HomeMy WebLinkAboutAgenda Council Agenda 032698 WorkshopAll those wishing to address the City Council need to complete the necessary form (supply located in
back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to
order.
CITY COUNCIL WORKSHOP MEETING
CITY OF PALM BEACH GARDENS
MARCH 26, 1998
7:30 P.M.
[. PLEDGE OF ALLEGIANCE
II. ROLL CALL: Mayor Russo, Vice Mayor Furtado, Councilman Jablin, Councilman Clark
Councilman Sabatello
III. ITEMS FOR DISCUSSION
1. Fire Department Station Update
2. Legal Representation
3. Eminent Domain
4. Christ Fellowship Compliance Plan
5. Proposed Fire Department Canine Program
6. Relocation of 800 MHZ Tower
IV. CONSTRUCTION MANAGER'S REPORT
V. CITY MANAGER'S REPORT
VI. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact James
Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 for
assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD)
or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the
Council, with respect to any matter considered at such meeting or hearing, they will need a record
of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based.
MUNICIPAL COMPLEX IMPROVEMENTS
03/25/98
6/27/96
7/21/97
2124/98
COSTS
COSTS
COSTS
Site Work
1,528,500
1,415,000
1,080,962
Construction Costs
9,448,588
9,514,088
10,454,307
Furnishings
1,187,380
1,112,380
1,112,380
Total Construction Costs
12,164,468
12,041,468
12,647,649
Architectural /Engineering
851,513
734,985
995,055
Bond Issuance Costs
175,000
105,000
105,000
Art in Public Places
121,645
106,265
106,265
Construction Management
790,690
923,934
328,000
Miscellaneous /Contingency
608,223
731,223
756,123
Westminster Church Purchase
635,000
$635,000
635,000
Gardens Park Improvements
3,824,316
$3,837,900
3,518,375
Total Project Costs
$19,170,855
$19,115,775
19,091,467
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
INTER OFFICE MEMO
Date: March 24, 1998
To: Bobbie Herakovich, City Manager
From: Peter T. Bergel, Acting Fire Chi
RE: Relocation of Fire Station 1
This memo is written to provide an update on the status of relocating Fire Administration to the
church building and reallocating the administrative offices to Fire Suppression. As you are aware
the move to the church building has been expedited due to the problems on the east side of Fire
Station 1.
The telephone lines for the D.A.R.E. officers are scheduled to be installed on Wednesday,
March 25tH Public Works will begin moving their offices on Thursday, March 26tH
The telephone lines and telephone system for Fire Administration will be moved on Friday,
March 27th. I expect that we will be without phone service for most of the day. Public works
will begin moving the offices on this day and I hope that we will be ready for service on
Monday, March 30tH
I have enclosed spreadsheets for the move into the daycare with a timeline attached to each
item required and have distributed copies to Jack Hanson and Bob Patty. Also, I have
provided a list of materials that will be needed for this move. It is our goal to be completely
moved out of the Fire Station by June 1, 1998.
Once Fire Administration is relocated we can reallocate additional space to Fire Suppression
and discontinue the use of the east side of Fire Station 1. The only room to be relocated to
date is the kitchen, which we have discussed moving into the old Training Room.
Should you have any questions concerning this matter, please do not hesitate to contact
me.
Church Relocation Project
Item
Contractor 1
Date
Relocate DARE Phone Lines _ - BellSouth -_ LI/25/98
Relocate Fire Admin Phone Lines I
BellSouth 13/27/98
Relocate Fire Admin Phone System
Best Com !3/27/98
Carpet Loft & Conference Area
3/27/98
Move Fire Admin Division to Church
PW & Fire
3/27/98
Replace Blue Glass
PW j
Anytime
Daycare Relocation Project
Item
Contractor
Date
Remove Storage From Building
Parks
3/27/98
-Remove Storage Bins on Walls
PW
3/30/98
Remove Water Heater from Bunk Room
I PW
3/30/98
Remove Cabinets from Bunk Room
PW
Remove Cabinets from Storage Room
PW
j 3/30/98
Relocate Cabinets to Kitchen
1PW
Relocate Dishwasher from Fire Station
I FJVV
_3/31_/98____
By 6/01/98
Maintenance on existing Range
j
j By 6/01/98
Relocate Water Heater from Fire Station
PW
By 5/01/98
Relocate Refrigerator from Fire Station
PW
By 6/01/98
Install L.P. Gas
ITECO
I By 6/01/98
Install new toilet in Bunk Room
PW
By 4/17/98
Relocate sink in Bunk Room
1 PW
I By 4/17/98
Remove urinals & Sinks from Bathroom
j PW
By 4/24/98
Install Showers in Bathrooms
PW
j By 5/01/98
Install Sinks and Vanities in Bathrooms
PW
By 5/01/98
Remove Shutter from Kitchen Window
PW
j Before paint
Replace missing Ceiling tiles
PW
Before paint
Relocate CAD System from Fire Station
PBCFR
By 6/01/98
Install phone lines
Best Com
i By 6/01/98
Paint all Walls & Ceiling
PW
By 5/17/98
Install carpet in living areas
?
After paint
Remove Island and install Asphalt
!PW&?
Any time
Construct temporary garage
?
By 5/30/98
Install fence around perimeter
Martin Fence
By 5/30/98
Move Operations into Daycare
PW & Fire
6/1/98
Fire Station Relocation Project
Quantity
Material /s
i
2
Self- contained Showers
Vanities
[Toilet
Paint
2
2 ISinks
1
10 gals
20
1
Ceiling tiles
4 48'x 12' Temporary Shelter for Equipment
250 yds.
Indoor /outdoor type carpet
Fire Station 1 Materials
1
Exhaust Hood (residential type) Station 1
1
Electric Range (Station 1)
i
i
I
i
i
0 \7�7
TO: MPO Members
METROPOLITAN PLANNING ORGANIZATION
OF
PALM BEACH COUNTY
160 Austrahar Avenue Suitt 20' West °aim Seac' �!on�ia 33406 Te! ;'561; 684-41, 70
MEMORANDUM 5vfe
FROM: Randy M. Whitfield, P.E. %��
Director r
DATE: March 12, 1998
RE: Eminent Domain Legislation
The Board has previously discussed possible changes to Florida's eminent domain laws. The
MPOAC has set changes in eminent domain laws to reduce the costs of land acquisition as a
component of its legislative program. The Legislature is considering changes this year which could
result in increased costs for purchasing right -of -way. The Florida Association of Counties has also
set a priority on consideration of changes that increase costs.
Attached is a status report from FAC on eminent domain legislation. Also enclosed is a summary
and analysis performed by Senate staff and a copy of the bill under consideration. The staff analysis
indicates that would be an impact on FDOT over $14 million. Local government impacts were not
available but are believed to be substantial.
The Department of Transportation has opposed the bill's provision that increase the cost of acquiring
right -of -way. The major areas of concern are payments for impacts on access and changes in the
number of years associated with business damages.
Staff Recommendation: The MPO oppose any changes in the eminent domain process and
requirements that would increase the costs of land acquisition for transportation purposes.
RMW:pah
Attachments
GO Box 2132° Palm Br-a,--p
era. —��'. 77C ♦u �. � :� _ _
• Article V: FACa Article V legislation now has a Senate bill n
'•�� Sen. Ron Silver (aDade) so 1016 ame s s e3 Pum �101 COunb will not be f
rules adopted last year trial protrrde a Z-year >rfe =pan forbilis not The d H boat
houses, combined with the 6rtited number of bin slots House mans
made finding House sponsors more drifrtult FA h members have. has
fro^+ tubers to s i us with this i C as ot7tarn@d m —"rots
e '"' or a House till. /p
CM GG' (RrOOp)
Tobacco Settlement: The Senate $elect C mrttee on To
Implementation adopted guidelines for use of the state's 311.3�i net<�jp�
proceeds this week (see Feb 11 Leflrsraill BuUebn). Once cleared by Senate
leadership, these guidelines well assist the
for the f Senate in developing spending policies
yMe Amon th rdelrnes
_ that have borne costs ferfopacoo-relat M ^ 1 wemmentz
Although this signals 1e91slatrve suppno for FAC13 position, ongoing
ICU concsms nave been rdried by Sert William 'Doc^ Myers (R- Martin) and Rep.
Debby Sanderson (R- l3rowarb), respective d�a,rs of the
i human services appropriations Committee, as well as�� cve ort
staff, about the outstanding balance ror mandated Medicaid costs owed by
• +,.� counties The total ro :rrrtatel 7 million Ste
This nt ro Yawn fUledrtnrd Casts di
utad ee as of J 1998
��♦ Ye rs There rs some in tent m •eloano' out Mrs �u ss over sererst
doer ra». tobacco funds
murrtreE a I that m ma not _
t7r4C has voiced conprn y this approach, advising that �edrsput�
share costa area separate issue from reimbursing counties for their
share of the tobacco propels,
The House and Senate intend to complete their respective budgets by
mid-March. Calls and/or letters to your legislators one needed b help ensure
q< that counties are reimbursed their proportionate share of Medicaid costs
from the settlement funk.
GC
Eminent Domain: $@Mate Govemmentat Reform & Oversight had lengthy debate
oM SO 92. sponsored by San. John Grant (R- HBfsbOrough). The committee voted
down an am offered FA th t would Aav
March6, 1998 meetin and Comm nKEred between condemnor a a re ib ab
owners in ahem tors lama cau �ord'es and mv
unn I atron fW b a r n eC! and re
In This Issue businas Me amend t would h • rovided that a
(YOL 4, NO. 3) condemns'
ndt ino numonty ss busrrtess dam 5 and make a A t offer to tt►e
Adralnlatin on, Labor& With help from County alt rneys and county tobb
Tronsportabon ......... _. 2 wor king on Mrs issue since last session when a similar Wit was considered been
Crintiner Jusbcs not pass SB 8Z has now led but did
i Pu01se Safe Overar h passed Senate Judiciary and Governmental Reform &
Finance, Tax j = additional scrutiny es next To Senate T�rtsportatron, where It likely will recerve
APprOPnations
................ 3 In the House. HS 3583 is pending
G'• r•. En.rNp ptatm."s (R-St I-LAC e) is amder to t%e ono nsr SG 9? The bill. sponsored by Rep Ken Pruitt
i Public Works .... »....... t bill ha6 not been placed phi °r senator Grunt To date, trio
Maalfr i Human Sere .,-, s p the agenda in any House Committee
P 0- 0%'1 549 - Tallahassee, FL 32302 • coPrtlrruedorrpage�
(850) 92Z�308 •Fax (8S0) 4aa.7501
V9
C-r- - ecc
3 &I 15 k- ,,.,
M6 C/O 90— AVX
0 S
4 &vg
41
Health & Human
Services
(Contact Carol Bracy)
cninaren's Health Caret itle XXI: A Senate bil l
implementing the new federaUstete Children's Health
Insurance Program has been filed, SB 122a It ,s co.
