House Bill 1889c1

    Florida House of Representatives - 1998             CS/HB 1889

        By the Committee on Agriculture and Representatives
    Putnam, Thrasher, Valdes, Harrington, Minton, Sembler,
    Bronson, Mackey, Dockery, Maygarden, Peaden, Byrd, Kelly,
    Feeney, Bainter and Spratt



  1                      A bill to be entitled

  2         An act relating to property rights; amending s.

  3         70.001, F.S.; expanding the applicability of

  4         the Bert J. Harris, Jr., Private Property

  5         Rights Protection Act; amending s. 73.071,

  6         F.S.; providing criteria for compensation by

  7         the jury with respect to certain property to be

  8         acquired; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (12) of section 70.001, Florida

13  Statutes, is amended to read:

14         70.001  Private property rights protection.--

15         (12)  No cause of action exists under this section as

16  to the application of any law enacted on or before May 11,

17  1990 1995, or as to the application of any rule, regulation,

18  or ordinance adopted, or formally noticed for adoption, on or

19  before that date.  A subsequent amendment to any such law,

20  rule, regulation, or ordinance gives rise to a cause of action

21  under this section only to the extent that the application of

22  the amendatory language imposes an inordinate burden apart

23  from the law, rule, regulation, or ordinance being amended.

24         Section 2.  Paragraphs (a) and (b) of subsection (3) of

25  section 73.071, Florida Statutes, are amended to read:

26         73.071  Jury trial; compensation; severance damages.--

27         (3)  The jury shall determine solely the amount of

28  compensation to be paid, which compensation shall include:

29         (a)  The value of the property sought to be

30  appropriated. When the use of the property sought to be

31  acquired is an agricultural operation as defined in s.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 1889

    188-544-98






  1  570.02(1), income from farming is attributable to real

  2  estate.;

  3         (b)  Where less than the entire property is sought to

  4  be appropriated, any damages to the remainder caused by the

  5  taking, including, when the action is by the Department of

  6  Transportation, county, municipality, board, district or other

  7  public body for the condemnation of a right-of-way, and the

  8  effect of the taking of the property involved may damage or

  9  destroy an established business of more than 5 years'

10  standing, owned by the party whose lands are being so taken,

11  located upon adjoining lands owned or held by such party, the

12  probable damages to such business which the denial of the use

13  of the property so taken may reasonably cause; any person

14  claiming the right to recover such special damages shall set

15  forth in his or her written defenses the nature and extent of

16  such damages.; and

17         Section 3.  This act shall take effect July 1 of the

18  year in which enacted.

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