Hardee County, Florida, etc. v. FINR II, Inc., etc.

221 So. 3d 1162, 42 Fla. L. Weekly Supp. 613, 2017 WL 2291004, 2017 Fla. LEXIS 1157
CourtSupreme Court of Florida
DecidedMay 25, 2017
DocketSC15-1260
StatusPublished
Cited by18 cases

This text of 221 So. 3d 1162 (Hardee County, Florida, etc. v. FINR II, Inc., etc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardee County, Florida, etc. v. FINR II, Inc., etc., 221 So. 3d 1162, 42 Fla. L. Weekly Supp. 613, 2017 WL 2291004, 2017 Fla. LEXIS 1157 (Fla. 2017).

Opinions

QUINCE, J.

This case is before the Court for review of the decision of the Second District Court of Appeal in FINR II, Inc. v. Hardee County, 164 So.3d 1260 (Fla. 2d DCA 2015). The district court certified that its decision is in direct conflict with the decision of the First District Court of Appeal in City of Jacksonville v. Smith, 159 So.3d 888 (Fla. 1st DCA 2015). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We approve the First District’s holding in Smith that the Bert J. Harris, Jr., Private Property Protection Act (“Bert Harris Act” or “Act”) does not apply to claims arising from government action that regulates property adjacent to the claimant’s property. We disapprove the Second District’s contrary decision in FINR II.

BACKGROUND

Respondent, FINR, operates a neurological rehabilitation center on a large parcel adjacent to property owned by a phosphate mining company. In pursuit of mixed-use residential and commercial development, Petitioner, Hardee County, encouraged FINR to apply for a “Rural Center” land use designation for its parcel which included a quarter-mile mining setback on adjacent property. In 2007, FINR applied for, and Hardee County approved, the land use designation change and modified the Hardee County Comprehensive Plan to grant the setback on the phosphate mining company’s adjacent property.

In 2012, Hardee County granted the phosphate mining company a special exception to the land use designation that would decrease the quarter-mile setback to as little as 150 feet. FINR brought a claim under the Bert Harris Act, section 70.001, Florida Statutes (2012), against Hardee County seeking $38 million in damages for devaluation of its property for use as a neurological rehabilitation center. The trial court dismissed the claim with prejudice, finding that the Act did not apply to FINR because the quarter-mile setback change did not directly restrict or limit FINR’s property. The Second District reversed [1165]*1165and certified conflict with Smith, in which the First District found that a property-owner may not state a claim under the Bert Harris Act for devaluation of the claimant’s property based on governmental action on the adjacent parcel.

ANALYSIS

This Court reviews statutory interpretation de novo. See Polite v. State, 973 So.2d 1107, 1111 (Fla. 2007). The goal of statutory interpretation .is to identify the Legislature’s intent. Crews v. State, 183 So.3d 329, 332 (Fla. 2015). To do so, this Court first consults the plain meaning of the statute’s text. W. Fla. Reg’l Med. Ctr., Inc. v. See, 79 So.3d 1, 9 (Fla. 2012). “When the statute is clear and unambiguous,” this Court uses the plain language and avoids rules of statutory construction. Daniels v. Fla. Dept. of Health, 898 So.2d 61, 64 (Fla. 2005). This Court endeavors to give effect to every word of a statute so that no word is construed as “mere sur-plusage.” Heart of Adoptions, Inc. v. J.A., 963 So.2d 189, 198 (Fla. 2007).

