Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for SB 1730 Ì457232ÆÎ457232 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 147 and 148 4 insert: 5 Section 3. Subsection (3) of section 163.3167, Florida 6 Statutes, is amended to read: 7 163.3167 Scope of act.— 8 (3) A municipality established after the effective date of 9 this act shall, within 1 year after incorporation, establish a 10 local planning agency, pursuant to s. 163.3174, and prepare and 11 adopt a comprehensive plan of the type and in the manner set out 12 in this act within 3 years after the date of such incorporation. 13 A county comprehensive plan is
shall be deemedcontrolling until 14 the municipality adopts a comprehensive plan in accordance 15 accordwith this act. A comprehensive plan that is effective 16 after January 1, 2019, pursuant to this part, and all land 17 development regulations adopted to implement such a plan, must 18 recognize a development order in existence as of the 19 comprehensive plan’s effective date, may not impair a party’s 20 ability to complete development in accordance with the 21 development order, and, notwithstanding whether future 22 amendments to the development order are sought, must vest the 23 density and intensity approved by such a development order. 24 Section 4. Paragraph (i) is added to subsection (6) of 25 section 163.3177, Florida Statutes, to read: 26 163.3177 Required and optional elements of comprehensive 27 plan; studies and surveys.— 28 (6) In addition to the requirements of subsections (1)-(5), 29 the comprehensive plan shall include the following elements: 30 (i) In accordance with the legislative intent expressed in 31 ss. 163.3161(10) and 187.101(3), that governmental entities must 32 respect judicially acknowledged and constitutionally protected 33 private property rights, a property rights element to ensure 34 that private property rights are considered in local 35 decisionmaking. 36 1. A local government may adopt its own property rights 37 element or use the following statement of rights: 38 39 The following rights shall be considered in local 40 decisionmaking: 41 1. The right of a property owner to physically possess and 42 control his or her interests in the property, including 43 easements, leases, or mineral rights. 44 2. The right of the property owner to the quiet enjoyment 45 of the property, to the exclusion of all others. 46 3. The right of a property owner to use, maintain, develop, 47 and improve his or her property for personal use or the use of 48 any other person, subject to state law and local ordinances. 49 4. The right of the property owner to privacy and to 50 exclude others from the property to protect the owner’s 51 possessions and property. 52 5. The right of a property owner to dispose of his or her 53 property through sale or gift. 54 55 2. Each local government must adopt a property rights 56 element in its comprehensive plan by July 1, 2020. If a local 57 government adopts its own property rights element, such property 58 rights element may not conflict with the statement of rights 59 provided pursuant to subparagraph 1. 60 Section 5. Paragraph (j) is added to subsection (2) of 61 section 163.3202, Florida Statutes, to read: 62 163.3202 Land development regulations.— 63 (2) Local land development regulations shall contain 64 specific and detailed provisions necessary or desirable to 65 implement the adopted comprehensive plan and shall at a minimum: 66 (j) Provide for existing development orders identified 67 pursuant to s. 163.3167(3). 68 69 ================= T I T L E A M E N D M E N T ================ 70 And the title is amended as follows: 71 Between lines 14 and 15 72 insert: 73 163.3167, F.S.; requiring certain comprehensive plans 74 to recognize the terms of existing development orders; 75 amending s. 163.3177, F.S.; requiring a local 76 government’s comprehensive plan to include a property 77 rights element; providing a statement of rights that a 78 local government may use; requiring each local 79 government to adopt a property rights element by a 80 specified date; providing that a local government’s 81 property rights element may not conflict with the 82 statutorily provided statement of rights; amending s. 83 163.3202, F.S.; requiring local land development 84 regulations to provide for certain existing 85 development orders; amending s.