sportsorad by Sens. C"nMY Bnswn -Rite (R- Hernando),
'Doc' Myers (R- MaKut), Hill 88nXhood (R- Dwal). Locke
&A (R- Voiusia), and Ron Silver (D -Dade) (see Jan 13
6 11 LeDwatrw BuGetvns) An unveinrip of a House
PrOPesal Is expected soon fVtalor4ifferenaa arty ��
bethroen the House and Senate versions Inelµif
--
� f�pansion Issues and intposino l:cej,ur o
for oubbe a titV provider pnd rtity
d V -.4 frs, The Senpla's health ,,human SON Clio
I�li.vynat:wh �,,,Rh, —„� is cortemptatuv tht 4se 81
_ Jt�7lrrfBl +on�vrnihefgharj'p;vi�eq�
to fund
fund
iransPOMation 0lsadvantaged Program (TD):
House Trs+►sDo►tabon nsleased its proposed cpmmillee
bill on 11ung ft TO Program, PCB TR 98.03 The
bill alms to eliminatf the currolt TO Commission
local di-m-jsion- makinc. pnd, improve local
° "'Si �•��%rh O#rpllpla FA(i'a�CSu�.,. Senate
O��wtats addressing TD program changes have been
bled by Sens. Jim Hargrott (1 ),.H111sborough). Sd 1492,
and Howard Forman (D- Broward), 581242
5eh4VIOr'8l Health (ADM): As previously roported,
aglt�ation mandating a county match for abuse
rvioes has been filed in the Senate (per Feb 11
(.e9rs►atrve Su ft"). 58 366 by Sen. Fretd Dudley (R-
Lee) VIII be considered by Senate Children. Famines 8
Seniors on Marsh 112 at 9 a.m. Previous action on the
bill was deferred C.Mment law rQuires counties p„
Provide a local match uO to 2h % for ..y
�aWth and a:Q;_nQj abuse "wises only.
The Dept of Children 8 Families recently
conducted a survey of Its districts to detemline the
Current level of local match funding for t� Wna abuse
cervices (81COh w g drug abuse) The survey resu►r<
oortefuded that TD-toes are "ding awry m-o
million statewide- currently for substan44 abut
ServlOfS This amount represents one -hall %) or thrr
required 25% local mak h lave, 1hould $8 5" oat.
this session An a-endment has bee -h drafted to
5 Vhatt a ob ir a n r,
the current f yridinq law:
P 0. Box 549 • TslLahassee, FI,
Emergency Medlcal Sefvioe:lCOPM: A till
fled to remove count, oup, .,;,,i, Qor ,
i ,rflonrte a.:�.t 30, EMS .4" _vn h
c d- 000 or Y, .- in pop - _ _�.
1474 by Wh i Charles, Wilbams D.
has met with Son. Williams' s, stsft► to ese PAC
oDPosltion to this lepislatlon The House companion iu
Is sponsored by Rep. Tom Feeney (R- Orange)
Smoking Regulatlo11111- al Control: Touted as the
'preemption repeal- Iegl$18ton, S8 148 by Sen. pan
Sullivan (R•Pinellas), will be heard in Senate
Community Aftain; on March 12 at 1 p.m. The No eivas
counties tho autt only to-aas s-vnoertvul
rlaono to smolanp in pu¢Ii
. House bill by
Rep Bab Cebey (R- Alachua), HIS 3379, Is slated to be
heard in House Cvmmunrty Affairs the following week
FAC will testify in support of both bills
EMSlMedicaid- Medicane Crossover Payments: As
Part of its budget denoerabons, the Senate Health it
Human Servioes Appropriations Committee is
tonsidenno 4rcludmp ambulanee ��hnden „rangl.
Medipre/titedicaid patients Dually eligibles) fr....
aa,ment a tS-Nu G*dbr Met =, -c ::..a
Feb. 11 Cegrs/aove 8ull6An). The committee plans to
fully discuss the crossover payment policy for health
Caro pn7viders at its next round of budget hearings.
FAC Top Pricrttias ... Continued from page 1
it is IrnDOMWO that the cost imp►icatiens of these biNS b
int7spendert(IY analmd by fit, Conte, -,•;
puUhortn4f antl their rY,..'1se1 Imp:,a;ions shnuli? b„
40M.mcrud and Win7n
legislators 4m""'•••d � FAC and v..,
°� Copies of the belts are available through FAC
or via www on -line sunshine com FAC continues to
work on this issue in an sttempt to reach a
• (850) 9224300 • Fax (850) 48g.7Sp1
,,;4-: o3
1
SPONSOR Judiciary CommitteC and Senators Grant and BM L: CS /SB 92
Cases
Page 1
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(fhis document 'S based only on the Provisions eomanud m the ksittaLM as of the last date Imed below.)
Date: January 21, 1998
Subject: FmirieIIt Domain
Avst
1. wiehle n.� �,,,
2. Wilson Q�
4.
5.
I. Summary:
Revised:
Staff Director Reference fiction
Lang JU Favorable/CS
Wilson GO
TR
The bill requires that all condemning authorities make a written offer of full compensation before
instituting litigation. It defines "business records" and provides that governmental condemnino
authorities may seek to obtain business records from those operating businesses on the property
sought to be acquired.
The bill makes a number of changes concerning compensation..in- eminent domain cases,
including:
• creating a provision specifying that in determining the value of the property sought to be
appropriated, if the property is used for an agricultural operation, income from fanning
is attributable to real property.
• revising current statutes to provide that business damages are payable in whole takings
as well as in partial takings.
• creating a new statutory provision directing that business damages are payable for
substantial dimunition of access.
• amending current statutes to provide that business damages are payable to a business of
years standing instead of the current more than 5 years standing.
• creating a provision that business damages are limited to the total of the fair market
value of the business and reasonable moving expenses.
• creating a provision that evidence of the ability to mitigate severance damages and
business damages may be considered when the cost of mitigation is less than the total
severance and business damages.
SPONSOR Judiciary Committee and Senators Grant and BILL: CS/SB 92
Cases
Page 2
The bill repeals s. 33727(2), F.S., which currently allows the Deparanem of Transportation to
take an entire parcel if the cost of doing so is equal to or less than the cost of taking only that
portion of the property which is required for the project.
The bill reduces attrtrney's fees in emi*+ent domain cases by reducing the percentage figures used
in calculating these fees.
This bill amends sections 73.0511, 73.071, and 73.092 and repeals subsection 33727(2) of the
Florida Statutes.
11. Present Situation:
A. Constitutional Provisions
Eminent domain is the power of the stn *" to take private property for public rue. Under both the
federal and state constitu nOns that power is restricted. The Fifth Amendment to the U.S.
Constitution provides that private property may not be taken for public use without just
compensation. Article X, s. (6)(a), of the sme- constitution, prohibits the govemment from taking
property through the exercise of rrmnenx domain without the payment of full compensation, as
follows:
No private property shall be taken except for a public purpose and with full
compensation therefor paid to each owner or secured by deposit in the registry
of the court and available to the owner.
The payment of cOrnnensation for intangible losses and incidental or consequential damages,
however, is not required by the constitution, but is granted or withheld simply as a mattes of
legislative grace. Tampa - Hillsborough County Expressway Authority, v. KE. Morris Alignment
Service, Inc., 444 So.2d 926, 928 (Fla. 1983). As such, the statutes authoriT*ug these damages
must be strictly construed and any ambiguity in these statutes must be construed against the claim
of damages, with such damages to be awarded only when such an award appears clearly
consistent with legislative intent. Id., at 929.
B. Eminent Domain Statutes
1. Generally
a. Eminent Domain Process
Chapters 73 & 74, F.S., provide for eminent domain and proceedings supplemental to eminent
domA*n, respectively. Eminent domain is begun by filing a petition for eminent domain,
s. 73.021, F.S. Upon the filing of a petition, the clerk of court is to issue a summons to show
cause why the property described in the petition should not be taken. S. 73.031, F.S. The
summons must require all defendants named in the petition and all others who claim ar interest
SPONSOR Judiciary Committee and Senators Grant and BILL: CS/SB 92
Casas
Page 3
in the property to serve written defenses on a day specified in the summons. Id. The desiffnntm
date must be not less than 28 nor more than 60 days from the date of the summons. Id. A copy of
the petition and summons must be served on all named resident defendants not less than '70 days
before the return date. Id. Nonresident and unknown or unlocated defentiA*+ts are to be served by
publication. Id.
The petitioner may make an offer of judgment no sooner than 120 days after the defendant has
filed an answer and no later than 20 days prior to trial. s. 73.032, F.S. A defendant may make an
offer to have judgment entered against defendant for payment of compensation by petitioner only
for an amount that is under $100,000, and such offer may be served on petitioner no sooner than
120 days after the defendant has filed an answer and no later than 20 days prior to trial. Id.
The offer of judgment must: be in writing; settle all pending claims with that party or parties
exclusive of attorney's fees and costs; state that the offer is made pursuant to this section; name
the parties to whom the offer is made; briefly si mmnrize any relevant conditions; state the total
amount of the offer; and include a certificate of service. Id. The offer of judgment is deemed
rejected unless accepted by fiiina both a written acceptance and the written offer with the court
within 30 days after service of the offer, or before the trial bevinc if less than 30 days. Id. At the
time an offer of judgment is made by the petitioner, the petitioner must identify and make
available to the defendant the construction plans, if any, for the project on which the offer is
based. Id.
Prior to instituting litigation, the condemninv authority must notify the fee owners of their
statutory rights concerning attorney's fees and costs. s. 73.0511, F.S.
At the trial on the petition for eminent domain, the court must impanel a jury of 12 persons as
soon as practical considering the reasonable necessities of the court and of the parties, and giving
preference to the trial of eminent domain cases over other civil actions. s. 73.071, F.S. The jury is
to determine the amount of compensation for the property to be acquired. Id. The amount of
compensation is to be determined as of the date of trial. or the date upon which title passes.
whichever shall occur first. Id. The jury is to determine solely the amount of compensation to be
paid. with compensation to include, in part. the following:
1. The value of the property sought to be appropriated; and
2. Where less than the entire property is sought to be appropriated, any damages to the
remainder caused by the taking; these are known as severance damages. When the
action is by specified condemning authorities for the condemnation of a right -of -way
and the effect of the taking of the property involved may damage or destroy an
established business of more than 5 years' standing, owned by the party whose lands are
being so taken, located upon adjoining lands owned or held by such party, severance
damages include the probable damages to the business which the denial of the use of the
property so taken may reasonably cause. Any person claiming the right to recover
business damages must set forth in his or her written defenses the nature and extent of
the damages.
