SB 1766 – Relating to Growth Management

On Monday, February 10, SB 1766 by Senator Tom Lee (R-Brandon) was heard by the Senate Community Affairs Committee and was reported favorable with 5 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this legislation.

The Bert J. Harris, Jr., Private Property Rights Protection Act provides a cause of action for relief or compensation when a law, rule, regulation, or ordinance inordinately burdens real property without amounting to a taking. An action of a governmental entity is an inordinate burden if it directly restricts or limits the use of real property in a way that permanently prevents the owner from attaining the reasonable, investment-backed expectation for the existing use of the property or to a specific use of the property.

The bill makes these changes to the Bert Harris Act:

• Entitles property owners to compensation or other relief when an owner of a similarly situated residential property has become entitled to relief due to the same regulation or ordinance.
• Shortens the pre-suit process that is a prerequisite to a lawsuit under the Bert Harris Act from 150 to 90 days.
• Establishes a presumption that a settlement offer made by a governmental entity during the pre-suit process protects the public interest.
• Gives a property owner the option of having compensation for an inordinate burden determined by a judge, instead of a jury as under current law.
• Allows a property owner to forego an application for a permit or other relief as a prerequisite to making a Bert Harris claim if a governmental entity acknowledges that a law or regulation limits the uses of the property.

SB 1870 will now move to the Senate Banking and Insurance Committee.

AIF supports private property rights which create a prosperous business climate in Florida.