Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1766
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.
   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