Tuesday, March 3, 2020

Legislative Alert: HB 203 will further gut growth management laws. Up for Vote on Thursday. Call Your Representative Now!


We need your help in opposing House Bill 203 which is likely to come up for a vote on Thursday, March 6th. 

This bill would require that each local comprehensive plan include a new private property rights element. Private property rights are already protected under the federal and state constitutions and statutorily through the Bert Harris Act.

HB 203 will lead to state-wide inconsistent results on what constitutes a private property right because each local government could define it differently in its comprehensive plan. It creates nothing but a bureaucratic paperwork requirement at the taxpayer's expense that adds nothing to existing property rights protections.

Please call your State Representative and ASK HIM OR HER TO VOTE NO on HB 203!

HB 203 has other damaging provisions. Last year, a law was passed that requires that local comprehensive plans adopted after January 1, 2019, and all land development regulations adopted to implement the plan, must incorporate development orders existing before the comprehensive plan’s effective date. This year, HB 203, extends the applicability deadline by providing that all local comprehensive plans effective, rather than adopted, after January 1, 2019, and all land development regulations adopted to implement the plan, must incorporate development orders existing before the plan’s effective date. Since the effective date is potentially after the adoption date, this change would bring more local comprehensive plans under its influence. 

The bill also allows a prevailing party in an action challenging an ordinance related to local growth policy and land development regulations, which is determined or found to be expressly preempted by the Florida Constitution or law, to collect attorney fees and costs. This will effectively end citizen challenges.

In short, HB 203 will have a chilling effect on growth management in Florida.

Please call your State Representative and ASK HIM OR HER TO VOTE NO on HB 203!