Senate Bill 1380 (2021) — Relief from burdens on real property rights
SB 1380
Florida Bills
Florida Senate - 2021 SB By Senator Rodrigues 27-01325-21 20211380__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to relief from burdens on real property rights; amending s. 70.001, F.S.; revising the
definitions of the terms “action of a governmental entity” and “real property”; amending s. 70.51, F.S.; 5 revising the definition of the term “land”; reenacting s. 70.45(1)(e), F.S., relating to governmental exactions, to incorporate the amendment made to s. 8 70.001, F.S., in a reference thereto; providing an effective date. 10
Be It Enacted by the Legislature of the State of Florida: 12
Section 1. Paragraphs
(
d) and
(
g) of subsection (3) of
section 70.001, Florida Statutes, are amended to read: 15 70.001 Private property rights protection.— 16
(3) For purposes of this section: 17
(
d) The term “action of a governmental entity” means a specific action of a governmental entity which affects real property, including action on an application or permit or adopting or enforcing any ordinance, resolution, regulation, 21 rule, or policy. 22
(
g) The term “real property” means land and any legal interest in land, including surface, subsurface, and mineral estates; includes any appurtenances and improvements to the land; and, including any other relevant interest held by a property owner in the land real property in which the property owner has a relevant interest. The term includes only the land that is parcels that are the subject of and directly impacted by Florida Senate - 2021 SB 1380 27-01325-21 20211380__ CODING: Words stricken are deletions; words underlined are additions. the action of a governmental entity. 30
Section 2. Paragraph
(
g) of subsection (2) of
section 31 70.51, Florida Statutes, is amended to read: 32 70.51 Land use and environmental dispute resolution.— 33
(2) As used in this section, the term: 34
(g) “Land” or “real property” has the same meaning as in s. 35 70.001(3)(
g) means land and includes any appurtenances and improvements to the land, including any other relevant real property in which the owner had a relevant interest. 38
Section 3. For the purpose of incorporating the amendment made by this act to
section 70.001, Florida Statutes, in a reference thereto, paragraph
(
e) of subsection (1) of
section 41 70.45, Florida Statutes, is reenacted to read: 42 70.45 Governmental exactions.— 43
(1) As used in this section, the term: 44
(e) “Real property” has the same meaning as provided in s. 45 70.001(3)(g). 46