Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1720
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LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 20 - 102
4 and insert:
5 Section 1. Subsection (6) and paragraph (a) of subsection
6 (11) of section 70.001, Florida Statutes, are amended to read:
7 70.001 Private property rights protection.—
8 (6)(a) The circuit court shall determine whether an
9 existing use of the real property or a vested right to a
10 specific use of the real property existed and, if so, whether,
11 considering the settlement offer and statement of allowable
12 uses, the governmental entity or entities have inordinately
13 burdened the real property. If the actions of more than one
14 governmental entity, considering any settlement offers and
15 statement of allowable uses, are responsible for the action that
16 imposed the inordinate burden on the real property of the
17 property owner, the court shall determine the percentage of
18 responsibility each such governmental entity bears with respect
19 to the inordinate burden. A governmental entity may take an
20 interlocutory appeal of the court’s determination that the
21 action of the governmental entity has resulted in an inordinate
22 burden. An interlocutory appeal does not automatically stay the
23 proceedings; however, the court may stay the proceedings during
24 the pendency of the interlocutory appeal. If the governmental
25 entity does not prevail in the interlocutory appeal, the court
26 shall award to the prevailing property owner the costs and a
27 reasonable attorney fee incurred by the property owner in the
28 interlocutory appeal.
29 (b) Following its determination of the percentage of
30 responsibility of each governmental entity, and following the
31 resolution of any interlocutory appeal, the court shall impanel
32 a jury to determine the total amount of compensation to the
33 property owner for the loss in value due to the inordinate
34 burden to the real property. The property owner may waive the
35 right to a jury and request that the court make such
36 determination. The award of compensation shall be determined by
37 calculating the difference in the fair market value of the real
38 property, as it existed at the time of the governmental action
39 at issue, as though the owner had the ability to attain the
40 reasonable investment-backed expectation or was not left with
41 uses that are unreasonable, whichever the case may be, and the
42 fair market value of the real property, as it existed at the
43 time of the governmental action at issue, as inordinately
44 burdened, considering the settlement offer together with the
45 statement of allowable uses, of the governmental entity or
46 entities. In determining the award of compensation,
47 consideration may not be given to business damages relative to
48 any development, activity, or use that the action of the
49 governmental entity or entities, considering the settlement
50 offer together with the statement of allowable uses has
51 restricted, limited, or prohibited. The award of compensation
52 shall include a reasonable award of prejudgment interest from
53 the date the claim was presented to the governmental entity or
54 entities as provided in subsection (4).
55 (c)1. In any action filed pursuant to this section, the
56 property owner is entitled to recover reasonable costs and
57 attorney fees incurred by the property owner, from the
58 governmental entity or entities, according to their
59 proportionate share as determined by the court, from the date of
60 the governmental entity’s denial of the claim made pursuant to
61
62 ================= T I T L E A M E N D M E N T ================
63 And the title is amended as follows:
64 Delete lines 3 - 7
65 and insert:
66 70.001, F.S.; authorizing a property owner to waive
67 the right to a jury and