SPONSOR Judiciary Committee and Senators Grant and BILL: CS/SB 92
Cases
Page a
b. Attorney's Fees
In an emi*tent domain proceeding, an award of smn- mey,s fees is based "solely on the benefits
achieved for the client." s. 73.092(1), F.S. The term "benefits" means the difference, exclusive of
interest, between the final ,judgment Or settlement and the last wntten offer madp- by the
condemning authority before the defendant hires an attorney. s. 73.092(lxa), F.S. If an attorney
is hired before a written offer is made, benefits must be measured from the first written offer
after the attorney is hired. Id. Paragraph 73.092(1 (c), F.S., provides that attorney's fees based on
benefits achieved are to be awarded according to the following schedule:
1 •
Thirty-three percent of any benefit up to $250,000; plus
2. Twenty -five percent of any portion Of the benefit between $250,000 and $1 million plus
3. Twenty percent of any portion of the benefit exceeding $ I million.
c. Tatting Possession of Property Prior to Final Judgment
Chapter 74, F.S., permits specified condemning authorities to take possession and title in
advance Of final judgment in eminent domain actions. The
the Department of T specified authorities include: the state,
ransportation, any county, school board, municipality, expressway authority,
regional wa*'* supply authority, transportation authority, flood control district, or drainage or
subdrainage district, the ship canal authority, any lawfully constituted housing, port, or aviation
authority; the Spaceport Florida Authority, or any nasal electric cooperative, telephone
cooperative corporation, or public utility corporation. Currently, the chapter contains no
Provision addressing presuit negotiations or mediation. At the time of filing a declaration of
taking pursuant to this chapter, the petitioner must make a good faith estimate of value, based
upon a valid appraisal of each parcel in the proceeding, which must be untie a part of the
declaration of taking. s. 74.031, F.S.
d. Cost of Partial Taking versus Whole Taking
Subsection 337.27(2), F.S., enacted in 1984, provides:
In the acquisition of lands and property, the department may acquire an entire lot,
block, or tract of land if, by doing so, the acquisition costs to the department will be
equal to or less than the cost of acquiring a portion of the property. This subsection
shall be construed as a specific recognition by the Legislature that this means of
limiting the rising costs to the state of property acquisition is a public purpose and that
without this limitation, the viability of many public projects will be threatened
In 1988, the Florida Supreme Court heard a case in which a property owner challenged the
constitutionality of this subsection, claiming that a whole taking under these circumstances
violated the public purpose requirement for takings of private property. Department of
Transportation v Fortune Federal Savings and Loan Association, 532 Sold 1267 (Fla. 1988).
SPONSOR Judiciary Committee and Senators Grant and BILL: CS/SB 92
Casas
Page 5
The Court upheld the rninimi "eon of acquisition costs as a valid public purpose for taking the
whole property where doing so was less expensive than a partial taking. Id, at 1270.
2. Department of Transportation Acquisition Negotiation Statute
There is an additional statute regulating real property acquisition negotiations conducted by the
Department of Transportation (DOT). This statute requires DOT to negotiate with the property
owner in good faith and to attempt to arrive at an agreed amount of compensation for the
property sought. s. 337.271(1), F.S. At the inception of the negotiation, DOT must notify the
owner of the acquisition sought, provide specified information about the project and inform the
property owner of their statutory rights in the process. s. 337.271(2), F.S. This notice must be
sent by certified mail to the property owner at the last known address listed on the ad valorem tax
roll. s. 337.271(3), F.S. A return of the notice as undeliverable constitutes notice. Id DOT is not
required to give notice to anyone who acquires the property after the original notice. Id.
Within 120 days afar receipt of the notice, the property owner may submit a complete appraisal
report related to the parcel to be acquired and, if business damages are to be claimed, submit a
complete estimate of those damages. s. 337271(4) & (5), F.S. If the property owner submits the
appraisal report, and business damages report if relevant, within 30 days of the date on which
DOT receives the report(s), it is to provide to the property owner all appraisal reports and
business expense estimat-s prepared for DOT rGla*-d to the property. s. 337.271(7), F.S. Under
these circumstances, DOT is also to make a written offer of purchase to the property owner and
the business owner, if any, which includes the value of the land and improvements taken and any
business or severance damages. s. 337.271(8), F.S. After exchanging appraisal and business
damages reports, the parties may jointly agree to nonbinding mediation. s. 337.271(9), F.S.
Upon submission of an invoice, DOT must pay all reasonable costs, including reasonable
attorney's fees. incurred on behalf of a property owner who proceeds to prelitigation negotiation
settlement pursuant to the provisions of this section. The attorney's fees are be based upon the
criteria of s. 73.092. The invoice must include complete time records and a detailed statement of
services performed and time spent performing such services. Reasonable appraisal or accountant
fees cannot exceed the general or customary hourly rate for appraisal or accounting fees in the
community. If the parties cannot agree on the amount of costs and attorney's fees to be paid by
DOT, the property owner may file a complaint in the circuit court in the county where the
property is located to recover reasonable attorney's fees and costs.
C. Right of Access Case Law
When a governmental action causes a substantial loss of access to real property without a taking
of the property, there is a right to compensation through an inverse condemnation action. Palm
Beach County v. Tessler, 538 So.2d 846, 849 (Fla 1989). However, the fact that a portion or
even all of the access to an abutting road is destroyed does not constitute a taking unless, in light
of the remaining access to the property, the property owner's right of access was substantially
diminished Id. Damages recoverable are lirnited to the reduction in the value of the property
which was caused by the loss of access. Id. Business damages are controlled by s. 73.071, F.S.
SPONSOR Judiciary Committee and Senators Grant and BELL: CS/SB 92
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Id., at 850. This statute does not authorize compensation for business damages under such
circumstances; business damages are compensable only when there is a partial taking of land.
Weaver Oil Co. v. City of Tallahassee, 647 Sold 819, 822 (Fla. 1994). Thus, when a
governmental action reduces access but the reduction in access is not substantial, there is no
taking of access. Id. Additionally, even if the reduction in access does rise to the level of a taking
if the governmental action did not involve a taking of a part of the property on which the
business is located, there can be no business damages. Id.
Effect of Proposed Changes:
A. Settlement Offers, Exchanges of Records
L Offer to Property Owner, Exchange of Appraisals
Section 1 amends s. 73.0511, F.S., to require that before instituting L-minent domain litigation, a
condemning authority must make a written offer of full compensation naming the fee owners to
whom it is made. The bill clarifies that the written offer and notice of statutory rights are to be
given to the fee owners appearing of record on the date the offer is rr+atie.
After the offer is made, the fee owner may request a copy of the most current appraisal and
construction plans pertaining to the property upon which the offer is based. If the condemning
authority is a governmental entity, it must provide the appraisal and plane within 15 days of the
request_ However, if the property is being acquired by the state for conservation or recreational
purposes pursuant to s. 259.041, F.S., the condemning authority is not required to provide the
current appraisal prior to execution of an option contract to purchase the property. Paragraph
259.041(7)(e), F.S., makes such appraisals confidential until an option contract is executed or, if
no option is executed, until 2 weeks before a contract for purchase is considered for approval by
the board of trustees.
Within 30 days after receipt of the governmental authority's appraisal, the fee owners must
provide to the condemning authority a copy of the most current appraisal of the property prepared
during the prior three years which is within the control or possession of the owner.
2. Notice to Business Owners, Business Records, Offer of Business Damages
When a governmental condemning authority is seeking to acquire property for a proposed road
right -of -way project, before instituting litigation, the condemning authority must make a good
faith effort to notify onsite operators of businesses located on the property of statutory rights. If
requested, the authority is also to provide within 30 days a copy of the constructions plans, if any,
and any tight -of- -way mans pertaining to the property to be acquired.
After tendering the offer of full compensation to the fee owners, the governmental condemning
authority may seek to obtain from the owner or onsite operator of the business a copy of the
business records kept in the ordinary course of business, if available. `Business records" is
SPONSOR Judiciary Committee and Senators Grant and BILL: CS/SB 92
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Page 7
defined to mean copies of federal income tax returns, federal income tax withholding statements,
federal miscellaneous income tax statements, balance sheets, profit and loss statements, and state
corporate income tax returns attributable to the property to be acquired for the last 3 years
preceding notification. If these records are consoliti?t_e�d with records of other business
operations, edited portions of the consolidated business records may be provided, along with a
signed acknowledgment from the business owner. These provisions are not mandatory and are
not to be construed as a condition for claiming business damages.
If business records are provided to the condemning authority, they must be kept confidential and
used only for the purpose of preparing the written offer or in the condemnation suit After the
records are obtained, the condemning authority may make a written offer of settlement for
business damages. If an eminent domain action is initiated more than 90 days after receipt of the
business records, the authority must include a good -faith estimate of business damages in its
declaration of taking and must deposit the amount of the estimate into the court registry. The
good -faith estimate constitutes a written offer of settlement.
B. Compensation, Including Business Damages and Right of Access
Section 2 of the bill makes a number of amendments to s. 73.071, F.S., concerning compensation
in eminent domain cases.
1. Income from Farming
The bill provides that in determining the value of the property sought to be appropriated, if the
use of the property is an agricultural operation as defined in s. 570.02(1), F.S., income from
farming is attributable to real estate. Subsection 570.02(1), F.S., defines the term "agriculture" as
follows: "the science and art of production of plants and animals useful to humans, including to a
variable extent the preparation of these products for human use and their disposal by marketing
or otherwise, and includes ag11ae-ulture, horticulture. floriculture, viticulture, forestry, dairy,
livestock poultry, bees, and any and all forms of farm products and farm production. For the
purposes of marketing and promotional activities, seafood shall also be included in this
definition."
2. Business Damages
Currently paragraph 73.071(3)(b), F.S., provides that in partial takings, severance damages and
business damages are to be included in the compensation to be paid. The bill splits out the
provisions on business damages from this paragraph, thus providing for business damages in
whole takings as well as in partial takings. The bill also provides for: business damages due to
"substantial dimunition of access "; payment of business damages to a business of more than ;
years standing, as opposed to the current 5 years; and, a limit on the total business damages
awarded of the total of the fair market value of the business and reasonable moving expenses.
Finally, evidence of the ability to mitigate both business damages and severance damages on site
or by relocating may be considered when the cost of mitigation is less than the total severance
SPONSOR Judiciary Commies and Senators Grant and BTT_i _; CS/SB 92
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and business damages claimed. Additionally, when determining severance damages, business
damages, and the total cost to cure payable to the claimant, any increased cost of operation,
reasonahle expenses of mitigation, moving costs, downtime losses, and unmitigated damages
may be included.
C. Repeal of Subsection 337.27(2), F.S.
The bill repeals subsection 337.27(2), F.S. This subsection currently applies to situations where
the Department of Transportation is acquiring land for a project and needs only a portion of a
particular parcel of land for that project The subsection provides that if the costs of acquiring the
entire parcel will be equal to or less than the cost of acquiring only that portion of the property
which is needed for the project, the Department may acquire the entire parcel.
