SUBJECT:
Title
Request Approval to Adopt a Resolution Relating to Consideration of Private Property Rights in Small-Scale Amendments to the Comprehensive Plan
Body
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
Legal |
DESCRIPTION/BACKGROUND:
House Bill 59 was recently signed into law to amend Chapter 163.3177 Florida Statutes adding a requirement for each local government to adopt a Property Rights Element into their Comprehensive Plan. The intent of this legislation is to ensure that private property rights are considered in local decision making. The required language addresses:
1) The right of a property owner to physically possess and control their interests in property, including easements, leases, or mineral rights;
2) The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances;
3) The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property; and
4) The right of a property owner to dispose of his or her property through sale or gift.
The Department of Economic Opportunity (DEO) has indicated that no further large-scale comprehensive plan amendments will be processed or reviewed until the Property Rights Element has been adopted into the County’s Comprehensive Plan. The County, however, does not transmit small-scale amendments to DEO for their review and pending the amendment of the Comprehensive Plan to add the property rights element, several small-scale amendments may be before the Board for their consideration.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve the resolution relating to consideration of private property rights in small-scale amendments to the Comprehensive Plan.
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