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Weekly Legislative Update from April 24, 2015

Property Rights

HB 383- Relating to Private Property Rights
On Friday, April 24th, HB 383, relating to Private Property Rights, by Rep. Katie Edwards (D-Sunrise) passed through the House floor with 113 yeas and 1 nay.

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 the right to sue government entities for damages 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.

HB 383 will now be referred to the Senate Environmental Preservation and Conservation Committee, Senate Appropriations Subcommittee on General Government, and the Senate Appropriations Committee.

SB 284- Relating to Private Property Rights
On Tuesday, April 21st, the Senate version of HB 383, SB 284, relating to Private Property Rights by Senator Miguel Diaz de la Portilla (R-Miami) passed through the Senate Appropriations Committee with 17 yeas and 2 nays.

SB 284 will now head to the Senate floor for a vote. AIF stood in support of this bill.

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

HB 391- Relating to Location of Utilities
On Friday, April 24th, HB 391, relating to Location of Utilities, by Rep. Clay Ingram (R-Pensacola) passed through the House floor with 110 yeas and 5 nays.

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 Senate floor for a vote while the Senate companion bill, SB 896, is waiting to be heard by the Senate Appropriations Committee.

AIF supports protecting the private property rights of Florida businesses.