SENATE AMENDMENT
Bill No. CS for SB 1164
Amendment No. ___ Barcode 211300
CHAMBER ACTION
Senate House
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11 Senator Lee moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 18 and 19,
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16 insert:
17 Section 2. Private property rights and regional
18 reservoirs.--
19 (1) The Legislature finds that construction of a
20 regional reservoir designed to store more than 10 billion
21 gallons of water may inordinately burden nearby real property
22 because of the proximity of the reservoir and may result in a
23 loss of value for the property owner. Therefore, a special
24 district or regional water supply authority that is authorized
25 to construct, operate, and maintain such a regional reservoir
26 shall be deemed a governmental entity for purposes of section
27 70.001, Florida Statutes, the Bert J. Harris, Jr., Private
28 Property Rights Protection Act.
29 (2) This section provides a cause of action for
30 governmental actions that may not rise to the level of a
31 taking under the State Constitution or the United States
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SENATE AMENDMENT
Bill No. CS for SB 1164
Amendment No. ___ Barcode 211300
1 Constitution. This section may not necessarily be construed
2 under the case law regarding takings if the governmental
3 action does not rise to the level of a taking. The provisions
4 of this section are cumulative and do not abrogate any other
5 remedy lawfully available, including any remedy lawfully
6 available for governmental actions that rise to the level of a
7 taking. However, a governmental entity shall not be liable
8 more than once for compensation due to an action of the
9 governmental entity that results in a loss of value for a
10 subject real property.
11 (3) Each owner of real property located within 10,000
12 feet of a site selected for the construction of a regional
13 reservoir as described in subsection (1) may present a claim
14 for compensation in writing to the head of the governmental
15 entity on or before December 31, 2004, for a loss in property
16 value resulting from the proximity of the reservoir. For each
17 claim presented under this section, section 70.001, Florida
18 Statutes, applies, except when there is conflict with this
19 act, the provisions of this act shall govern.
20 (a) The property owner must submit along with the
21 claim a bona fide, valid appraisal that supports the claim and
22 demonstrates the loss in fair market value to the real
23 property.
24 (b) A claim under this section shall be presented only
25 to the governmental entity that is authorized to construct,
26 operate, and maintain the reservoir.
27 (c) This act is repealed effective January 1, 2005.
28 However, the repeal of this act shall not affect a claim filed
29 on or before December 31, 2004.
30 (4) The Legislature recognizes that construction and
31 maintenance of the reservoir may not interfere with allowable
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SENATE AMENDMENT
Bill No. CS for SB 1164
Amendment No. ___ Barcode 211300
1 uses of real property located within 10,000 feet of the
2 reservoir. However, construction of the reservoir and its
3 proximity to certain real property may result in an actual
4 loss to the fair market value of the real property. Therefore,
5 any offer of compensation by the governmental entity shall be
6 based solely on the loss of value to the property owner as a
7 result of the proximity of the reservoir and not on the
8 effects the reservoir has on existing uses or on a vested
9 right to a specific use of real property.
10 (a) Notwithstanding section 70.001, Florida Statutes,
11 the governmental entity to whom a claim is presented shall,
12 not later than 180 days after receiving such claim:
13 1. Make a written offer to purchase the real property
14 if there is more than a 50-percent loss in value to the real
15 property as a result of the proximity of the reservoir and if
16 the property owner is a willing seller;
17 2. Make a written offer to purchase an interest in
18 rights of use which may become transferable development rights
19 to be held, sold, or otherwise disposed of by the governmental
20 entity; or
21 3. Terminate negotiations because there is no
22 measurable loss in value to the subject real property.
23 (b) An offer by the governmental entity to purchase
24 the property in fee or purchase an interest in rights of use
25 under this section shall cover the cost of the appraisal
26 required in subsection (3).
27 (5) During the 180-day period, unless the property
28 owner accepts a written offer for purchase pursuant to
29 subparagraph (4)(a)1. or 2., the governmental entity shall
30 issue a final decision stating that:
31 (a) The real property has a loss in value due to an
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SENATE AMENDMENT
Bill No. CS for SB 1164
Amendment No. ___ Barcode 211300
1 inordinate burden on the property resulting from the proximity
2 of the reservoir and the governmental entity and property
3 owner cannot reach agreement on the amount of compensation; or
4 (b) There is no measurable loss in value to the real
5 property resulting from the proximity of the reservoir.
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7 Failure of the governmental entity to issue a final decision
8 as required by this subsection shall cause the written offer
9 or termination of negotiations required in subsection (4) to
10 operate as a final decision. As a matter of law, this final
11 decision constitutes the last prerequisite to judicial review
12 of the merits for the purposes of the judicial proceeding
13 provided for in section 70.001, Florida Statutes.
14 (6) The circuit court, for purposes of this section,
15 shall determine whether, considering the written offer and
16 final decision, the governmental entity has inordinately
17 burdened the subject real property. Following a determination
18 that the governmental entity has inordinately burdened the
19 real property, the court shall impanel a jury to determine the
20 total amount of compensation to the property owner for the
21 loss in value due to the inordinate burden to the subject real
22 property.
23 (7) Pursuant to section 70.001, Florida Statutes, the
24 court may award reasonable costs and attorney's fees and the
25 court shall determine the amount. If the court awards the
26 property owner reasonable costs and attorney's fees, the costs
27 shall include the cost of the appraisal required in subsection
28 (3).
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30 (Redesignate subsequent sections.)
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SENATE AMENDMENT
Bill No. CS for SB 1164
Amendment No. ___ Barcode 211300
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 12, after the semicolon,
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5 insert:
6 providing legislative findings with respect to
7 loss of property values due to the proximity of
8 a regional water reservoir; authorizing a cause
9 of action for a property owner; specifying a
10 period during which a property owner may
11 present a claim for compensation to the
12 governmental entity that constructs, operates,
13 and maintains the reservoir; providing for
14 future repeal of the act; providing
15 requirements for the offer of compensation by a
16 governmental entity; providing for judicial
17 review under the Bert J. Harris, Jr., Private
18 Property Rights Protection Act; providing for
19 an award of costs and attorney's fees;
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