CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 757

    Amendment No. 001 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  The Committee on Transportation offered the following:

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13         Amendment (with title amendment) 

14         On page 21, of the bill between lines 6 and 7,

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16  insert:

17         Section 2.  Section 59 of chapter 99-385, Laws of

18  Florida, is repealed.

19         Section 3.  Subsection (3) of section 73.071, Florida

20  Statutes, is amended to read:

21         73.071  Jury trial; compensation; severance damages;

22  business damages.--

23         (3)  The jury shall determine solely the amount of

24  compensation to be paid, which compensation shall include:

25         (a)  The value of the property sought to be

26  appropriated;

27         (b)  Where less than the entire property is sought to

28  be appropriated, any damages to the remainder caused by the

29  taking, including, when the action is by the Department of

30  Transportation, county, municipality, board, district or other

31  public body for the condemnation of a right-of-way, and the

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    File original & 9 copies    01/30/02
    htr0002                     02:06 pm         00757-tr  -163673




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 757

    Amendment No. 001 (for drafter's use only)





  1  effect of the taking of the property involved may damage or

  2  destroy an established business of more than 4 years' standing

  3  before January 1, 2005, or the effect of the taking of the

  4  property involved may damage or destroy an established

  5  business of more than 5 years' standing on or after January 1,

  6  2005, owned by the party whose lands are being so taken,

  7  located upon adjoining lands owned or held by such party, the

  8  probable damages to such business which the denial of the use

  9  of the property so taken may reasonably cause; any person

10  claiming the right to recover such special damages shall set

11  forth in his or her written defenses the nature and extent of

12  such damages; and

13         (c)  Where the appropriation is of property upon which

14  a mobile home, other than a travel trailer as defined in s.

15  320.01, is located, whether or not the owner of the mobile

16  home is an owner or lessee of the property involved, and the

17  effect of the taking of the property involved requires the

18  relocation of such mobile home, the reasonable removal or

19  relocation expenses incurred by such mobile home owner, not to

20  exceed the replacement value of such mobile home.  The

21  compensation paid to a mobile home owner under this paragraph

22  shall preclude an award to a mobile home park owner for such

23  expenses of removal or relocation.  Any mobile home owner

24  claiming the right to such removal or relocation expenses

25  shall set forth in his or her written defenses the nature and

26  extent of such expenses.  This paragraph shall not apply to

27  any governmental authority exercising its power of eminent

28  domain when reasonable removal or relocation expenses must be

29  paid to mobile home owners under other provisions of law or

30  agency rule applicable to such exercise of power.

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    File original & 9 copies    01/30/02
    htr0002                     02:06 pm         00757-tr  -163673




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 757

    Amendment No. 001 (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 14 after the semicolon,

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  5  insert:

  6         repealing s. 59, ch. 99-385, Laws of Florida;

  7         abrogating the repeal of provisions governing

  8         business damages in eminent domain actions;

  9         amending s. 73.071, F.S.; providing for the age

10         required of a standing business in order to

11         qualify for business damages;

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    File original & 9 copies    01/30/02
    htr0002                     02:06 pm         00757-tr  -163673