D. Attorney's Fees
The bill amends paragraph 73.092(1)(c), F.S., to reduce attorIIey's fees by reducing the
percentages used to calct>>?*& these fees. The percentages are reduced as follows: 300% of the first
$250,000 in benefits instead of the current 33 %; 20% of the next $750,000 instead of the current
25 %; and 12% of any benefit exceeding $1 million instead of the current 200/c.
E. Effft-uve Date
Section 5 provides that the bill takes effect July 1, 1998.
N. Constitutional issues:
A. Municipality /County Mandates Restrictions:
Article VII, Section 18, Star- Constitution, provides in part:
(a) No county or municipality shall be bound by any general law requiring
such county or municipality to spend funds or to take an action requiring the
expenditure offunds unless the Legislature has determined that such law fulfills an
important state interest and unless: ... the Legislature authorizes or has
authorized a county or municipality to enact a funding source not available for
such county or municipality on February 1, 1989, that can be used to generate the
amount of funds estimated to be sufficient to fund such expenditure by a simple
majority vote of the governing body of such county or municipality ... .
Because CS/SB 92 affects all governmental condemning authorities it can require local
governments to spend money or to take actions which require the expenditure of money.
Article VII, Section 18 applies. For an exemption to apply any one of eight conditions
needs to be met None of these conditions appears to apply. For an exception to
SPONSOR Judiciary Committ" and Senators Chant and BELL: CS/SB 92
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apply to the provisions of the constitutional amendment, two tiers of requirements must be
satisfied: first, the Legislature must formMly declare in the proposed legislation that an
important state interest exists; and second, any one of four other enumerated conditions
must occur:
a. Dstimatnd funds are
appropriated to cover the marldati.;
b. A new, post - February 1, 1989, simple majority funding source is provided locally;
c. Similarly situated persons are all required to comply; or
d. The implementin-a legislation is a federal requirement.
' ithout the important state interest declaration, no unit of local government is required to
comply. This bill does not contain such a declaration. Absent any one of the four
supplemental criteria, above, the bill requires a two-thirds vote of each chamber of the
Legislature for a mandate to be effective. As discussed below, there is reason to believe that
none of the criteria in this second tier is clearly satisfied as they affect the business damages
provisions of the bill in partial takings. A discussion follows.
It has not been the policy of the General Appropriations Act to provide, nor does this bill
contain, supplemental funds or authority to units of local government for business damages
incidental to partial takings. As a result, new financial policy would have to be executed in
the Appropriations Act or other substantive legislation for criterion (a) to be satisfied. The
creation of a new standard of "substantial diminution of access" in s. 2 of the bill will
accelerate this cost issue since no statutory standards have been developed to guide jury
awards.
In order to gauge the effect of criterion (b) three separate issues must be addressed
concurrently: first, the incidence of finding sources available to local governments,
i.e., cities and counties only; second, how many of those funding sources were "new" and
enacted after February 1, 1989; and third, which of those enactments are governed by simple
or extraordinary passage requirements. The source materials for this analysis are the
1997 Florida Tax Handbook, an annual joint publication of the respective standing fiscal
committees of the Florida Senate and House of Representatives and Florida's
Transportation Tax Sources, A Primer, a February 1997 publication of the Florida
Department of Transportation. The county local option motor fuel tax imposed under
s. 336.025. F.S., as amended by the 1993 Legislature, permits simple majority or referendum
enactment of the first six cents on non - diesel motor fuel; imposition of the remaining five
cents of the full eleven cents requires an extraordinary vote. Criterion (b) would be partially
satisfied in the counties which have unused capacity but not in the remaining local
governments which have reached the limits of this revenue source or wish to obligate any of
the unused seventh through eleventh cents. The ninth cent fuel tax imposed under s.
336.021, F.S., would not satisfy this criterion since it requires more than -ample majority
vote. The charter county transit system surtax authorized under ss. 212.054 and 212.055(1),
F.S., may be available for large -scale transportation projects consistent with its purpose, but
its enactment predates 1989. The local government infrastructure surtax authorized under
SPONSOR Judiciary Committee and Senator's Grant and BU.L. CS/SB 92
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ss. 212.054 and 212.055(2), F.S., may be available. As of January 1, 1997 thirty-one
counties used this levy, all but two of which obligated the full one percent stu -iAx amoum.
For small to medium sized counties with millage cap difficulties thi-, alternative may prove
workable; but for others which have obliga*e�i the full amount this gout may not prove
sensitive to any rights -of -way issues presented them in partial takings on their own
transportation projects. The use of this tax source requires compliance with the local
comprehensive plan. The original enactment date of this sum occurred before 1989 but
subsequent amendments after that date have expanded its application to other governmental
Purposes not in the pre -1989 statute. The small county surtax authorized by s. 212.055(3),
F.S., was enacted after 1989 but its implementation requires an extraordinary vote of the
county comet; «ion, and for bonded indebtedness, a referendum as well.
Criterion (c) requires the legislation to affect all similarly situated persons. If the
connotation of person is used in the individual, citizen sense then this criterion may be
satisfied However, when it is used in the artificial, or business entity sense, not all business
owners affected by partial takings would be treated Similarly since the economic
consequence of criterion (b), above, would have widely varying affects in each county
based upon its tax structure and available tax capacity, the actions of the implementing
authority, the amount of roadways functionally reclassified to it by prior legislatures
or negot;a*fd with the Department of Transportation, and any advance planning required
to effect compliance with the appropriate element of the local comprehensive plan.
Criterion (d) makes an exception to Art. VII, s. 18, State Constitution, to the extent that
the enactment of state law is a federal requirement. The Florida Department of
Transportation advises that there is no federal requirement or reimbursement permitted
for business damages in partial takings; these funds would have to be raised through other
state or local sources. This is important since the bill has the effect of repealing'the law of
the case established in Fortune. Some local governments may receive specific federal funds
for their local projects directly; in such instances this would mitigate the potential adverse
effect of partial taking business damages, provided the use of those separately derived funds
permitted it
Three additional exceptions govern whether a two-thirds or simple majority vote is required:
a. A post 2 -1 -89 enhancement to state tax sources; or
b. A proclaimed fiscal emergency; or
c. A revenue replacement sufficient to offset local government reductions.
The bill's context clearly implies that neither "a," "b," or "c" are affected by any of its
provisions.
For the above reasons, it appears that the inclusion of an important state interest clause and
a two- thirds vote of each chamber of the Legislature is required to pass this legislation in its
present form. In the absence of either or both of these provisions, the bill in its present
SPONSOR Judiciary Comminrr and Senators Grant and SELL: CS/SB 92
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form may not uniformly impose a clear compliance requfremeru upon local governments.
The effect of this upon the undertaking of non -state roadway projects with contested rights -
of -way issues on partial takings could be significant in its financial effects although highly
variable in its application.
B. Public Records/Open Meetings Issues:
Subsection (4) of s. 73.0511, F.S., includes a public records exemption provision which
violates Article I, Section 24(a), State Constitution. This provision must be placed in a
separate bill and evidence further compliance by inclusion of an important gram interest
clause.
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill *nay increase compensation to property owners as it: repeals the authority for the
Department of Transportation to do a whole taking where the cost of acquisition is the same
as or less than the cost for a partial take; provides for attribution of income from farming to
real estate in detet=i,ining the value of the property sought to be appropriated; provides for
payment of business damages to a business of 3 years standing, instead of the current 5
years; and provides for payment of business damages for substantial diminution of access.
However. there may be some offsetting reduction of business damages due to mitigation.
The Department of Transportation conducted a cost analysis of its estimate of the financial
impact of CS /SB 92 on business owners. Based upon a thirty -month review of final
judgments made between July, 1995 and December 31, 1997 the agency estimated an
additional 49 business damage payments annually, averaging $107,209 each, attributable to
the bill's reduction in qualifying time. An additional 80 annual business damage payments
of $107,209 would be incurred. The estimated amount of cumulative additional payments
to affected private business owners is $13,829,961.
C. Government Sector Impact:
In order to more appropriately gauge the nature of the economic consequences of this bill
four variables will need to be explored: the direction of impact, the magnitude of impact, the
base or basis of the changes in the offering process, and the effect of rate changes. These
SPONSOR Judiciary Committee and Senators Grant and
Cases
BILL: CS/SB.92
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o-
issues necessarily interact and are subject to a high degree of variability which makes precise
estimation occasionally problematic. The below analysis should be considered illustrative of
policy effects rather than representative of statistical probability.
1. Direction of Impact - The cumulative effect of eliminating current law on whole
takings, effectively repealing the law of the case in Forrwie, accrues to the financial
advantage of the business owner and to the adverse interest of the governmental condmnning
authority. Because there can be no cost shifting of business damage payments to other
federally funded trust find accounts in state or local treasuries, one financial effect is to
obligate other tax revenue sources in those jurisdictions for any residual amounts. This will
place a particular strain on those units of local government, principally counties, at or
approaching their ten-mill ad valorem cap on operating levies. About one -third of Florida
counties find therngelves in this circumstance today. As discussed above there are additional
finances considerations affecting cities and counties relative to their utilization of statutorily
available but locally enacted optional tax sources.
2. Magnitude of Impact - A database review of the Florida Department of
Transportation's eminent domain case files was requested during the week of February 8,
1998. That review endeavored to determine the historic scale of such activity and extract
some illustrative effects of changes on the offering pis suggested by this bill. The
results of this review are displayed below and are discussed elsewhere in this section. The
cumulative impact of this bill is to increase expenses to the DOT by $14,084,197. This
figure does not include additional unknown costs affecting local governments due to
jurisdictional differences or to the financial consequences of changes to access, mitigation,
or the impVrarion of fanning income to real estat -_ These unknown costs are believed to be
substantial, however. The agency analysis revealed the following:
Historic Benefit Impacts: DOT Property Acquisition
and Business Damages Payments, 7195 - 92197
Agency Reports
Actual Payments
Average Payments Cases
.
(SS in Millions]
IS$ in ThoLL "rids]
ProDerry r0 parzeq
1,000
DOT Estimate
$ 203.9
$ 81,564
Owner Estimate
$ 561.3
$ 224,535
Final Judgment
S 357A
$ 142,961
Busing" Damaq—
122
DOT Estimate
$ 7.6
$ 24,897
Owner Estimate
$ 1232
$ 403,829
Final Payment
S 327
$ 107,209
Source: DOT,2/98
SPONSOR Judiciary Corn*nrn- and Senators Grant and BELL: CS/SB 92
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3. Changes in Rates - Section (4) reduces attorneys, fees in eminent domain judicial
Proceedings. While the effect may be to reduce the rates, the simultaneous elimin"On
Of the Fortune riling through repeal of ss. 337.27(2), F.S., s. 3 of the bill, could result in
higher acquisition costs for less than full takings. The Department of Transportation
estimates a $2,931,290 reduction is x"nrneys fees attributable to the schedule change but an
additional offsetting cost of $3,185,526 in attorneys fees attributable to additional business
damages payments. The net result is an increase in attorneys fees costs of $254,236
attributable solely to agency initiated acquisitions.
