TABLE 1


BERT HARRIS CLAIMS
CITY OR COUNTY COMMENTS FROM CITIES AND COUNTIES ON THE EFFECT OF THE ACT
City of Clearwater Claimant is under contract to purchase what was an apartment building, but the use changed to warehouses. The owner filed a claim even though the claimant is not title owner and the use as apartment was lost through non-conforming use statute; and that regulation was in place prior to the date of effect in Act.
City of Clearwater1 Claim filed due to the denial of occupational license and electrical inspection due to zoning. Claim for $40,000 + $10/day since 7/2/96.
City of Crestview Chilling Effect
The city passed an ordinance which eliminated the construction and debris use from some of its zoning classifications. At least one property owner has gone out of business and is prepared to take action against the city as a result of the change in use.
Dade Co.1 Claim filed because the property was downzoned. Claim for $410,500.
City of Fort Walton Beach Chilling Effect
In 1991, the city brought their code up to minimum consistency standards with regional comprehensive plan as required by state law. Overall work with the Code is pending.
City of Gainesville Chilling Effect
The city has been threatened for damages under the Act from the City's adoption of an anti-nudity ordinance and adult entertainment and as for the adoption of a comprehensive licensing ordinance regulating adult escorts and adult performance establishments.
City of Holmes Beach Chilling Effect
Citizens always raise the private property rights act making the Commission hesitant to act.
City of Miami Beach1 Claim filed because the property lost value due to Ocean Beach Historic District designation “contributing structure.” Claim: $2,068,300.
Feb., 1997—City gave ripeness decision with appraisals showing no loss in value (and denying ripeness). No further action as of 8-28-97.
City of Miami Beach1 Claim filed because the property lost value due to Ocean Beach Historic District designation “contributing structure.” Claim $338,000.
Feb., 1997—City gave ripeness decision with appraisals showing no loss in value (and denying ripeness). No further action as of 8-28-97.
City of Miami Beach1 Claim filed because the property lost value due to Ocean Beach Historic District designation “contributing structure.” Claim $27,000.
Feb., 1997—City gave ripeness decision with appraisals showing no loss in value (and denying ripeness). No further action as of 8-28-97.
Monroe Co.1 Claim filed because Monroe County Comp Plan (Year 2010) inordinately burdened property.
City of Orlando Chilling Effect
Downzoning to try to revitalize a Urban neighborhood was abandoned. Even when an ordinance amendment on its face seems to help a category of property owners or developers. It may also have property rights act implications due to the effective date placed in the Act. The Harris Act to a degree has stifled there ability to be responsive to the needs of the public to changing technologies and has set the status quo in concrete.
City of Sarasota Notice of Claim Pending
1974 Zoning established an amortization schedule to remove commercial area from a residential area by 1994. The commission extended the amortization until 1999. The owner of a nonconforming gas station filed an action against the city because the city denied his request for rezoning.
St. Johns Water Mgmt. Dist.1 SJWMD denial of two permits for s-f residential development.
Dismissed by SJWMD Board because the regulation was in place before the Act. No challenge by applicant.
City of Tampa Chilling Effect
In an older part of Tampa which, before the Act, had been restored and become more dense and wealthy, the Council delayed action on a much needed roadway because of the threat of an action being filed under the Act.
City of Westin1 Claim filed because an ordinance makes the property legal non-conforming use but deprives right to build 2 more communication towers.
City of West Palm Beach1 Claim filed over the denial of permit for 15-story bldg. filed day before referendum to limit heights to 5 stories.
Ripeness decision allowed 15 stories (but public alley needed to be vacated and will require further discretionary approval from City).
City of West Palm Beach1 Claim filed although no application filed; but filed claim that 5-story referendum was “inordinate burden”.
City filed Declaratory Judgment that the Act was not appropriate because no application had been filed. Local circuit court ruled for city at hearing (no written order as of 8-28-97).
City of West Palm Beach1 Claim filed although no application filed; but filed claim that 5-story referendum was “inordinate burden”.
City filed Declaratory Judgment that the Act was not appropriate because no application had been filed. Local circuit court ruled for city at hearing (no written order as of 8-28-97).

1Information courtesy of Steven C. Hartsell, Esquire, Pavese, Garner, Haverfield, Dalton, Harrison, & Jensen.