Bills have been filed in both chambers (HB 701-Eisnaugle and SB 998-Simmons) which propose significant changes to the Bert J. Harris Private Property Rights Protection Act (s. 70.001 F.S.). Among other things, the bills would:
- Provide that moratoria greater than one year may constitute an “inordinate burden” giving rise to a claim;
- Reduce from 180 to 120 days prior to filing an action that a property owner must submit the claim to the local government;
- Provide that “enacting” an ordinance does not constitute “applying” it to the property. This provision could result in an indefinite period of time for claims to be filed, with the risk of liability long after the adoption of an ordinance; and
- waive sovereign immunity.
The bill as drafted could seriously impact county governments, with unlimited claim periods and liabilities. Further, with a shorter period of time with which to settle disputes, one could expect more claims to end up in litigation.
FAC, along with the FLC and several municipal representatives, will continue to work with sponsors, proponents and legal counsel to reduce the potential for adverse consequences for local government. We are currently working on revised language to address the first three issues, while maintaining an open dialogue on the issue of sovereign immunity.
On Monday, the Senate bill was recommended favorably by the Community Affairs Committee and has now moved on to the Judiciary Committee. The House bill is now in the Community and Military Affairs Subcommittee, its first committee of reference.
This is a very important issue that has FAC’s full attention as it moves through the process.
For more information or questions please contact FAC environmental advocate Stephen James .
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