Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1720
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Simmons) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 20 - 102
    4  and insert:
    5         Section 1. Subsection (6) and paragraph (a) of subsection
    6  (11) of section 70.001, Florida Statutes, are amended to read:
    7         70.001 Private property rights protection.—
    8         (6)(a) The circuit court shall determine whether an
    9  existing use of the real property or a vested right to a
   10  specific use of the real property existed and, if so, whether,
   11  considering the settlement offer and statement of allowable
   12  uses, the governmental entity or entities have inordinately
   13  burdened the real property. If the actions of more than one
   14  governmental entity, considering any settlement offers and
   15  statement of allowable uses, are responsible for the action that
   16  imposed the inordinate burden on the real property of the
   17  property owner, the court shall determine the percentage of
   18  responsibility each such governmental entity bears with respect
   19  to the inordinate burden. A governmental entity may take an
   20  interlocutory appeal of the court’s determination that the
   21  action of the governmental entity has resulted in an inordinate
   22  burden. An interlocutory appeal does not automatically stay the
   23  proceedings; however, the court may stay the proceedings during
   24  the pendency of the interlocutory appeal. If the governmental
   25  entity does not prevail in the interlocutory appeal, the court
   26  shall award to the prevailing property owner the costs and a
   27  reasonable attorney fee incurred by the property owner in the
   28  interlocutory appeal.
   29         (b) Following its determination of the percentage of
   30  responsibility of each governmental entity, and following the
   31  resolution of any interlocutory appeal, the court shall impanel
   32  a jury to determine the total amount of compensation to the
   33  property owner for the loss in value due to the inordinate
   34  burden to the real property. The property owner may waive the
   35  right to a jury and request that the court make such
   36  determination. The award of compensation shall be determined by
   37  calculating the difference in the fair market value of the real
   38  property, as it existed at the time of the governmental action
   39  at issue, as though the owner had the ability to attain the
   40  reasonable investment-backed expectation or was not left with
   41  uses that are unreasonable, whichever the case may be, and the
   42  fair market value of the real property, as it existed at the
   43  time of the governmental action at issue, as inordinately
   44  burdened, considering the settlement offer together with the
   45  statement of allowable uses, of the governmental entity or
   46  entities. In determining the award of compensation,
   47  consideration may not be given to business damages relative to
   48  any development, activity, or use that the action of the
   49  governmental entity or entities, considering the settlement
   50  offer together with the statement of allowable uses has
   51  restricted, limited, or prohibited. The award of compensation
   52  shall include a reasonable award of prejudgment interest from
   53  the date the claim was presented to the governmental entity or
   54  entities as provided in subsection (4).
   55         (c)1. In any action filed pursuant to this section, the
   56  property owner is entitled to recover reasonable costs and
   57  attorney fees incurred by the property owner, from the
   58  governmental entity or entities, according to their
   59  proportionate share as determined by the court, from the date of
   60  the governmental entity’s denial of the claim made pursuant to
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete lines 3 - 7
   65  and insert:
   66         70.001, F.S.; authorizing a property owner to waive
   67         the right to a jury and