Ordinance No. 30-21
Exhibit A, Ordinance No. 30-21
PRIVATE PROPERTY RIGHTS
GOALS, OBJECTIVES, AND POLICIES
LIVE
GOAL PPR1PRIVATE PROPERTYRIGHTS
WORK
PLAY
GROW
Comprehensive Plan | 2019
Element Adopted October 2021
PRIVATE PROPERTY RIGHTS ELEMENT
What is the PRIVATE PROPERTY RIGHTS Element?
Property owners in Florida have strong property rights protection through the U.S. Constitution, the
Florida Constitution, and the Bert J. Harris Act. However, effective June 29, 2021, the State of
Florida amended the requirements for comprehensive plan elements in ss. 163.3177(6) to require
a property rights element to ensure that private property rights are considered in local
decisionmaking.
Local government rules generally create value in property and bring stability to real estate
markets. Rules that benefit the public also protect property rights. However, a
process for regulating land greatly impacts real estate markets and property rights. Transparency,
predictability, and reliability are three strategies for implementing land use rules in a way that
benefits people and respects property rights. The Private Property Rights Element provides a policy
framework in support of these strategies.
PRIVATE PROPERTY RIGHTS GOALS
GOAL PPR 1 PRIVATE PROPERTY RIGHTS
CONSIDER PRIVATE PROPERTY RIGHTS IN PLANNING AND DEVELOPMENT
DECISIONS LOCAL DECISION MAKING, AND RESPECT THE RIGHTS OF
CITIZENS TO PARTICIPATE IN DECISIONS THAT AFFECT THEIR LIVES AND
PROPERTY.
PPR GOP | ii
GOAL PPR1PRIVATE PROPERTY RIGHTS
CONSIDER PRIVATE PROPERTY RIGHTS IN PLANNING AND DEVELOPMENT DECISIONSLOCAL
DECISION MAKING, AND RESPECT THE RIGHTS OF CITIZENS TO PARTICIPATE IN DECISIONS THAT
AFFECT THEIR LIVES AND PROPERTYIN ACCORDANCE WITHTHE REQUIREMENTS OFTHE FLORIDA
STATUTES.
Performance Measures: Success in addressing Objectives and Policies of GOAL PPR1 shall be
measured utilizing the following performance indicators:
Provision oflegal notice consistent with the Florida Statute requirements for planning and
development decisions.
Objective PPR1.1Private Property Rights
Objective PPR1.2 Transparency, Reliability,
Respect judicially acknowledged and
and Predictability in Decision-making
constitutionally protected private property
rights in local decision-making. Decision-making shall be transparent,
reliable and predictable, based on
Policy PPR 1.1.1
adherence to adopted local regulations, in
Consider the right of a private property owner
order to promote sound, long-term
to
investments in the community.
Physically possess and control interests in
Policy PPR 1.2.1
their ownproperty, including easements,
Continue to make available all development
leases, or mineral rights.
applications, including comprehensive plan
amendmentsforpublic review and provide an
Use, maintain, develop, and improve
affected party anequal opportunity for
property for their own personal use or for
participation in all associated hearings.
the use of any other person, subject to
state law and local ordinances.
Policy PPR1.2.2
Continue to allow any affected person that will
Maintainprivacy and exclude others
suffer an adverse effect to an interest
from the property to protect the owner's
protected or furthered by this comprehensive
possessions and property.
plan to participate in and be a party to a
hearing on a local government decision.
Dispose of theirown property through
sale or gift.
PPRGOP| 2