House Bill 0659

    Florida House of Representatives - 2000                 HB 659

        By Representatives Alexander, Putnam, Feeney, Albright,
    Stansel, J. Miller, Kilmer, Russell, Tullis, Bense, Dockery,
    Peaden, Argenio, Fasano, Sembler, Bainter, Kelly, Harrington,
    Minton, Futch, K. Smith and Byrd



  1                      A bill to be entitled

  2         An act relating to private property rights

  3         protection; amending s. 70.001, F.S., the "Bert

  4         J. Harris, Jr., Private Property Rights

  5         Protection Act"; including action by a

  6         governmental entity that changes the density,

  7         intensity, or use of areas of development below

  8         the equivalent of one residence per five acres

  9         as an "inordinate burden" that qualifies the

10         property owner for relief under the act;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraphs (d) and (e) of subsection (3) of

16  section 70.001, Florida Statutes, are amended to read:

17         70.001  Private property rights protection.--

18         (3)  For purposes of this section:

19         (d)  The term "action of a governmental entity" means a

20  specific action of a governmental entity which affects real

21  property, including action on an application or permit. The

22  term also includes any action by a governmental entity which

23  decreases or modifies the density, intensity, or use of areas

24  of development below the equivalent of one residence for every

25  five acres.

26         (e)  The terms "inordinate burden" or "inordinately

27  burdened" mean that an action of one or more governmental

28  entities has directly restricted or limited the use of real

29  property such that the property owner is permanently unable to

30  attain the reasonable, investment-backed expectation for the

31  existing use of the real property or a vested right to a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 659

    593-120A-00






  1  specific use of the real property with respect to the real

  2  property as a whole, or that the property owner is left with

  3  existing or vested uses that are unreasonable such that the

  4  property owner bears permanently a disproportionate share of a

  5  burden imposed for the good of the public, which in fairness

  6  should be borne by the public at large. Any action by a

  7  governmental entity which decreases or modifies the density,

  8  intensity, or use of areas of development below the equivalent

  9  of one residence for every five acres qualifies as an

10  inordinate burden. The terms "inordinate burden" or

11  "inordinately burdened" do not include temporary impacts to

12  real property; impacts to real property occasioned by

13  governmental abatement, prohibition, prevention, or

14  remediation of a public nuisance at common law or a noxious

15  use of private property; or impacts to real property caused by

16  an action of a governmental entity taken to grant relief to a

17  property owner under this section.

18         Section 2.  This act shall take effect July 1, 2000.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Includes action by a governmental entity that changes the
23    density, intensity, or use of areas of development below
      the equivalent of one residence per five acres as an
24    "inordinate burden" that qualifies the property owner for
      relief under the "Bert J. Harris, Jr., Private Property
25    Rights Protection Act."

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