Rick Buckeye, AICP

Senior Planner

Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Pete Schwarz, AICP

Director of Community and Economic Development

Issue Statement: In 2021, the Florida Legislature amended the Community Planning Act to require every city and county “include in its comprehensive plan a property rights element” (Section 163.3177(6)(i)1, Florida Statute; 2021). Each 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” (Section 163.3177(6)(i)2, Florida Statute; 2021). 

Recommended Action: The Planning & Zoning Board recommend that the City Commission conduct a public hearing and adopt the proposed Ordinance amending the text of the Oakland Park Comprehensive Plan to create a Property Rights Element.

Background: The purpose of the proposed Property Rights Element is to implement the requirements of House Bill 59, which was signed by the Governor on June 28, 2021, and which modified Chapter 163.3177, Florida Statutes to require local governments to adopt a Property Rights Element into its Comprehensive Plan.

The Property Rights Element requires that the following rights shall be considered in local decision making:

1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.
2. 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.
3. The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.
4. The right of a property owner to dispose of his or her property through sale or gift.

An Evaluation and Appraisal Report (EAR) of the City’s Comprehensive Plan was conducted, approved, and adopted by the City Commission in November of 2021 and it was also accepted by the state Department of Economic Opportunity (DEO) in December of 2021. Subsequently, the City determined what other amendments need to be made to its current Comprehensive Plan and those that are necessary to reflect changes in other state requirements as part of an EAR-based Comprehensive Plan amendment proposal. The EAR amendments will then be transmitted to the Department of Economic Opportunity (DEO) later this year for acceptance. Presently, the City is moving forward with the Comprehensive Plan Amendment to create a Property Rights Element since no other initiated land use plan amendments can be made by City until the Property Rights Element is adopted.  

The Comprehensive Plan Text (additions shown as underlined) that is being created for the Property Rights Element is as follows:

PROPERTY RIGHTS ELEMENT

Goal 11           To ensure that private property rights are protected and considered in the City’s decision-making processes.

Objective 11.1     The City shall protect and preserve private property rights.

Policy 11.1.1       Property Rights: The owner of real property shall have private property rights protected and preserved as follows in accordance with Florida Statutes:

a)     The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.

b)    The right of a property owner to use, maintain, develop, and improve his or her property for personal use or the use of any other person, subject to state and local ordinances.

c)     The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.

d)    The right of a property owner to dispose of his or her property through sale or gift.

Adoption of this Comprehensive Plan text amendment to add the new Element will fulfill the state requirement.