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Weekly Legislative Update from April 17, 2015

Property Rights

HB 391- Relating to Location of Utilities
On Tuesday, April 14th, HB 391, relating to Location of Utilities, by Rep. Clay Ingram (R-Pensacola) passed through the House Regulatory Affairs Committee with 16 yeas and 1 nay.

HB 391 will clarify the difference between a Right of Way and an easement and also define which party is financially responsible for the transfer/move in both.

This bill will now head to the House floor for a vote while the Senate companion to this bill SB 896 still has one more committee stop in the Senate Appropriations Committee before heading to the Senate floor for a vote.  AIF’s Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

AIF supports protecting the private property rights of Florida businesses.

SB 284- Relating to Private Property Rights
On Tuesday, April 14th, SB 284, relating to Private Property Rights by Senator Miguel Diaz de la Portilla (R-Miami) unanimously passed through the Senate Appropriations Subcommittee on General Government with 5 yeas and 0 nays.

The US Supreme Court has ruled that a government entity cannot demand that a property owner surrender property in order to receive land use permits unless there is a nexus between the government's demand on the landowner and the effect of the proposed land use. This legislation gives landowners a course of action where local and state governmental entities impose conditions that rise to the level of unconstitutional exactions.  

The bill also amends the Bert J. Harris, Jr., Private Property Rights Protection Act to provide that the safe harbor provisions for settlement agreements between a property owner and governmental entity apply regardless of when the settlement agreement was entered so long as it fully resolves all claims.

SB 284 will now head to its last committee stop in the Senate Appropriations Committee . AIF stood in support of this bill.

AIF supports this measure to protect the interests of Florida property owners.