Bert Harris, Mechanics & Timelines

Question 1

What are the 3 ways a claim under Bert Harris might initiate after 7/1/21?

Answer 1

3 Ways

1. Written denial of request for development or variance. [3 phases - begin, middle, end]
2. Enactment and notice. [2 phases - begin, end]
3. Enactment [1 phase - begin/end].

Question 2

O request denied. State the first 2 steps that are prerequisites for a Bert Harris lawsuit.

Answer 2

Way #1 - Request-denied. BEGIN

1. 180 days denial rendition [exaction] O presents claim w/ written appraisal compliant w/ FS 475.611(1)(e), i.e., written, incl. opinion + report.
2. Gives LG 90 look.

Question 3

Does 1 yr claim deadline start ticking from date of ruling on development order?

Answer 3

No. Starts from the date of rendition of the order.

Question 4

What happens during the 90 day look?

Answer 4

A. 15 days - LG notifies Dept of Legal Affairs.
B. LG notifies contiguous Os.
C. 90 days - LG must submit 2 writings to O.
(1) Settlement offer. If settle, LG has 15 days to notify Dept. of Legal Affairs.
(2) If don’t settle, LG must issue statement of allowable uses.

Question 5

State the next Harris prerequisite after:
(a) the parties don’t settle &
(b) LG has issued its statement of allowable uses.

Answer 5

O has 1 year from statement of allowable uses to file lawsuit.

Question 6

Who sends notice in Way #2 - enactment & notice?

Answer 6

LG notices O.

O has 1 yr to file suit.

Question 7

What if LG enacts but doesn’t send notice?

Answer 7

Way #3 - Enactment only. ~gets 1/2 the look~

(1) When O ascertains impact is clear & unequivocal, O notifies LG of this via certified mail & email (if avail).
(2) LG has 45 days via certified mail & email (if avail) to describe the limitations imposed by the enactment.
(3) O has 1 yr from receipt to file suit.

Question 8

Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?

Answer 8

No, ‘any time after enactment.’

Question 9

Who sends notice in Way #3 (enact-only)?

Answer 9

Way #3 - Enactment only.
-----------
O notices LG.
LG has 45 days to describe limitations.
O has 1 yr from receipt to file suit.

Question 10

In Way #3 (enact-only) must O formally apply for a development request or variance?

Answer 10

No. Simply sue 1 yr aft receipt of limitations description.

Question 11

Are these notices deadlines from the dates of notices? Or from dates of receipt?

Answer 11

Receipt. Hence the certified mail requirement.

Question 12

What is a second way a Bert Harris suit might initiate?

Answer 12

Way #2 - Enact-Notice BEGINNING

1. LG enacts law or regulation.
2. LG notifies title O (or registered agent)

Question 13

Does the fact that the enacted law or regulation may be modified under any other process or procedure preclude the impact being clear or unequivocal?

Answer 13

No.

Question 14

What is significance of the notice?

Answer 14

Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to file suit.

Question 15

Who sends notice in Way #2 - enactment & notice?

Answer 15

LG notices O.
O has 1 yr to file suit.

Question 16

What is a second way a Bert Harris suit might initiate?

Answer 16

Way #2 - Enact-Notice BEGIN

1. LG enacts law or regulation.
2. LG notifies title O (or registered agent)

Question 17

Does the fact that the enacted law or regulation may be modified under any other process or procedure preclude the impact being clear or unequivocal?

Answer 17

No.

Question 18

What is significance of the notice?

Answer 18

Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to pursue remedies, i.e. 1 yr to apply for development order or variance.

Question 19

Must O pursue a formal application for development order or variance?

Answer 19

Way #2 - Enact-Notice
-----------
Yes.  
Enact-only is specifically excepted from this prerequisite.  
Silent in enact-notice.

Question 20

Who sends notice in Way #2 - enactment & notice?

Answer 20

LG notices O
(a) law may impact, (b) O has 1 yr. to pursue remedies.

Question 21

What if LG enacts but doesn’t send notice?

Answer 21

Way #3 - Enact-only. BEGIN/END

(1) When O ascertains impact is clear & unequivocal, O sends ‘impact ltr’ to LG of this via certified mail & email (if avail).
(2) LG has 45 days via certified mail & email (if avail) to describe the limitations imposed by the enactment.
(3) O has 1 yr from receipt to file suit.

Question 22

Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?

Answer 22

No, ‘any time after enactment.’

Question 23

Who sends notice in Way #3 (enact-only)?

Answer 23

Way #3 - Enact-only.
-----------
O notices LG w/ 'impact ltr.'
LG has 45 days to describe limitations.
O has 1 yr from receipt to file suit.

Question 24

In Way #3 (enact-only) must O formally apply for a development request or variance?

Answer 24

No. Simply sue 1 yr aft receipt of limitations description.

Question 25

Are these notices deadlines from the dates of notices? Or from dates of receipt?

Answer 25

Receipt. Hence the certified mail requirement.

Question 26

Which way requires LG to make a settlement offer?

Answer 26

Request-denied.

Question 27

Which way requires no response by LG?

Answer 27

Enacts-notices.

Question 28

When must LG identify uses of a property?

Answer 28

3 Ways

1) Request-denied. In the look period, LG must send a “statement of allowable uses.”
2) Enact-only. LG simply enacts & is later contacted by O, LG must send a “limitations description.”

Question 29

What kind of information must LG give O in the case of request-denied?

Answer 29

“Statement of allowable uses.”

Question 30

What kind of information must LG give O when a LG enacts-notices?

Answer 30

Just the notice. Nothing else.

Question 31

What is contained in LG’s notice to O when LG enacts-notices?

Answer 31

3 Ways

1) That O’s property may be impact O’s existing property rights.
2) That O has 1 yr from receipt to file suit.

Question 32

Which ways require O to apply for a development order or variance?

Answer 32

3 Ways

1) Request-denied.
2) Enact-notice.

Question 33

Which way has no requirement that O pursue a formal application?

Answer 33

Enacts-only. Impact ltr + ‘limitations description.’

Question 34

Is the 1 year tolled while O seeks relief through administrative/judicial proceedings?

Answer 34

Yes.

Question 35

What circumstances cannot initiate a Harris claim & are not part of the 3 ways?

Answer 35

3 Ways

1) Law enacted on or before 5/11/95.
2) Transportation (a) facilities & (b) eminent domain.

Question 36

What is the cap on Harris recovery.

Answer 36

Unlimited. Sovereign immunity waived!

Question 37

Shortcut

Answer 37

1 yr from date “applied.” applies to the 2 situations below (notice/enact-only). The above doesn’t mention 1 yr.
It is either 1 yr from date of notice or from date of limitations.
———————————————————————-
Notice — 1 yr. to pursue rts under this section. How pursue rts? – app, den, app, 90 look, sttle, stmt of uses, 1 yr.
——————————————————————
Enact-only. Impact ltr — 45 days, describe limitations — 1 yr. from description of limitations (no need for application)
———————————————————————
So really … memorize core mechanics of 1 & 3

Question 38

Who gets to simply send an impact ltr as a prerequisite to Bert Harris.

Answer 38

Enact-Only. ~~I miss this one a lot.~~

Question 39

Who determines amount of compensation?

Answer 39

Jury OR Judge*

*new 2021

Question 40

What can NOT be considered when calculating damages?

Answer 40

Business damages.

Question 41

What is an appraisal required by O under BH?

Answer 41

BERT HARRIS
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Meets FS 475.611(1)(e), i.e.:
Communicates:
(1)   An opinion
(2)  A report.