s0092 1998 SENATE AMENDMENT Bill No. SB 92 Amendment No. CHAMBER ACTION Senate House . . 1 . . 2 . . 3 . . 4 5 6 7 8 9 10 11 Senator Grant moved the following amendment: 12 13 Senate Amendment (with title amendment) 14 Delete everything after the enacting clause 15 16 and insert: 17 Section 1. Section 73.0511, Florida Statutes, is 18 amended to read: 19 73.0511 Prelitigation H Senator Grant moved the following amendment: Delete everything after the enacting clause Delete everything before the enacting clause,
notice.-- 20 (1) Prelitigation notice to fee owners.--BeforePrior21toinstituting litigation, the condemning authority shall 22 notify the fee owners appearing of record on the date the 23 offer is made of statutory rights under s. 73.091 and shall 24 make a written offer of full compensation naming the fee 25 owners to whom it is made. 26 (2) Exchange of appraisals.-- 27 (a) After the offer is made, the fee owner may request 28 a copy of the most current appraisal and construction plans 29 pertaining to the property upon which the offer is based. The 30 governmental condemning authority shall provide the appraisal 31 and plans within 15 days of the request. Notwithstanding the 1 5:58 PM 01/05/98 s0092.ju13.0aSENATE AMENDMENT Bill No. SB 92 Amendment No. 1 foregoing, however, with respect to lands acquired under s. 2 259.041, the condemning authority is not required to give the 3 fee owners the current appraisal before execution of an option 4 contract to purchase the property. 5 (b) Within 30 days after receipt of the governmental 6 condemning authority's appraisal, the fee owners shall provide 7 to the governmental condemning authority a copy of the most 8 current appraisal of the property prepared during the prior 3 9 years which is within the control or possession of the owner. 10 (3) Prelitigation notice to business owners.--Before 11 instituting litigation, the governmental condemning authority 12 shall make a good-faith effort to notify the onsite operators 13 of businesses located on property to be acquired for a 14 proposed road right-of-way project of all statutory rights 15 under s. 73.091. The governmental condemning authority, if 16 requested, shall within 30 days provide to the owner or onsite 17 operator of the business a copy of the construction plans, if 18 any, and right-of-way maps pertaining to the property to be 19 acquired. 20 (4) Business records.--After a governmental condemning 21 authority tenders a prelitigation offer under subsection (1), 22 the governmental condemning authority may seek to obtain from 23 the owner or onsite operator of the business a copy of the 24 business records kept in the ordinary course of business, if 25 available. For the purposes of this section and s. 26 73.092(1)(a)2., the term "business records" means copies of 27 federal income tax returns, federal income tax withholding 28 statements, federal miscellaneous income tax statements, 29 balance sheets, profit and loss statements, and state 30 corporate income tax returns attributable to the business 31 operation on the property to be acquired for the 3 years 2 5:58 PM 01/05/98 s0092.ju13.0a SENATE AMENDMENT Bill No. SB 92 Amendment No. 1 preceding notification. If any of these records are 2 consolidated with records of other business operations not on 3 the property to be acquired, then it will be sufficient in the 4 alternative that edited portions of the business records 5 attributable to the business operation on the property to be 6 acquired for the 3 years preceding notification be provided in 7 addition to a signed acknowledgment from the business owner. 8 This subsection is not mandatory and may not be construed as a 9 condition for claiming business damages but is intended solely 10 for the purpose of encouraging prelitigation settlements. All 11 business records must be kept confidential by the governmental 12 condemning authority and used only for the purposes of a 13 written offer or in the condemnation suit for the property to 14 be acquired. 15 (c) After the owner or onsite operator of the business 16 furnishes the business records in response to a request, the 17 governmental condemning authority may make a written offer of 18 settlement for business damages. If an eminent domain action 19 is initiated under chapter 73 or chapter 74 for acquisition of 20 the property more than 90 days after the governmental 21 condemning authority has received the business records, it 22 shall include the amount of its good-faith estimate of 23 business damages in its declaration of taking and shall 24 deposit the amount of the business damage estimate into the 25 court registry. The good-faith estimate constitutes a written 26 offer of settlement. 