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.

Consider 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.