Senate Bill sb0248

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    Florida Senate - 2002                                   SB 248

    By the Committee on Comprehensive Planning, Local and Military
    Affairs




    316-248A-02

  1                      A bill to be entitled

  2         An act relating to eminent domain; repealing s.

  3         59, ch. 99-385, Laws of Florida; abrogating the

  4         repeal of provisions governing business damages

  5         in eminent domain actions; amending s. 73.071,

  6         F.S.; providing for the age required of a

  7         standing business in order to qualify for

  8         business damages; 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.  Section 59 of chapter 99-385, Laws of

13  Florida, is repealed.

14         Section 2.  Subsection (3) of section 73.071, Florida

15  Statutes, is amended to read:

16         73.071  Jury trial; compensation; severance damages;

17  business damages.--

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

19  compensation to be paid, which compensation shall include:

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

21  appropriated;

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

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

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

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

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

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

28  destroy an established business of more than 4 years' standing

29  before January 1, 2005, or the effect of the taking of the

30  property involved may damage or destroy an established

31  business of more than 5 years' standing on or after January 1,

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    Florida Senate - 2002                                   SB 248
    316-248A-02




  1  2005, owned by the party whose lands are being so taken,

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

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

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

  5  claiming the right to recover such special damages shall set

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

  7  such damages; and

  8         (c)  Where the appropriation is of property upon which

  9  a mobile home, other than a travel trailer as defined in s.

10  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.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2002                                   SB 248
    316-248A-02




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  2                          SENATE SUMMARY

  3    Abrogates the repeal of provisions governing business
      damages in eminent domain actions. Prescribes the age
  4    required of a standing business in order to qualify for
      business damages.
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