Property Rights Legislation Filed in Tallahassee

CPR is pleased to announce that its property rights legislation on growth management has been filed in Tallahassee:

HB 203 by Rep. Stan McClain and SB 410 by Sen. Keith Perry.

Why These Bills are Important

Florida Statutes list nine issues or elements that must be considered in local decision-making. The protection of private property rights is NOT included in that list. This puts you, the property owner, at a severe disadvantage when seeking to use your property.

The Legislature’s Intent

This legislation will call attention to the Legislative intent when growth management legislation was first became law. F.S. 163.3161 (10) clearly states:

“It is the intent of the Legislature that all governmental entities in this state recognize and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and amendments thereto, and programs adopted under the authority of this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f).”

What These Bills Do

They require all local comprehensive plans to include a “Property Rights Element” mandating that property rights be considered in local decision-making.

They offer a “copy and paste” element which any local government may adopt and simply insert into their comprehensive plan.

They allow any local government to write their own “Property Rights Element” if it prefers.

You Can Help

As these bills progress through the committee process, CPR will keep you informed via “Tallahassee Updates” so you can express your support to your state representative and state senator.

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Dan Peterson

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