Florida Senate - 2019                                    SB 1694
       
       
        
       By Senator Flores
       
       
       
       
       
       39-01050A-19                                          20191694__
    1                        A bill to be entitled                      
    2         An act relating to takings claims within areas of
    3         critical state concern; creating s. 380.0501, F.S.;
    4         providing for the apportionment of awards of damages
    5         for takings claims within areas of critical state
    6         concern; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 380.0501, Florida Statutes, is created
   11  to read:
   12         380.0501 Apportionment of awards of damages for takings
   13  claims within an area of critical state concern.—
   14         (1) In any proceeding brought pursuant to chapter 70, any
   15  claim for inverse condemnation, or any other property-rights
   16  related action for compensation in which the state is named as a
   17  codefendant with a local government located in an area of
   18  critical state concern or named as a third-party defendant by a
   19  local government located in an area of critical state concern,
   20  the court shall require the state and the local government to
   21  equally pay any award of compensation, costs, attorney fees, and
   22  prejudgment interest to the property owner if:
   23         (a) The court has found liability against both the state
   24  and the local government;
   25         (b) The regulation restricting development or use of the
   26  property was mandated or approved by the state land planning
   27  agency or the Administration Commission under s. 380.05; or
   28         (c) The regulation restricting development or use of the
   29  property adopted by the local government was necessary for the
   30  local government to comply with the principles for guiding
   31  development established for the area or other obligations under
   32  the area of critical state concern designation.
   33         (2) Notwithstanding s. 11.066 or s. 7, chapter 2006-223,
   34  Laws of Florida, the court shall enter separate judgments for
   35  the apportioned amount against the state and local government.
   36         (3) A governmental entity named as a judgment debtor in a
   37  judgment entered under this section is only liable for
   38  postjudgment interest on the judgment entered against it and is
   39  not liable for postjudgment interest on the judgment entered
   40  against the other governmental entity. This section does not
   41  prohibit a court from awarding a separate judgment for attorney
   42  fees and costs pursuant to the limitations set forth in this
   43  section.
   44         Section 2. This act shall take effect July 1, 2019.