Title: Takings Claims Within Areas of Critical State Concern

Summary: Citing this act as the "Florida Keys Property Rights Protection Act"; providing for the apportionment of awards of damages for takings claims within areas of critical state concern; providing that certain governmental entities are liable only for certain postjudgment interest; requiring local governments to be reimbursed for specified amounts under certain circumstances, etc.

Full Text:
WHEREAS, the Florida Environmental Land and Water Management Act of 1972 authorizes the Administration Commission to designate areas of critical state concern, and WHEREAS, the designated areas of critical state concern in this state are Big Cypress Area, encompassing portions of Collier, Miami-Dade, and Monroe Counties; Green Swamp Area, encompassing portions of Polk and Lake Counties; Key West Area in Monroe County; Florida Keys Area in Monroe County; and Apalachicola Bay Area in Franklin County, and WHEREAS, the Department of Economic Opportunity must review and approve land development regulations or local comprehensive plans or amendments submitted by an area of critical state concern, and WHEREAS, this state, through its chapter oversight authority over development in the Florida Keys, limits the number of building permits that Monroe County and its municipalities may issue each year for construction of new housing units on undeveloped lots, and WHEREAS, this state imposes such growth limits in the Florida Keys and Key West Areas of Critical State Concern in order to provide for safe and timely hurricane evacuation of residents and visitors from the Florida Keys due to the limited capacity of the Overseas Highway, the sole evacuation route for most of the Keys, and WHEREAS, Monroe County adopted its rate of growth ordinance in 1992 as a direct result of state-imposed legislative and administrative mandates that limit residential growth, and WHEREAS, the number of privately owned, buildable, vacant parcels in the Florida Keys vastly exceeds the number of permits allocated by the state-imposed growth limits and the Florida Keys is fast approaching  buildout,  at which point no more permits are to be allocated by the state, and WHEREAS, the state-imposed growth limits have already prompted a number of inverse condemnation and other property rights-related suits when property owners have been unable to obtain permits to build on undeveloped lots, and WHEREAS, the state and the local governments in Monroe County have been operating under a long-standing partnership governing the joint defense of these cases through mutual litigation support and cooperation in exchange for an understanding that each entity would bear half of any liability imposed, and WHEREAS, the joint defense partnership has resulted in successful defenses in of the claims to date, and WHEREAS, property owners in areas of critical state concern who obtain inverse condemnation and other property rights related compensation awards deserve to have their awards paid in a timely manner, and WHEREAS, current law hinders the ability of the state to meet its own obligation to expeditiously compensate the property owners, and WHEREAS, when a court has determined that a parcel has been taken as a result of the state-imposed growth limits, the Legislature should provide the property owner with a more expedient and certain process for recovering the compensation due him or her from the local government and the state, as guaranteed under the United States Constitution and the Florida Constitution, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1.  This act may be cited as the  Florida Keys Property Rights Protection Act.  Section 2. Section 380.0501, Florida Statutes, is created to read: 380.0501   Apportionment of awards of damages for takings claims within an area of critical state concern.  (1)   In a 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 is 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: (a)   The court has found both the state and the local government liable for the taking; and (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. (2)   The state court shall enter separate judgments against the state and local government for the apportioned amount s. (3)   A governmental entity named as a judgment debtor in a judgment entered under this section is only liable for postjudgment interest on the judgment entered against it and is not liable for postjudgment interest on the judgment entered against the other governmental entity. This section does not prohibit a court from awarding a separate judgment for attorney fees and costs pursuant to the limitations set forth in this section. (4)   If, before the date of enactment of this section,a state court has entered a judgment jointly and severally against the state and a local government in a case that satisfies the conditions in paragraphs (1)(a) and (b), the state must reimburse the local government for percent of the total amount the local government paid to satisfy that judgment. (5)   If a federal court grants any award of compensation, costs, attorney fees,or prejudgment interest on a claim for inverse condemnation or any other property rights-related action against a local government located in an area of critical state concern and the claim involves a land development regulation mandated or approved by the state land planning agency or the Administration Commission under s. 380.05, the state must reimburse the local government for percent of the total amount the local government paid,inclusive of interest, costs, and attorney fees. Section 3. This act shall take effect upon becoming a law.