Senate Bill sb1164c1

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    Florida Senate - 2003                           CS for SB 1164

    By the Committee on Comprehensive Planning; and Senators
    Pruitt and Geller




    316-2107-03

  1                      A bill to be entitled

  2         An act relating to property rights; amending s.

  3         70.001, F.S., the "Bert J. Harris, Jr., Private

  4         Property Rights Protection Act"; providing for

  5         the state land planning agency to receive

  6         notice of claims; amending procedures for

  7         determining a governmental entity's final

  8         decision identifying the allowable uses for a

  9         property; providing that enactment of a law or

10         adoption of a regulation does not constitute

11         applying the law or regulation; providing for a

12         waiver of sovereign immunity for liability;

13         providing an effective date.

14  

15         WHEREAS, the Legislature wishes to clarify its original

16  intent with respect to allowing appropriate compensation for

17  unduly burdened real property and to provide a waiver of

18  sovereign immunity under section 70.001, Florida Statutes, the

19  Bert J. Harris, Jr., Private Property Rights Protection Act,

20  and

21         WHEREAS, the Legislature wishes to make other changes

22  to clarify provisions of this act and to improve the reporting

23  of cases filed under the act, NOW, THEREFORE,

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Paragraph (b) of subsection (4), paragraph

28  (a) of subsection (5), and subsections (11) and (13) of

29  section 70.001, Florida Statutes, are amended to read:

30         70.001  Private property rights protection.--

31         (4)

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    Florida Senate - 2003                           CS for SB 1164
    316-2107-03




 1         (b)  The governmental entity shall provide written

 2  notice of the claim to all parties to any administrative

 3  action that gave rise to the claim, and to owners of real

 4  property contiguous to the owner's property at the addresses

 5  listed on the most recent county tax rolls.  Within 15 days

 6  after the claim is being presented, the governmental entity

 7  shall report the claim in writing to the state land planning

 8  agency Department of Legal Affairs, and shall provide the

 9  agency department with the name, address, and telephone number

10  of the employee of the governmental entity from whom

11  additional information may be obtained about the claim during

12  the pendency of the claim and any subsequent judicial action.

13         (5)(a)  During the 180-day-notice period, unless a

14  settlement offer is accepted by the property owner, each of

15  the governmental entities provided notice pursuant to

16  paragraph (4)(a) shall issue a written ripeness decision

17  identifying the allowable uses to which the subject property

18  may be put.  The failure of the governmental entity to issue

19  such a written ripeness decision during the 180-day-notice

20  period shall cause be deemed to ripen the prior action of the

21  governmental entity to become its final decision identifying

22  the uses for the subject property, and shall operate as a

23  ripeness decision that has been rejected by the property

24  owner. Whether rendered by submission of a written decision

25  during the 180-day-notice period or by failure to submit such

26  a written decision, the final decision of a governmental

27  entity produced under this paragraph operates as a final

28  decision that has been rejected by the property owner. This

29  final decision The ripeness decision, as a matter of law,

30  constitutes the last prerequisite to judicial review of the

31  merits, and the matter shall be deemed ripe or final for the

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    Florida Senate - 2003                           CS for SB 1164
    316-2107-03




 1  purposes of the judicial proceeding created by this section,

 2  notwithstanding the availability of other administrative

 3  remedies.

 4         (11)  A cause of action may not be commenced under this

 5  section if the claim is presented more than 1 year after a law

 6  or regulation is first applied by the governmental entity to

 7  the property at issue. Enacting a law or adopting a regulation

 8  does not constitute applying the law or regulation to a

 9  property. If an owner seeks relief from the governmental

10  action through lawfully available administrative or judicial

11  proceedings, the time for bringing an action under this

12  section is tolled until the conclusion of such proceedings.

13         (13)  In accordance with s. 13, Art. X of the State

14  Constitution, the state, for itself and for its agencies or

15  subdivisions, waives sovereign immunity for liability for

16  actions subject to this section, but only to the extent

17  specified in this section. This section does not affect the

18  sovereign immunity of government.

19         Section 2.  This act shall take effect July 1, 2003.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 1164

23                                 

24  The committee substitute removes language retroactively
    applying a waiver of sovereign immunity for actions brought
25  under s. 70.001, F.S. It also deletes preamble language
    expressing the Legislature's intent to clarify the waiver of
26  sovereign immunity and retroactively apply the waiver. This
    committee substitute adds preamble language stating the
27  Legislature's intent to allow appropriate compensation for
    unduly burdened real property and to provide a waiver of
28  sovereign immunity.

29  

30  

31  

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