Florida Senate - 2019                                     SB 428
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00799A-19                                            2019428__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3177, F.S.; requiring a local government’s
    4         comprehensive plan to include a property rights
    5         element; providing a statement of rights that a local
    6         government may use; requiring each local government to
    7         adopt a property rights element by a specified date;
    8         providing that a local government’s property rights
    9         element may not conflict with the statutorily provided
   10         statement of rights; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (i) is added to subsection (6) of
   15  section 163.3177, Florida Statutes, to read:
   16         163.3177 Required and optional elements of comprehensive
   17  plan; studies and surveys.—
   18         (6) In addition to the requirements of subsections (1)-(5),
   19  the comprehensive plan shall include the following elements:
   20         (i) In accordance with the legislative intent expressed in
   21  ss. 163.3161(10) and 187.101(3), that governmental entities must
   22  respect judicially acknowledged and constitutionally protected
   23  private property rights, a property rights element to ensure
   24  that private property rights are considered in local
   25  decisionmaking.
   26         1. A local government may adopt its own property rights
   27  element or use the following statement of rights:
   28  
   29         The following rights shall be considered in local
   30  decisionmaking:
   31         1. The right of a property owner to physically possess and
   32  control his or her interests in the property, including
   33  easements, leases, or mineral rights.
   34         2. The right of the property owner to the quiet enjoyment
   35  of the property, to the exclusion of all others.
   36         3. The right of a property owner to use, maintain, develop,
   37  and improve his or her property for personal use or the use of
   38  any other person, subject to state law and local ordinances.
   39         4. The right of the property owner to privacy and to
   40  exclude others from the property to protect the owner’s
   41  possessions and property.
   42         5. The right of a property owner to dispose of his or her
   43  property through sale or gift.
   44  
   45         2. Each local government must adopt a property rights
   46  element in its comprehensive plan by July 1, 2020. If a local
   47  government adopts its own property rights element, it may not
   48  conflict with the statement of rights provided in subparagraph
   49  1.
   50         Section 2. This act shall take effect July 1, 2019.