Florida is a state that provides relief to private landowners when a law, regulation, or ordinance inordinately burdens, restricts, or limits private property without amounting to a taking under the U.S Constitution. The State of Florida enacted the Bert J. Harris, Jr., Private Property Rights Protection Act in 1995, which provides a specific process for landowners to seek relief when their property is unfairly affected by government action.
On October 14, 2021, the Hillsborough County BOCC adopted the Wimauma Village Residential-2 (WVR-2) and Community Plan. This information was provided to the Board of County Commissioners (BOCC) for consideration during which the BOCC voted unanimously to adopt the Plan and corresponding Land Development Code.
Taken from the 7-0 adopted Plan.
Proposed villages including (50) fifty or more residential units shall conduct at least two public meetings and shall notify all registered Neighborhood, Homeowner and Civic Associations within the Community Planning Area as defined within the Livable Communities Element to discuss the utilization of Community Benefit Options. These meetings shall occur within the defined Community Plan boundary. One meeting shall occur prior to the application submittal. A second meeting shall occur after an application is submitted but prior to the letter of mailing notice deadline. Proof of the meetings in form of an affidavit shall be provided that identifies the date, location, and timing of the meeting, as well as a list of Associations contacted, and meeting minutes. This information shall be submitted to County staff by the Proof of Letter of Notice deadline.
Read Policy 48.7: Community Benefit Options of the Future Land Use Element.
There are some instances when the impact of a governmental regulation cannot be determined prior to the submission of an actual development permit. The definition of what constitutes a development permit is provided in the Community Planning Act. For example, in Wendler v. City of St. Augustine, 108 So. 3d 1141 (Fla. 5th DCA 2013), the city amended an ordinance, authorizing the Historical Architectural Review Board to deny demolition or relocation requests for certain structures, including those on the plaintiff landowner’s property.
The court ruled that the amendment was not readily ascertainable to the Wendler’s as the amendment was general and only potentially applied to the Wendler’s property. As the city retained significant discretion to grant or deny a permit, the amendment was not reasonably ascertainable to property owners at the time of enactment. As such, the court found that the impact of the ordinance was not readily ascertainable until the Wendler’s permit applications were denied.
Just as the City of St. Augustine authorizing their Historic Architectural Review Board (“HARB”) to deny demolition or relocation requests, the Community Benefit Options of the Wimauma Plan, could deny property owners submitting a development plan. And, just like Wendler v. City of St. Augustine, they will have to file a lawsuit to regain their rights under the U.S. Constitution and Florida’s Bert Harris Act. Wendler prevailed, but not after considerable expense.
The Wimauma Village Residential-2 (WVR-2) and Community Plan was NOT supported by the Wimauma Civic Association and should not be supported by any business and/or property owner in Hillsborough County. This is BAD planning, supported only by a group of community activist with little to no stake in property ownership. I encourage you to review the facts and make your own conclusions.
This is just a few of the instances where government overreach is evident, please read this un-supported plan and make up your own mind. And, just as The Destiny of South Hillsborough stated, We, the residents and business community of South Hillsborough County need to search our souls and put forth one of our own to lead us out of this dark period of failing County Commission Government.
