BILL SUMMARY DETAILS

Florida League of Cities

Governmental Actions Affecting Private Property Rights (Oppose) 

HB 421 (Tuck) amends the Bert J. Harris, Jr., Private Property Rights Protection Act shortening the review period governments have in responding to claims from 150 to 90 days. The bill creates the presumption that certain Bert Harris settlement offers are in the public interest. The bill creates a process by which a property owner can notify a government entity that they believe a new law or regulation imposes a limitation on their property. The government entity would have 45 days to respond in writing describing what limitations are imposed on the property by the new law or regulation. At this point, the Bert Harris claim would be ripe for filing without the property owner being denied an application for development if filed within one year after receiving the response from the government entity. The bill gives the property owner the option to forgo a jury trial and instead have a bench trial. Lastly, the legislation amends the attorney fee provisions of the Bert Harris Act by making them more favorable to the property owner. (Cruz)