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File #: 3490   
Type: Public Hearing Status: Agenda Ready
File created: 11/1/2021 In control: Planning and Zoning Board / Local Planning Agency
On agenda: 11/15/2021 Final action: 11/15/2021
Title: Public Hearing, Re: Comprehensive Plan Text Amendment Adoption to include a Property Rights Element as required by House Bill 59.
Attachments: 1. Staff Comments, 2. Property Rights Element, 3. Revised Table of Contents, 4. Draft Ordinance, 5. House Bill 59, 6. BREVARD CO. 21-01ESR (P).pdf
Subject:
Title
Public Hearing, Re: Comprehensive Plan Text Amendment Adoption to include a Property Rights Element as required by House Bill 59.
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Local Planning Agency consider adoption of a text amendment to the Comprehensive Plan to add a Property Rights Element, and to change the Table of Contents to include this Element.
End
Summary Explanation and Background:
This request is for a text amendment to create a Property Rights Element to the Comprehensive Plan adding Goals, Objectives, and Policies with regards to the local decision making process as it pertains to the rights of property owners.

This request is a result of House Bill 59, which became law on June 29, 2021, adding Section 163.3177(6)(i), Florida Statutes. Effective July 1, 2021: Each local government must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to Section 163.3191, Florida Statutes.

The Property Rights Element creates a decision-making policy with regards to the right of property owners to physically control, maintain, improve, protect, and sell properties.

Pursuant to the expedited state review, DEO identified no comment related to adverse impacts to important state resources and facilities within the Departments authorized scope of review. DEO provided one technical comment pertaining to the Ordinance; To revise and remove the reference to the Future Land Use Element and being applicable to the Future Land Use Element of the Comprehensive Plan. Staff has made this change. The other agencies had no comments.

On August 23, 2021, the Local Planning Agency recommended approval of transmittal, adding Paragraph (E) to the element that states Brevar...

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