Bill Text: FL S1380 | 2021 | Regular Session | Introduced

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Bill Title: Relief from Burdens on Real Property Rights

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-04-30 - Died in Judiciary, companion bill(s) passed, see CS/CS for HB 421 & HB 1101 (Ch. 2021-203) [S1380 Detail]

Download: Florida-2021-S1380-Introduced.html

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       Florida Senate - 2021                                    SB 1380
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-01325-21                                           20211380__
    1                        A bill to be entitled                      
    2         An act relating to relief from burdens on real
    3         property rights; amending s. 70.001, F.S.; revising
    4         the definitions of the terms “action of a governmental
    5         entity” and “real property”; amending s. 70.51, F.S.;
    6         revising the definition of the term “land”; reenacting
    7         s. 70.45(1)(e), F.S., relating to governmental
    8         exactions, to incorporate the amendment made to s.
    9         70.001, F.S., in a reference thereto; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (d) and (g) of subsection (3) of
   15  section 70.001, Florida Statutes, are amended to read:
   16         70.001 Private property rights protection.—
   17         (3) For purposes of this section:
   18         (d) The term “action of a governmental entity” means a
   19  specific action of a governmental entity which affects real
   20  property, including action on an application or permit or
   21  adopting or enforcing any ordinance, resolution, regulation,
   22  rule, or policy.
   23         (g) The term “real property” means land and any legal
   24  interest in land, including surface, subsurface, and mineral
   25  estates; includes any appurtenances and improvements to the
   26  land; and, including any other relevant interest held by a
   27  property owner in the land real property in which the property
   28  owner has a relevant interest. The term includes only the land
   29  that is parcels that are the subject of and directly impacted by
   30  the action of a governmental entity.
   31         Section 2. Paragraph (g) of subsection (2) of section
   32  70.51, Florida Statutes, is amended to read:
   33         70.51 Land use and environmental dispute resolution.—
   34         (2) As used in this section, the term:
   35         (g) “Land” or “real property” has the same meaning as in s.
   36  70.001(3)(g) means land and includes any appurtenances and
   37  improvements to the land, including any other relevant real
   38  property in which the owner had a relevant interest.
   39         Section 3. For the purpose of incorporating the amendment
   40  made by this act to section 70.001, Florida Statutes, in a
   41  reference thereto, paragraph (e) of subsection (1) of section
   42  70.45, Florida Statutes, is reenacted to read:
   43         70.45 Governmental exactions.—
   44         (1) As used in this section, the term:
   45         (e) “Real property” has the same meaning as provided in s.
   46  70.001(3)(g).
   47         Section 4. This act shall take effect July 1, 2021.