4. Changes in Base - As discussed above, a direct consequence of changing the nature
of the offering, specifically the time frame for computation of business damages and the
effective repeal of the Fortune standard, is an increase in the cost basis. The financial effect
on cities and counties is unknown but is believed to be at least as substantial as that on the
Department of Transportation.
VI. Technical Deficiencies:
The bill provides that a governmental condemning authority must provide an appraisal and plans
"within 15 days of the request" for the documents. The bill does not specify whether this is 15
days from the date the request is trade or 15 days from the date the request is received, a
difference which could be important if the request is made by mail.
The bill provides that if the business records for the property to be acquired are consolidated with
those of other business operations, edited portions of the consolidated records may be provided,
"in addition to a signed acknowledgment from the business owner." The bill does not state what
the business owner is to acknowledge. It does not state, also, what the character of those records
is if they are classified as confidential under other statutory authority. Do they also become
presumptively public under ss. (4) of s. 7' ).05 F.S., in the absence of a specific exemption
contained in a separate bill?
The bill provides that in determining the value of the property sought to be appropriated, if "the
use of the property sought to be acquired is an agricultural operation as defined in
s. 570.02(1). F.S., income from farming is attributable to real estate." This raises two points.
First s. 570.02(1), F.S., does not define the term `'agricultural operation." Instead, it defines the
term "agriculture" to mean:
"the science and art of production of plants and animals useful to humans, including to
a variable extent the preparation of these products for human use and their disposal by
marketing or otherwise, and includes aquaeulture, horticulture, floriculture, viticulture,
forestry, dairy, livestock poultry, bees, and any and all forms offarm products and
farm production. For the purposes of marketing and promotional activities, seafood
shall also be included in this definition. "
SPONSOR: Judiciary Committee and Senators Grant and BILL: CS/SB 92
Casas
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As such, it is uncertain how the courts would interpret and apply the term agricultural operation.
Second, the application of the language "income from farming is attdb,m±ble to real estate' is
similarly uncertain to the extent that it would include income which would have been earned
from futvre crops- A consequence of this change would be reflected in the method of appraisal
used, the cost, comparable sales, and income approaches are sensitive to the specific nature and
use of the property, which may or may not be its highest and best based upon current use.
The bill includes in business damages the "substantial diminution of access." Current case law
uses the standard of substantial diminution of access in light of the remaini-ng access to the
Property- It is uncertain how the courts would interpret and apply the language of the bill.
Subsection (4) makes confidential all business records obtained by the governmental condemning
authority. The inclusion of this provision violates Article I, Section (24xa), Star Constitution,
which requires all public records exemption bills to contain provisions only ji"B"o with
exemptions. This last sentence in ss. (4) will have to be removed from the bill to satisfy this
constitutional requirement A separate bill is required to effect this change. A consequence of
thie removal is to make all exchanges of business records under the revised ss. 73.0511, F.S.,
presumptively public, a change which would suggest some competitive advantage to the
condemning horny. In that circumstance the advantages of the voluntary nature of the
prelitigation changes to the business owner would be evident
There appears to be a coding error on page 3, line 18. The context would imply that the current
paragraph (c) should be coded as subsection 5.
VII. Related Issues:
As presently drafted and after consideration of the effects of Art I, s. 24(a) and Art VII, s. 18,
State Constitution, the bill would appear to apply principally to the Florida Department of
Transportation.
The two-thirds passage requirement is customarily noted in the journals of the proceedings of the
respective legislative chambers upon announcement and recording of the vote on a bill requiring
an extraordinary vote.
Vlll. Amendments:
None.
This Senate staff analysis does not reflect the intent or official position of the bill's spons±r or the Florida Senor,-
Bill No. CS /SB 92
Amendment No.
Senate
1011 M0119 581688
CHAMBER ACTION
SENATE AMENDMENT - � 1
Souse
Senator Rossin moved the following amendment:
Senate Amendment (with title amendment)
On page 1, line 20, through
page 3, line 29, delete section 1
and insert:
Section 1. Section 73.0511, Florida Statutes, is
amended to read:
73.0511 Prelitigation notice and settlement.- -
(1) LEGISLATIVE INTENT.- -The Legislature finds that it
is in the interest of the state that real property and
business owners be fairly compensated for losses caused by the
acquisition of public acquisition of property for road
projects, and that it is in the interest of the state that
public funds not be unnecessarily expended on excessive
litigation regarding such compensation. It is the intent of
the Legislature to develop an alternative dispute resolution
process to encourage condemning authorities and real property
and business owners to make good -faith efforts to meet and
resolve issues raised by a prospective road project. It is the
1
12:28 PM 03/03/98 s0092c1c -35m0a
j
•
Senator Rossin moved the following amendment:
Senate Amendment (with title amendment)
On page 1, line 20, through
page 3, line 29, delete section 1
and insert:
Section 1. Section 73.0511, Florida Statutes, is
amended to read:
73.0511 Prelitigation notice and settlement.- -
(1) LEGISLATIVE INTENT.- -The Legislature finds that it
is in the interest of the state that real property and
business owners be fairly compensated for losses caused by the
acquisition of public acquisition of property for road
projects, and that it is in the interest of the state that
public funds not be unnecessarily expended on excessive
litigation regarding such compensation. It is the intent of
the Legislature to develop an alternative dispute resolution
process to encourage condemning authorities and real property
and business owners to make good -faith efforts to meet and
resolve issues raised by a prospective road project. It is the
1
12:28 PM 03/03/98 s0092c1c -35m0a
Bill No. CS /SB 92
Amendment No.
581688
SENATE AMENDMENT
1 policy of this State that parties potentially affected by -
2 condemnation for road right -of -way proceeding make a
3 good -faith effort to resolve issues including, but not limiter
4 to, access and other impacts of the conmleted project on the
5 real property and businesses located thereon.
6 (2) PRELITIGATION NOTICE AND OFFER TO FEF OW -YrRS AND
7 ALTERNATIVE DISPUTE RESOLUTION PROrrDURES. --
8 (a) Before Prier -te instituting eminent domain
9 proceedings against the property iitigetiest, the condemning
10 authority shall notify the fee owners appearing of record on
11 the date the offer is made of statutory rights under s. 73.091
12 and this section, and shall make a written offer for the real_
13 property to be acquired nAming the fee owner to whn- it i=
14 made. The written offer required by this section must br
15 transmitted to the fee owner's last known address listed on
16 the county ad valorem tax roll. Notice to one owner
17 constitutes notice to all owners on multiple- ownership
18 property. The condemning authority is not required to giv`
19 notice to a person who acquires title to the property
20 subsequent to the notice required by this section.
21 (b) The condemning authority may include with the
22 offer required by paragraph (a) a request that the property
23 owner provide a list of existing tenants and notice to the
24 owner that the request for the list is being made under thin
25 section. Within 15 days after receipt of the request, the
26 owner shall provide the condemning authority with a list of
27 all businesses operating on the real property to be condamned,
28 with the name and address of the person the property owner
29 would contact regarding each such business, and information
30 identifying how long the tenant has been present on the
31 property. If the property owner fails to supply such
12:28 PM 03/03/98 2
s0092c1c -35m0a
Bill No. CS /SB 92
Amendment No.
581688
SENATE AMENDMENT
1 information, the condemning authority may petition the court
2 to compel that such information be supplied. The property
3 owner is not entitled to fees and costs in defense of such
4 legal action.
5 (c) After the written offer for the real property is
6 made, the fee owner may make a written request for, and the
7 condemning authority shall provide, within 15 days of receipt
8 of such request, the most current appraisal, right -of -way map
9 and construction plans pertaining to the property on which the
10 offer is made. The property owner must, within 30 days of
11 making such request of the condemning authority, provide the
12 condemning authority with a copy of the most recent appraisal
13 of the property, if any, prepared during the prior 3 years and
14 within the control or possession of the owner.
15 (d) Within 30 days after receipt by the property owner
16 of the condemning authority's appraisal, right -of -way map and
17 construction plans, the property owner shall provide to the
18 condemning authority a letter that, from a preliminary review
19 of the appraisal, right -of -way map and construction plans,
20 sets forth, in good faith, the property owner's initial
21 concerns, if any, regarding the design and impacts of the
22 proposed road project on the remaining property. The letter is
23 without prejudice to the property owner in the event an
24 eminent domain proceeding is filed against the property. The
25 letter may not be introduced into evidence in any trial under
26 chapter 73 or 74.
27 (e) When either party has made a written request, the
28 condemning authority and property owner must, within 45 days
29 after receipt by the property owner of the appraisal,
30 right- of-way map and construction plans, meet in an effort to
31 resolve issues raised by the proposed acquisition, including
3
12:28 PM 03/03/98
s0092cic -35mOa
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9
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Bill No. CS /SB 92
Amendment No.
581688
at,,
the property owner's letter of initial concerns, and full
compensation for the property to be acquired.
(f) The condemning authority shall pay reasonahl-
expert fees and costs, calculated under s. 73.091, and
reasonable attorney fee, calculated under s. 73.092(1)(c)
incurred in connection with any such prelitigation settle-i-ent
Of full compensation for the real property. The property owner
shall submit an invoice for reasonable expert fees and costs,
that must include complete time records and a detailel
statement of services performed and time spent performing such
services. Reasonable appraisal fees, as authorized by thin
section, may not exceed the general or customary hourly rat=
for appraisal fees in the community. If the parties cannot
agree on the amount of attorney's fees and costs to be paid by
the condemning authority, the property owner may file a
complaint in the circuit court in the county where thz
Property is located to recover reasonable attorney's fees an.i
costs.
(3) PRELITIGATION NOTIcF TO BUSINESS OWNF'R.-- Before
instituting eminent domain proceedings, the governmental
condemning authority, using the list provided by the real
property owner under paragraph (2)(b), or as otherwise
determined by investigation by the condemning authority, shall
make a good -faith effort to notify in writing the owner or
on -site operator of businesses located on the property to b2
acquired for a road right -of -way project, of potential
statutory rights under s. 73.091 and this section. Notice tc
one business owner or on -site operator constitutes notice tc
all owners on multiple- ownership businesses. The condemning
authority is not required to give notice to a person who
acquires ownership of the business subsequent to the notice
12:28 PM 03/03/98 4
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SENATE AMENDMENT
Bill No. CS /SB 92 ii{{
Amendment No. �11 581688
1 required by this section. When a business owner believes that
2 a road project may potentially cause damage to the owner's
3 business, which would result in an inverse condpmnation claim,
4 the business owner must comply with the requirements of
5 subsection (4) prior to instituting such inverse condpmnation_
6 action.
