Model Property Rights Element
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Planning for a Better Tomorrow
We are pleased to share with you 1000 Friends of Florida’s Model Property Rights Element, prepared in conjunction with faculty at the University of Florida. This model element is in accordance with the provisions of SB 59 (Fla. Stat. § 163.3177(6)(i)), passed during the 2021 Florida Legislative Session, signed into law by Gov. DeSantis, and incorporated into Florida’s Community Planning Act. The document is also available in a word version to copy and paste.
Now, every city and county in Florida shall “include in its comprehensive plan a property rights element.” Your city or county must adopt this new element “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.”
1000 Friends of Florida believes that open and transparent decision-making is the best protection for property rights. We have long advocated for the rights of all people to contribute to local government planning. Engaged citizens improve their neighborhoods. Our quality of life is enhanced, our environment is protected, and our communities are strengthened when local government planning respects the rights of everyone. Public participation leads to more thoughtful and enduring planning and builds more public support for plans.
Since the requirement went into effect on July 1, 2021, the Department of Economic Opportunity provided clarification for all local governments and plan amendment applicants. The first clarifying guidance was issued on July 23, 2021. Shortly thereafter on August 5, 2021, the agency provided further clarification to assist local governments in the adoption process. We are pleased to provide feedback from DEO by encouraging all local governments to submit their private property rights element as a stand-alone element. This is important for the agency in its review of all the incoming plan amendments. Additionally, we have modified language in our model element in “Exhibit A: Goal” to consider property rights in all local government decisions.
With 1000 Friends of Florida’s model property rights element, your city or county can affirm its support for the rights of all people to participate in the planning decisions you make that affect their lives and property.
For more information view the the broadcast, and PowerPoint for 1000 Friends’ webinar, Developing a Property Rights Element for your Community. You may also contact Policy & Planning Director Jane West at email@example.com with questions about the element.