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FL H0383
Bill
Status
6/15/2015
Primary Sponsor
Judiciary Committee
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AI Summary
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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.
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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.
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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.
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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.
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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