For the first time since the enactment of the Harris Act in 1995, the Act can apply to temporary impacts to the development of property. See Section 70.001, Florida Statutes, known as the Bert J. Harris, Jr., Private Property Rights Protection Act. Examples of temporary impacts include moratoria, declarations of zoning in progress, and regulations that are subject to a sunset clause.
The 2011 Florida Legislature adopted House Bill 701, which revised the Act to state that:
“a temporary impact on development, as defined in s. 380.04, that is in effect for longer than one year may, depending upon the circumstances, constitute an inordinate burden . . . In determining whether reasonable, investment-backed expectations are inordinately burdened, consideration may be given to the factual circumstances leading to the time elapsed between enactment of the law or regulation and its first application to the subject property.”
The original Act did not allow property owners to file claims based on temporary impacts.
Other changes to the Harris Act made this year include:
- The time frame for local governments to respond to a notice of a potential claim is reduced from 180 to 150 days. The 90 day response time for agricultural property is unchanged.
- Payment of compensation is added to the list of remedies that the local government can provide in response to a notice of claim.
- The governmental response to the notice of a potential claim is renamed from a “ripeness decision” to a “statement of allowable uses.”
- The amendment clarifies that the local government’s failure to respond within the allowed timeframe shall be construed as a denial of relief.
- Claims must be filed within a year of when the regulation is first applied to a property. The Act now specifies that a regulation is “first applied” to a property upon enactment if (a) its impact is clear and unequivocal on its face and (b) the local government chooses to provide mailed notice to the affected property owners advising them of the potential claim. Otherwise, the regulation is first applied when there is a formal denial of a development approval or variance.
- The amendment clarifies that sovereign immunity is waived for claims brought under the Act.
The statutory changes are prospective in nature, and do not apply to Harris Act claims pending as of July 1, 2011.
Author(s): Susan L. Trevarthen
