The 2023 Florida Statutes (including Special Session C)
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. . . . § 73.071(2), (3)(a), & (b)). . . . Stat. § 73.071(3)(b). . . . Section 73.071(3)(b) limits such recovery to cases involving a partial taking which causes damage to . . . Stat. § 73.071(3)(b) (“[A]ny person claiming the right to recover such special damages, shall set forth . . .
. . . After all, eminent domain jury trials get preference over other civil cases, section 73.071(1), Florida . . .
. . . .]”); § 73.071, Fla. Stat. (2016) (requiring a twelve-person jury in “eminent domain cases”). . . . .
. . . Section 73.071(4), Florida Statutes (2014), provides that severance damages are calculated using two . . .
. . . 2004), a twelve-person jury determines what amount is equal to “full compensation” for the property, § 73.071 . . .
. . . . §§ 74.061, 73.071. Livingston v. Frank, 150 So.3d 239, 241 (Fla. 2d DCA2014). . . .
. . . . § 73.071(10), Fla. Stat. . . .
. . . . §§ 74.061, 73.071. . . .
. . . See § 73.071(3), Fla. . . . See § 73.071(3), Fla. Stat. (2011). . . .
. . . This is consistent with section 73.071, which requires the jury during the “compensation” portion of . . . proceedings to determine, among other things, the “value of the property sought to be appropriated.” § 73.071 . . .
. . . Because a license will not support a business damages claim under section 73.071(3)(b), Florida Statutes . . . In order to be compensated under section 73.071(3)(b) for business damages resulting from a partial eminent . . .
. . . See § 73.071(3)(b). . . . argues that, unlike the defendant in Jack’s Quick Cash, it met the statutory requirements of section 73.071 . . .
. . . We conclude that this is not what section 73.071 says or intends. Sys. . . . See § 73.071(3)(b), Fla. Stat. (2004); Carlos A. . . . Bramlett, 189 So.2d 481 (Fla.1966); § 73.071(3)(b), Fla. Stat. (1975)). . . . See § 73.071(3)(b), Fla. Stat. (2004); Jeffrey M. . . . See § 73.071(3)(b), Fla. Stat. (2004); Sys. . . .
. . . certification hearing not only ignores this Court’s mandate issued in 2006, it ignores both section 73.071 . . . Section 73.071(1), which provides that the trial court should give eminent domain cases priority and . . . the class certification process, is a clear abuse of discretion, thwarts the directives of section 73.071 . . .
. . . Components qualified for a business damage claim by meeting the requirements set forth under section 73.071 . . . For the reasons that follow, we cannot agree with the Fourth District’s application of section 73.071 . . . We conclude that this is not what section 73.071 says or intends. . . . According to section 73.071(3)(b), Florida Statutes: Where less than the entire property is sought to . . . The Florida Supreme Court has acknowledged that “[t]the purpose of section 73.071(3)(b) is to mitigate . . .
. . . utilized the May 30th, 2006 trial date for purposes of valuation for compensation pursuant to section 73.071 . . .
. . . See also § 73.071(3)(b), Fla. . . .
. . . See also § 73.071(3)(b), Fla. . . .
. . . .” § 73.071(3)(b), Fla. Stat. (2002). . . .
. . . See § 73.071(2), Fla. Stat. (2005); Dep’t of Transp. v. . . . See § 73.071(5), Fla. Stat. . . . market on or after the condemnor executes a resolution which depicts the location of the project.” § 73.071 . . .
. . . property ... sought to be appropriated” within the meaning of the business damages statute, section 73.071 . . . “[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and . . . Section 73.071(3), the basis for business damages, provides: (3) The jury shall determine solely the . . . A review of the case law applying section 73.071(3)(b) or its predecessor; section 73.10(4), and affirming . . . Section 73.071(3) provides that the jury shall determine “solely the amount of compensation to be paid . . .
. . . . § 73.071(1) (2004). . . .
. . . Section 73.071(3)(b), Florida Statutes (2003), which covers both severance damages and business damages . . . The purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises . . . such, the taking of the specific property at issue is the sole focus of business damages under section 73.071 . . .
. . . .”); see also § 73.071(5), Fla. Stat. (2000). . . . requested by Brown, which instruction encompassed the reasoning of the above-cited cases as well as section 73.071 . . .
