Urge Senate Committee to Oppose SB 1720 - B ert Harris Act / Property Rights
On Monday, April 1, the Senate Judiciary Committee will consider SB 1720 ( Lee ), which amends the Bert J. Harris Act. 
This bill significantly amends the Bert J. Harris Act and substantially handicaps local government ability to resolve these claims.

  • The bill requires any settlement reached on a Harris claim that involves the issuance of a variance or exception to a regulation on a residential property be automatically applied by the government entity to all similarly situated residential properties that are subject to the same rules or regulations. Similarly situated is not defined in the bill. In essence, the bill will make an exception to a rule, the new rule. Variances are not handed out carte blanche by government entities.
  • The bill fails to take into account notice provisions, hearings, or even impacts on neighboring property owners when giving an across the board variance. Therefore, the legislation will have a severe chilling effect on the settlement of Harris claims.
  • The bill is a thinly veiled attack to cities and counties who have been dealing with Harris claims due to the enactment of vacation rental ordinances. However, the bill has a far reaching impacts on land use regulations, environmental regulations and code enforcement regulations.
  • Additionally, the bill limits the time frame for government entities to respond to Harris claims from 150 days to 90 days, and increases the likelihood of paying the property owners attorney fees.

Click here to view the Issue Brief.
Talking Points
  • Protect residents, not special interests. Special interest groups are attempting to manipulate the Bert J. Harris Property Rights Protection Act to affect universal policy change for personal gain leaving taxpayers to pay the bill. The Legislature should prioritize what communities need, not what special interests want.
  • The process is deliberate by design. Bert Harris claims purposefully follow a well-detailed process, to ensure each claim meets the standards set forth in Florida law and does not adversely affect the property rights of other property owners. A variance is designed to be an exception to the rule with just cause, not become the rule itself.
  • Universal application of a variance has unintended consequences. If you apply a variance to all similarly situated properties, you run the risk of increased strain on supporting infrastructure, exacerbating environmental concerns and creating a knock-on effect affecting adjacent properties.
  • Changes to current law will hinder development. The Bert Harris Act currently provides a timeline for potential claims. This timeline allows cities to work with affected parties before commencing with a growth or redevelopment project contained in a community’s comprehensive plan. Changes to that timeline could dramatically impact the ability of a community to forge ahead with smart growth.
  • Changing the intent of the Bert J. Harris Act is short sighted and dangerous. Prioritize community needs.
Please contact committee members ASAP and urge them to OPPOSE SB 1720!
David Simmons (R-9), Chair          
(850) 487-5009 
@DSimmonsFL

Jose Javier Rodriguez (D-37), V. Chr. 
(850) 487-5037 
@JoseJavierJJR

Dennis Baxley (R-12)      
(850) 487-5012 
[email protected]       
@dennisbaxley

Audrey Gibson (D-6)      
(850) 487-5006 
[email protected]      
@SenAudrey2eet

Travis Hutson (R-7)          
(850) 487-5007 
[email protected]       
@TravisJHutson

Kelli Stargel (R-22)           
(850) 487-5022 
[email protected]            
@kellistargel

Click here to download a spreadsheet with committee contact information. You can also use the League’s Contact Your Legislator advocacy tool to email your legislators.
Watch Live on The Florida Channel
To watch this committee hearing, go to https://thefloridachannel.org , click on Live Streams and look for the Senate Judiciary Committee hearing on Monday at 4:00 p.m.
Thank You for Your Advocacy Efforts!