Sarasota County Comp Plan on Property Rights

Below is the Sarasota County Property Rights Element of its Comp Plan.

For comparison, see the Property Rights Element proposed by 1000 Friends of Florida.

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Sarasota County Property Rights Element

Sarasota County places its Property Rights in Chapter 16 of the Comp Plan, pages 593-594. The information below is directly transcribed from the Chapter:

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Nothing in this Comprehensive Plan shall be construed or applied to result in a temporary or permanent taking of private property without due process of law. Nothing contained in the Comprehensive Plan shall be construed as affecting validly existing vested rights. 

It shall be the duty and responsibility of the person alleging vested rights to demonstrate affirmatively the legal requisites of vested rights. 

Rights shall vest based upon a determination by the Sarasota Board of County Commissioners that the property owner alleging vested rights: 

1. Has acted in good faith; 

2. Upon some act or omission of the government; and 

3. Has made such a substantial change in position or incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights the property owner has acquired. 

Nothing contained herein shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to F.S. Ch. 380, or who has been issued a final local development order prior to the effective date of this ordinance and development has commenced and is continuing in good faith, as provided by F.S. § 163.3167(5). 

“Final local development order” means construction plans for subdivision improvements, site and development plan approval for other types of development or building permits. 

The Board may adopt administrative procedures to afford due process to persons alleging vested rights. The mere existence of zoning contrary to the Sarasota County Comprehensive Plan shall not be determined to vest rights. 

THE PROPERTY RIGHTS CHAPTER V1-593 To consider private property rights in all local decision-making actions, and to respect people’s rights to participate in decisions that affect their lives and property. pr obj 1.1 Respect Private Property Rights Respect judicially acknowledged and constitutionally protected private property rights. 

PR Policy 1.1 

Consistent with the Sarasota County Comprehensive Plan and County Code, the public is encouraged to participate in decisions that affect their lives and property. 

PR Policy 1.2 

Consistent with HB 59, passed on June 29, 2021, the following rights shall also be considered in local decision making: 

1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. 

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

3. The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property. 

4. The right of a property owner to dispose of his or her property through sale or gift. 

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For comparison, see the 1000 Friends of Florida text of a Property Rights Element they approve of.