Amendment
Bill No. HB 881
Amendment No. 877109
CHAMBER ACTION
Senate House
.
.
.






1Representatives Seiler and Precourt offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 49-174 and insert:
5defined in s. 380.04, that is in effect for longer than 1 year
6does not necessarily constitute a temporary impact to real
7property and, thus, depending upon the particular circumstances,
8may constitute an "inordinate burden" as provided herein.
9     (4)(a)  Not less than 120 180 days prior to filing an
10action under this section against a governmental entity, a
11property owner who seeks compensation under this section must
12present the claim in writing to the head of the governmental
13entity, except that if the property is classified as
14agricultural pursuant to s. 193.461, the notice period is 90
15days. The property owner must submit, along with the claim, a
16bona fide, valid appraisal that supports the claim and
17demonstrates the loss in fair market value to the real property.
18If the action of government is the culmination of a process that
19involves more than one governmental entity, or if a complete
20resolution of all relevant issues, in the view of the property
21owner or in the view of a governmental entity to whom a claim is
22presented, requires the active participation of more than one
23governmental entity, the property owner shall present the claim
24as provided in this section to each of the governmental
25entities.
26     (c)  During the 90-day-notice period or the 120-day-notice
27180-day-notice period, unless extended by agreement of the
28parties, the governmental entity shall make a written settlement
29offer to effectuate:
30     1.  An adjustment of land development or permit standards
31or other provisions controlling the development or use of land.
32     2.  Increases or modifications in the density, intensity,
33or use of areas of development.
34     3.  The transfer of developmental rights.
35     4.  Land swaps or exchanges.
36     5.  Mitigation, including payments in lieu of onsite
37mitigation.
38     6.  Location on the least sensitive portion of the
39property.
40     7.  Conditioning the amount of development or use
41permitted.
42     8.  A requirement that issues be addressed on a more
43comprehensive basis than a single proposed use or development.
44     9.  Issuance of the development order, a variance, special
45exception, or other extraordinary relief.
46     10.  Purchase of the real property, or an interest therein,
47by an appropriate governmental entity, or payment of
48compensation.
49     11.  No changes to the action of the governmental entity.
50
51If the property owner accepts the settlement offer, the
52governmental entity may implement the settlement offer by
53appropriate development agreement; by issuing a variance,
54special exception, or other extraordinary relief; or by other
55appropriate method, subject to paragraph (d).
56     (5)(a)  During the 90-day-notice period or the 120-day-
57notice 180-day-notice period, unless a settlement offer is
58accepted by the property owner, each of the governmental
59entities provided notice pursuant to paragraph (4)(a) shall
60issue a written ripeness decision identifying the allowable uses
61to which the subject property may be put. The failure of the
62governmental entity to issue such a written ripeness decision
63during the applicable 90-day-notice period or 120-day-notice
64180-day-notice period shall cause be deemed to ripen the prior
65action of the governmental entity to become its final decision,
66for purposes of this section, identifying the uses for the
67subject property, and shall operate as a ripeness decision that
68has been rejected by the property owner. Whether rendered by
69submission of a written decision during the 120-day-notice
70period or by failure to submit such a written decision, the
71final decision of the governmental entity produced under this
72paragraph operates as a final decision that has been rejected by
73the property owner. This final The ripeness decision, as a
74matter of law, constitutes the last prerequisite to judicial
75review on the merits, and the matter shall be deemed ripe or
76final for the purposes of the judicial proceeding created by
77this section, notwithstanding the availability of other
78administrative remedies.
79     (6)
80     (c)1.  In any action filed pursuant to this section, the
81property owner is entitled to recover reasonable costs and
82attorney fees incurred by the property owner, from the
83governmental entity or entities, according to their
84proportionate share as determined by the court, from the date of
85the filing of the circuit court action, if the property owner
86prevails in the action and the court determines that the
87settlement offer, including the ripeness decision, of the
88governmental entity or entities did not constitute a bona fide
89offer to the property owner which reasonably would have resolved
90the claim, based upon the knowledge available to the
91governmental entity or entities and the property owner during
92the 90-day-notice period or the 120-day-notice 180-day-notice
93period.
94     2.  In any action filed pursuant to this section, the
95governmental entity or entities are entitled to recover
96reasonable costs and attorney fees incurred by the governmental
97entity or entities from the date of the filing of the circuit
98court action, if the governmental entity or entities prevail in
99the action and the court determines that the property owner did
100not accept a bona fide settlement offer, including the ripeness
101decision, which reasonably would have resolved the claim fairly
102to the property owner if the settlement offer had been accepted
103by the property owner, based upon the knowledge available to the
104governmental entity or entities and the property owner during
105the 90-day-notice period or the 120-day-notice 180-day-notice
106period.
107     3.  The determination of total reasonable costs and
108attorney fees pursuant to this paragraph shall be made by the
109court and not by the jury. Any proposed settlement offer or any
110proposed ripeness decision, except for the final written
111settlement offer or the final written ripeness decision, and any
112negotiations or rejections in regard to the formulation either
113of the settlement offer or the ripeness decision, are
114inadmissible in the subsequent proceeding established by this
115section except for the purposes of the determination pursuant to
116this paragraph.
117     (11)  A cause of action may not be commenced under this
118section if the claim is presented more than 1 year after a law
119or regulation is first applied by the governmental entity to the
120property at issue. For purposes of this section, enacting a law
121or adopting a regulation does not constitute applying the law or
122regulation to a property; however, in determining whether an
123inordinate burden has been imposed on the real property as
124provided for in this section, consideration may be given to the
125length of time that has elapsed since the enactment of a law or
126the adoption of a rule, regulation, or ordinance and its
127application. If an owner seeks relief from the governmental
128action through lawfully available administrative or judicial
129proceedings, the time for bringing an action under this section
130is tolled until the conclusion of such proceedings.
131     (13)  In accordance with s. 13, Art. X of the State
132Constitution, the state, for itself and for its agencies or
133political subdivisions, waives sovereign immunity for causes of
134action based upon the application of any law, regulation, or
135ordinance subject to this section, but only to the extent
136
137
-----------------------------------------------------
138
T I T L E  A M E N D M E N T
139     Remove lines 7-10 and insert:
140identifying the allowable uses for a property; providing that
141enactment of a law or adoption of a regulation does not
142constitute applying the law or regulation; provides a factor
143that may be considered in determining whether an inordinate
144burden has been imposed on the real property; providing for a


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