HB 587 — Takings Claims Within Areas of Critical State Concern

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 587 2020 A bill to be entitled An act relating to takingsthe claimsFlorida withinKeys areasArea of critical state concern;

creatingamending s.

380.0501,380.0552, F.S.;

providingrevising for the apportionmentpermanent ofresident awardshurricane ofevacuation damagesclearance time for takingscomprehensive claimsplan withinamendments; areas of critical state concern;

directing the state land planning agency to commission an updated hurricane evacuation model;

providing a limitation on liability;

8 Be It Enacted by the Legislature of the State of Florida:

SectionParagraph 380.0501,(a) of subsection (9) of section 380.0552, Florida Statutes, is createdamended to read:

380.0501380.0552 ApportionmentFlorida ofKeys awardsArea; of damages for takings claims within an area of critical state concern.— (1) In any state court proceeding brought for inverse condemnation or any other property-rights related action for compensation in which the state is named as a codefendant with a local government located in an area of critical state concern or named as a third-party defendant by a local government located in an area of critical state concern, the court shall require the state and the local government to each pay half of any award of compensation, costs, attorney fees, and prejudgment interest to the property owner if:

Pageprotection 1and designation as area of 3critical CODING:state concern.— (9) MODIFICATION TO PLANS AND REGULATIONS.— (a) Any land development regulation or element of a local comprehensive plan in the Florida Keys Area may be enacted, amended, or rescinded by a local government, but the enactment, amendment, or rescission becomes effective only upon approval by the state land planning agency.

The state land planning agency shall review the proposed change to determine if it is in compliance with the principles for guiding development specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, and must approve or reject the requested changes within 60 days after receipt.

Amendments to local comprehensive plans in the Florida Keys Area must also be Page 1 of 2 CODING:

hb0587-02-c2hb0587-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 587 2020 (a)reviewed Thefor courtcompliance haswith found liability against both the statefollowing: and the local government;

and1. (b) The regulation restricting development or use of the property was mandated or approved by the state land planning agency or the Administration Commission under s.

380.05.Construction schedules and detailed capital financing plans for wastewater management improvements in the annually adopted capital improvements element, and standards for the construction of wastewater treatment and disposal facilities or collection systems that meet or exceed the criteria in s.

(2)403.086(10) The state court shall enter separate judgments for thewastewater apportionedtreatment amount against the state and thedisposal localfacilities government.or s.

(3)381.0065(4)(l) A governmental entity named as a judgment debtor in a judgment entered under this section is only liable for postjudgmentonsite interestsewage ontreatment the judgment entered against it and isdisposal notsystems. liable for postjudgment interest on the judgment entered against the other governmental entity.

This2. section does not prohibit a court from awarding a separate judgment for costs and attorney fees pursuant to the limitations set forth in this section.

(4)Goals, If,objectives, beforeand thepolicies effectiveto dateprotect ofpublic thissafety section, the court has entered a judgment jointly and severallywelfare againstin the stateevent andof a localnatural governmentdisaster inby maintaining a casehurricane thatevacuation satisfiesclearance thetime conditions in subsection (1), the state shall reimburse the local government for 50permanent percentresidents of theno totalmore amountthan paid30 by24 thehours. local government to satisfy the judgment.

(5)The Ifhurricane aevacuation federalclearance courttime grantsshall anybe awarddetermined ofby compensation, costs, attorney fees, or prejudgment interest on a claimhurricane forevacuation inversestudy condemnationconducted orin anyaccordance otherwith property-rights related action against a localprofessionally governmentaccepted locatedmethodology inand anapproved areaby ofthe critical state Pageland 2planning ofagency. 3 CODING:

Words stricken are deletions;

words underlined are additions.

hb0587-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 587 2020 concern and the claim involves a land development regulation that was mandated or approved by the state land planning agency or the Administration Commission under s.

380.05, the state shall pay to the local government 50 percent of the total award, including compensation, costs, attorney fees, and interest, paid by the local government.

(6) Following receipt of the 2020 federal census data for the Florida Keys, the state land planning agency is directed to commission an updated hurricane evacuation model that uses the best available data and is conducted in accordance with a professionally accepted methodology to determine the clearance time for permanent residents to safely evacuate in the event of a hurricane.

(7) Notwithstanding any other provision of law, the state is not liable under this section for a growth-limiting regulation enacted solely at the discretion of a local government.

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