HOUSE AMENDMENT Bill No. SB 1164
1	CHAMBER ACTION
2	Senate House
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12	Representative Sorensen offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Paragraph (d) of subsection (3), paragraph (b)
17	of subsection (4), paragraph (a) of subsection (5), and
18	subsections (11) and (13) of section 70.001, Florida Statutes,
19	are amended to read:
20	70.001 Private property rights protection.--
21	(3) For purposes of this section:
22	(d) The term "action of a governmental entity" means a
23	specific action of a governmental entity which affects real
24	property, including action on an application or permit. The term
25	does not include action to enforce compliance with uniform laws
26	enacted or regulations adopted to protect public safety, such as
27	building codes and fire codes. In addition, the term does not
28	include action involving the construction, expansion, or
29	maintenance of capital facilities.
30	(4)
31	(b) The governmental entity shall provide written notice
32	of the claim to all parties to any administrative action that
33	gave rise to the claim, and to owners of real property
34	contiguous to the owner's property at the addresses listed on
35	the most recent county tax rolls. Within 15 days after the claim
36	isbeingpresented, the governmental entity shall report the
37	claim in writing to the state land planning agencyDepartment of
38	Legal Affairs, and shall provide the agencydepartmentwith the
39	name, address, and telephone number of the employee of the
40	governmental entity from whom additional information may be
41	obtained about the claim during the pendency of the claim and
42	any subsequent judicial action.
43	(5)(a) During the 180-day-notice period, unless a
44	settlement offer is accepted by the property owner, each of the
45	governmental entities provided notice pursuant to paragraph
46	(4)(a) shall issue a written ripenessdecision identifying the
47	allowable uses to which the subject property may be put. The
48	failure of the governmental entity to issue such a written
49	ripeness decision during the 180-day-notice period shall cause
50	be deemed to ripen the prior action of the governmental entity
51	to become its final decision identifying the uses for the
52	subject property. Whether rendered by submission of a written
53	decision during the 180-day-notice period or by failure to
54	submit such a written decision, the final decision of a
55	governmental entity produced under this paragraph operates as a
56	final decision that has been rejected by the property owner.
57	This final decision, and shall operate as a ripeness decision
58	that has been rejected by the property owner. The ripeness
59	decision,as a matter of law, constitutes the last prerequisite
60	to judicial review of the merits, and the matter shall be deemed
61	ripe or finalfor the purposes of the judicial proceeding
62	created by this section, notwithstanding the availability of
63	other administrative remedies.
64	(11) A cause of action may not be commenced under this
65	section if the claim is presented more than 1 year after a law
66	or regulation is first applied by the governmental entity to the
67	property at issue. Enacting a law or adopting a regulation does
68	not constitute applying the law or regulation to a property.If
69	an owner seeks relief from the governmental action through
70	lawfully available administrative or judicial proceedings, the
71	time for bringing an action under this section is tolled until
72	the conclusion of such proceedings.
73	(13) In accordance with s. 13, Art. X of the State
74	Constitution, the state, for itself and for its agencies or
75	subdivisions, prospectively waives sovereign immunity for
76	liability for actions subject to this section, but only to the
77	extent specified in this section.This section does not affect
78	the sovereign immunity of government.
79	Section 2. Private property rights and regional
80	reservoirs.--
81	(1) The Legislature finds that construction of a regional
82	reservoir designed to store more than 10 billion gallons of
83	water may inordinately burden nearby real property because of
84	the proximity of the reservoir and may result in a loss of value
85	for the property owner. Therefore, a regional water supply
86	authority, serving three or fewer counties, that is authorized
87	to construct, operate, and maintain such a regional reservoir
88	shall be deemed a governmental entity under s. 70.001, Florida
89	Statutes, the Bert J. Harris, Jr., Private Property Rights
90	Protection Act, for purposes of this section.
91	(2) This section provides a cause of action for the
92	actions of a regional water supply authority, in siting and
93	constructing a reservoir as described in subsection (1), that
94	may not rise to the level of a taking under the State
95	Constitution or the United States Constitution. This section may
96	not necessarily be construed under the case law regarding
97	takings if the action of a regional water supply authority does
98	not rise to the level of a taking. The provisions of this
99	section are cumulative and do not abrogate any other remedy
100	lawfully available, including any remedy lawfully available for
101	the actions of a regional water supply authority that rise to
102	the level of a taking. However, a regional water supply
103	authority may not be liable more than once for compensation due
104	to an action of the regional water supply authority that results
105	in a loss of value for a subject real property.
106	(3) Each owner of real property located within 10,000 feet
107	of the center of the footprint of a regional reservoir, as
108	described in subsection (1), or 5,500 feet from the exterior of
109	the berm of such reservoir, may present a claim for compensation
110	in writing to the head of the regional water supply authority on
111	or before December 31, 2004, for a loss in property value
112	resulting from the proximity of the reservoir. For each claim
113	presented under this section, s. 70.001, Florida Statutes,
114	applies, except that when there is conflict with this section,
115	the provisions of this section shall govern.
