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FL H0383

Bill

Status

Passed

6/15/2015

Primary Sponsor

Judiciary Committee

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Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends the definition of "property owner" and "real property" under Florida's Private Property Rights Protection Act to require direct impact by governmental action and limits real property to parcels that are subject of and directly impacted by governmental action.

  • Settlement agreements between property owners and governmental entities apply regardless of when entered, as long as the agreement fully resolves all claims under the act.

  • Creates section 70.45 establishing a cause of action for property owners to recover damages from "prohibited exactions"—conditions imposed by governmental entities lacking essential nexus to legitimate public purpose or not roughly proportionate to impacts of proposed use.

  • Requires property owners to provide written notice 90-180 days after exaction imposition before filing suit, and places burden of proof on governmental entity to demonstrate exaction's validity while property owner must prove damages.

  • Waives state sovereign immunity for prohibited exaction claims, authorizes court awards of attorney fees and costs to prevailing party (mandatory award to property owner if exaction lacks essential nexus), and applies to exactions imposed on or after October 1, 2015.

Legislative Description

Private Property Rights

Last Action

Chapter No. 2015-142

6/15/2015

Committee Referrals

Environmental Preservation and Conservation4/24/2015
Judiciary4/1/2015
Appropriations3/25/2015
Local Government Affairs Subcommittee2/18/2015
Civil Justice Subcommittee1/28/2015

Full Bill Text

No bill text available