Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for SB 620 Ì834272&Î834272 LEGISLATIVE ACTION Senate . House . . . Floor: 2c/AD/2R . 01/27/2022 03:13 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hutson moved the following: 1 Senate Amendment to Substitute Amendment (609228) 2 3 Delete lines 68 - 111 4 and insert: 5 the county or municipality enacting or amending the ordinance or 6 charter provision. The settlement offer must be made in good 7 faith and include an explanation of the nature, extent, and 8 monetary amount of damages and must be prepared by the owner, a 9 certified public accountant, or a business damage expert 10 familiar with the nature of the operations of the business. The 11 business must also provide copies of the business’ records that 12 substantiate the offer to settle the business damage claim. If 13 additional information is needed beyond the data that may be 14 obtained from business records existing at the time of the 15 offer, the business and county or municipality may agree on a 16 schedule for the submission of that information. 17 (b) Within 120 days after receipt of the good faith 18 business damage offer and accompanying business records, the 19 county or municipality must, by certified mail, accept or reject 20 the business’ offer or make a counteroffer, which may include an 21 offer to grant a waiver to the application of the ordinance or 22 charter provision. 23 (c) If a business files an action for business damages, it 24 must be filed within 1 year after the effective date of the 25 relevant ordinance, ordinance amendment, or charter provision. 26 (d) Evidence of negotiations or of any written or oral 27 statements used in mediation or negotiations between the parties 28 under this section is inadmissible in any proceeding for 29 business damages, except in a proceeding to determine reasonable 30 costs and attorney fees. 31 (e) In an action for business damages, the court may award 32 reasonable attorney fees and costs to the prevailing party. 33 (4) OPPORTUNITY TO CURE.—There is no liability under this 34 section for a county or municipality that, within the 120-day 35 timeframe provided for in paragraph (3)(b): 36 (a) Repeals the ordinance or charter provision that gave 37 rise to the business’ claim; 38 (b) Amends the ordinance or charter provision that gave 39 rise to the business’ claim in a manner that returns the 40 ordinance or charter provision to its form in existence before 41 the business’ claim arose or in a manner that avoids causing a 42 reduction of at least 15 percent of the business’ profit as 43 applied on a per location basis within the jurisdiction; 44 (c) Publishes notice of its intent to repeal or amend the 45 ordinance that gave rise to the business’ claim and, within 30 46 days after publication of the notice, amends the ordinance in a 47 manner that returns the ordinance to its form in existence 48 before the business’ claim arose or in a manner that avoids 49 causing a reduction of at least 15 percent of the business’ 50 profit as applied on a per location basis within the 51 jurisdiction, or repeals the ordinance; 52