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FL H0421

Bill

Status

Passed

7/6/2021

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Amends Florida's Bert J. Harris, Jr., Private Property Rights Protection Act (s. 70.001, F.S.) by reducing the pre-suit notice period from 150 days to a uniform 90 days for all property owners before filing an inordinate burden claim against a governmental entity, eliminating the previous separate timeline for agricultural properties.

  • Expands the definition of "real property" to explicitly include surface, subsurface, and mineral estates, and broadens "action of a governmental entity" to encompass acting on applications or permits as well as adopting or enforcing ordinances, regulations, rules, or policies.

  • Allows property owners to retain their entitlement to pursue claims even after relinquishing title to the property, provided they filed a claim before transferring ownership, and gives property owners the option to have a court rather than a jury determine compensation awards.

  • Authorizes property owners to bring actions to declare prohibited governmental exactions invalid (s. 70.45, F.S.) once an exaction is actually imposed or required in writing as a final condition of approval, with the governmental entity bearing the burden of proving an essential nexus to a legitimate public purpose and rough proportionality to proposed impacts.

  • Applies procedural amendments only to claims arising from governmental actions taken on or after July 1, 2021, with an overall effective date of October 1, 2021.

Legislative Description

Relief From Burdens on Real Property Rights

Last Action

Chapter No. 2021-203

7/6/2021

Committee Referrals

Rules4/21/2021
Judiciary4/5/2021
Local Administration and Veterans Affairs Subcommittee3/4/2021
Civil Justice and Property Rights Subcommittee2/8/2021

Full Bill Text

No bill text available