116	(a) The property owner must submit along with the claim a
117	bona fide, valid appraisal that supports the claim and
118	demonstrates the loss in fair market value to the real property.
119	(b) A claim under this section shall be presented only to
120	the regional water supply authority that is authorized to
121	construct, operate, and maintain the reservoir.
122	(4) The Legislature recognizes that construction and
123	maintenance of a regional reservoir may not necessarily
124	interfere with allowable uses of real property near the
125	reservoir. However, the siting and construction of the reservoir
126	may result in an actual loss to the fair market value of real
127	property located within 10,000 feet of the center of the
128	footprint of the reservoir, or 5,500 feet from the exterior of
129	the berm, because of the proximity of the reservoir. Therefore,
130	any offer of compensation by the regional water supply authority
131	shall be based solely on the loss of value for the property
132	owner as a result of the proximity of the reservoir and not on
133	the effects the reservoir has on existing uses or on a vested
134	right to a specific use of real property.
135	(a) Notwithstanding s. 70.001, Florida Statutes, the
136	regional water supply authority to whom a claim is presented
137	shall, not later than 180 days after receiving such claim:
138	1. Make a written offer to purchase the real property if
139	there is more than a 50-percent loss in value to the real
140	property as a result of the proximity of the reservoir and if
141	the property owner is a willing seller;
142	2. Make a written offer to purchase an interest in rights
143	of use which may become transferable development rights to be
144	held, sold, or otherwise disposed of by the regional water
145	supply authority; or
146	3. Terminate negotiations.
147	(b) An offer by the regional water supply authority to
148	purchase the property in fee or purchase an interest in rights
149	of use under this section shall cover the cost of the appraisal
150	required in subsection (3).
151	(5) During the 180-day period, unless the property owner
152	accepts a written offer for purchase pursuant to subparagraph
153	(4)(a)1. or subparagraph (4)(a)2., the regional water supply
154	authority shall issue a final decision stating that:
155	(a) The real property has a loss in value due to an
156	inordinate burden on the property resulting from the proximity
157	of the reservoir and the regional water supply authority and
158	property owner cannot reach an agreement on the amount of
159	compensation; or
160	(b) The property owner has failed to establish a basis for
161	relief under the provisions of this section and s. 70.001,
162	Florida Statutes.
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164	Failure of the regional water supply authority to issue a final
165	decision as required by this subsection shall cause the written
166	offer or termination of negotiations required in subsection (4)
167	to operate as a final decision. As a matter of law, this final
168	decision constitutes the last prerequisite to judicial review of
169	the merits for the purposes of the judicial proceeding provided
170	for in s. 70.001, Florida Statutes.
171	(6) The circuit court, for purposes of this section, shall
172	determine whether, considering the written offer and final
173	decision, the regional water supply authority has inordinately
174	burdened the subject real property. Following a determination
175	that the regional water supply authority has inordinately
176	burdened the real property, the court shall impanel a jury to
177	determine the total amount of compensation to the property owner
178	for the loss in value due to the inordinate burden to the
179	subject real property.
180	(7) Pursuant to s. 70.001, Florida Statutes, the court may
181	award reasonable costs and attorney's fees and the court shall
182	determine the amount. If the court awards the property owner
183	reasonable costs and attorney's fees, the costs shall include
184	the cost of the appraisal required in subsection (3).
185	(8) This section is repealed effective January 1, 2005.
186	However, the repeal of this section shall not affect a claim
187	filed on or before December 31, 2004.
188	Section 3. If any provision of this act or the application
189	thereof to any person or circumstance is held invalid, the
190	invalidity does not affect other provisions or applications of
191	this act which can be given effect without the invalid provision
192	or application, and to this end the provisions of this act are
193	declared severable.
194	Section 4. This act shall take effect January 1, 2004.
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197	================= T I T L E A M E N D M E N T =================
198	On page 1, lines 2-28,
199	Remove all of said lines
200
201	and insert:
202	An act relating to private property rights; amending s.
203	70.001, F.S., the “Bert J. Harris, Jr., Private Property
204	Rights Protection Act"; limiting the definition of the
205	term "action of a governmental entity"; providing that the
206	state land planning agency rather than the Department of
207	Legal Affairs shall receive notice of claims; amending
208	procedures for determining a governmental entity’s final
209	decision identifying the allowable uses for a property;
210	providing that enactment of a law or adoption of a
211	regulation does not constitute application of the law or
212	regulation; providing for a prospective limited waiver of
213	sovereign immunity for liability; providing legislative
214	findings with respect to loss of property values due to
215	the proximity of a regional water reservoir; authorizing a
216	cause of action for a property owner; specifying a period
217	during which a property owner may present a claim for
218	compensation to the regional water supply authority that
219	constructs, operates, and maintains the reservoir;
220	providing requirements for the offer of compensation by a
221	regional water supply authority; providing for judicial
222	review under the Bert J. Harris, Jr., Private Property
223	Rights Protection Act; providing for an award of costs and
224	attorney's fees; providing for future repeal of the
225	section; providing an effective date.
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