Bill Text: FL S1854 | 2022 | Regular Session | Introduced

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Bill Title: Legal Rights of the Natural Environment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Environment and Natural Resources [S1854 Detail]

Download: Florida-2022-S1854-Introduced.html

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       Florida Senate - 2022                                    SB 1854
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01725-22                                           20221854__
    1                        A bill to be entitled                      
    2         An act relating to legal rights of the natural
    3         environment; amending s. 403.412, F.S.; repealing
    4         provisions prohibiting local governments from
    5         recognizing or granting certain legal rights to the
    6         natural environment or granting such rights relating
    7         to the natural environment to a person or political
    8         subdivision; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (9) of section 403.412, Florida
   13  Statutes, is amended to read:
   14         403.412 Environmental Protection Act.—
   15         (9)(a) A local government regulation, ordinance, code,
   16  rule, comprehensive plan, charter, or any other provision of law
   17  may not recognize or grant any legal rights to a plant, an
   18  animal, a body of water, or any other part of the natural
   19  environment that is not a person or political subdivision as
   20  defined in s. 1.01(8) or grant such person or political
   21  subdivision any specific rights relating to the natural
   22  environment not otherwise authorized in general law or
   23  specifically granted in the State Constitution.
   24         (b) This subsection does not limit the power of an
   25  adversely affected party to challenge the consistency of a
   26  development order with a comprehensive plan as provided in s.
   27  163.3215 or to file an action for injunctive relief to enforce
   28  the terms of a development agreement or challenge compliance of
   29  the agreement as provided in s. 163.3243.
   30         (c) This subsection does not limit the standing of the
   31  Department of Legal Affairs, a political subdivision or
   32  municipality of the state, or a citizen of the state to maintain
   33  an action for injunctive relief as provided in this section.
   34         Section 2. This act shall take effect July 1, 2022.