Fourth Quarter 2005

Florida Legislative Update

Holland & Knight Newsletter
Lawrence E. Sellers

House Select Committee to Protect Private Property Rights

The United States Supreme Court’s ruling in the Kelo case prompted House speaker Allan Bense to appoint a select committee of the Florida House of Representatives “to make sure that private property rights of Florida citizens are protected.” The Committee continues to meet during the interim period prior to the 2006 Regular Session, and it has solicited comments from parties with an interest in relevant issues. In particular, the Committee has sought recommendations regarding the adequacy of current protections of private property rights, the current status of Florida law with respect to government takings for the purpose of “economic development,” and whether Florida’s Community Redevelopment Act is sufficiently narrow in scope as it relates to the exercise of eminent domain.

Eminent Domain Bills Filed

Meanwhile, several bills that have been filed in the Senate seek to revise state laws regarding eminent domain. These include Senate Bills 8, 20 and 134.

Florida Impact Fee Review Task Force

The Florida Legislature approved comprehensive growth management legislation during the 2005 Regular Session. Among other provisions, this legislation creates the Florida Impact Fee Review Task Force. The purpose of the Task Force is to survey and review the current use of impact fees as a method of financing local infrastructure to accommodate new growth and current case law controlling the use of impact fees. The Task Force has held several meetings and is expected to submit its recommendations by February 1, 2006.

Senate Committee Undertakes Review of Solid Waste Management Act

Staff of the Senate Committee on Environmental Preservation conducted a comprehensive review of Florida’s Solid Waste Management Act. The review culminated in a report that recommended various changes to Florida’s solid waste management laws, and the Committee subsequently voted to develop one or more committee bills on this subject.

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