. . . Section 73.071(5), Fla. Stat. (2002). . . . Accordingly, on remand, we direct the trial court to give an instruction in accordance with section 73.071 . . . There is no conflict between section 73.071(5) and Department of Transportation v. . . . Section 73.071(5) prohibits increased or decreased value resulting from anticipation of the actual project . . . Therefore, section 73.071(5) is consistent with, not contrary to, judicial determinations of full and . . .
. . . Section 73.071(3)(b), Florida Statutes (1997), provided: Where less than the entire property is sought . . .
. . . Frenchman, Inc., 476 So.2d 224, 226 (Fla. 4th DCA 1986); see also § 73.071(3)(a)-(b), Fla. . . . Division of Admin., 366 So.2d 391, 393 (Fla.1978); § 73.071(3)(a)-(b), Fla. Stat. (2001). . . .
. . . . § 73.071(2), Fla. Stat. (1999); Dep’t of Transp. v. . . .
. . . See § 73.071(3)(b), Fla. Stat. (1993). . . . .
. . . determination that Bill Brown VW’s business damages claim met the five-year requirement contained in section 73.071 . . . partial taking to the damages sustained by “an established business of more than 5 years standing.” § 73.071 . . . business damages, this Court ruled that Bill Brown did not meet the five year requirement under Section 73.071 . . .
. . . claimed, among other things, that they were entitled to recover business damages pursuant to section 73.071 . . . Section 73.071(3)(b), Florida Statutes (1993), authorizes a trial court to award business damages in . . . an eminent domain proceeding: 73.071 Jury trial; compensation; severance damages.- (3) The jury shall . . . Moreover, unlike Almota and Petty Motor, “[t]he right to business damages under section 73.071(3)(b), . . . See § 73.071(3)(b), Fla. Stat. (1993). . . .
. . . Dixie Lime is entitled to business damages for the partial taking under section 73.071(3). . . .
. . . Gas Co. did not own or have any property interest in the condemned land as required by the statute [§ 73.071 . . .
. . . Blockbuster store was not sufficient to deprive it of a claim for business damages pursuant to section 73.071 . . . requested statutory business damages for “an established business of more than five years’ standing.” § 73.071 . . . Section 73.071(3)(b) provides that compensation in an eminent domain proceeding shall include: Where . . . Section 73.071, however, has long been interpreted to include the business damage claim of a lessee, . . . Under section 73.071(3)(b), Blockbuster must establish that it has operated a business continuously at . . .
. . . Therefore, pursuant to section 73.071(3), Florida Statutes (1995), jury resolution of compensation issues . . . The trial court relied upon section 73.071(1), but that section does not change our opinion since it . . . Therefore, it follows that there is no conflict with section 73.071(1) in ordering a quick taking. . . . parcel was resolved by a jury impaneled to determine the value of that property pursuant to section 73.071 . . .
. . . . § 73.071(3)(a), Fla. Stat. (1995); see Department of Transp. v. . . .
. . . Section 73.071(2), Florida Statutes, which applies to the compensation determination in the majority . . . circumstance as the date determinative of compensation, and this is not the same date established in 73.071 . . . intended the date of appropriation to be the date of the trial or the date title passes as delineated in 73.071 . . .
. . . The sole issue presented by the parties is whether the term “right-of-way” contained in section 73.071 . . . Section 73.071(3)(b) contemplates two types of possible severance damages from a partial taking — damages . . . severance damage may be offset by the betterment caused by the improvements under the provisions of section 73.071 . . . Subsection 4 of section 73.071 makes it clear that the legislature recognized that the term “right-of-way . . .
. . . . § 73.071(3)(b), Fla. Stat. (1995); State Road Dept. v. Bramlett, 189 So.2d 481 (Fla.1966). . . . taking cases are instructive in analyzing this issue, because business damages are not defined in §§ 73.071 . . .
. . . of Tallahassee, 647 So.2d 819, 822-23 (Fla.1994) (finding “statutory business damages under section 73.071 . . . an established business located on the unappropriated adjoining land are compensable under section 73.071 . . . Standard Oil Co., 510 So.2d 324, 326 (Fla. 2d DCA 1987) (finding “for the purposes of section 73.071( . . .
. . . See § 73.071(3)(b), Fla. Stat. (1995); Kendry v. . . . See § 73.071(3)(b), Fla. Stat. (1995). . . . .
