Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 620
       
       
       
       
       
       
                                Ì848956^Î848956                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             01/27/2022 11:56 AM       .                                
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       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 repeals the ordinance or in
   49  a manner that avoids causing a reduction of at least 15 percent
   50  of the business’ profit as applied on a per location basis
   51  within the jurisdiction;
   52