Bert J. Harris Jr. Private Property Rights Protection Act: How to File a Claim in Florida
The Bert J. Harris Act protects Florida property owners when a new local law or zoning change unfairly burdens their land. You have one year to file a claim and must give the government a 90-day formal notice backed by a valid real estate appraisal.
What is the Bert J. Harris Jr. Act?
Florida is recognized nationwide for having some of the strongest private property rights in the country. Before 1995, if a city or county changed zoning laws that severely reduced your property's value, you were out of luck unless the regulation completely wiped out the land's utility. The Florida legislature changed this by passing the Fla. Stat. § 70.001. This act creates a separate legal pathway to force a government entity-such as the City of Naples Planning Department, Naples or the Miami-Dade County Commission, Miami-to compensate you if a specific action places an 'inordinate burden' on your existing property or vested development rights. Because this process is filled with strict statutory traps, utilizing our US Lawyers Catalog to find a Florida land-use attorney is highly recommended.
What Qualifies as an Inordinate Burden?
An 'inordinate burden' is the cornerstone of a Bert Harris claim. It means a government action has either permanently restricted you from using your property in a way you previously could, or you now bear a disproportionate share of a burden imposed for the public good. For example, if you bought commercial land in Jacksonville intending to build a mid-rise office building, and the city suddenly downzones the parcel to allow only single-story residential homes, your land value has been crushed. In cases like Town of Ponce Inlet v. Pacetta, LLC, 120 So. 3d 27 (FL District Court of Appeal 2013), courts evaluate whether the property owner had reasonable, investment-backed expectations that were destroyed by the new regulation.
How Developers and Farmers Can Recover Lost Vested Rights
Developers who have already invested significant money into site plans, engineering, and permits possess what are known as 'vested rights.' If a municipality abruptly halts a project by altering the comprehensive plan, the developer can file a claim to recover their lost millions. Similarly, agricultural landowners are highly protected. If a county decides to reclassify a working farm as a protected environmental conservation zone, prohibiting future agricultural expansion, the farmer is entitled to seek compensation under the Act.
Required Appraisals and Proof of Loss
You cannot simply write a letter saying the city cost you money. The law requires you to hire a certified appraiser to provide a formal valuation report demonstrating the fair market value of the property both before and immediately after the government action. This appraisal must be submitted alongside your formal claim to prove the exact financial damage caused by the inordinate burden.
Time Limits for Filing a Bert Harris Claim
The Bert J. Harris Act is notoriously strict regarding deadlines. Under Fla. Stat. § 70.001, a property owner generally has exactly one year from the date the new regulation or ordinance was officially applied to their property to file a claim. If you miss this one-year window, your right to compensation evaporates entirely. The process starts by presenting a written claim to the head of the responsible government entity, accompanied by a valid appraisal report demonstrating the loss in fair market value.
The 90-Day Notice Period
Before you can drag the city into the Broward County Circuit Court, Fort Lauderdale or the Palm Beach County Circuit Court, West Palm Beach, you must give the government a 90-day pre-suit notice. During this period, the government must evaluate your claim and respond with a written settlement offer. They may offer to modify the regulation, grant a variance, transfer development rights, or pay monetary compensation. If they refuse to settle, or their offer is inadequate, you may then file your lawsuit in circuit court.
Bert Harris Act vs. Constitutional Takings
| Feature | Bert Harris Act Claim | Constitutional Regulatory Taking |
|---|---|---|
| Level of Harm Required | An 'inordinate burden' (partial loss of value) | Total deprivation of all economic use |
| Statute of Limitations | 1 Year from application of the rule | Typically 4 Years |
| Pre-suit Notice Required? | Yes, 90 Days | No statutory notice period |
Frequently Asked Questions (FAQ)
Does the Bert Harris Act apply to the federal government?
No. The Act only applies to state, regional, county, and municipal government entities within the state of Florida. It does not provide a remedy against federal agencies like the EPA.
Can I claim damages for a temporary moratorium?
Generally, temporary development moratoriums enacted for planning purposes are exempt from the Bert J. Harris Act, unless they extend for an unreasonable and excessive amount of time.
Who pays my attorney if I win a Bert Harris lawsuit?
If the court determines that the government did not make a bona fide settlement offer during the 90-day notice period, the judge may order the government to pay your attorney fees and court costs.
Does this act protect against public nuisance enforcement?
No. The government is always allowed to enforce laws that abate a public nuisance or protect the public from an imminent threat to health and safety without paying compensation.
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