27 Section 2. Subsection (3) of section 73.071, Florida 28 Statutes, is amended to read: 29 73.071 Jury trial; compensation; severance damages.-- 30 (3) The jury shall determine solely the amount of 31 compensation to be paid, which compensation shall include: 3 5:58 PM 01/05/98 s0092.ju13.0a SENATE AMENDMENT Bill No. SB 92 Amendment No. 1 (a) The value of the property sought to be 2 appropriated. ;When the use of the property sought to be 3 acquired is an agricultural operation as defined in s. 4 570.02(1), income from farming is attributable to real estate. 5 (b) Where less than the entire property is sought to 6 be appropriated, any damages to the remainder caused by the 7 taking., including,8 (c) When the action is by the Department of 9 Transportation, county, municipality, board, district or other 10 public body for the condemnation of a right-of-way, and the 11 effect of the taking of the property involved or substantial 12 dimunition of access may damage or destroy an established 13 business of more than 35years' standing at that business 14 location, owned and operated at that location by the party 15 whose property is being taken or whose access is being 16 substantially diminishedlands are being so taken, located17upon adjoining lands owned or held by such party, the probable 18 damages to such business which the denial of the use of the 19 propertysotaken or access substantially diminished may 20 reasonably cause; any person claiming the right to recover 21 such special damages shall set forth in his or her written 22 defenses the nature and extent of such damages.; andThe total 23 compensation awarded for business damages may not exceed the 24 fair market value of the business and reasonable moving 25 expenses. 26 (d) Evidence of the ability to mitigate severance and 27 business damages on site or by relocating all or part of the 28 business to an adjacent property or to another comparable 29 location in the same market trade area may be considered when 30 the cost of mitigation is less than the total severance and 31 business damages claimed. Any increased costs of operation and 4 5:58 PM 01/05/98 s0092.ju13.0aSENATE AMENDMENT Bill No. SB 92 Amendment No. 1 reasonable expenses of mitigation resulting from the onsite 2 mitigation plan or from the relocation of the business to 3 another comparable location in the same market trade area, 4 together with moving costs, downtime losses, and unmitigated 5 damages, may be included when determining severance damages, 6 business damages, and the total cost to cure payable to the 7 claimant. 8 (e) (c)Where the appropriation is of property upon 9 which a mobile home, other than a travel trailer as defined in 10 s. 320.01, is located, whether or not the owner of the mobile 11 home is an owner or lessee of the property involved, and the 12 effect of the taking of the property involved requires the 13 relocation of such mobile home, the reasonable removal or 14 relocation expenses incurred by such mobile home owner, not to 15 exceed the replacement value of such mobile home. The 16 compensation paid to a mobile home owner under this paragraph 17 shall preclude an award to a mobile home park owner for such 18 expenses of removal or relocation. Any mobile home owner 19 claiming the right to such removal or relocation expenses 20 shall set forth in his or her written defenses the nature and 21 extent of such expenses. This paragraph shall not apply to 22 any governmental authority exercising its power of eminent 23 domain when reasonable removal or relocation expenses must be 24 paid to mobile home owners under other provisions of law or 25 agency rule applicable to such exercise of power. 26 Section 3. Subsection (2) of section 337.27, Florida 27 Statutes, is repealed. 28 Section 4. This act shall take effect July 1, 1998. 29 30 31 5 5:58 PM 01/05/98 s0092.ju13.0aSENATE AMENDMENT Bill No. SB 92 Amendment No. 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause, 4 5 and insert: 6 A bill to be entitled 7 An act relating to eminent domain; amending s. 8 73.0511, F.S.; providing for a written offer of 9 compensation to fee owners as part of the 10 prelitigation notice; providing for an exchange 11 of appraisals; requiring the governmental 12 condemning authority to notify onsite business 13 operators; providing for access to confidential 14 business records; amending s. 73.071, F.S.; 15 providing criteria for compensation by jury; 16 repealing s. 337.27(2), F.S., relating to the 17 exercise of the power of eminent domain by the 18 Department of Transportation; providing an 19 effective date. 20 21 22 23 24 25 26 27 28 29 30 31 6 5:58 PM 01/05/98 s0092.ju13.0a