Senate Bill sb2232

    Florida Senate - 2006                                  SB 2232

    By Senator Bennett





    21-1603-06

  1                      A bill to be entitled

  2         An act relating to eminent domain proceedings;

  3         amending s. 73.091, F.S.; limiting the amount

  4         of fees that a court may require a condemning

  5         authority to pay for expert witnesses assisting

  6         in the defense of an eminent domain proceeding;

  7         providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (1) of section 73.091, Florida

12  Statutes, is amended to read:

13         73.091  Costs of the proceedings.--

14         (1)  The petitioner shall pay attorney's fees as

15  provided in s. 73.092 as well as all reasonable costs incurred

16  in the defense of the proceedings in the circuit court,

17  including, but not limited to, reasonable appraisal fees and,

18  when business damages are compensable, a reasonable

19  accountant's fee, to be assessed by that court. No prejudgment

20  interest shall be paid on costs or attorney's fees. If the

21  amount of compensation awarded or agreed to for the taking is

22  $250,000 or less, the total fees awarded for experts assisting

23  in such a defense may not be less than $5,000 or more than 20

24  percent of the amount of compensation. If the amount of the

25  compensation awarded or agreed to for the taking exceeds

26  $250,000, the total fees awarded for experts may not exceed

27  $50,000 plus 25 percent of the amount by which such

28  compensation exceeds $250,000.

29         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2232
    21-1603-06




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 2                          SENATE SUMMARY

 3    Limits the amount of fees that a court may require a
      condemning authority to pay for expert witnesses in
 4    defending an eminent domain proceeding.

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CODING: Words stricken are deletions; words underlined are additions.