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Bert J. Harris, Jr., Private Property Rights Protection Act Claim Filings
Summary Concerning Bert Harris Act Claim Filings
On October 8, 2015, 35 separate Bert Harris Act claims – for 16 developed parcels and 19 undeveloped parcels – were presented to the County by Peter B. Heebner, Esq., with the law firm of Heebner, Baggett, Upchurch & Garthe, P.L., of Daytona Beach, on behalf of the parcel owners.  Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the County’s adoption of Ordinance No. 2015-02 regulating short-term vacation rentals within unincorporated Flagler County.  The 35 claims together seek relief totalling $22,704,000.00, representing the alleged diminution in value resulting from the County’s adoption of Ordinance No. 2015-02.


Listing of parcels for which claims were filed (please hyperlink each claim to each parcel) –

501 Cinnamon Beach Ln

Peter I & Adel K Acs H&W

04-11-31-3512-00010-1020

516 Cinnamon Beach Ln

Acme Real Estate Holding Inc

04-11-31-3512-00010-0900

522 Cinnamon Beach Ln

DBD Solutions LLC

04-11-31-3512-00010-0870

530 Cinnamon Beach Ln

Michael Wilson & Michael Annenberg & Donald Dupont

04-11-31-3512-00010-0840

536 Cinnamon Beach Ln

Sea Gem LLC

04-11-31-3512-00010-0810

537 Cinnamon Beach Ln

Mark A & Brenda S Voss H&W

04-11-31-3512-00010-0700

556 Cinnamon Beach Ln

CB 556 LLC

04-11-31-3512-00010-0710

7 Cinnamon Beach Way

Ralph F & Jerrilynn S Voss H&W

04-11-31-3512-00010-0020

14 Cinnamon Beach Way

Gary Simmons & Geoffrey Moore

04-11-31-3512-00010-0420

16 Cinnamon Beach Way

22 Ten LLC

04-11-31-3512-00010-0410

17 Cinnamon Beach Way

Mark A & Brenda S Voss H&W

04-11-31-3512-00010-0060

27 Cinnamon Beach Way

Hammock Parkway Properties LLC

04-11-31-3512-00010-0110

29 Cinnamon Beach Way

Cinnamon Beach Properties LLC  

04-11-31-3512-00010-0120

30 Cinnamon Beach Way

30 Cinnamon Beach Way LLC

04-11-31-3512-00010-0340

36 Cinnamon Beach Way

Cinnamon Beach 31 LLC

04-11-31-3512-00010-0310

49 Cinnamon Beach Way

49 Cinnamon Beach LLC

04-11-31-3512-00010-0220

53 Cinnamon Beach Way

Hammock Parkway Properties

04-11-31-3512-00010-0240

4 Cypress Hammock Way

Hammock Parkway Properties

04-11-31-3510-00000-0010

28 Hammock Beach Cir S

Mark & Brenda Voss H&W

04-11-31-3505-00000-0770

34 Hammock Beach Cir S

Joseph Barron

04-11-31-3505-00000-0740

17 Kingfisher Ln

Hammock Parkway Properties

04-11-31-3502-00000-0490

104 Ocean Way N

Hammock Parkway Properties

04-11-31-3512-00010-1080

108 Ocean Way N

108 Ocean Way North LLC

04-11-31-3512-00010-1100

331 Ocean Crest Dr

Hammock Parkway Properties

04-11-31-3604-00000-0550

11 Ocean Oaks Ln

Eleven Ocean Oaks LLC

04-11-31-3601-00000-0200

1 Ocean Ridge Blvd N

Mark & Brenda Voss H&W

04-11-31-4900-00000-0010

6 Ocean Ridge Blvd N

Lai Family Limited Partnership

04-11-31-4900-00000-0410

20 Ocean Ridge Blvd S

Mark A & Brenda S Voss H&W

04-11-31-4900-00000-0740

21 Ocean Ridge Blvd N

Mark A & Brenda S Voss H&W

04-11-31-4900-00000-0110

22 Ocean Ridge Blvd S

Ocean Ridge Blvd South LLC

04-11-31-4900-00000-0730

32 Ocean Ridge Blvd S

Hammock Parkway Properties

04-11-31-4900-00000-0680

34 Ocean Ridge Blvd N

Richard & Laura Fehnel H&W Bank Of America

04-11-31-4900-00000-0270

36 Ocean Ridge Blvd N

Staying In The Green LLLP

04-11-31-4900-00000-0260

46 Ocean Ridge Blvd N

Kenneth & Laurie Wattret H&W

04-11-31-4900-00000-0210

20 Sandpiper Ln

Mark Voss

04-11-31-3501-00000-0090


Frequently asked questions
What is the Bert Harris Act?

The Bert J. Harris, Jr., Private Property Rights Protection Act (the “Bert Harris Act”) is a Florida statute (s. 70.001, Fla. Statutes).  The Bert Harris Act provides a cause of action against a local government if the local government enacts a law, regulation, or ordinance that inordinately burdens, restricts, or limits private property rights without amounting to a taking of property under the State Constitution or the United States Constitution. The State Legislature passed the Act to protect the interests of private property owners by creating a separate cause of action in addition to the existing laws for the unconstitutional taking of private property by government.  This separate cause of action is intended by the Legislature to provide for relief from the inordinately burdensome law by changing the manner in which it is applied and/or providing for the payment of compensation to the property owner.


What does a Bert Harris Act claim consist of?

The statute provides that a property owner seeking compensation under the Act must file the claim in writing with the local government not less than 150 days prior to filing an action in the circuit court.  The claim must include a bona fide, valid appraisal supporting the claim and demonstrating the loss in fair market value to the real property.


What happens after a Bert Harris Act claim is filed?

Within 15 days after the claim is filed, the local government reports the claim in writing to the Department of Legal Affairs and provides the name and contact information for the local government from whom additional information about the claim can be obtained.  The statute provides that the local government must provide written notice to contiguous property owners to the claim using the addresses on the most recent County tax rolls.  During the 150 day notice period (unless the period is extended by agreement of the parties), the local government shall provide a written settlement offer to the owner.  Also during the 150 day notice period, but unless a settlement offer is accepted by the property owner, the local government shall issue a written statement of allowable uses for the subject property.  If the settlement offer is accepted by the property owner, then the local government takes whatever necessary steps to implement the settlement offer.  If the settlement offer and the statement of the allowable uses are both rejected by the property owner, then the owner may file the claim with the circuit court.


Will a public hearing be held related to a Bert Harris Act claim?

The statute does not specifically require a public hearing for a Bert Harris Act claim.  The governing body of the local government will consider the settlement offer options as part of a public meeting.

 
Can public comments be submitted related to a Bert Harris Act claim?

The statute does not specifically provide for a method of public comment.  When the matter is heard by the Board of County Commissioners to consider the settlement offer that is required by statute, members of the public will have the opportunity to appear and submit any comments subject to the usual rules of public participation.  Comments can also be in writing and should be addressed to Adam Mengel, Planning Director, by mail at: 1769 E. Moody Blvd., Bldg. 2, Bunnell, FL 32110; by fax: (386)313-4109; or by email: .  They will be provided to the Commissioners.


Are these Bert Harris Act claims valid?

The claims are under review by Flagler County and as of this time there is no formal determination.


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