HOUSE AMENDMENT Bill No. SB 1164
1	CHAMBER ACTION
2	Senate House
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12	Representative Kottkamp offered the following:
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14	Substitute Amendment for Amendment (228877) (with title
15	amendment)
16	Remove everything after the enacting clause, and insert:
17	Section 1. Paragraph (d) of subsection (3), paragraph (b)
18	of subsection (4), paragraph (a) of subsection (5), and
19	subsections (11) and (13) of section 70.001, Florida Statutes,
20	are amended to read:
21	70.001 Private property rights protection.--
22	(3) For purposes of this section:
23	(d) The term "action of a governmental entity" means a
24	specific action of a governmental entity which affects real
25	property, including action on an application or permit. The term
26	does not include action to enforce compliance with uniform laws
27	enacted or regulations adopted to protect public safety, such as
28	building codes and fire codes. In addition, the term does not
29	include action involving the construction, expansion, or
30	maintenance of capital facilities.
31	(4)
32	(b) The governmental entity shall provide written notice
33	of the claim to all parties to any administrative action that
34	gave rise to the claim, and to owners of real property
35	contiguous to the owner's property at the addresses listed on
36	the most recent county tax rolls. Within 15 days after the claim
37	isbeingpresented, the governmental entity shall report the
38	claim in writing to the state land planning agencyDepartment of
39	Legal Affairs, and shall provide the agencydepartmentwith the
40	name, address, and telephone number of the employee of the
41	governmental entity from whom additional information may be
42	obtained about the claim during the pendency of the claim and
43	any subsequent judicial action.
44	(5)(a) During the 180-day-notice period, unless a
45	settlement offer is accepted by the property owner, each of the
46	governmental entities provided notice pursuant to paragraph
47	(4)(a) shall issue a written ripenessdecision identifying the
48	allowable uses to which the subject property may be put. The
49	failure of the governmental entity to issue such a written
50	ripeness decision during the 180-day-notice period shall cause
51	be deemed to ripen the prior action of the governmental entity
52	to become its final decision identifying the uses for the
53	subject property. Whether rendered by submission of a written
54	decision during the 180-day-notice period or by failure to
55	submit such a written decision, the final decision of a
56	governmental entity produced under this paragraph operates as a
57	final decision that has been rejected by the property owner.
58	This final decision, and shall operate as a ripeness decision
59	that has been rejected by the property owner. The ripeness
60	decision,as a matter of law, constitutes the last prerequisite
61	to judicial review of the merits, and the matter shall be deemed
62	ripe or finalfor the purposes of the judicial proceeding
63	created by this section, notwithstanding the availability of
64	other administrative remedies.
65	(11) A cause of action may not be commenced under this
66	section if the claim is presented more than 1 year after a law
67	or regulation is first applied by the governmental entity to the
68	property at issue. Enacting a law or adopting a regulation does
69	not constitute applying the law or regulation to a property.If
70	an owner seeks relief from the governmental action through
71	lawfully available administrative or judicial proceedings, the
72	time for bringing an action under this section is tolled until
73	the conclusion of such proceedings.
74	(13) In accordance with s. 13, Art. X of the State
75	Constitution, the state, for itself and for its agencies or
76	subdivisions, waives sovereign immunity for liability for
77	actions subject to this section, but only to the extent
78	specified in this section.This section does not affect the
79	sovereign immunity of government.
80	Section 2. If any provision of this act or the application
81	thereof to any person or circumstance is held invalid, the
82	invalidity does not affect other provisions or applications of
83	this act which can be given effect without the invalid provision
84	or application, and to this end the provisions of this act are
85	declared severable.
86	Section 3. This act shall take effect July 1, 2003, and
87	shall not operate to affect any litigation or claim brought
88	under section 70.001, Florida Statutes, which is pending on the
89	date this act becomes a law.
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92	================= T I T L E A M E N D M E N T =================
93	Remove the entire title, and insert:
94	A bill to be entitled
95	An act relating to private property rights; amending s.
96	70.001, F.S., the “Bert J. Harris, Jr., Private Property
97	Rights Protection Act"; limiting the definition of the
98	term "action of a governmental entity"; providing that the
99	state land planning agency rather than the Department of
100	Legal Affairs shall receive notice of claims; amending
101	procedures for determining a governmental entity’s final
102	decision identifying the allowable uses for a property;
103	providing that enactment of a law or adoption of a
104	regulation does not constitute application of the law or
105	regulation; providing for a limited waiver of sovereign
106	immunity for liability; providing an effective date.