UNDERSTANDING THE FLORIDA LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION ACT

As a result of negotiations during the 1995 legislative session involving environmentalists, agricultural interests, state and local governments, land owners, lobbyists, and legislators, the Florida Legislature enacted a two-part property-rights initiative consisting of both the Bert J. Harris, Jr. Private Property Rights Protection Act (Harris Act) and the Florida Land Use and Environmental Dispute Resolution Act (Dispute Resolution Act or Act). Although these two acts were enacted simultaneously under the same bill, the Legislature did not intend for these Acts to be construed in pari materia, but to operate independently, stating that these Acts would “have separate and distinct bases, objectives, applications, and processes.” Notwithstanding this express provision, these Acts express the Legislature’s fundamental concern that private property rights in the state of Florida should not be subject to unfair decisions, unreasonable burdens, or inordinate burdens.