Two Alerts Contained in this Message!
Urge House Committee to Oppose HB 1383 - B ert Harris Act / Property Rights
On Thursday, April 4, at 8:00 a.m., the House Commerce Committee will consider HB 1383
( J. Grant ), 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.
  • 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.
  • Under current law, a jury can award damages from a Harris claim based on the loss of property value and cannot consider any business damages relative to an activity, or use the government has restricted or prohibited. The bill would now allow for the compensation of business damages in addition to the loss of property.

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.
Urge House Committee to Oppose HB 1159 - Tree-Trimming Ordinances
The House Commerce Committee will also consider HB 1159 ( La Rosa ), relating to tree-trimming and removal, on Thursday.
This bill prohibits local governments from requiring a permit for tree trimming and removal under certain circumstances and would encourage residents to trim and remove trees before, during and after a storm, creating dangerous debris and possibly putting people in harm's way.  
On Tuesday, April 2, the Senate Community Affairs Committee amended SB 1400 ( Albritton), relating to tree-trimming and removal. The “strike all” amendment significantly changes the scope of the bill and reduces its negative impacts on local tree protection ordinances. 

As amended, the bill would prohibit the enforcement of a local government tree ordinance against a residential property owner under specified conditions during the period of March 1 to June 1 of each year.

During this three-month period, notwithstanding a local tree ordinance, a residential property owner would be authorized to trim, prune or remove a tree, or to trim or prune (but not remove) a specimen, heritage or patriarch tree, if a certified arborist provides documentation the tree is a danger to persons or property. The bill exempts endangered species from its provisions.  
Talking Points
  • HB 1159 would make it impossible for local governments to protect their tree canopies and preserve heritage trees, which could have significant consequences.
  • Trees are a key resilience strategy, they help with floodplain management, fight urban heat island effect, and provide critical habitat for resident and migrating birds.
Please contact committee members ASAP and urge them to OPPOSE HB 1383 and HB 1159!
Mike La Rosa (R-42), Chair            
(850) 717-5042 
@larosamike

Jason Fischer (R-16), Vice Chair         
(850) 717-5016 
@JasonFischerFL

Evan Jenne (D-99), Ranking Member       
(850) 717-5099 
Evan.Jenne@myfloridahouse.gov           
@evanjenne

Alex Andrade (R-2)          
(850) 717-5002 
@RAlexAndradeFL

Bryan Avila (R-111)          
(850) 717-5111 
Bryan.Avila@myfloridahouse.gov            
@BryanAvilaFL

James Buchanan (R-74) 
(850) 717-5074 

Joseph Casello (D-90)    
(850) 717-5090 
@votejoecasello1

Javier Fernandez (D-114)              
(850) 717-5114 
@Javierfor114

Heather Fitzenhagen (R-78)         
(850) 717-5078 
@RepFitzenhagen

Brett Thomas Hage (R-33)            
(850) 717-5033 

Al Jacquet (D-88)             
(850) 717-5088 
Al.Jacquet@myfloridahouse.gov             
@ALJacquet

Toby Overdorf (R-83)     
(850) 717-5083 
@TobyOverdorf
Rene Plasencia (R-50)    
(850) 717-5050 
@voteCoachP

Will Robinson (R-71)       
(850) 717-5071 
@will_robinsonjr

Ray Rodrigues (R-76)      
(850) 717-5076 
@isayray

Anthony Sabatini (R-32)
(850) 717-5032 
@AnthonySabatini

David Santiago (R-27)     
(850) 717-5027 
@dsantiago457

David Silvers (D-87)         
(850) 717-5087 
@DavidRSilvers

Richard Stark (D-104)      
(850) 717-5104 
@RichardNStark

Cyndi Stevenson (R-17)
(850) 717-5017 
@Vote4Cyndi

Charlie Stone (R-22)        
(850) 717-5022 
@RepCharlieStone

Jennifer Webb (D-69)     
(850) 717-5069 
@jenniferwebbfl

Matt Willhite (D-86)        
(850) 717-5086 
@mattwillhitefl

Jayer Williamson (R-3)  
(850) 717-5003 
@JayerWilliamson
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 House Commerce Committee hearing on Thursday at 8:00 a.m.
Thank You for Your Advocacy Efforts!