Bert Harris, Mechanics & Timelines Flashcards
What are the 3 ways a claim under Bert Harris might initiate after 7/1/21?
- Written denial of request for development or variance. [3 phases - begin, middle, end]
- Enactment and notice. [2 phases - begin, end]
- Enactment [1 phase - begin/end].
O request denied. State the first 2 steps that are prerequisites for a Bert Harris lawsuit.
- 180 days denial rendition [exaction] O presents claim w/ written appraisal compliant w/ FS 475.611(1)(e), i.e., written, incl. opinion + report.
- Gives LG 90 look.
Does 1 yr claim deadline start ticking from date of ruling on development order?
No. Starts from the date of rendition of the order.
What happens during the 90 day look?
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.
State the next Harris prerequisite after:
(a) the parties don’t settle &
(b) LG has issued its statement of allowable uses.
O has 1 year from statement of allowable uses to file lawsuit.
Who sends notice in Way #2 - enactment & notice?
LG notices O.
O has 1 yr to file suit.
What if LG enacts but doesn’t send notice?
(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.
Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?
No, ‘any time after enactment.’
Who sends notice in Way #3 (enact-only)?
O notices LG.
LG has 45 days to describe limitations.
O has 1 yr from receipt to file suit.
In Way #3 (enact-only) must O formally apply for a development request or variance?
No. Simply sue 1 yr aft receipt of limitations description.
Are these notices deadlines from the dates of notices? Or from dates of receipt?
Receipt. Hence the certified mail requirement.
What is a second way a Bert Harris suit might initiate?
- LG enacts law or regulation.
- LG notifies title O (or registered agent)
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?
No.
What is significance of the notice?
Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to file suit.
Who sends notice in Way #2 - enactment & notice?
LG notices O.
O has 1 yr to file suit.
What is a second way a Bert Harris suit might initiate?
- LG enacts law or regulation.
- LG notifies title O (or registered agent)
