Bill Text: FL S0748 | 2020 | Regular Session | Introduced


Bill Title: Takings Claims Within Areas of Critical State Concern

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-01-28 - Now in Appropriations [S0748 Detail]

Download: Florida-2020-S0748-Introduced.html
       Florida Senate - 2020                                     SB 748
       
       
        
       By Senator Flores
       
       
       
       
       
       39-00726-20                                            2020748__
    1                        A bill to be entitled                      
    2         An act relating to takings claims within areas of
    3         critical state concern; providing a short title;
    4         creating s. 380.0501, F.S.; providing for the
    5         apportionment of awards of damages for takings claims
    6         within areas of critical state concern; providing that
    7         certain governmental entities are liable only for
    8         certain postjudgment interest; providing construction;
    9         requiring local governments to be reimbursed for
   10         specified amounts under certain circumstances;
   11         providing an effective date.
   12  
   13         WHEREAS, the Florida Environmental Land and Water
   14  Management Act of 1972 authorizes the Administration Commission
   15  to designate areas of critical state concern, and
   16         WHEREAS, the designated areas of critical state concern in
   17  this state are Big Cypress Area, encompassing portions of
   18  Collier, Miami-Dade, and Monroe Counties; Green Swamp Area,
   19  encompassing portions of Polk and Lake Counties; Key West Area
   20  in Monroe County; Florida Keys Area in Monroe County; and
   21  Apalachicola Bay Area in Franklin County, and
   22         WHEREAS, the Department of Economic Opportunity must review
   23  and approve land development regulations or local comprehensive
   24  plans or amendments submitted by an area of critical state
   25  concern, and
   26         WHEREAS, this state, through its chapter 380 oversight
   27  authority over development in the Florida Keys, limits the
   28  number of building permits that Monroe County and its
   29  municipalities may issue each year for construction of new
   30  housing units on undeveloped lots, and
   31         WHEREAS, this state imposes such growth limits in the
   32  Florida Keys and Key West Areas of Critical State Concern in
   33  order to provide for safe and timely hurricane evacuation of
   34  residents and visitors from the Florida Keys due to the limited
   35  capacity of the Overseas Highway, the sole evacuation route for
   36  most of the Keys, and
   37         WHEREAS, Monroe County adopted its rate of growth ordinance
   38  in 1992 as a direct result of state-imposed legislative and
   39  administrative mandates that limit residential growth, and
   40         WHEREAS, the number of privately owned, buildable, vacant
   41  parcels in the Florida Keys vastly exceeds the number of permits
   42  allocated by the state-imposed growth limits and the Florida
   43  Keys is fast approaching “buildout,” at which point no more
   44  permits are to be allocated by the state, and
   45         WHEREAS, the state-imposed growth limits have already
   46  prompted a number of inverse condemnation and other property
   47  rights-related suits when property owners have been unable to
   48  obtain permits to build on undeveloped lots, and
   49         WHEREAS, the state and the local governments in Monroe
   50  County have been operating under a long-standing partnership
   51  governing the joint defense of these cases through mutual
   52  litigation support and cooperation in exchange for an
   53  understanding that each entity would bear half of any liability
   54  imposed, and
   55         WHEREAS, the joint defense partnership has resulted in
   56  successful defenses in 26 of the 28 claims to date, and
   57         WHEREAS, property owners in areas of critical state concern
   58  who obtain inverse condemnation and other property rights
   59  related compensation awards deserve to have their awards paid in
   60  a timely manner, and
   61         WHEREAS, current law hinders the ability of the state to
   62  meet its own obligation to expeditiously compensate the property
   63  owners, and
   64         WHEREAS, when a court has determined that a parcel has been
   65  taken as a result of the state-imposed growth limits, the
   66  Legislature should provide the property owner with a more
   67  expedient and certain process for recovering the compensation
   68  due him or her from the local government and the state, as
   69  guaranteed under the United States Constitution and the Florida
   70  Constitution, NOW, THEREFORE,
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. This act may be cited as the “Florida Keys
   75  Property Rights Protection Act.”
   76         Section 2. Section 380.0501, Florida Statutes, is created
   77  to read:
   78         380.0501Apportionment of awards of damages for takings
   79  claims within an area of critical state concern.—
   80         (1)In a state court proceeding brought for inverse
   81  condemnation, or any other property rights-related action for
   82  compensation in which the state is named as a codefendant with a
   83  local government located in an area of critical state concern or
   84  is named as a third-party defendant by a local government
   85  located in an area of critical state concern, the court shall
   86  require the state and the local government to each pay half of
   87  any award of compensation, costs, attorney fees, and prejudgment
   88  interest to the property owner if:
   89         (a)The court has found both the state and the local
   90  government liable for the taking; and
   91         (b)The regulation restricting development or use of the
   92  property was mandated or approved by the state land planning
   93  agency or the Administration Commission under s. 380.05.
   94         (2)The state court shall enter separate judgments against
   95  the state and local government for the apportioned amounts.
   96         (3)A governmental entity named as a judgment debtor in a
   97  judgment entered under this section is only liable for
   98  postjudgment interest on the judgment entered against it and is
   99  not liable for postjudgment interest on the judgment entered
  100  against the other governmental entity. This section does not
  101  prohibit a court from awarding a separate judgment for attorney
  102  fees and costs pursuant to the limitations set forth in this
  103  section.
  104         (4)If, before the date of enactment of this section, a
  105  state court has entered a judgment jointly and severally against
  106  the state and a local government in a case that satisfies the
  107  conditions in paragraphs (1)(a) and (b), the state must
  108  reimburse the local government for 50 percent of the total
  109  amount the local government paid to satisfy that judgment.
  110         (5)If a federal court grants any award of compensation,
  111  costs, attorney fees, or prejudgment interest on a claim for
  112  inverse condemnation or any other property rights-related action
  113  against a local government located in an area of critical state
  114  concern and the claim involves a land development regulation
  115  mandated or approved by the state land planning agency or the
  116  Administration Commission under s. 380.05, the state must
  117  reimburse the local government for 50 percent of the total
  118  amount the local government paid, inclusive of interest, costs,
  119  and attorney fees.
  120         Section 3. This act shall take effect upon becoming a law.

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