Bill Text: FL S0362 | 2018 | Regular Session | Introduced
Bill Title: Growth Management
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Community Affairs [S0362 Detail]
Download: Florida-2018-S0362-Introduced.html
Florida Senate - 2018 SB 362 By Senator Perry 8-00219-18 2018362__ 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3167, F.S.; requiring local governments to address 4 the protection of private property rights in their 5 comprehensive plans; amending s. 163.3177, F.S.; 6 requiring the comprehensive plan to include a private 7 property rights element that sets forth principles, 8 guidelines, standards, and strategies to achieve 9 certain objectives; requiring counties and 10 municipalities to adopt within a specified period land 11 development regulations consistent with the private 12 property rights element; providing a deadline by which 13 each local government must adopt a private property 14 rights element; requiring the state land planning 15 agency to approve the private property rights element 16 adopted by each local government if it is 17 substantially in a specified form; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (9) of section 163.3167, Florida 23 Statutes, is amended to read: 24 163.3167 Scope of act.— 25 (9) Each local government shall address in its 26 comprehensive plan, as enumerated in this chapter:,27 (a) The water supply sources necessary to meet and achieve 28 the existing and projected water use demand for the established 29 planning period, considering the applicable plan developed 30 pursuant to s. 373.709; and.31 (b) The protection of private property rights. 32 Section 2. Paragraph (i) is added to subsection (6) of 33 section 163.3177, Florida Statutes, to read: 34 163.3177 Required and optional elements of comprehensive 35 plan; studies and surveys.— 36 (6) In addition to the requirements of subsections (1)-(5), 37 the comprehensive plan shall include the following elements: 38 (i)1. In recognition of the legitimate and often competing 39 public and private interests in land use regulations and other 40 governmental action, a property rights element that protects 41 private property rights. The private property rights element 42 must set forth the principles, guidelines, standards, and 43 strategies that will guide the local government’s decisions and 44 program implementation with respect to the following objectives: 45 a. Consideration of the impact on private property rights 46 of all proposed development orders, plan amendments, ordinances, 47 and other government decisions. 48 b. Encouragement of economic development. 49 c. Use of alternative, innovative solutions to provide 50 equal or better protection of private property rights than the 51 comprehensive plan. 52 d. Consideration of the degree of harm created by 53 noncompliance with the comprehensive plan. 54 2. Each county and each municipality within the county 55 shall, within 1 year after adopting its private property rights 56 element, adopt land development regulations consistent with this 57 paragraph. 58 3. Each local government shall adopt a private property 59 rights element at its next evaluation and appraisal update 60 review as required under this section or by July 2020, whichever 61 occurs first. 62 4. The state land planning agency shall approve each 63 private property rights element adopted by a local government if 64 it is in substantially the following form: 65 GOAL: In all decisions, the ...(name of commission)... will 66 take into consideration the balancing of the comprehensive plan 67 provisions with the protection of private property rights; the 68 encouragement of economic development; the use of alternative, 69 innovative solutions to provide equal or better protection than 70 the comprehensive plan; and the degree of harm created by 71 noncompliance with the comprehensive plan. 72 OBJECTIVE 1: In all decisions rendered under the 73 comprehensive plan and implementing land development 74 regulations, the ...(name of local government)... shall balance 75 the protection of private property rights with the comprehensive 76 plan provisions applicable to the circumstance. 77 POLICY 1.1: The ...(name of commission)... shall render its 78 decisions in support of economic development and in deference to 79 private property rights. 80 POLICY 1.2: In all decisions, the ...(name of 81 commission)... may approve alternative, innovative solutions 82 that provide equal or better protection than the comprehensive 83 plan. 84 POLICY 1.3: If the degree of harm created by noncompliance 85 with the comprehensive plan is minimal or may be mitigated, the 86 ...(name of local government)... may approve the applicable 87 request or application. 88 OBJECTIVE 2: The ...(name of local government)... shall 89 bring its land development regulations into internal consistency 90 with the private property rights element. 91 POLICY 2.1: No later than 1 year after the ...(name of 92 local government)... adopts the private property rights element, 93 it shall review and revise its land development regulations as 94 necessary to make them consistent with that element. 95 Section 3. This act shall take effect July 1, 2018.