. . . EMINENT DOMAIN CASE IN WHICH AN ESTABLISHED BUSINESS IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071 . . . SALARIES, INTEREST, DEPRECIATION, AND UTILITIES, OR AN ALTERNATIVE ANALYSIS, COGNIZABLE UNDER SECTION 73.071 . . . based on certain variable expenses and excluding some fixed expenses can be cognizable under section 73.071 . . . We conclude that section 73.071(3)(b), Florida Statutes (1995), does not require the calculation of business . . . Section 73.071(3)(b), Florida Statutes (1991), provides in pertinent part: (3) The jury shall determine . . .
. . . . §§ 74.051(2) and 73.071, Fla.Stat. (1981). . . . compensation or severance damages are in issue, a jury is empaneled to make a determination of value. § 73.071 . . .
. . . The right to business damages under section 73.071(3)(b), Florida Statutes (1995), in a condemnation . . . strictly in favor of the state, we conclude a church is not a business as that term is used in section 73.071 . . . A church is not entitled to business damages under section 73.071(3)(b) (1995). AFFIRMED. . . .
. . . Section 73.071(2), Florida Statutes (1991), states that “compensation shall be determined as of the date . . .
. . . Section 73.071(3), Florida Statutes, authorizes an award of severance damages for a taking of less than . . . “[A]ny ambiguity in section 73.071(3)(b) should be construed against the claim of business damages, and . . . Section 73.071 does not define “business damages,” but this court has stated that business damages “are . . .
. . . EMINENT DOMAIN CASE IN WHICH AN ESTABLISHED BUSINESS IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071 . . . SALARIES, INTEREST, DEPRECIATION, AND UTILITIES, OR AN ALTERNATIVE ANALYSIS, COGNIZABLE UNDER SECTION 73.071 . . .
. . . to the conclusion that Enterprises (and hence the Ramseys) is not entitled to damages under section 73.071 . . . Enterprises was the owner at the time of these proceedings and is entitled to damages under section 73.071 . . . Specifically, section 73.071(3)(b) provides, in part: Where less than the entire property is sought to . . . taken by condemnation and whether that interest entitles Enterprises to business damages under section 73.071 . . . THE BUSINESS DAMAGES STATUTE Section 73.071(3)(b), Florida Statutes (1993), provides: (3) The jury shall . . . as the owner or holder of that real estate so as to be awarded business damages pursuant to section 73.071 . . . result, the beneficiary of a trust of land does not “own” or “hold” the land for purposes of section 73.071 . . . Certainly, nothing in section 73.071(3)(b) requires it. . . .
. . . dispute as to whether appel-lees’ business had been in existence for five years as required by section 73.071 . . . Section 73.071(3)(a), (b) provides as follows: (3) The jury shall determine solely the amount of compensation . . .
. . . The district court then certified the following question: DOES SECTION 73.071, FLORIDA STATUTES, PERMIT . . . the Ocala Road frontage with the exception of any statutory business damages allowed under section 73.071 . . . At trial, Weaver Oil maintained that it was entitled to business damages under section 73.071 because . . . The City of Tallahassee responded that section 73.071 allows business damages only when the damages result . . . We have previously made clear that the legislature intended for section 73.071(3) to permit business . . .
. . . court has pointed out, business damages are allowed only as a matter of legislative grace under section 73.071 . . .
. . . . § 73.071(2), Fla.Stat. (1989). . . .
. . . Section 73.071(3)(b), Florida Statutes (1987), which governs the award for business damages, states that . . .
. . . the sole unresolved issue was statutory business damages claimed by Weaver Oil pursuant to section 73.071 . . . Where appropriation of less than the entire property is sought, as occurred here, section 73.071(3)(b . . . that “[sjeverance and business damages are both available in appropriate cases” pursuant to section 73.071 . . . that court distinguished a claim for business damages, which “continue to be controlled by section 73.071 . . . governmental interference with the businessman’s property fell within the plain meaning of section 73.071 . . . See section 73.071, Florida Statutes (1989); Tessler, 538 So.2d at 846. . . . However, if Weaver Oil is correct in stating that section 73.071(3), Florida Statutes (1989), permits . . . Section 73.071(3)(a) provides that in eminent domain trials, “[t]he jury shall determine solely the amount . . . Section 73.071(3)(b) (emphasis added). . . . Dep’t of Transp., 579 So.2d 226, 229 (Fla. 1st DCA 1991), we held that section 73.071(3) “authorizes . . .
