HB 0113 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to private property rights; amending s.
13	70.001, F.S., the “Bert J. Harris, Jr., Private Property
14	Rights Protection Act"; limiting the definition of the
15	term "action of a governmental entity"; providing that the
16	state land planning agency rather than the Department of
17	Legal Affairs shall receive notice of claims; amending
18	procedures for determining a governmental entity’s final
19	decision identifying the allowable uses for a property;
20	providing that enactment of a law or adoption of a
21	regulation does not constitute application of the law or
22	regulation; providing for a prospective limited waiver of
23	sovereign immunity for liability; providing an effective
24	date.
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26	Be It Enacted by the Legislature of the State of Florida:
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28	Section 1. Paragraph (d) of subsection (3), paragraph (b)
29	of subsection (4), paragraph (a) of subsection (5), and
30	subsections (11) and (13) of section 70.001, Florida Statutes,
31	are amended to read:
32	70.001 Private property rights protection.--
33	(3) For purposes of this section:
34	(d) The term "action of a governmental entity" means a
35	specific action of a governmental entity which affects real
36	property, including action on an application or permit. The term
37	does not include action to enforce compliance with uniform laws
38	enacted or regulations adopted to protect public safety, such as
39	building codes and fire codes. In addition, the term does not
40	include action involving the construction, expansion, or
41	maintenance of capital facilities.
42	(4)
43	(b) The governmental entity shall provide written notice
44	of the claim to all parties to any administrative action that
45	gave rise to the claim, and to owners of real property
46	contiguous to the owner's property at the addresses listed on
47	the most recent county tax rolls. Within 15 days after the claim
48	isbeingpresented, the governmental entity shall report the
49	claim in writing to the state land planning agencyDepartment of
50	Legal Affairs, and shall provide the agencydepartmentwith the
51	name, address, and telephone number of the employee of the
52	governmental entity from whom additional information may be
53	obtained about the claim during the pendency of the claim and
54	any subsequent judicial action.
55	(5)(a) During the 180-day-notice period, unless a
56	settlement offer is accepted by the property owner, each of the
57	governmental entities provided notice pursuant to paragraph
58	(4)(a) shall issue a written ripeness decision identifying the
59	allowable uses to which the subject property may be put. The
60	failure of the governmental entity to issue such a written
61	ripeness decision during the 180-day-notice period shall cause
62	be deemed to ripen the prior action of the governmental entity
63	to become its final decision identifying the uses for the
64	subject property. Whether rendered by submission of a written
65	decision during the 180-day-notice period or by failure to
66	submit such a written decision, the final decision of a
67	governmental entity produced under this paragraph operates as a
68	final decision that has been rejected by the property owner.
69	This final decision, and shall operate as a ripeness decision
70	that has been rejected by the property owner. The ripeness
71	decision,as a matter of law, constitutes the last prerequisite
72	to judicial review of the merits, and the matter shall be deemed
73	ripe or finalfor the purposes of the judicial proceeding
74	created by this section, notwithstanding the availability of
75	other administrative remedies.
76	(11) A cause of action may not be commenced under this
77	section if the claim is presented more than 1 year after a law
78	or regulation is first applied by the governmental entity to the
79	property at issue. Enacting a law or adopting a regulation does
80	not constitute applying the law or regulation to a property.If
81	an owner seeks relief from the governmental action through
82	lawfully available administrative or judicial proceedings, the
83	time for bringing an action under this section is tolled until
84	the conclusion of such proceedings.
85	(13) In accordance with s. 13, Art. X of the State
86	Constitution, the state, for itself and for its agencies or
87	subdivisions, prospectively waives sovereign immunity for
88	liability for actions subject to this section, but only to the
89	extent specified in this section.This section does not affect
90	the sovereign immunity of government.
91	Section 2. This act shall take effect January 1, 2004.
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