During the 2021 Legislative Session, the Florida Legislature adoption changes to Chapter 163, Section 163.3177 – requiring governments to acknowledge and constitutionally protect private property rights. The bill was signed into law by the governor on June 29, 2021.
As part of this requirement, all Cities must adopt a Property Rights Element into their Comprehensive Plan. Below are the goal, objectives and polices proposed, consistent with the state requirements.
Property Right’s Element:
Goal: Consider the rights of property owners in all local decision-making.
Objectives and Policies:
Objective 1: - Apply rules, ordinances, and regulations with sensitivity for private property rights.
Policy 1.1: In local decision-making, the City of North Miami Beach shall consider the right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.
Policy 1.2: In local decision-making, the City of North Miami Beach shall consider the right of a property owner to 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.
Policy 1.3: In local decision-making, the City of North Miami Beach shall consider the right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.
Policy 1.4: In local decision-making, the City of North Miami Beach shall consider the right of a property owner to dispose of his or her property through sale or gift.