Florida Senate - 2020 SB 748 By Senator Flores 39-00726-20 2020748__ 1 A bill to be entitled 2 An act relating to takings claims within areas of 3 critical state concern; providing a short title; 4 creating s. 380.0501, F.S.; providing for the 5 apportionment of awards of damages for takings claims 6 within areas of critical state concern; providing that 7 certain governmental entities are liable only for 8 certain postjudgment interest; providing construction; 9 requiring local governments to be reimbursed for 10 specified amounts under certain circumstances; 11 providing an effective date. 12 13 WHEREAS, the Florida Environmental Land and Water 14 Management Act of 1972 authorizes the Administration Commission 15 to designate areas of critical state concern, and 16 WHEREAS, the designated areas of critical state concern in 17 this state are Big Cypress Area, encompassing portions of 18 Collier, Miami-Dade, and Monroe Counties; Green Swamp Area, 19 encompassing portions of Polk and Lake Counties; Key West Area 20 in Monroe County; Florida Keys Area in Monroe County; and 21 Apalachicola Bay Area in Franklin County, and 22 WHEREAS, the Department of Economic Opportunity must review 23 and approve land development regulations or local comprehensive 24 plans or amendments submitted by an area of critical state 25 concern, and 26 WHEREAS, this state, through its chapter 380 oversight 27 authority over development in the Florida Keys, limits the 28 number of building permits that Monroe County and its 29 municipalities may issue each year for construction of new 30 housing units on undeveloped lots, and 31 WHEREAS, this state imposes such growth limits in the 32 Florida Keys and Key West Areas of Critical State Concern in 33 order to provide for safe and timely hurricane evacuation of 34 residents and visitors from the Florida Keys due to the limited 35 capacity of the Overseas Highway, the sole evacuation route for 36 most of the Keys, and 37 WHEREAS, Monroe County adopted its rate of growth ordinance 38 in 1992 as a direct result of state-imposed legislative and 39 administrative mandates that limit residential growth, and 40 WHEREAS, the number of privately owned, buildable, vacant 41 parcels in the Florida Keys vastly exceeds the number of permits 42 allocated by the state-imposed growth limits and the Florida 43 Keys is fast approaching “buildout,” at which point no more 44 permits are to be allocated by the state, and 45 WHEREAS, the state-imposed growth limits have already 46 prompted a number of inverse condemnation and other property 47 rights-related suits when property owners have been unable to 48 obtain permits to build on undeveloped lots, and 49 WHEREAS, the state and the local governments in Monroe 50 County have been operating under a long-standing partnership 51 governing the joint defense of these cases through mutual 52 litigation support and cooperation in exchange for an 53 understanding that each entity would bear half of any liability 54 imposed, and 55 WHEREAS, the joint defense partnership has resulted in 56 successful defenses in 26 of the 28 claims to date, and 57 WHEREAS, property owners in areas of critical state concern 58 who obtain inverse condemnation and other property rights 59 related compensation awards deserve to have their awards paid in 60 a timely manner, and 61 WHEREAS, current law hinders the ability of the state to 62 meet its own obligation to expeditiously compensate the property 63 owners, and 64 WHEREAS, when a court has determined that a parcel has been 65 taken as a result of the state-imposed growth limits, the 66 Legislature should provide the property owner with a more 67 expedient and certain process for recovering the compensation 68 due him or her from the local government and the state, as 69 guaranteed under the United States Constitution and the Florida 70 Constitution, NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. This act may be cited as the “Florida Keys 75 Property Rights Protection Act.” 76 Section 2. Section 380.0501, Florida Statutes, is created 77 to read: 78 380.0501 Apportionment of awards of damages for takings 79 claims within an area of critical state concern.— 80 (1) In a state court proceeding brought for inverse 81 condemnation, or any other property rights-related action for 82 compensation in which the state is named as a codefendant with a 83 local government located in an area of critical state concern or 84 is named as a third-party defendant by a local government 85 located in an area of critical state concern, the court shall 86 require the state and the local government to each pay half of 87 any award of compensation, costs, attorney fees, and prejudgment 88 interest to the property owner if: 89 (a) The court has found both the state and the local 90 government liable for the taking; and 91 (b) The regulation restricting development or use of the 92 property was mandated or approved by the state land planning 93 agency or the Administration Commission under s. 380.05. 94 (2) The state court shall enter separate judgments against 95 the state and local government for the apportioned amounts. 96 (3) A governmental entity named as a judgment debtor in a 97 judgment entered under this section is only liable for 98 postjudgment interest on the judgment entered against it and is 99 not liable for postjudgment interest on the judgment entered 100 against the other governmental entity. This section does not 101 prohibit a court from awarding a separate judgment for attorney 102 fees and costs pursuant to the limitations set forth in this 103 section. 104 (4) If, before the date of enactment of this section, a 105 state court has entered a judgment jointly and severally against 106 the state and a local government in a case that satisfies the 107 conditions in paragraphs (1)(a) and (b), the state must 108 reimburse the local government for 50 percent of the total 109 amount the local government paid to satisfy that judgment. 110 (5) If a federal court grants any award of compensation, 111 costs, attorney fees, or prejudgment interest on a claim for 112 inverse condemnation or any other property rights-related action 113 against a local government located in an area of critical state 114 concern and the claim involves a land development regulation 115 mandated or approved by the state land planning agency or the 116 Administration Commission under s. 380.05, the state must 117 reimburse the local government for 50 percent of the total 118 amount the local government paid, inclusive of interest, costs, 119 and attorney fees. 120 Section 3. This act shall take effect upon becoming a law.