SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 455726
CHAMBER ACTION
Senate House
.
.
1 1/AD/3R .
04/24/2003 04:25 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Lee moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 14, line 1, delete that line
15
16 and insert:
17 Section 6. Private property rights and regional
18 reservoirs.--
19 (1) The Legislature finds that construction of a
20 regional reservoir designed to store more than 10 billion
21 gallons of water may inordinately burden nearby real property
22 because of the proximity of the reservoir and may result in a
23 loss of value for the property owner. Therefore, a regional
24 water supply authority, serving three or fewer counties, that
25 is authorized to construct, operate, and maintain such a
26 regional reservoir shall be deemed a governmental entity under
27 section 70.001, Florida Statutes, the Bert J. Harris, Jr.,
28 Private Property Rights Protection Act, for purposes of this
29 section.
30 (2) This section provides a cause of action for the
31 actions of a regional water supply authority, in siting and
1
11:35 AM 04/23/03 s0140.cp10.gg
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 455726
1 constructing a reservoir as described in subsection (1), that
2 may not rise to the level of a taking under the State
3 Constitution or the United States Constitution. This section
4 may not necessarily be construed under the case law regarding
5 takings if the action of a regional water supply authority
6 does not rise to the level of a taking. The provisions of this
7 section are cumulative and do not abrogate any other remedy
8 lawfully available, including any remedy lawfully available
9 for the actions of a regional water supply authority that rise
10 to the level of a taking. However, a regional water supply
11 authority may not be liable more than once for compensation
12 due to an action of the regional water supply authority that
13 results in a loss of value for a subject real property.
14 (3) Each owner of real property located within 10,000
15 feet of the the center of the footprint of a regional
16 reservoir, as described in subsection (1), or 5,500 feet from
17 the exterior of the berm of such reservoir, may present a
18 claim for compensation in writing to the head of the regional
19 water supply authority on or before December 31, 2004, for a
20 loss in property value resulting from the proximity of the
21 reservoir. For each claim presented under this section,
22 section 70.001, Florida Statutes, applies, except when there
23 is conflict with this section, the provisions of this section
24 shall govern.
25 (a) The property owner must submit along with the
26 claim a bona fide, valid appraisal that supports the claim and
27 demonstrates the loss in fair market value to the real
28 property.
29 (b) A claim under this section shall be presented only
30 to the regional water supply authority that is authorized to
31 construct, operate, and maintain the reservoir.
2
11:35 AM 04/23/03 s0140.cp10.gg
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 455726
1 (4) The Legislature recognizes that construction and
2 maintenance of a regional reservoir may not necessarily
3 interfere with allowable uses of real property near the
4 reservoir. However, the siting and construction of the
5 reservoir may result in an actual loss to the fair market
6 value of real property located within 10,000 feet of the
7 center of the footprint of the reservoir, or 5,500 feet from
8 the exterior of the berm, because of the proximity of the
9 reservoir. Therefore, any offer of compensation by the
10 regional water supply authority shall be based solely on the
11 loss of value for the property owner as a result of the
12 proximity of the reservoir and not on the effects the
13 reservoir has on existing uses or on a vested right to a
14 specific use of real property.
15 (a) Notwithstanding section 70.001, Florida Statutes,
16 the regional water supply authority to whom a claim is
17 presented shall, not later than 180 days after receiving such
18 claim:
19 1. Make a written offer to purchase the real property
20 if there is more than a 50-percent loss in value to the real
21 property as a result of the proximity of the reservoir and if
22 the property owner is a willing seller;
23 2. Make a written offer to purchase an interest in
24 rights of use which may become transferable development rights
25 to be held, sold, or otherwise disposed of by the regional
26 water supply authority; or
27 3. Terminate negotiations.
28 (b) An offer by the regional water supply authority to
29 purchase the property in fee or purchase an interest in rights
30 of use under this section shall cover the cost of the
31 appraisal required in subsection (3).
3
11:35 AM 04/23/03 s0140.cp10.gg
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 455726
1 (5) During the 180-day period, unless the property
2 owner accepts a written offer for purchase pursuant to
3 subparagraph (4)(a)1. or 2., the regional water supply
4 authority shall issue a final decision stating that:
5 (a) The real property has a loss in value due to an
6 inordinate burden on the property resulting from the proximity
7 of the reservoir and the regional water supply authority and
8 property owner cannot reach agreement on the amount of
9 compensation; or
10 (b) The property owner has failed to establish a basis
11 for relief under the provisions of this section and section
12 70.001, Florida Statutes.
13
14 Failure of the regional water supply authority to issue a
15 final decision as required by this subsection shall cause the
16 written offer or termination of negotiations required in
17 subsection (4) to operate as a final decision. As a matter of
18 law, this final decision constitutes the last prerequisite to
19 judicial review of the merits for the purposes of the judicial
20 proceeding provided for in section 70.001, Florida Statutes.
21 (6) The circuit court, for purposes of this section,
22 shall determine whether, considering the written offer and
23 final decision, the regional water supply authority has
24 inordinately burdened the subject real property. Following a
25 determination that the regional water supply authority has
26 inordinately burdened the real property, the court shall
27 impanel a jury to determine the total amount of compensation
28 to the property owner for the loss in value due to the
29 inordinate burden to the subject real property.
30 (7) Pursuant to section 70.001, Florida Statutes, the
31 court may award reasonable costs and attorney's fees and the
4
11:35 AM 04/23/03 s0140.cp10.gg
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 455726
1 court shall determine the amount. If the court awards the
2 property owner reasonable costs and attorney's fees, the costs
3 shall include the cost of the appraisal required in subsection
4 (3).
5 (8) This section shall take effect July 1, 2003, and
6 is repealed effective January 1, 2005. However, the repeal of
7 this section shall not affect a claim filed on or before
8 December 31, 2004.
9 Section 7. Except as otherwise expressly provided in
10 this act, this act shall take effect upon becoming a
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 On page 2, lines 1 and 2, delete those lines
16
17 and insert:
18 contract; providing severability; providing
19 legislative findings with respect to loss of
20 property values due to the proximity of a
21 regional water reservoir; authorizing a cause
22 of action for a property owner; specifying a
23 period during which a property owner may
24 present a claim for compensation to the
25 regional water supply authority that
26 constructs, operates, and maintains the
27 reservoir; providing requirements for the offer
28 of compensation by a regional water supply
29 authority; providing for judicial review under
30 the Bert J. Harris, Jr., Private Property
31 Rights Protection Act; providing for an award
5
11:35 AM 04/23/03 s0140.cp10.gg
SENATE AMENDMENT
Bill No. CS for CS for SB's 140, 998 & 1060
Amendment No. ___ Barcode 455726
1 of costs and attorney's fees; providing for
2 future repeal of the section; providing
3 applicability and effective dates.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
11:35 AM 04/23/03 s0140.cp10.gg