Item Coversheet



BOCC AGENDA ITEM


Item Title:CPA21-005 Property Rights Element (Transmittal)
Date:8/23/2021
Department:Planning
Background:

Florida House Bill 59 went into effect on July 1, 2021. The legislation builds upon Florida’s Bert Harris Act which is intended to protect property owners against government actions that “inordinately burden” their ability to benefit from their land. Each local government must adopt a property rights element into its comprehensive plan either as part of its next proposed plan amendment after July 1, 2021, or during the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191 (whichever occurs sooner). The legislation also includes a prohibition on the consideration of any Comprehensive Plan amendment until the Property Rights Element is adopted.

As set forth in the proposed amendment, the four standards set forth under proposed Policy PR.01.01 represent the requirements of the statute. The County’s outside legal counsel recommended the additional policies that clarify the scope of applicability of the Element.

A strike/underline version of Exhibit A is attached here a backup material to show changes to proposed Policy PR.01.02 as recommended by the Planning & Zoning Board at their August 17, 2021 meeting.
Request:

Consider for transmittal to State agencies for review CPA21-005, an Ordinance amending the 2030 Nassau County Comprehensive Plan to add a new Property Rights Element with a statement of property rights; providing for transmittal; providing for severability; and providing an effective date.      

Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:
This legislation is intended to build upon Florida’s Bert Harris Act which is intended to protect property owners against government actions that “inordinately burden” their ability to benefit from their land.
Action Requested and Recommendation:

Consider for transmittal to State agencies for review CPA21-005, an Ordinance amending the 2030 Nassau County Comprehensive Plan to add a new Property Rights Element with a statement of property rights; providing for transmittal; providing for severability; and providing an effective date.      

Is this action consistent with the Nassau County Comprehensive Land Use Plan?
Yes
Funding Source:
N/A

Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
N/A
For non-governmental agencies, has the document been sent to the vendor for signature?
N/A
Does the document need to be recorded? If so, who will pay the recordation fee?
N/A
Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
N/A
How many originals are needed?
N/A

ATTACHMENTS:
DescriptionUpload DateType
CPA21-005 Staff Report (revised)8/19/2021Backup Material
CPA21-005 Ordinance (Draft for Transmittal)8/11/2021Ordinance
CPA21-005 Ordinance Ex. A (Draft for Transmittal) BOCC 8-23-218/18/2021Exhibit
CPA21-005 Ordinance Ex. A (Strike-Underline)8/18/2021Backup Material