HOUSE AMENDMENT Bill No. HB 1687 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Kottkamp offered the following:
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14	Amendment (with title amendment)
15	Remove line(s) 612, and insert:
16	Section 20. Paragraph (d) of subsection (3), paragraph (b)
17	of subsection (4), paragraph (a) of subsection (5), and
18	subsections (11) and (13) of section 70.001, Florida Statutes,
19	are amended to read:
20	70.001 Private property rights protection.--
21	(3) For purposes of this section:
22	(d) The term "action of a governmental entity" means a
23	specific action of a governmental entity which affects real
24	property, including action on an application or permit. The term
25	does not include action to enforce compliance with uniform laws
26	enacted or regulations adopted to protect public safety, such as
27	building codes and fire codes. In addition, the term does not
28	include action involving the construction, expansion, or
29	maintenance of capital facilities.
30	(4)
31	(b) The governmental entity shall provide written notice
32	of the claim to all parties to any administrative action that
33	gave rise to the claim, and to owners of real property
34	contiguous to the owner's property at the addresses listed on
35	the most recent county tax rolls. Within 15 days after the claim
36	isbeingpresented, the governmental entity shall report the
37	claim in writing to the state land planning agencyDepartment of
38	Legal Affairs, and shall provide the agencydepartmentwith the
39	name, address, and telephone number of the employee of the
40	governmental entity from whom additional information may be
41	obtained about the claim during the pendency of the claim and
42	any subsequent judicial action.
43	(5)(a) During the 180-day-notice period, unless a
44	settlement offer is accepted by the property owner, each of the
45	governmental entities provided notice pursuant to paragraph
46	(4)(a) shall issue a written ripenessdecision identifying the
47	allowable uses to which the subject property may be put. The
48	failure of the governmental entity to issue such a written
49	ripeness decision during the 180-day-notice period shall cause
50	be deemed to ripen the prior action of the governmental entity
51	to become its final decision identifying the uses for the
52	subject property. Whether rendered by submission of a written
53	decision during the 180-day-notice period or by failure to
54	submit such a written decision, the final decision of a
55	governmental entity produced under this paragraph operates as a
56	final decision that has been rejected by the property owner.
57	This final decision, and shall operate as a ripeness decision
58	that has been rejected by the property owner. The ripeness
59	decision,as a matter of law, constitutes the last prerequisite
60	to judicial review of the merits, and the matter shall be deemed
61	ripe or finalfor the purposes of the judicial proceeding
62	created by this section, notwithstanding the availability of
63	other administrative remedies.
64	(11) A cause of action may not be commenced under this
65	section if the claim is presented more than 1 year after a law
66	or regulation is first applied by the governmental entity to the
67	property at issue. Enacting a law or adopting a regulation does
68	not constitute applying the law or regulation to a property.If
69	an owner seeks relief from the governmental action through
70	lawfully available administrative or judicial proceedings, the
71	time for bringing an action under this section is tolled until
72	the conclusion of such proceedings.
73	(13) In accordance with s. 13, Art. X of the State
74	Constitution, the state, for itself and for its agencies or
75	subdivisions, waives sovereign immunity for liability for
76	actions subject to this section, but only to the extent
77	specified in this section.This section does not affect the
78	sovereign immunity of government.
79	Section 21. If any provision of this act or the
80	application thereof to any person or circumstance is held
81	invalid, the invalidity does not affect other provisions or
82	applications of this act which can be given effect without the
83	invalid provision or application, and to this end the provisions
84	of this act are declared severable.
85	Section 22. This act shall take effect July 1, 2003, and
86	shall not operate to affect any litigation or claim brought
87	under s. 70.001, Florida Statutes, which is pending on the date
88	this act becomes a law.
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91	================= T I T L E A M E N D M E N T =================
92	Remove the entire title, and insert:
93	A bill to be entitled
94	An act relating to governmental entities; creating s. 20.101,
95	F.S.; creating the Department of State and Community Affairs;
96	providing the mission of the department; providing that the
97	department shall be headed by a secretary appointed by and
98	serving at the pleasure of the Governor; establishing divisions
99	within the department; providing that the Florida Housing
100	Finance Corporation and the Division of Emergency Management
101	shall be placed in the department for administrative purposes;
102	requiring appointment of division directors; providing for the
103	appointment of deputy and assistant secretaries; providing for
104	the establishment of bureaus, sections, and subsections deemed
105	necessary by the secretary for certain purposes, under certain
106	conditions; providing for the appointment of directors or
107	executive directors of any commission or council; providing for
108	the appointment by the Governor of the director of the Division
109	of Emergency Management; repealing s. 20.10, F.S., relating to
110	the Department of State; repealing s. 20.18, F.S., relating to
111	the Department of Community Affairs; providing for the transfer
112	of programs, functions, activities, powers, duties, rules,
113	records, personnel, property, and unexpended balances among
114	certain state agencies; providing that the Secretary of State
115	shall continue in office as the secretary of the Department of
116	State and Community Affairs without further appointment or
117	confirmation; providing transitional provisions; amending ss.
118	11.011, 11.021, 11.03, 11.07, 15.01, 15.02, 15.03, 15.07, and
119	15.155, F.S., to conform; amending s. 257.36, F.S.; deleting
120	responsibilities regarding the records and information
121	management program; creating s. 257.361, F.S.; providing
122	responsibilities for records storage to the Department of
123	Management Services; directing the Division of Statutory
124	Revision to prepare a reviser's bill for the 2004 Regular
125	Session of the Legislature; amending s. 70.001, F.S., the “Bert
126	J. Harris, Jr., Private Property Rights Protection Act";
127	limiting the definition of the term "action of a governmental
128	entity"; providing that the state land planning agency rather
129	than the Department of Legal Affairs shall receive notice of
130	claims; amending procedures for determining a governmental
131	entity’s final decision identifying the allowable uses for a
132	property; providing that enactment of a law or adoption of a
133	regulation does not constitute application of the law or
134	regulation; providing for a limited waiver of sovereign immunity
135	for liability; providing an effective date.
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