Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 998
       
       
       
       
       
       
                                Barcode 335852                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/27/2011 10:25 AM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 68 - 89
    4  and insert:
    5         (e) The terms “inordinate burden” and of “inordinately
    6  burdened”:
    7         1. Mean that an action of one or more governmental entities
    8  has directly restricted or limited the use of real property such
    9  that the property owner is permanently unable to attain the
   10  reasonable, investment-backed expectation for the existing use
   11  of the real property or a vested right to a specific use of the
   12  real property with respect to the real property as a whole, or
   13  that the property owner is left with existing or vested uses
   14  that are unreasonable such that the property owner bears
   15  permanently a disproportionate share of a burden imposed for the
   16  food of the public, which in fairness should be borne by the
   17  public at large. The terms “inordinate burden” or “inordinately
   18  burdened”
   19         2. Do not include temporary impacts to real property;
   20  impacts to real property occasioned by governmental abatement,
   21  prohibition, prevention, or remediation of a public nuisance at
   22  common law or a noxious use of private property; or impacts to
   23  real property caused by an action of a governmental entity taken
   24  to grant relief to a property owner under this section. However,
   25  a temporary impact on development, as defined in s. 380.04,
   26  which is in effect for longer than 1 year may, depending upon
   27  the circumstances, constitute an inordinate burden as provided
   28  in this paragraph.
   29  
   30  In determining whether reasonable, investment-backed
   31  expectations are inordinately burdened, consideration may be
   32  given to the factual circumstances leading to the time elapsed
   33  between enactment of the law or regulation and its first
   34  application to the subject property.