Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1766
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/05/2020 .
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The Committee on Judiciary (Lee) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 31 - 153
4 and insert:
5 Section 1. Subsections (4), (5), and (6) and paragraph (a)
6 of subsection (11) of section 70.001, Florida Statutes, are
7 amended to read:
8 70.001 Private property rights protection.—
9 (4)(a) Not less than 90 150 days before prior to filing an
10 action under this section against a governmental entity, a
11 property owner who seeks compensation under this section must
12 present the claim in writing to the head of the governmental
13 entity, except that if the property is classified as
14 agricultural pursuant to s. 193.461, the notice period is 90
15 days. The property owner must submit, along with the claim, a
16 bona fide, valid appraisal that supports the claim and
17 demonstrates the loss in fair market value to the real property.
18 If the action of government is the culmination of a process that
19 involves more than one governmental entity, or if a complete
20 resolution of all relevant issues, in the view of the property
21 owner or in the view of a governmental entity to whom a claim is
22 presented, requires the active participation of more than one
23 governmental entity, the property owner shall present the claim
24 as provided in this section to each of the governmental
25 entities.
26 (b) The governmental entity shall provide written notice of
27 the claim to all parties to any administrative action that gave
28 rise to the claim, and to owners of real property contiguous to
29 the owner’s property at the addresses listed on the most recent
30 county tax rolls. Within 15 days after the claim is presented,
31 the governmental entity shall report the claim in writing to the
32 Department of Legal Affairs, and shall provide the department
33 with the name, address, and telephone number of the employee of
34 the governmental entity from whom additional information may be
35 obtained about the claim during the pendency of the claim and
36 any subsequent judicial action.
37 (c) During the 90-day-notice period or the 150-day-notice
38 period, unless extended by agreement of the parties, the
39 governmental entity shall make a written settlement offer to
40 effectuate:
41 1. An adjustment of land development or permit standards or
42 other provisions controlling the development or use of land.
43 2. Increases or modifications in the density, intensity, or
44 use of areas of development.
45 3. The transfer of developmental rights.
46 4. Land swaps or exchanges.
47 5. Mitigation, including payments in lieu of onsite
48 mitigation.
49 6. Location on the least sensitive portion of the property.
50 7. Conditioning the amount of development or use permitted.
51 8. A requirement that issues be addressed on a more
52 comprehensive basis than a single proposed use or development.
53 9. Issuance of the development order, a variance, a special
54 exception, or any other extraordinary relief.
55 10. Purchase of the real property, or an interest therein,
56 by an appropriate governmental entity or payment of
57 compensation.
58 11. No changes to the action of the governmental entity.
59
60 If the property owner accepts a settlement offer, either before
61 or after filing an action, the governmental entity may implement
62 the settlement offer by appropriate development agreement; by
63 issuing a variance, a special exception, or any other
64 extraordinary relief; or by any other appropriate method,
65 subject to paragraph (d).
66 (d)1. When a governmental entity enters into a settlement
67 agreement under this section which would have the effect of a
68 modification, variance, or a special exception to the
69 application of a rule, regulation, or ordinance as it would
70 otherwise apply to the subject real property, the relief granted
71 shall protect the public interest served by the regulations at
72 issue and be the appropriate relief necessary to prevent the
73 governmental regulatory effort from inordinately burdening the
74 real property. Settlement offers made pursuant to paragraph (c)
75 shall be presumed to protect the public interest.
76 2. When a governmental entity enters into a settlement
77 agreement under this section which would have the effect of
78 contravening the application of a statute as it would otherwise
79 apply to the subject real property, the governmental entity and
80 the property owner shall jointly file an action in the circuit
81 court where the real property is located for approval of the
82 settlement agreement by the court to ensure that the relief
83 granted protects the public interest served by the statute at
84 issue and is the appropriate relief necessary to prevent the
85 governmental regulatory effort from inordinately burdening the
86 real property.
87
88 ================= T I T L E A M E N D M E N T ================
89 And the title is amended as follows:
90 Delete lines 3 - 11
91 and insert:
92 70.001, F.S.; revising notice of claim requirements
93 for property owners; creating a presumption that
94 certain settlement offers protect the public interest;
95 specifying that property owners retain the