HB 383- Relating to Private Property Rights
On Monday, April 27th, HB 383, relating to Private Property Rights, by Rep. Katie Edwards (D-Sunrise) was heard on the Senate floor and substituted for its senate companion bill SB 284. After this action, HB 383 was read for a third time and then passed through the Senate floor with 36 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 remains alive and will now head to the desk of Governor Rick Scott to be signed into law.

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