. . . The legislature has seen fit to require compensation for business damages under section 73.071, Florida . . .
. . . See § 73.071(2), (3)(a) & (b), Fla.Stat. (1991); Broward County v. . . . testimony that the “grade” of the road was changed on the “parcel taken” as contemplated by section 73.071 . . .
. . . The Nyes asserted the claim for business damages pursuant to section 73.071(3)(b), Florida Statutes ( . . .
. . . See § 73.071(3), Fla.Stat. (1991); The Florida Bar, Continuing Legal Education Florida Eminent Domain . . .
. . . Defendants argue that “property” within the meaning of section 73.071(3)(b) should be construed broadly . . .
. . . Section 73.071(3), Florida Statutes (1989), authorizes an award of severance and business damages for . . .
. . . We need not and therefore do not answer the question whether use of the term “shall” in section 73.071 . . .
. . . It is well-established that the statutory right to business damages pursuant to section 73.071(3)(b), . . . Business damages continue to be controlled by section 73.071, Florida Statutes (1987).” . . .
. . . Therefore, the right to have a jury determine just compensation in Florida is statutory, section 73.071 . . .
. . . symptoms from the jury's consideration, invaded the exclusive province of the jury pursuant to section 73.071 . . .
. . . The tenant asserted a claim for special damages to its business under section 73.071(3)(b), Florida Statutes . . . Because section 73.071(3)(b), Florida Statutes, authorizes damages for a taking which damages or destroys . . .
. . . Hart & Sons claimed business damages under section 73.071(3)(b), Florida Statutes (1985). . . .
. . . Section 73.071(3)(b), Florida Statutes, provides: Where less than the entire property is sought to be . . .
. . . continue the landowners, the landowners’ right to a jury determination of that amount (pursuant to section 73.071 . . . cause at issue, the only thing left to be done was for a jury to fix the amount of full compensation. § 73.071 . . .
. . . . § 73.071(2), Fla.Stat. (1987). Evidence of a future increase in value is generally impermissible. . . .
. . . Business damages continue to be controlled by section 73.071, Florida Statutes (1987). . . .
. . . The statutory section relevant to the instant case is section 73.071(3)(b), Florida Statutes (1987), . . . property owners to the $1,250,000.00 in business damages awarded them by the jury pursuant to section 73.071 . . . establishing that one’s business has a physical existence at a certain location for the purposes of section 73.071 . . . Although the legislature has not chosen to define business location for the purposes of section 73.071 . . . land in an eminent domain proceeding is strictly a statutory right granted in this state by section 73.071 . . .
. . . See § 73.071, Fla.Stat. (1985). . . . Section 73.071. . . .
. . . supplier of products to the dealer, was not entitled to business damages under the provisions of section 73.071 . . . Both Texaco and the dealer claimed business damages under section 73.071(8)(b). . . . land in an eminent domain proceeding is strictly a statutory right granted in this state by section 73.071 . . . That, in our view, was clearly not the intent of the legislature when it enacted section 73.071. . . . Section 73.071(3)(b), Florida Statutes (1985), provides in pertinent part as follows: (3) The jury shall . . .
. . . Section 73.071(3)(b), Florida Statutes (1985), provides in pertinent part that compensation for business . . .
. . . the property were taken, Fortune would be entitled to $2,000,000 in business damages under section 73.071 . . . Section 73.071(3)(b), Florida Statutes (1985), part of the chapter entitled “Eminent Domain,” states: . . .
. . . See, for example, Section 73.071, Florida Statutes, which provides that where less than an entire property . . .
. . . Sasnett appeals from the final judgment denying his request for business damages under section 73.071 . . . that it was not a “public body” and, therefore, not required to pay business damages under section 73.071 . . . The statute allowing business damages, section 73.071(3)(b), provides: (b) Where less than the entire . . .
. . . trial pursuant to its demand for one in its Petition and pursuant to Fla.R.Civ.P. 1.430 and section 73.071 . . . Section 73.071, Florida Statutes, mandates that in eminent domain proceedings ... the court shall impanel . . .
. . . calendar for a jury trial on the amount of compensation to which Plaintiff is entitled, pursuant to § 73.071 . . .
. . . Section 73.071(3)(b), Florida Statutes (1985), is therefore inapplicable. . . .