I. Plain Meaning

The Act was intended “as a separate and distinct cause of action from the law of takings ... for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.” § 70.001(1), Fla. Stat. (2012). An existing use includes “actual, present use or activity” on the land and “reasonably foreseeable, nonspecula-tive land uses” which increase the fair market value of the property. § 70.001(3)(b)l.-2., Fla. Stat. A vested right is determined under the principles of equitable estoppel or substantive due process. § 70.001(3)(a), Fla. Stat. •

The Act provides that the government action must “directly restrict[ ] or limit[ ] the use of real property” for the property to be considered “inordinately burdened.” § 70.001(3)(e)l., Fla. Stat. To ensure that the word “directly” is not construed as hiere surplusage, the government action must directly act upon the owner’s parcel. To hold otherwise would give the language no more meaning than if the word “directly” had been omitted. The plain language of the Act provides that claims under the Act may not be based on government action on another parcel. Because reasonable minds may disagree with this interpretation, we turn to other tools of statutory construction.

II. Canons of Construction, Attorney General Opinion, and Legislative History

Statutes that alter the common law are narrowly construed. See Allstate Ins. Co. v. Rudnick, 761 So.2d 289, 293 (Fla. 2000). Waivers of sovereign immunity must be construed’ narrowly in favor of the government. See Rabideau v. State, 409 So.2d 1045, 1046 (Fla. 1982); Manatee Cty. v. Town of Longboat Key, 365 So.2d 143, 147 (Fla. 1978). Narrow interpretation of waivers of sovereign immunity protect “the public against profligate encroachments on the public treasury.” Spangler v. Fla. St. Tpk. Auth., 106 So.2d 421, 424 (Fla. 1958). Where a statute is open to multiple interpretations, Florida courts endeavor to avoid interpretations which would lead to absurd results. Tampa-Hillsborough Cty. Expressway Auth. v. K.E. Morris Alignment Serv., Inc., 444 So.2d 926, 929 (Fla. 1983). Because the Act alters the common law and waives sovereign immunity, it must be narrowly construed.

Legislative history can be helpful in construing a statute when its plain language is unclear. BellSouth Telecomms., Inc. v. Meeks, 863 So.2d 287, 289 (Fla. 2003). Additionally, this Court has held that “[although an opinion of the Attorney General is not binding on a court, it is entitled to careful consideration and [1166]*1166generally should be regarded as highly persuasive.” McKenzie Check Advance of Fla., LLC v. Betts, 928 So.2d 1204, 1214 (Fla. 2006) (quoting State v. Family Bank of Hallandale, 623 So.2d 474, 478 (Fla. 1993)). Amendments to statutes enacted shortly after controversies regarding the interpretation of the original act arise may be considered guidance for the original interpretation. Lowry v. Parole & Prob. Comm’n, 473 So.2d 1248, 1250 (Fla. 1985). Long periods between original enactment and amendment render use of the amendment to demonstrate original legislative intent inappropriate. Betts, 928 So.2d at 1210. With these principles in mind, we consider the parameters of the Bert Harris Act.

The Act is an alteration of common law principles of eminent domain, and inverse condemnation. Therefore, the Act must be construed narrowly, no more broadly than clearly specified. See Rudnick, 761 So.2d at 293. Because the Act does not clearly extend to owners whose property has not been directly regulated by government action, we decline to so broadly construe it.

In addition to being a derogation of common law, the Act is also a waiver of sovereign immunity; This Court construes waivers of sovereign immunity narrowly to protect public funds. See Rabideau, 409 So.2d at 1046; Town of Longboat Key, 365 So.2d at 147; Spangler, 106 So.2d at 424. This canon of construction also encourages a narrow reading of the Act. If we interpret the Act more broadly, local governments would be subject to claims under the Act each time they made changes to their .own property or performed duties within their well-established police powers which may affect private property. A broad interpretation leads to an absurd result, which we endeavor to avoid. See K.E. Morris Alignment Serv., Inc., 444 So.2d at 929.

In interpreting a statute, legislative history is also instructive. Meeks, 863 So.2d at 289.

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Bluebook (online)
221 So. 3d 1162, 42 Fla. L. Weekly Supp. 613, 2017 WL 2291004, 2017 Fla. LEXIS 1157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardee-county-florida-etc-v-finr-ii-inc-etc-fla-2017.