HB 0113 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to property rights; amending s. 70.001,
12	F.S., the "Bert J. Harris, Jr., Private Property Rights
13	Protection Act"; providing for the state land planning
14	agency to receive notice of claims; amending procedures
15	for determining a governmental entity's final decision
16	identifying the allowable uses for a property; providing
17	that enactment of a law or adoption of a regulation does
18	not constitute applying the law or regulation; providing
19	for a waiver of sovereign immunity for liability;
20	providing legislative findings with respect to loss of
21	property values due to the proximity of a regional water
22	reservoir; authorizing a cause of action for a property
23	owner; specifying a period during which a property owner
24	may present a claim for compensation to the regional water
25	supply authority that constructs, operates, and maintains
26	the reservoir; providing requirements for the offer of
27	compensation by a regional water supply authority;
28	providing for judicial review under the Bert J. Harris,
29	Jr., Private Property Rights Protection Act; providing for
30	an award of costs and attorney's fees; providing for
31	future repeal of the section; providing severability;
32	providing an effective date.
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34	WHEREAS, the Legislature wishes to clarify its original
35	intent with respect to allowing appropriate compensation for
36	unduly burdened real property and to provide a waiver of
37	sovereign immunity under section 70.001, Florida Statutes, the
38	Bert J. Harris, Jr., Private Property Rights Protection Act, and
39	WHEREAS, the Legislature wishes to make other changes to
40	clarify provisions of this act and to improve the reporting of
41	cases filed under the act, NOW, THEREFORE,
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43	Be It Enacted by the Legislature of the State of Florida:
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45	Section 1. Paragraph (b) of subsection (4), paragraph (a)
46	of subsection (5), and subsections (11) and (13) of section
47	70.001, Florida Statutes, are amended to read:
48	70.001 Private property rights protection.--
49	(4)
50	(b) The governmental entity shall provide written notice
51	of the claim to all parties to any administrative action that
52	gave rise to the claim, and to owners of real property
53	contiguous to the owner's property at the addresses listed on
54	the most recent county tax rolls. Within 15 days after the claim
55	isbeingpresented, the governmental entity shall report the
56	claim in writing to the state land planning agencyDepartment of
57	Legal Affairs, and shall provide the agencydepartmentwith the
58	name, address, and telephone number of the employee of the
59	governmental entity from whom additional information may be
60	obtained about the claim during the pendency of the claim and
61	any subsequent judicial action.
62	(5)(a) During the 180-day-notice period, unless a
63	settlement offer is accepted by the property owner, each of the
64	governmental entities provided notice pursuant to paragraph
65	(4)(a) shall issue a written ripenessdecision identifying the
66	allowable uses to which the subject property may be put. The
67	failure of the governmental entity to issue such a written
68	ripeness decision during the 180-day-notice period shall cause
69	be deemed to ripen the prior action of the governmental entity
70	to become its final decision, for purposes of the act,
71	identifying the uses for the subject property, and shall operate
72	as a ripeness decision that has been rejected by the property
73	owner. Whether rendered by submission of a written decision
74	during the 180-day-notice period or by failure to submit such a
75	written decision, the final decision of a governmental entity
76	produced under this paragraph operates as a final decision that
77	has been rejected by the property owner. This final decisionThe
78	ripeness decision, as a matter of law, constitutes the last
79	prerequisite to judicial review of the merits, and the matter
80	shall be deemed ripe or finalfor the purposes of the judicial
81	proceeding created by this section, notwithstanding the
82	availability of other administrative remedies.
83	(11) A cause of action may not be commenced under this
84	section if the claim is presented more than 1 year after a law
85	or regulation is first applied by the governmental entity to the
86	property at issue. Enacting a law or adopting a regulation does
87	not constitute applying the law or regulation to a property.If
88	an owner seeks relief from the governmental action through
89	lawfully available administrative or judicial proceedings, the
90	time for bringing an action under this section is tolled until
91	the conclusion of such proceedings.
92	(13) In accordance with s. 13, Art. X of the State
93	Constitution, the state, for itself and for its agencies or
94	subdivisions, waives sovereign immunity for liability for
95	actions subject to this section, but only to the extent
96	specified in this section.This section does not affect the
97	sovereign immunity of government.
98	Section 2. Private property rights and regional
99	reservoirs.--
100	(1) The Legislature finds that construction of a regional
101	reservoir designed to store more than 10 billion gallons of
102	water may inordinately burden nearby real property because of
103	the proximity of the reservoir and may result in a loss of value
104	for the property owner. Therefore, a regional water supply
105	authority, serving three or fewer counties, that is authorized
106	to construct, operate, and maintain such a regional reservoir
107	shall be deemed a governmental entity under s. 70.001, Florida
108	Statutes, the Bert J. Harris, Jr., Private Property Rights
109	Protection Act, for purposes of this section.
110	(2) This section provides a cause of action for the
111	actions of a regional water supply authority, in siting and
112	constructing a reservoir as described in subsection (1), that
113	may not rise to the level of a taking under the State
114	Constitution or the United States Constitution. This section may
115	not necessarily be construed under the case law regarding
116	takings if the action of a regional water supply authority does
117	not rise to the level of a taking. The provisions of this
118	section are cumulative and do not abrogate any other remedy
119	lawfully available, including any remedy lawfully available for
120	the actions of a regional water supply authority that rise to
121	the level of a taking. However, a regional water supply
122	authority may not be liable more than once for compensation due
123	to an action of the regional water supply authority that results
124	in a loss of value for a subject real property.
