Harris Act Legislation Takes Shape
Posted on 03 | 17 | 2008
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As posted back in January, Tallahassee lawmakers are now moving forward with legislation which would provide needed strength and clarification to the Bert J. Harris, Jr., Private Property Rights Protection Act. Identical versions of the bill were filed in both the House and Senate. House Bill 881 was filed on February 8, 2008 by co-sponsors Representative Stephen L. Precourt and Representative Dean Cannon, with the Senate version filed two days before by Senator Carey Baker. Both bills have been referred to committee with the House Bill receiving a first reading March 4, 2008. In addition to a number of technical corrections, key revisions to the statute include:
- a reduction of the notice period an owner must give the government from 180 to 120 days before filing a Harris Act claim in circuit court;
- an increase of the statute of limitations from one (1) to two (2) years after application of the regulation;
- a clarification of what constitutes the “application of a regulation” to property;
- a clarification on the extent of the State’s waiver of sovereign immunity for claims brought under the Act, conforming the statute to recent judicial interpretation;
- inclusion of governmentally-imposed development moratoria extending over one (1) year as actionable under the Harris Act.