Port Orange city council instituted a new private property rights law in its comprehensive plan on November 16, just as Volusia County Council and other towns in Volusia will have to do.

Gov. Ron DeSantis signed House Bill 59 on June 29, signaling his agreement with the legislature that every city and county must include an element of property rights in their overall plan.

Although unanimous, it was not without a grudge. When the proposed changes were presented for first reading at the Port Orange city council meeting on October 5, Mayor Don Burnette expressed his displeasure.

“I understand what the state is trying to do, I understand that developers have property rights, and I don’t need to be reminded of this because it’s rooted in our Constitution,” said the Mayor Burnette. “Anyone who owns property has rights and this is again where we really have no choice. But the state of Florida tells us to do our job and respect the property rights of developers and I really want to. “

The bill created an amendment to the state’s community planning law, directing local governments to amend their comprehensive plans to include the element of property rights. Master plans are a guide to land regulation, often referred to as growth management.

What does this mean to you?

The new law will be in addition to property rights laws already in place at state and federal levels and is not expected to impact landowners in both incorporated and unincorporated areas of Volusia.

Why will the amendment have no impact on the owners of Volusia?

Because the gist of Bill 59, which came into effect at the state level on July 1, is something governments were already doing.

“I think that’s a bit of a stretch,” Port Orange City Attorney Matthew Jones said at the Oct. 5 meeting.

“It’s something we always look at at the staff level,” Mr. Jones said. “When we look at as lawyers, we look at that and we always provide that advice so that that kind of code codifies what we’re doing, but it’s something we already have on the radar.”

Like most cities in Florida, Port Orange has adopted the state’s model language:

• The right of an owner to own and physically control their interests in the property, including easements, leases or mineral rights.

• The right of an owner to use, maintain, develop and improve his property for personal use or for the use of any other person, subject to state law and local ordinances. .

• The owner’s right to privacy and to exclude others from property to protect the owner’s property and property.

• The right of an owner to dispose of his property by sale or donation.

The amendment to the Port Orange Comprehensive Plan went into effect immediately, but has yet to be approved by the Volusia County Growth Management Board. This commission will determine whether the ordinance complies with article 202.3 of the Volusia Charter.

As mentioned earlier, HB 59 also requires counties to change their full plans. Clay Ervin, Director of Growth and Resource Management, spoke at the Volusia County Council meeting on October 5.

“The state said we have to do it, we do it. We follow the standards set by the state for the fastest and most efficient way to do this, ”Mr. Ervin said. “The staff will be monitoring this over the next year to see how others can do it. We think this is the fastest and easiest way. It poses four questions which should be addressed by any public decision as the overall planning and land use planning progresses. It meets the requirements of the state.

His team will report back to the board after a year or so if they think any further changes should be made.

Volusia County Council unanimously approved the change, but it will need to be approved by the State Department of Economic Opportunities as well as the County Growth Commission.

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