125	(3) Each owner of real property located within 10,000 feet
126	of the center of the footprint of a regional reservoir, as
127	described in subsection (1), or 5,500 feet from the exterior of
128	the berm of such reservoir, may present a claim for compensation
129	in writing to the head of the regional water supply authority on
130	or before December 31, 2004, for a loss in property value
131	resulting from the proximity of the reservoir. For each claim
132	presented under this section, s. 70.001, Florida Statutes,
133	applies, except that when there is conflict with this section,
134	the provisions of this section shall govern.
135	(a) The property owner must submit along with the claim a
136	bona fide, valid appraisal that supports the claim and
137	demonstrates the loss in fair market value to the real property.
138	(b) A claim under this section shall be presented only to
139	the regional water supply authority that is authorized to
140	construct, operate, and maintain the reservoir.
141	(4) The Legislature recognizes that construction and
142	maintenance of a regional reservoir may not necessarily
143	interfere with allowable uses of real property near the
144	reservoir. However, the siting and construction of the reservoir
145	may result in an actual loss to the fair market value of real
146	property located within 10,000 feet of the center of the
147	footprint of the reservoir, or 5,500 feet from the exterior of
148	the berm, because of the proximity of the reservoir. Therefore,
149	any offer of compensation by the regional water supply authority
150	shall be based solely on the loss of value for the property
151	owner as a result of the proximity of the reservoir and not on
152	the effects the reservoir has on existing uses or on a vested
153	right to a specific use of real property.
154	(a) Notwithstanding s. 70.001, Florida Statutes, the
155	regional water supply authority to whom a claim is presented
156	shall, not later than 180 days after receiving such claim:
157	1. Make a written offer to purchase the real property if
158	there is more than a 50-percent loss in value to the real
159	property as a result of the proximity of the reservoir and if
160	the property owner is a willing seller;
161	2. Make a written offer to purchase an interest in rights
162	of use which may become transferable development rights to be
163	held, sold, or otherwise disposed of by the regional water
164	supply authority; or
165	3. Terminate negotiations.
166	(b) An offer by the regional water supply authority to
167	purchase the property in fee or purchase an interest in rights
168	of use under this section shall cover the cost of the appraisal
169	required in subsection (3).
170	(5) During the 180-day period, unless the property owner
171	accepts a written offer for purchase pursuant to subparagraph
172	(4)(a)1. or subparagraph (4)(a)2., the regional water supply
173	authority shall issue a final decision stating that:
174	(a) The real property has a loss in value due to an
175	inordinate burden on the property resulting from the proximity
176	of the reservoir and the regional water supply authority and
177	property owner cannot reach an agreement on the amount of
178	compensation; or
179	(b) The property owner has failed to establish a basis for
180	relief under the provisions of this section and s. 70.001,
181	Florida Statutes.
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183	Failure of the regional water supply authority to issue a final
184	decision as required by this subsection shall cause the written
185	offer or termination of negotiations required in subsection (4)
186	to operate as a final decision. As a matter of law, this final
187	decision constitutes the last prerequisite to judicial review of
188	the merits for the purposes of the judicial proceeding provided
189	for in s. 70.001, Florida Statutes.
190	(6) The circuit court, for purposes of this section, shall
191	determine whether, considering the written offer and final
192	decision, the regional water supply authority has inordinately
193	burdened the subject real property. Following a determination
194	that the regional water supply authority has inordinately
195	burdened the real property, the court shall impanel a jury to
196	determine the total amount of compensation to the property owner
197	for the loss in value due to the inordinate burden to the
198	subject real property.
199	(7) Pursuant to s. 70.001, Florida Statutes, the court may
200	award reasonable costs and attorney's fees and the court shall
201	determine the amount. If the court awards the property owner
202	reasonable costs and attorney's fees, the costs shall include
203	the cost of the appraisal required in subsection (3).
204	(8) This section is repealed effective January 1, 2005.
205	However, the repeal of this section shall not affect a claim
206	filed on or before December 31, 2004.
207	Section 3. If any provision of this act or the application
208	thereof to any person or circumstance is held invalid, the
209	invalidity does not affect other provisions or applications of
210	this act which can be given effect without the invalid provision
211	or application, and to this end the provisions of this act are
212	declared severable.
213	Section 4. This act shall take effect July 1, 2003.
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