. . . Taking title to land does not include payment of damages under § 73.071(b), which are themselves described . . . Accordingly, the contention of FDOT counsel that “acquisition costs of lands and property” in § 73.071 . . . conclude otherwise would be to allow one statute (§ 337.27(3)) to repeal or amend another statute (§ 73.071 . . . Section 73.071(3)(b), Florida Statutes (1985) provides for business damages: (b) Where less than the . . .
. . . station and that they, therefore, were each individually entitled to business damages pursuant to section 73.071 . . . Section 73.071(3)(b) provides in part that where less than the entire property is taken, damages caused . . . In Morris, the supreme court stated that section 73.071(3)(b) should be strictly construed in favor of . . . Although the legislature has not chosen to define business location for the purposes of section 73.071 . . . establishing that one’s business has a physical existence at a certain location for the purposes of section 73.071 . . .
. . . . § 73.071(1), Fla.Stat. (1983). . . .
. . . Section 73.071(3)(b), Florida Statutes (1983), allows the jury to determine not only the value of the . . .
. . . Abel Investment Company, 165 So.2d 832, 833 (Fla. 2d DCA 1964); Section 73.071(3)(b), Florida Statutes . . .
. . . This right to severance damages has been codified as Section 73.071(3)(b), Florida Statutes, which provides . . .
. . . domain statute requires that a twelve-person jury determine solely the amount of compensation, section 73.071 . . . provided the owner appropriately sets forth in its pleadings the nature and extent of such damages. § 73.071 . . . right-of-way may offset severance damages, but may not offset the value of the land actually taken. § 73.071 . . .
. . . considered “adjoining property” within the meaning of section 73.10(3), Florida Statutes (1963) (now section 73.071 . . . Section 73.071(4), Florida Statutes (1983), provides: 73.071 Jury trial; compensation; severance damages . . .
. . . West Coast Inland Navigation District, 198 So.2d 65 (Fla. 2d DCA 1967); § 73.071(4), Fla.Stat. (1983) . . .
. . . The Court considered Defendants’ claim that Section 73.071(3)(b) is unconstitutional. . . .
. . . The statute upon which appellant relies in seeking business damages, section 73.071(3)(b), Florida Statutes . . .
. . . business loss resulting from the taking, the jury chose to award him no business damages under section 73.071 . . .
. . . State Road Department, 170 So.2d 846 (Fla.1964); § 73.071(4), Florida Statutes (1981). . . . Section 73.071(2), Florida Statutes (1975), provides: “The amount of such compensation shall be determined . . . S.W.Rep. 188. .Contrary to the suggestion that there is no longer any statute of the same import, section 73.071 . . .
. . . The critical statute allowing business damages is Section 73.071(3)(b), Florida Statutes (1981) which . . .
. . . . § 73.071(3)(b), Fla. Stat. (1981); Kendry v. . . . condemnation cases is not constitutionally required, but rather is a matter of legislative grace. § 73.071 . . .
. . . Bramlett, 189 So.2d 481 (Fla.1966); Section 73.071(3)(b), Florida Statutes (1981). . . .
. . . Under section 73.071(3)(b), Florida Statutes (1981), an owner may be compensated for severance damages . . . parcel, the determination as to what may be considered adjoining property within the meaning of section 73.071 . . .
. . . proceedings for determination of compensation, respondent made a claim for business damages under section 73.071 . . . The district court reversed and held that section 73.071(3)(b) does not require, as a prerequisite to . . . Section 73.071(3)(b) provides in pertinent part as follows: (3) The jury shall determine solely the amount . . . The purpose of section 73.071(3)(b) is to mitigate the hardship that may result when the state exercises . . . If we were to adopt the district court’s view of section 73.071(3)(b), there could be absurd and unfair . . .
. . . Section 73.071, Florida Statutes (1981), provides for business losses in condemnation proceedings. . . . See §§ 73.041 and 73.071(2), Fla.Stat. (1981). . . . . . § 73.071(2), Fla.Stat. (1981). . . .
. . . The Authority filed a motion in the trial court to determine that section 73.071(3)(b), Florida Statutes . . . Section 73.071(3)(b) provides that compensation for a taking of private property shall include: (b) Where . . . The language of section 73.071(3)(b) has been strictly construed to allow business damages only when . . . Owners of businesses located on appropriated lands, who were not entitled to relief under section 73.071 . . . Section 73.10(4), Florida Statutes (1963), which was identical in substance to the current section 73.071 . . .