Bill Text: FL S0940 | 2017 | Regular Session | Introduced
Bill Title: Growth Management
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2017-05-05 - Died in Environmental Preservation and Conservation [S0940 Detail]
Download: Florida-2017-S0940-Introduced.html
Florida Senate - 2017 SB 940 By Senator Perry 8-00629-17 2017940__ 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 deadlines for each 13 local government to adopt a private property rights 14 element; requiring the state land planning agency to 15 approve the private property rights element adopted by 16 each local government if it is substantially in a 17 specified form; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (9) of section 163.3167, Florida 22 Statutes, is amended to read: 23 163.3167 Scope of act.— 24 (9) Each local government shall address in its 25 comprehensive plan, as enumerated in this chapter:,26 (a) The water supply sources necessary to meet and achieve 27 the existing and projected water use demand for the established 28 planning period, considering the applicable plan developed 29 pursuant to s. 373.709. 30 (b) The protection of private property rights. 31 Section 2. Paragraph (i) is added to subsection (6) of 32 section 163.3177, Florida Statutes, to read: 33 163.3177 Required and optional elements of comprehensive 34 plan; studies and surveys.— 35 (6) In addition to the requirements of subsections (1)-(5), 36 the comprehensive plan shall include the following elements: 37 (i)1. In recognition of the legitimate and often competing 38 public and private interests in land use regulations and other 39 government action, a property rights element that protects 40 private property rights. The private property rights element 41 must set forth the principles, guidelines, standards, and 42 strategies to guide the local government’s decisions and program 43 implementation with respect to the following objectives: 44 a. Consideration of the impact to private property rights 45 of all proposed development orders, plan amendments, ordinances, 46 and other government decisions. 47 b. Encouragement of economic development. 48 c. Use of alternative, innovative solutions to provide 49 equal or better protection than the comprehensive plan. 50 d. Consideration of the degree of harm created by 51 noncompliance with the provisions of the comprehensive plan. 52 2. Each county and each municipality within the county 53 shall, within 1 year after adopting its private property rights 54 element, adopt land development regulations consistent with this 55 paragraph. 56 3. Each local government shall adopt a private property 57 rights element at its next evaluation and appraisal update 58 review as required under this section or by July 2019, whichever 59 occurs first. 60 4. The state land planning agency shall approve each 61 private property rights element adopted by a local government if 62 it is in substantially the following form: 63 GOAL: In all decisions, the ...(name of commission)... will 64 take into consideration the balancing of the comprehensive plan 65 provisions with protection of private property rights; the 66 encouragement of economic development; the use of alternative, 67 innovative solutions to provide equal or better protection than 68 the comprehensive plan; and the degree of harm created by 69 noncompliance with the provisions of the comprehensive plan. 70 OBJECTIVE 1: In all decisions rendered under the 71 comprehensive plan and implementing land development 72 regulations, the ...(name of local government)... shall balance 73 the protection of private property rights with the comprehensive 74 plan provisions applicable to the circumstance. 75 POLICY 1.1: The ...(name of commission)... shall render its 76 decisions in support of economic development and in deference to 77 private property rights. 78 POLICY 1.2: In all decisions, the ...(name of 79 commission)... may approve alternative, innovative solutions 80 that provide equal or better protection than the comprehensive 81 plan. 82 POLICY 1.3: If the degree of harm created by noncompliance 83 with the provisions of the comprehensive plan is minimal or may 84 be mitigated, the ...(name of local government)... may approve 85 the applicable request or application. 86 OBJECTIVE 2: The ...(name of local government)... shall 87 bring its land development regulations into internal consistency 88 with the private property rights element. 89 POLICY 2.1: No later than 1 year after the ...(name of 90 local government)... adopts the private property rights element, 91 it shall review and revise its land development regulations as 92 necessary to make them consistent with that element. 93 Section 3. This act shall take effect July 1, 2017.