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.
On September 21, 2022, the City Commission approved the 1st reading of the Property Rights Element.
On September 29, 2022, the City submitted the Comprehensive Plan amendment to the State reviewing agencies for review in accordance with Florida Statutes Section 163.3184(3)(b).
The comments provided are as followed:
- Florida Department of Economic Opportunity (FDEO)
- No comment on the proposed amendment.
- Florida Department of Environmental Protection (FDEP)
- No objection to the proposed comprehensive plan amendment.
- Florida Department of Transportation, District 6 (FDOT)
- No objection to the proposed comprehensive plan amendment. District 6 recommends that the City of North Miami Beach continue to identify and address the safety needs of all modes of travel, including public transportation. The District encourages the City to include pedestrian and bicycle facilities to promote a safe walkable and connected community consistent with ss. 163.3177, Florida Statutes.
- Florida Department of State (DOS)
- South Florida Regional Planning Council (SFRPC)
- Approved by SFRPC on 10-17-22
- South Florida Water Management District
- Miami-Dade County
Pursuant to Florida Statute Section 163.3184(3)(c)1., the adopting hearing (2nd reading) of the comprehensive plan amendment shall be held within 180 days after receiving comments from the reviewing agencies.
Pursuant to Florida Statute Section 163.3184(3)(c)2., and 4., the proposed comprehensive plan amendment effective date is 31 days after the DEO notifies the City that the amendment package is complete.