Bill Amendment: FL S0620 | 2022 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Local Business Protection Act

Status: 2022-03-09 - Ordered enrolled [S0620 Detail]

Download: Florida-2022-S0620-Senate_Floor_Substitue_Amendment_609228_to_Amendment_184698_.html

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       Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 620
       
       
       
       
       
       
                                Ì6092288Î609228                         
       
                              LEGISLATIVE ACTION                        
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       Senator Hutson moved the following:
       
    1         Senate Substitute for Amendment (184698) (with title
    2  amendment)
    3  
    4         Delete lines 71 - 290
    5  and insert:
    6         (a) Except as provided in paragraph (c), a private, for
    7  profit business may claim business damages from a county or
    8  municipality if:
    9         1. The county or municipality enacts or amends an ordinance
   10  or a charter provision that has or will cause a reduction of at
   11  least 15 percent of the business’ profit as applied on a per
   12  location basis of a business operated within the jurisdiction;
   13  and
   14         2. The business has engaged in lawful business in the
   15  jurisdiction for the 3 years preceding the enactment of or
   16  amendment to the ordinance or charter.
   17         (b) The amount of business damages may be established by
   18  any reasonable method, but the amount of business damages that
   19  may be recovered by a business may not exceed the present value
   20  of the business’ future lost profits for the lesser of 7 years
   21  or the number of years the business had been in operation in the
   22  jurisdiction before the ordinance or charter provision was
   23  enacted.
   24         (c) A county or municipality is not liable for business
   25  damages caused by:
   26         1. An ordinance or charter provision that is required to
   27  comply with, or is expressly authorized by, state or federal
   28  law;
   29         2. Emergency ordinances, declarations, or orders adopted by
   30  a county or municipality under ss. 252.31-252.60, the State
   31  Emergency Management Act;
   32         3. A temporary emergency ordinance enacted pursuant to s.
   33  125.66 or s. 166.041 which remains in effect for no more than 90
   34  days;
   35         4. An ordinance or charter provision enacted to implement:
   36         a. Part II of chapter 163, relating to growth policy,
   37  county and municipal planning, and land development regulation,
   38  including zoning, development orders, and development permits;
   39         b. Section 553.73, relating to the Florida Building Code;
   40  or
   41         c. Section 633.202, relating to the Florida Fire Prevention
   42  Code;
   43         5. An ordinance or charter provision required to implement
   44  a contract or agreement, including, but not limited to, any
   45  federal, state, local, or private grant, or other financial
   46  assistance accepted by a county or municipal government;
   47         6. An ordinance or charter provision relating to the
   48  issuance or refinancing of debt;
   49         7. An ordinance or charter provision relating to the
   50  adoption of a budget or budget amendment, including revenue
   51  sources necessary to fund the budget;
   52         8. An ordinance or charter provision relating to
   53  procurement; or
   54         9. An ordinance or charter provision intended to promote,
   55  enable, or facilitate economic competition.
   56         (d) An amendment to an ordinance or charter provision after
   57  the effective date of this act gives rise to a claim under this
   58  section only to the extent that the application of the
   59  amendatory language is the cause of the claimed impact on a
   60  business apart from the ordinance or charter provision being
   61  amended.
   62         (3) PRESUIT PROCEDURES; ATTORNEY FEES AND COSTS.—
   63         (a) At least 180 days before a business files an action
   64  under this section against a county or municipality and within
   65  180 days after the effective date of the relevant ordinance or
   66  charter provision, the business must present a written offer to
   67  settle the business’ claim for business damages to the head of
   68  the county or municipality enacting or amending the ordinance.
   69  The settlement offer must be made in good faith and include an
   70  explanation of the nature, extent, and monetary amount of
   71  damages and must be prepared by the owner, a certified public
   72  accountant, or a business damage expert familiar with the nature
   73  of the operations of the business. The business must also
   74  provide copies of the business’ records that substantiate the
   75  offer to settle the business damage claim. If additional
   76  information is needed beyond the data that may be obtained from
   77  business records existing at the time of the offer, the business
   78  and county or municipality may agree on a schedule for the
   79  submission of that information.
   80         (b) Within 120 days after receipt of the good faith
   81  business damage offer and accompanying business records, the
   82  county or municipality must, by certified mail, accept or reject
   83  the business’ offer or make a counteroffer, which may include an
   84  offer to grant a waiver to the application of the ordinance or
   85  charter provision.
   86         (c) If a business files an action for business damages, it
   87  must be filed within 1 year after the effective date of the
   88  relevant ordinance, ordinance amendment, or charter provision.
   89         (d) Evidence of negotiations or of any written or oral
   90  statements used in mediation or negotiations between the parties
   91  under this section is inadmissible in any proceeding for
   92  business damages, except in a proceeding to determine reasonable
   93  costs and attorney fees.
   94         (e) In an action for business damages, the court may award
   95  reasonable attorney fees and costs to the prevailing party.
   96         (4) OPPORTUNITY TO CURE.—There is no liability under this
   97  section for a county or municipality that, within the 120-day
   98  timeframe provided for in paragraph (3)(b):
   99         (a) Repeals the ordinance or charter provision that gave
  100  rise to the business’ claim;
  101         (b) Amends the ordinance or charter provision that gave
  102  rise to the business’ claim in a manner that returns the
  103  ordinance or charter provision to its form in existence before
  104  the business’ claim arose or in a manner that avoids causing a
  105  reduction of at least 15 percent of the business’ profit as
  106  applied on a per location basis within the jurisdiction;
  107         (c) Publishes notice of its intent to repeal or amend the
  108  ordinance that gave rise to the business’ claim and, within 30
  109  days after publication of the notice, amends the ordinance in a
  110  manner that returns the ordinance to its form in existence
  111  before the business’ claim arose or repeals the ordinance;
  112         (d) Grants a waiver of the ordinance or charter provision
  113  to a business submitting a claim for business damages; or
  114         (e) With respect to a charter provision, the county
  115  provides notice of its intent to amend or repeal the charter
  116  provision that is the basis of the business damage claim and the
  117  charter provision is amended or repealed by the voters at an
  118  election or special election that occurs within 90 days after
  119  publication of the notice.
  120  
  121  The governing body of a municipality may provide relief under
  122  this subsection notwithstanding any ordinance or charter
  123  provision to the contrary.
  124         (5) APPLICATION; CONSTRUCTION.—This section does not apply
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete lines 13 - 31
  129  and insert:
  130         business damages; authorizing courts to award
  131         reasonable attorney fees and costs to prevailing
  132         parties; specifying that counties and municipalities
  133         are not liable for damages if they take certain
  134         actions within a specified timeframe; authorizing
  135         governing bodies of municipalities to provide
  136         specified relief, notwithstanding certain ordinances
  137         and charter provisions;