SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 855844
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 37, between lines 16 & 17,
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16  and insert:  
17         Section 28.  Section 59 of chapter 99-385, Laws of
18  Florida, is repealed.
19         Section 29.  Subsection (3) of section 73.071, Florida
20  Statutes, is amended to read:
21         73.071  Jury trial; compensation; severance damages;
22  business damages.--
23         (3)  The jury shall determine solely the amount of
24  compensation to be paid, which compensation shall include:
25         (a)  The value of the property sought to be
26  appropriated;
27         (b)  Where less than the entire property is sought to
28  be appropriated, any damages to the remainder caused by the
29  taking, including, when the action is by the Department of
30  Transportation, county, municipality, board, district or other
31  public body for the condemnation of a right-of-way, and the
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    7:55 PM   03/20/02                               s0502.ca09.0a

SENATE AMENDMENT Bill No. CS for CS for CS for SB 502 Amendment No. ___ Barcode 855844 1 effect of the taking of the property involved may damage or 2 destroy an established business of more than 4 years' standing 3 before January 1, 2005, or the effect of the taking of the 4 property involved may damage or destroy an established 5 business of more than 5 years' standing on or after January 1, 6 2005, owned by the party whose lands are being so taken, 7 located upon adjoining lands owned or held by such party, the 8 probable damages to such business which the denial of the use 9 of the property so taken may reasonably cause; any person 10 claiming the right to recover such special damages shall set 11 forth in his or her written defenses the nature and extent of 12 such damages; and 13 (c) Where the appropriation is of property upon which 14 a mobile home, other than a travel trailer as defined in s. 15 320.01, is located, whether or not the owner of the mobile 16 home is an owner or lessee of the property involved, and the 17 effect of the taking of the property involved requires the 18 relocation of such mobile home, the reasonable removal or 19 relocation expenses incurred by such mobile home owner, not to 20 exceed the replacement value of such mobile home. The 21 compensation paid to a mobile home owner under this paragraph 22 shall preclude an award to a mobile home park owner for such 23 expenses of removal or relocation. Any mobile home owner 24 claiming the right to such removal or relocation expenses 25 shall set forth in his or her written defenses the nature and 26 extent of such expenses. This paragraph shall not apply to 27 any governmental authority exercising its power of eminent 28 domain when reasonable removal or relocation expenses must be 29 paid to mobile home owners under other provisions of law or 30 agency rule applicable to such exercise of power. 31 2 7:55 PM 03/20/02 s0502.ca09.0a
SENATE AMENDMENT Bill No. CS for CS for CS for SB 502 Amendment No. ___ Barcode 855844 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 28, after the semicolon 4 5 and insert: 6 repealing s. 59, ch. 99-385, Laws of Florida; 7 abrogating the repeal of provisions governing 8 business damages in eminent domain actions; 9 amending s. 73.071, F.S.; providing for the age 10 required of a standing business in order to 11 qualify for business damages; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 7:55 PM 03/20/02 s0502.ca09.0a