CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 757
Amendment No. 001 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Transportation offered the following:
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13 Amendment (with title amendment)
14 On page 21, of the bill between lines 6 and 7,
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17 Section 2. Section 59 of chapter 99-385, Laws of
18 Florida, is repealed.
19 Section 3. 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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File original & 9 copies 01/30/02
htr0002 02:06 pm 00757-tr -163673
HOUSE AMENDMENT
Bill No. HB 757
Amendment No. 001 (for drafter's use only)
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.
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File original & 9 copies 01/30/02
htr0002 02:06 pm 00757-tr -163673
HOUSE AMENDMENT
Bill No. HB 757
Amendment No. 001 (for drafter's use only)
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 1, line 14 after the semicolon,
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5 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;
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File original & 9 copies 01/30/02
htr0002 02:06 pm 00757-tr -163673