HB 0113 2003
1	A bill to be entitled
2	An act relating to private property rights; amending s.
3	70.001, F.S.; redefining the term “action of a
4	governmental entity”; revising language with respect to
5	the final decision of a governmental entity identifying
6	the allowable uses for certain property; providing
7	language with respect to the first application of a law or
8	regulation that alters the density, intensity, or use of
9	certain property; providing a waiver of sovereign
10	immunity; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Paragraph (d) of subsection (3), paragraph (a)
15	of subsection (5), and subsections (11) and (13) of section
16	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, but not limited to, the adoption of any
22	regulation that alters the density, intensity, or use of the
23	owner’s property and anyaction on an application or permit.
24	(5)(a) During the 180-day-notice period, unless a
25	settlement offer is accepted by the property owner, each of the
26	governmental entities provided notice pursuant to paragraph
27	(4)(a) shall issue a writtenripenessdecision identifying the
28	allowable uses to which the subject property may be put. The
29	failure of the governmental entity to issuesaidawritten
30	ripenessdecision during the 180-day-notice period shallcause
31	be deemed to ripenthe prior action of the governmental entity
32	to become its final decision identifying the allowable uses for
33	the subject property. Whether rendered by submission of a
34	written decision during the 180-day-notice period or by failure
35	to submit said written decision, the final decision of a
36	governmental entity or entities produced by this paragraph
37	shall,and shall operate as a ripeness decision that has been
38	rejected by the property owner. The ripeness decision,as a
39	matter of law,constituteconstitutesthe last prerequisite to
40	judicial reviewof the merits, and the matter shall be deemed
41	ripe or finalfor the purposes of the judicial proceeding
42	created by this section, notwithstanding the availability of
43	other administrative remedies.
44	(11)(a)A cause of action may not be commenced under this
45	section if the claim is presented more than 1 year after a law
46	or regulation is first applied by the governmental entity to the
47	property at issue.
48	(b) For the purposes of this section, a law or regulation
49	that alters the density, intensity, or use of the owner’s
50	property is first applied to the property upon adoption of such
51	law or regulation if actual notice, as described in s.
52	125.66(4)(a), is given to the property owner. Where actual
53	notice is not provided, the law or regulation is first applied
54	when a specific action of the governmental entity affects the
55	owner’s parcel of real property.
56	(c)If an owner seeks relief, including development
57	approval or a variance from a law or regulation that alters the
58	density, intensity, or use of the owner’s property,from the
59	governmental action through lawfully available administrative or
60	judicial proceedings, the time for bringing an action under this
61	section is tolled until the conclusion of such proceedings.
62	(13)In accordance with s. 13, Art. X of the State
63	Constitution, the state, for itself and for its agencies or
64	subdivisions, waives sovereign immunity for liability to the
65	extent specified in this act. This provision shall be applied
66	retroactively to May 11, 1995.This section does not affect the
67	sovereign immunity of government.
68	Section 2. This act shall take effect upon becoming a law.
69