7 (4) BUSINESS DAMAGE ALTERNATE DISPUTE RESOLUTION
8 PROCEDURE.- -
9 (a) After receipt of the notice required under
10 subsection (3), a business owner may, make a written request,
11 that the condemning authority provide a copy of the appraisal,
12 right -of -way map and construction plans for the property to h-
13 acquired. The governmental condemning authority must provide
14 the appraisal, right -of -way map and construction plans withi-i
15 30 days after receipt of the request from the owner.
16 (b) Within 30 days after receipt by the business owner
17 of the condemning authority's appraisal, right -of -way map and
18 construction plans, the business owner must provide to the
19 condemning authority a letter that, from a preliminary revie°-
20 of the appraisal, right -of -way map and construction plans sete
21 forth, in good faith, the business owner's initial concerns,
22 if any, regarding the design and impacts of the proposers
23 project. The letter is without prejudice to the business owner
24 in the event an eminent domain proceeding is filed against thn
25 property. The letter may not be introduced into evidence in
26 proceedings under chapter 73 or 74.
27 (c) If either party makes a written request, the
28 condemning authority and business owner must, within 45 days
29 after the business owner's receipt of the appraisal,
30 right -of -way map, and construction plane, meet in an effort to
31 resolve the issues raised by the owner's letter of initial
12:28 PM 03/03/98 5
/ s0092c1c -35m0a
Bill No. CSISB 92
Amendment No.
581688
SENATE AMENDMENT
1 concerns and issues concerning the remaining access an %1
2 project design impacts on the business which could be caused
3 by the proposed acquisition, including on -site mitigation or
4 relocation of all or a part of the business to adjacent
5 property, or to another comparable location in the sama
6 general market trade area.
7 (d) If the issues raised at a meeting held under
8 paragraph (c) cannot be resolved, and the business owner has a
9 good -faith belief that the proposed acquisition will caus:
10 damage to the business remaining on the property after
11 acquisition, then the business owner mast, within 135 aay`
12 after the meeting, provide the condemning authority with a
13 claim for business aamages, together with the anta anil
14 analysis supporting the claim, that explains the nature and
15 extent of such damages. The claim must be prepared by the
16 owner, the owner's accountant, or a certified publi,
17 accountant. Upon request of the business owner, the condo. =,in��
18 authority must snake appropriate personnel available to meet
19 with the business owner to provide further information about
20 the road project or plans. When a business owner summits a
21 business damage claim, the business owner must permit the
22 condemning authority, at a m"tually convenient time and withi,
23 30 days after receipt of the business damage claim, to copy
24 and examine such of the financial and business records in thr
25 control or possession of the owner as the condpl;rning authority.
26 determines to be necessary for the condemning authority to
27 prepare its offer of business damages.
28 fe) Within 120 days after receipt of the business_
29 damage claim and supporting data and analysis from th.-
30 business owner, the condemning authority shall make a written
31 offer to the business owner that represents the condemningl
12:28 PM 03/03/98 6
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SENATE AMENDMENT
Bill No. CSISB 92
Amendment No. 581688
1 authority's good -faith estimate of the damage to the business,
2 if any, caused by the proposed acquisition. If requested, thz
3 business owner must meet with the condemning authority prior
4 to the offer being made to supply further information about
5 the concerns of the business owner, potential a_=mages, or the
6 business owner's business damages claim.
7 (f) After a written offer for business damages is m_adr
8 to the business owner, either party may request in writing
9 that the parties mediate unresolved issues. The mediation ml-1st
10 be held within 30 days after such request. The parties shall
11 agree upon a mediator certified under s. 44.102, and mediation
12 costs must be paid for by the condemning authority. Evident,_
13 of negotiations, or evidence of any written or oral state -menu
14 used in mediation conducted by the parties under this section.
15 is not admissible in any subsequent proceeding._
16 (9) The condemning authority shall pay reasonable
17 expert fees and costs calculated under S. 73.091, and a
18 reasonable attorney's fee, based on the attorney's time arnl
19 labor reasonably required to adequately represent the client
20 in relation to the benefits resulting to the client, incurred
21 in connection with any such prelitigation settlement. Th.
22 business owner shall submit an invoice for reasonable exert
23 fees and costs and attorney's fee which must include time
24 records and a detailed statement of services performed anil
25 time spent performing such services. A reasonable accountant's
26 fee as authorized under this section may not exceed the
27 general or customary hourly rate for accounting fees in th,
28 community. If the parties cannot agree on the amount of cost-
29 and attorney's fees to be paid by the condemning authority,
30 the property owner may file a complaint in the circuit court
31 im the county where the property is located to recover a
12:28 PM 03/03/98 7
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SENATE AMENDMENT
Bill No. CS /SB 92 (� ''!!nn
Amenament No. 1111111111H RI 581688
1 reasonable attorney's fee and costs.
2 (h) Any prelitigation settlement of a business Aan+age
3 claim must be based on the construction plans provided to the
4 business owner under this section. In the event the condainning
5 authority subsequently revises those construction plans after
6 a settlement is reached to such an extent that there is no
7 basis for making any business damage claim, then the
8 condamrting authority is not liable to pay any such business
9 dai+age claim based thereon, but is liable to pay reasonable
10 expert fees and costs and a reasonable attorney fee as
11 provided under paragraph (g), to the extent they are
12 personally incurred prior to the change in the construction
13 plans. In the event that the revised construction plans would
14 support a business damage that would be either greater or
15 lesser than the amount in the settlement agreement, then the
16 settlement agreement shall only be voidable by either party,
17 and the condemning authority shall only be liable for payment
18 of reasonable expert fees and costs and a reasonable
19 attorney's fee under paragraph (g); provided, however, that
20 the business owner is not entitled, in any subsequent eminent
21 domain proceeding, to recover for any fees and costs
22 previously paid. Nothing in this section precludes the parties
23 from entering into a revised prelitigation settlement based on
24 the new plans.
25 (5) ALTERNATE DISPUTE PROCESS MANDATORY, LIMITATION
26 PERIOD FOR CLAIMS. - -A business owner shall comply with the
27 alternate dispute resolution process established under
28 subsection (4) prior to asserting a claim for business damages
29 in an eminent domain proceeding in circuit court. The business
30 owner shall initiate such alternate dispute resolution process
31 no later than 2 years after receipt of notice from the
8
12:28 PM 03/03/98 s0092c1c -35m0a
Bill No. CS /SB 92
Amendment No.
1'11111111111111 581688
SENATE AMENDMENT
1 condemning authority under subsection (3). The provisions of
2 subsections (2) and (4) may not be construed to prohibit a
3 condemning authority from initiating eminent domain
4 proceedings against the property when the condem. -ing authority
5 determines it is necessary to meet its construction schedules;
6 however, the filing of such eminent d=-ain proceeding does not
7 waive the requirements of this subsection that the business
8 owner fully comply with this alternate dispute resolution
9 process prior to asserting a claim for business damages in
10 that proceeding.
11 (6 ) EXTENSIONS OF TIME; RETURN OF NOTICES. In each
12 instance when written offer, notice, or request is required or
13 permitted by subsection (1), (2), or (3), such written offer,
14 notice, or request mt1st be sent via certified mail, retur, -,
15 receipt requested. The return of any such notice or request ar
16 undeliverable by the postal authorities constitutes compliance.
17 with such notice provision. By mutual agreement between the
18 parties, any of the time limits set forth in this section may
19 be modified or extended.
20 (7) DEPOSIT OF DAMAGES. - -In the event that the
21 alternate dispute resolution process established by this
22 section does not result in a settlement of the business_
23 damages claim, any business damages offer made by thr
24 condemning authority under paragraph (4)(e), if there has been
25 no revision of the construction plans, must be deposited by
26 the condemning authority in the registry of the court in any
27 subsequent eminent domain proceeding; provided, however, that
28 such amounts may not be considered to be part of the
29 declaration of taking under S. 74.031, and may not alter th,•_
30 requirement that the business owner allege and prove a
31 business damage in the eminent domain proceeding.
12:28 PM 03/03/98 9
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SENATE AMENDMENT
Bill No. CS /SB 92
Amendment No. WU ; 581688
T I T L E A M E N D M E N T= _________
And the title is amended as follows:
On page 1, line 3 -9, delete those lines
and insert:
73.0511, F.S.; providing alternative dispute
resolution procedures; providing legislative
intent, providing prelitigation notice to
business owner; providing business damage
alternative dispute resolution procedure;
providing a limitation period for claims;
providing extension of time for return of
offers, notice, requests; amending s. 73.071,
F.S.;
12:28 PM 03/03/98
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Bill No. CS /SB 92
Amendment No.
Senate
SENATE AMENDMENT'
111MIUM 562894
CHAMBER ACTION
House
Senator Campbell moved the following amendment:
Senate Amendment (with title amendment)
Delete everything after the enacting clause
and insert:
Section 1. Effective January 1, 1999, section 73.0511,
Florida Statutes, is amended to read:
73.0511 Dispute resolution Bre1itigetiea-Retiee.--
(1) Notice to fee owners and offer of full_
compensation.- -
(a) Before an eminent dinm-in action is initiated under
chapter 73 or chapter 74 Pr ier- te- iastitetiag- iitigatierz, the
condemning authority shall notify the fee owners, appearing of
record on the date the offer is made, of their statutory
rights under s. 73.091 and shall make a written offer of full
compensation as to those elements provided in s. 73.071(3)(a)
and (b), naming the fee owners to whom it is made. The notic, -_
and written offer must be sent by certified mailf return,
receipt requested.
1b) The condemning authority may include with th.-
11:36 AM 03/03/98 1
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T
+.r�..
7e
Senator Campbell moved the following amendment:
Senate Amendment (with title amendment)
Delete everything after the enacting clause
and insert:
Section 1. Effective January 1, 1999, section 73.0511,
Florida Statutes, is amended to read:
73.0511 Dispute resolution Bre1itigetiea-Retiee.--
(1) Notice to fee owners and offer of full_
compensation.- -
(a) Before an eminent dinm-in action is initiated under
chapter 73 or chapter 74 Pr ier- te- iastitetiag- iitigatierz, the
condemning authority shall notify the fee owners, appearing of
record on the date the offer is made, of their statutory
rights under s. 73.091 and shall make a written offer of full
compensation as to those elements provided in s. 73.071(3)(a)
and (b), naming the fee owners to whom it is made. The notic, -_
and written offer must be sent by certified mailf return,
receipt requested.
1b) The condemning authority may include with th.-
11:36 AM 03/03/98 1
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Bill No. CSISB 92
Amendment No.
