Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 620
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Hutson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 82 - 290
    4  and insert:
    5  may be recovered by a business may not exceed the present value
    6  of the business’ future lost profits for the lesser of 7 years
    7  or the number of years the business had been in operation in the
    8  jurisdiction before the ordinance or charter provision was
    9  enacted.
   10         (c) A county or municipality is not liable for business
   11  damages caused by:
   12         1. An ordinance or charter provision that is required to
   13  comply with state or federal law;
   14         2. Emergency ordinances, declarations, or orders adopted by
   15  a county or municipality under ss. 252.31-252.60, the State
   16  Emergency Management Act;
   17         3. A temporary emergency ordinance enacted pursuant to s.
   18  125.66 or s. 166.041 which remains in effect for no more than 90
   19  days;
   20         4. An ordinance or charter provision enacted to implement:
   21         a. Part II of chapter 163, relating to growth policy,
   22  county and municipal planning, and land development regulation;
   23         b. Section 553.73, relating to the Florida Building Code;
   24  or
   25         c. Section 633.202, relating to the Florida Fire Prevention
   26  Code;
   27         5. An ordinance or charter provision required to implement
   28  a contract or agreement, including, but not limited to, any
   29  federal, state, local, or private grant, or other financial
   30  assistance accepted by a county or municipal government;
   31         6. An ordinance or charter provision relating to the
   32  issuance or refinancing of debt;
   33         7. An ordinance or charter provision relating to the
   34  adoption of a budget or budget amendment;
   35         8.An ordinance or charter provision relating to
   36  procurement; or
   37         9.An ordinance or charter provision intended to promote,
   38  enable, or facilitate economic competition.
   40         (a) At least 180 days before a business files an action
   41  under this section against a county or municipality and within
   42  180 days after the effective date of the relevant ordinance or
   43  charter provision, the business must present a written offer to
   44  settle the business’ claim for business damages to the head of
   45  the county or municipality enacting or amending the ordinance.
   46  The settlement offer must be made in good faith and include an
   47  explanation of the nature, extent, and monetary amount of
   48  damages and must be prepared by the owner, a certified public
   49  accountant, or a business damage expert familiar with the nature
   50  of the operations of the business. The business must also
   51  provide copies of the business’ records that substantiate the
   52  offer to settle the business damage claim. If additional
   53  information is needed beyond the data that may be obtained from
   54  business records existing at the time of the offer, the business
   55  and county or municipality may agree on a schedule for the
   56  submission of that information.
   57         (b) Within 120 days after receipt of the good faith
   58  business damage offer and accompanying business records, the
   59  county or municipality must, by certified mail, accept or reject
   60  the business’ offer or make a counteroffer, which may include an
   61  offer to grant a waiver to the application of the ordinance or
   62  charter provision.
   63         (c)If a business files an action for business damages, it
   64  must be filed within 1 year after the effective date of the
   65  relevant ordinance, ordinance amendment, or charter provision.
   66         (d) Evidence of negotiations or of any written or oral
   67  statements used in mediation or negotiations between the parties
   68  under this section is inadmissible in any proceeding for
   69  business damages, except in a proceeding to determine reasonable
   70  costs and attorney fees.
   71         (e)In an action for business damages, the court may award
   72  reasonable attorney fees and costs to the prevailing party.
   73         (4)OPPORTUNITY TO CURE.—There is no liability under this
   74  section for a county or municipality that, within the 120-day
   75  timeframe provided for in paragraph (3)(b):
   76         (a) Repeals the ordinance or charter provision that gave
   77  rise to the business’ claim;
   78         (b) Amends the ordinance or charter provision that gave
   79  rise to the business’ claim in a manner that returns the
   80  ordinance or charter provision to its form in existence before
   81  the business’ claim arose;
   82         (c) Publishes notice of its intent to repeal or amend the
   83  ordinance that gave rise to the business’ claim and, within 30
   84  days after publication of the notice, amends the ordinance in a
   85  manner that returns the ordinance to its form in existence
   86  before the business’ claim arose or repeals the ordinance;
   87         (d)Grants a waiver of the ordinance or charter provision
   88  to a business submitting a claim for business damages; or
   89         (e)With respect to a charter provision, the county
   90  provides notice of its intent to amend or repeal the charter
   91  provision that is the basis of the business damage claim and the
   92  charter provision is amended or repealed by the voters at an
   93  election or special election that occurs within 90 days after
   94  publication of the notice.
   95         (5) APPLICATION; CONSTRUCTION.—This section does not apply
   97  ================= T I T L E  A M E N D M E N T ================
   98  And the title is amended as follows:
   99         Delete lines 13 - 31
  100  and insert:
  101         business damages; authorizing courts to award
  102         reasonable attorney fees and costs to prevailing
  103         parties; specifying that counties and municipalities
  104         are not liable for damages if they take certain
  105         actions within a specified timeframe;