SB 1766 — Growth Management

Florida Senate - 2020 CS for SB 1766 By Senatorthe LeeCommittee 20-00931C-20on 20201766__Judiciary; A bill to be entitled An act relating to growth management;

and Senators Lee and Perry 590-03113-20 20201766c1 A bill to be entitled An act relating to growth management;

revising legislative intent;

creating a presumption that certain settlements of claims apply to all similarly situated residential properties within a political subdivision under certain circumstances;

specifying when properties are considered similarly situated;

2924 Be It Enacted by the Legislature of the State of Florida:

3126 Section 1. Subsections (1), (4), (5), and (6) and paragraph (a) of subsection (11) of section 70.001, Florida Statutes, are amended to read:

70.001 Private property rights protection.— (1) This(4)(a) Not actless maythan be90 cited150 asdays before prior to filing an action under this section against a governmental entity, a property owner who seeks compensation under this section must present the “Bertclaim J.in writing to the head of the governmental entity, except that if the property is classified as agricultural pursuant to s.

Harris, Jr., Private Property Rights Protection Act.” The Legislature recognizes that some laws, regulations, and ordinances of the state and political entities in the state, as applied, may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution.

The Legislature determines that there is an important state interest in protecting the interests of private property owners from such inordinate burdens.

The Legislature further recognizes that it is in the public interest to ensure that all similarly situated residential properties are subject to the same rules and regulations.

Therefore, it is the intent of the Legislature that, as a separate and distinct cause of action from the law of takings, the Legislature herein provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.

(4)(a) Not less than 90 150 days before prior to filing an action under this section against a governmental entity, a property owner who seeks compensation under this section must present the claim in writing to the head of the governmental entity, except that if the property is classified as agricultural pursuant to s.

10381 If the property owner accepts a settlement offer, either before or after filing an action, the governmental entity may implement the settlement offer by appropriate development agreement;

3. When109 aThis residentialparagraph propertyapplies ownerto submitsany asettlement claimreached underbetween this section which is based on a governmentalproperty entity’sowner applicationand of a regulation or ordinance to more than one residential parcel, and the governmental entity reachesregardless a settlement of suchwhen claim or the propertysettlement owneragreement secureswas aentered judgmentso declaringlong an inordinate burden under paragraph (6)(a), there shall be a presumption, rebuttable only by clear and convincing evidence, that similarly situated residential parcels, as evaluatedthe onagreement afully parcel-by-parcelresolves basis,all haveclaims beenasserted inordinatelyunder burdenedthis andsection. are entitled to equivalent terms of settlement or a judicial determination of an inordinate burden.

In such cases, the similarly situated residential property owners must submit the appraisal specified in paragraph (a) not less than 120 days before a trial on the merits of the damages portion of the proceedings pursuant to paragraph (6)(b).

During the 90-day-notice period of such claims, the governmental entity shall negotiate terms of settlement consistent with settlement agreements for similarly situated residential parcels.

For the purposes of this subparagraph, properties are similarly situated only if improvements authorized under zoning code and use restrictions have been constructed on the property and the governing body has issued a certificate of occupancy and if the properties are proximate in location and are subject to identical zoning code and use restrictions.

155 This paragraph applies to any settlement reached between a property owner and a governmental entity regardless of when the settlement agreement was entered so long as the agreement fully resolves all claims asserted under this section.