562894
SENATE AMENDMENT
1 notice and written offer a request for information fr -m thr
2 fee owners limited to identification of any tenants or onsitz
3 operators of businesses existing as of the date the offer iE
4 made. If such a request for information is made by the
5 condemning authority, the fee owners shall respond in writing
6 within 30 daysf listing the ramp, addressf and contact perso,
7 of each tenant or onsite operator of a business to the exten�
8 that such information is known to the f« owners. Information
9 provided under this subsection will assist the condr—nin,i
10 authority in notification procedures required by chapters 73
11 and 74r but shall not waive co liance by the cond- _=i --nin,,
12 authority with such notification procedures.
13 (2) Exchange of appraisalsf right -of -way mapsr anA
14 construction plans with fee ownersF initial concern letterF
15 initial concern conference.- -
16 (a) After the notice and written offer provided in
17 paragraph (1)(a) is madef the fee owner may request of a
18 governmental condemninq authority by certified mail, retur,
19 receipt requested a copy of the mast current appraisal,
20 right -of -way mapsr and construction plans pertaining to thr
21 property upon which the written offer is based. Tht
22 governmental condemning authority shall provide the appraisal,
23 mapsf and plans within 15 days after the fee owners' request
24 ands at that timer may'--make a written request by certifiedl
25 mails return receipt requested for an initial concern letter
26 from the fee owners citing to the specific language of
27 paragraph (c). However with respect to lands acquired under
28 S. 259.041f the condemning authority is not required to qiv,_-
29 the fee owners the current appraisal before execution of a.-
30 option contract to purchase the property.
31 (b) Within 30 days after receipt of the govern — mental
11:36 AM 03/03/98 2
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Bill No. CS /SB 92
Amendment No.
562894
SENATE AMENDMENT
1 condemninq authority's appraisal, the fee owners shall provide
2 to the governmental condemninq authority a copy of the -�st
3 current appraisal of the property, if any, prepared during the
4 prior 3 years which is within the possession or control of the
5 owner.
6 (c) Within 30 days after receipt of the governmental
7 condemning authority's right -of -way maps and construction
8 plans, the fee owners shall provide to the governmental
9 condemning authority by certified mail, return receipt
10 zequestedr a letter that sets forth the fee owners' initial
11 concerns, if any regarding the design of the proposed project
12 from a preliminary review of the maps and plans. The letter
13 is without prejudice to the fee owners in negotiations or i;
14 the event that a lawsuit is filed. The letter may not b-
15 introduced into evidence by the condemninq authority in
16 proceedings under s. 73.071.
17 (d) After the initial concern letter is provided by
18 the fee owners to the governmental condemning authority,
19 either the fee owners or the governmental condemning authorit}
20 may make a written request of the other by certified mail,
21 return receipt requested for a conference limited to thr
22 concerns set forth in the letter. If the request is made by
23 the condemning authority, the condemning authority shall agai,-
24 notify the fee owners of their statutory riqhts under s.
25 73.091 within the written request. The fee owners and the
26 governmental condemning authority shall make representatives_
27 available for the conference within 60 days following th--
28 written request.
29 (3) Notice to business owners.- -
30 (a) Before an eminent domain action is initiated under
31 Chapters 73 or 74r when the action is by the Department of
11:36 AM 03/03/98 3
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SENATE AMENDMENT
Bill No. CSISB 92 nn,, 'n
Amendment No. 1111"1111MU 562894
1 Transportationr or by a countyr municipalityr boards district
2 1 or other public body for the condemnation of a right= of -wayr-
3 the governmental condemning authority shall notify thr
4 business owners located on the property upon which the written
5 offer provided in paragraph (1)(a) is based of their statutory
6 rights under s. 73.091. The notice must be sent by certified
7 mails return receipt requested.
8 (b) Before an inverse condemnation action is initiate,l
9 by a business owner claiming that an inverse taking of
10 property directly results in damage to a business as set fort`
11 in s. 73.071(3)(c), the business owner and gover=.--antal
12 condemning authority shall comely with this section with the
13 exception of the notice provision provided in paragraph
14 t1)(a).
15 t4) Exchange of appraisals s riqht -of =way maps, anjl
16 construction plans with business owners; initial concern
17 letterF initial concern conference.- -
18 (a) After the notice provided in subsection (3) is
19 Mader the business owners may request of a governmental
20 condemning authority by certified mailr return receipt
21 requestedr a copy of the most current appraisals right- of -wa}
22 mapsr and construction plans pertaining to the property upon
23 which the written offer provided in paragraph (1)(a) is based.
24 The governmental condemninq authority shall provide th--
25 appraisalr m�Rpsr and plans within 15 days after the business
26 owners' request and, at that timer may make a written reques�
27 for an initial concern letter from the business owners citin,
28 to the specific language of paragraph (b).
29 (b) Within 30 days after receipt of the governmental
30 condemning authority's right -of -way maps and constructio-
31 plans, the business owners Shall provide to the governmental
11;36 AM 03/03/98 4
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Bill No. CSISB 92
Amendment No. .
562894
1 condemninq authority a letter that sets forth the business
2 owners' initial concerns, if any regarding the design of the
3 proposed project from a preliminary review of the maps and
4 plans. The letter is without prejudice to the business owners
5 in negotiations or in the event that a lawsuit is filed. The
6 letter may not be introduced into evidence by the condemning
7 authority in proceedings under s. 73.071.
8 (c) After the initial concern letter is provided by
9 the business owners to the governmental condemning authorityf
10 either the business owners or the governmental condemning
11 authority may make a written request by certified mails return
12 receipt requested, of the other for a meeting limited to the
13 concerns set forth in the letter. If the request is made by
14 the condemning authority the condemning authority shall again
15 notify the business owners of their statutory rights under s.
16 73.091 within the written request. The business owners and
17 the governmental condemninq authority shall make
18 representatives available for the meeting within 60 AayS
19 following the written request.
20 (5) Disclosure of business records.- -
21 (a) After a qovernmental condemning authority tenders
22 a written offer under paragraph (1)(a) and notifies the
23 business owners under subsection (3)r the governmental
24 condemning authority may obtain from the business owners a
25 copy of the business records kept, in the ordinary course of
26 businessr within the possession or control of the business
27 ownersr as set forth in this subsection.
28 (b) For the purposes of this section and s.
29 73.092(1)(a)2., the term "business records" means copies of
30 federal income tax returnsr federal income tax withholdinq
31 statementsf federal miscellaneous income tax statements state
5
11:36 AM 03/03/98 s0092c1c -33mOa
Bill No. CS /SB 92
Amendment No.
IM1111111111 562894
SENATE AMENDMENT
1 sales tax returns balance sheetsf profit and loss stag -ents,
2 and state corporate income tax returns attributable to thr
3 business operation on the property to be acquired for the 3
4 years preceding notification. If any of these records ari
5 consolidated with records of other business operations not on
6 the property to be acquired then it will be sufficient in th,
7 _alternative that edited portions of the business records
8 attributable to the business operation on the property to br
9 acquired for the 3 years preceding notification be provided it
10 addition to a signed acknowledemant from the business owner.
11 (c) The governmental condemning authority's request
12 for business records must be in writing and must define
13 "business records" within such request with citation to th-
14 specific lanquage of paragraph (b) in its entirety and include
15 a notice of penalty for noncnmnliance with citation to thz
16 specific language of this paragraph in its entirety. If the
17 condemning authority's request for business records is not
18 included with a notice under subsection (3)r the request must
19 also be accompanied by notice of statutory rights under s.
20 73.091. The condemning authority shall not make a request for
21 business records of a business owner more often than once
22 before a lawsuit is filed. The written request must be sent br
23 certified mailf return receipt requested.
24 (d) Failure of= a business owner to provide in good
25 faith a copy of the business records kept in the ordinary
26 course of businessf as defined in paragraph (b)r within the
27 possession or control of the business owners within 60 days
28 after the condemning authority's written requests precludes
29 the business owner from recovery of any accountant's f« for
30 estimating business damages otherwise provided in paragraph
31 (7)(c) or s. 73.091.
11:36 AN 03/03/98 6
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Bill No. CSISB 92
Amendment No.
IIIIIIIIIIIiIIIII 562894
SENATE AMENDMENT
(e) After a copy of the business records is provided
by the business owners to the governmental condemning
authority{ the condemning authority may make a written request_
by certified mailf return receipt requested{ of the business
owners for a business records conference. Within the written
request{ the condemning authority shall again notify th.-
business owners of their statutory rights under s. 73.091 and
itemize questions regarding the business records provided b�
the business owners. The business owners and the condx-nin,
authority shall make representatives available for the '
conferences which must be limited to a discussion of thos.-
questions itemized in the condemninq authority's written
requests within 60 days following the written request.
16) Offer of business damages? counteroffer.- -
(a) If a business owner provides a copy of business
records as set forth in paragraph (5)(b)r the governmental
condemning authority shall make a written offer in settlement
of business damages as to those elements provided in s.
73.071(3)(c) before an eminent domain action is initiated
under chapter 73 or chapter 74. The written offer must b,-
sent by certified mail, return receipt requested
Jb) Within 60 days after receipt of the written offer
of business damages provided in paragraph (a)f the business
owners shall make a written counteroffer in settlement oL
business damages as to those elements provided in s
73.071(3)(c). The written counteroffer m»st be sent b}
certified mailf return receipt requested.
Ic) If an eminent domain action is initiated under
chapter 73 or chapter 74F the amount of the written offer of
business damages provided in paragraph (a) shall be deposited
by the governmental condemning authority into the court_
11 :36 AM 03/03/98 7
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Bill No. CSISB 92
Amendment No.
562894
SENATE AMENDMENT
1 registryr available for withdrawal by the business owners to
2 whom the offer was made, prior to the vesting of title to thr
3 property acquired.
4 (7) NegotiationsF mediationp settlement in lieu of
5 condemnation.- -
6 Ja) The condemning authorityr together with th-
7 property and business owners potentially impacted by the
8 condemnation of property necessarily acquired for a public
9 purposer shall negotiate in good faith.
10 1b) Subsequent to the condemning authority making an
11 offer under paragraph (1)(a) or paragraph (6)(a), the party to
12 whom the offer was made may make a written request by
13 certified mailf return receipt requestedr to have mediation
14 presided over by a mediator certified under s. 44.102.
15 Mediation must occur within 60 days of the written request.
16 The party requesting the mediation shall have a representativC
17 with authority present at mediation to bind the property oL
18 business owners. The condemninq authority shall have a
19 representative with authority present at mediation to bird the
20 condemning authority in settlementr subject to the approval of
21 the elected governing board or council, if applicable. Th.-
22 condemning authority shall also have a representative with
23 authority present at mediation to bind the condemning
24 authority in settlemp -A regarding access mAnagament or the
25 engineering design of the project for which property is to be
26 acquired. Either the party to wham the offer was made or thn
27 condemning authority may notice other interested parties wit`
28 rights of apportionment otherwise provided under s. 73.101 tc
29 be present at the mediation. Evidence of negotiations or an}
30 written or oral statements made in mediation is not aamissiblr
31 in any subsequent legal proceedings.
