Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Urban Planning
Information
Requested Action
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MOTION TO ADOPT Resolution No. 2021-515 of the Board of County Commissioners of Broward County, Florida, transmitting to designated state agencies proposed amendments to the Broward County comprehensive plan text; amending comprehensive plan text related to the property rights element; and providing for an effective date.
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Why Action is Necessary
In 2021, the Florida Legislature adopted HB 59: Growth Management. The legislation includes changes to Chapter 163.3177, Florida Statutes that require local governments to include a property rights element in their comprehensive plans.
What Action Accomplishes
Transmits an amendment to the Broward County Comprehensive Plan, BrowardNEXT2.0, adding a new Property Rights Element, to required state agencies.
Is this Action Goal Related
No
Previous Action Taken
On August 24, 2021, the Board passed a Motion to Initiate an amendment to the Broward County Comprehensive Plan, BrowardNEXT2.0, adding a new Property Rights Element.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
In 2021, the Florida Legislature adopted HB 59: Growth Management. It requires local government comprehensive plans to include a property rights element. The proposed Property Rights Element reflects the requirements of state statute. It provides for Broward County to consider property rights during local decision-making processes, recognizing a person who owns property within Broward County has rights to:
a. Physically possess and control his or her interests in the property, including easements, leases, or mineral rights;
b. 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;
c. Privacy and to exclude others from the property to protect the owner's possessions and property; and
d. Dispose of his or her property through sale or gift.
Source of Additional Information
Josie P. Sesodia, AICP, Director, Urban Planning Division (954) 357-6602.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.