2(2010) (“Harris Act”).
The trial court found the action was untimely and dismissed thecomplaint with prejudice. We reverse.Between 1998 and 2006, the Wendlers purchased eight parcels of real propertyin St. Augustine, Florida (the “Wendler Property”). The Wendler Property contains sevenstructures built between 1910 and 1930, and is located in a National Register of HistoricPlaces District. When purchasing the property, the Wendlers knew that the parcelswere subject to city ordinance, section 28-89, City of St. Augustine Municipal Code (“theOrdinance”), which regulates the demolition or relocation of certain historic structures.In 2002, the City revised the Ordinance by expanding the list of regulated structures toinclude homes at least 50 years old. The amendment also extended the waiting periodfor a demolition permit from six months to one year. In 2005, the City again amendedthe Ordinance, authorizing the City’s Historic Architectural Review Board (“HARB”) todeny demolition or relocation requests indefinitely for three types of structures, includingthose considered “contributing property to a National Register of Historic PlacesDistrict.” The Wendlers used the structures on their property as residential rentals, butbased on their view of changing market conditions, decided to convert the properties toa commercial use.
To that end, on September 28, 2007, the Wendlers submitted
The Legislature substantially amended section 70.001, effective July 1, 2011.See ch. 2011–191, §§ 1 & 3, Laws of Fla. The amendments “apply prospectively onlyand do not apply to any claim or action filed under s. 70.001, Florida Statutes, which ispending on the effective date of this act (July 1, 2011).” Ch. 2011–191, § 2, Laws of Fla.
The Wendlers hoped to rezone the property to a Planned Unit Development(“PUD”), allowing for an 80-room boutique hotel with a restaurant, an art gallery, and anunderground garage for parking. If unable to obtain a PUD zoning, the Wendlers