Bill Text: FL S1424 | 2015 | Regular Session | Introduced

---

Bill Title: Growth Management

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Community Affairs [S1424 Detail]

Download: Florida-2015-S1424-Introduced.html

---

       Florida Senate - 2015                                    SB 1424
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00200-15                                            20151424__
    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 comprehensive plans to include a property
    7         rights element that addresses certain objectives;
    8         requiring counties and municipalities to adopt land
    9         development regulations consistent with this element
   10         within a specified timeframe; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (9) of section 163.3167, Florida
   16  Statutes, is amended to read:
   17         163.3167 Scope of act.—
   18         (9) Each local government shall address in its
   19  comprehensive plan, as enumerated in this chapter:,
   20         (a) The water supply sources necessary to meet and achieve
   21  the existing and projected water use demand for the established
   22  planning period, considering the applicable plan developed
   23  pursuant to s. 373.709; and
   24         (b) The protection of private property rights.
   25         Section 2. Paragraph (i) is added to subsection (6) of
   26  section 163.3177, Florida Statutes, to read:
   27         163.3177 Required and optional elements of comprehensive
   28  plan; studies and surveys.—
   29         (6) In addition to the requirements of subsections (1)-(5),
   30  the comprehensive plan shall include the following elements:
   31         (i) A property rights element protecting private property
   32  rights in recognition of the legitimate and often competing
   33  public and private interests in land use regulations and other
   34  governmental actions.
   35         1. The property rights element must establish the
   36  principles, guidelines, standards, and strategies that guide the
   37  local government’s decisions and program implementation with
   38  respect to the following objectives:
   39         a. Consideration of the impact of all proposed development
   40  orders, plan amendments, ordinances, and other government
   41  decisions on private property rights.
   42         b. Encouragement of economic development.
   43         c. Use of alternative, innovative solutions to provide
   44  equal or better protection than required by the comprehensive
   45  plan.
   46         d. Consider the degree of harm caused by noncompliance with
   47  the comprehensive plan.
   48         2. Within 1 year after adopting the property rights
   49  element, each county and municipality within the county shall
   50  adopt land development regulations consistent with this
   51  paragraph.
   52         Section 3. This act shall take effect July 1, 2015.