11:36 AM 03/03/98 8
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Bill No. CSISB 92
Amendment No.
562894
SENATE AMENDMENT
1 (c) If a settlement is reached between the condemning
2 authority and a property or business owner prior to a lawsuit__
3 being filed, the property or business owner who settle-
4 compensation claima in lieu of condemnation is entitled to
5 recover costs as provided in s. 73.091 and attorney's f«s as
6 provided in s. 73.092(1) or, for any settlement in an a -_mount
7 under �100F000, as provided in s. 73.092(2)(a) -(f). The
8 property or business owner may file a complaint in circuit
9 court in the county in which the property to be acquired is
10 located to recover costs and attorne 's fees from the
11 condemning authority as provided in this subsection.
12 Section 2. Subsection (3) of section 73.071, Florida
13 Statutes, is amended to read:
14 73.071 Jury trial; compensation; severance damages.--
15 (3) The jury shall determine solely the ammunt of
16 compensation to be paid, which compensation shall include:
17 (a) The value of the property sought to be
18 appropriated.; When the use of the property sought to b:
19 acquired is an agricultural operation as defined in s.
20 570.02(1) income from farming is attributable to real estate.
21 (b) Where less than the entire property is sought to
22 be appropriated, any damages to the rpmainder caused by the
23 taking_,-- ineiudirrg;
24 (c) When the action is by the Department of
25 Transportation, county, municipality, board, district or other
26 public body for the condemnation of a right -of -way, and the
27 effect of the taking of the property involved or substantial_
28 diminution of access may damage or destroy an established
29 business of more than 3 5 years' standing at that business
30 location, owned and operated at that location by the party
31 whose property is being taken or whose access is beinl-
1
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Bill No. CSISB 92
Amendment No.
1111111111111 562894
SENATE AMENDMENT I
1 substantially diminished +ande- ere - being -se- taken; *eeated
2 aper�- ad�eiair�g -}ands- eMned- er- i�e�d- br- aeseh- party, the probable
3 damages to such business which the denial of the use of the
4 property se taken or access substantially diminished may
5 reasonably cause; any person claiming the right to recover
6 such special damages shall set forth in his or her written
7 defenses the nature and extent of such damages.; -Qrrd The total
8 compensation awarded for business damages MAY not exceed the
9 fair - market value of the business and reasonable m�%vinr
10 expenses.
11 Id) Evidence of the ability to mitigate severance an-I
12 business dAmRges on site or by relocating all or part of thz
13 business to an adjacent property or to another c�--R. erabl,-
14 location in the sama market trade area may be considered when
15 the cost of mitigation is less than the total severance ana_
16 business damages claimed. Any increased costs of operation an:
17 reasonable expenses of mitigation resulting from the onsitr
18 mitigation plan or from the relocation of the business to
19 another comparable location in the same market trade area,
20 together with movinq costs, downtime losses, and unmitigatea
21 damages, may be included when determi_ninq severance damages,
22 business damages, and the total cost to cure payable to the
23 claimant.
24 (e)tet ,Where tie appropriation is of property upon
25 which a mobile home, other than a travel trailer as defined in
26 s. 320.01, is located, whether or not the owner of the mobile
27 home is an owner or lessee of the property involved, and the
28 effect of the taking of the property involved requires the
29 relocation of such mobile home, the reasonable removal or
30 relocation expenses incurred by such mobile home owner, not to
31 exceed the replacement value of such mobile home. The
11:36 AM 03/03/98 10
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Bill No. CS /SB 92
Amendment No.
liiiiiiiiiiiiii 56 289 4
SENATE AMENDMENT
1 compensation paid to a mobile home owner under this paragraph
2 shall preclude an award to a mobile home park owner for such
3 expenses of removal or relocation. Any mobile home owner
4 claiming the right to such removal or relocation expenses
5 shall set forth in his or her written defenses the nature and
6 extent of such expenses. This paragraph shall not apply to
7 any governmental authority exercising its power of eminent
8 domain when reasonable removal or relocation expenses must be
9 paid to mobile home owners under other provisions of law or
10 agency rule applicable to such exercise of power.
11 Section 3. The Legislature finds that a proper an'
12 legitimate state purpose is served when business owners arc
13 extended a fair and reasonable valuation of their property ano
14 given compensation for damages to their businesses or
15 diminution of access caused by govern— inental condamning
16 authorities. Therefore the Leqislature determines and
17 declares that this act fulfills an im,-ortant state interest.
18 Section 4. Subsection (2) of section 337.27,
19 subsection (3) of section 348.008F subsection (3) of section
20 348.759f and subsection (3) of section 348.957f Florida_
21 Statutesf are repealed.
22 Section S. Except as otherwise provided in this act,
23 this act shall take effect June 30, 1998, and shall be
24 applicable only to actions in which orders of taking under
25 chapter 73 or chapter 74 are entered after June 30, 1998.
26
27
28 =_ ________ _ _ ____ T Z T L E A M E N D M E N T
------ - - - - --
29 And the title is amended as follows:
30 Delete everything before the enacting clause
31
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Bill No. CS SB 92
Amendment No.
and insert:
In 11 ----- 1 562894
SENATE AMENDMENT
A bill to be entitled
An act relating to eminent domain; amending s.
73.0511, F.S.; providing for a dispute
resolution process; providing for notice to fee
owners and business owners; providing for an
exchange of appraisals, right -of -way maps, and
construction plans with fee owners and business
owners; providing for an initial concern letter
and conference; providing for disclosure of
business records; providing for an offer of
business damages and a counteroffer; providing
for negotiation, mediation, and settlement in
lieu of condemnation; amending s. 73.071, F.S.;
providing criteria for compensation by jury;
repealing s. 337.27(2), F.S., relating to the
exercise of the power of eminent domain by the
Department of Transportation; repealing ss.
348.0008(3), 348.759(3), 348.957(3), F.S.,
relating to the exercise of eminent domain
power by expressway and bridge authorities;
providing a finding of important state
interest; providing an effective date.
11 :36 AM 03/03/98
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Bill No. CS for SB 92
Amendment No. ��; 950176
Senate CHAMBER ACTION
I
SENATE AMENDMENT.
Hou3e
� _ •�1 /�11 _.!VGA r T•_•7
a? -/3 -9�
Senator Williams moved the following amendment:
Senate Amendment (with title amendment)
On page 3, lines 13 -17, delete those lines
and insert: for the purpose of encouraging prelitigatioT,
settlements.
T I T L E A M E N D M E N T= ________-
And the title is amended as follows:
On page 1, lines 8 -9, delete those lines
and insert:
operators; amending s. 73.071, F.S.;
2:05 PM 02/13/98
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Bill No. CS for SB 92
Amendment No.
Senate
Il'k`jE11111111 1 805128
CHAMBER ACTION
SENATE AMENDMENT .014
House
AND OVERSIGHT
Senator Campbell moved the following amendment:
Senate Amendment (with title amendment)
On page 6, lines 1 -14, delete section 4 and renu_mher
subsequent section(s).
- - -- T I T L E A M E N D M E N T
And the title is amended as follows:
On page 1, lines 14 -15, delete those lines
and insert:
73.092, F.S.;
2:10 PM 02/13/98
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Bill No. CS for SB 92
Amendment No.
Senate
0 J 864426
CHAMBER ACTION
SENATE AMENDMENT
House
Q OVERHMENTAL REF
AND OVERSIGHT
:ATE: a - /3- 9d
TIME: 7r1
Senator Williams moved the following amendment:
Senate Amendment (with title amendment)
On page 6, between lines 14 and 15,
insert:
Section 5. The legislature finds that a proper and
legitimate state purpose is served when business owners arr
extended a fair and reasonable valuation of their property and
given compensation for damages to their businesses or
diminution of access caused by governmental condemning
authorities. Therefore, the legislature determines an%
declares that this act fulfills an important state interest.
(Renumber subsequent section(s).)
T I T L E A M E N D M E N T_ ______________
And the title is amended as follows:
On page 1, line 16, before the word "providing"
2:16 PM 02/13/98
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Bill No. CS for SB 92 flfl
Amendment No. tl;�; 864426
insert:
SENATE AMENDMENT
providing a statement of important state
interest;
2:16 PM 02/13/98
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CITY OF PALM BEACH GARDENS
Growth Management Department
MEMORANDUM
To: Bobbie Herakovich
City Manager
From: Roxanne M. Manning,
Growth Management Director
v
Date: 3/24/98
Subject: Christ Fellowship Church Update.
During the March 191 City Council meeting , the Council requested an update on the status of the
existing Christ Fellowship Church site. The Growth Management staff is pleased to provide the
following information.
When Growth Management staff learned about the expansion of the Church's seating capacity, staff
immediately informed the church that they would have to seek Conditional Use and Site Plan
Amendment approvals for the expansion or face code enforcement action. The church elected to
submit applications for the expansion of the Conditional Use, which requires two public hearings,
and a Site Plan Amendment. Staff is currently processing those applications.
The following are outstanding items which must be submitted before staff can continue to process
the petitions.
* A written statement describing the use characteristics for the grass parking areas.
• A conceptual drainage plan for the parking area, including a description of soil types.
• Elevations of the proposed temporary trailers.
• A revised access agreement, pursuant to the City Attorney's comments. Christ fellowship has
requested a cross parking agreement with the Lutheran Church. However, staff is proposing
that all parking be located on site.
• A list of surrounding property owners.
After this information is provided, the Site Plan Amendment and Conditional Use petitions will be
scheduled for Development Review Committee. The petitions will then go before the Site Plan
Appearance Review Committee and the Planning and Zoning Commission. The Conditional Use
petition will require public hearings before both the Planning and Zoning Commission and the City
Council.
Should these petitions be denied, or should they fail to progress through the review process, then the
Church will be subject to Code Enforcement proceedings. Growth Management staff is working to
ensure that interested property owners are fully informed. For example: we provided a written
clarification of the petitions to Ms. Joan Anteater in February (attached) and met with her on several
occasions. The most recent meeting was on Friday, March 21.
If you have any questions regarding this matter, please call me.
CC:
Greg Dunham, Assistant City Manager
Marty Minor, Principal Planner
CFC file
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334144698
February 11, 1998
Ms. Joan C. Altwater
9180 Cypress Hollow Drive
Palm Beach Gardens, FL 33418
RE: Christ Fellowship Church
Dear Ms. Altwater:
I would like to express my appreciation for your January 29, 1998 letter to City Manager Bobbie
Herakovich regarding the existing Christ Fellowship Church. Many of the concerns and
recommendations you suggested are being considered in staffs review of the expansion of the
Christ Fellowship Church, such as the number of church members and its impact on the
surrounding neighborhoods.
However, I would like to clarify two points in your letter. The church's January 16, 1998
submittal for the 3,264 s.f modular unit replaces the earlier request for a 4,200 s.f meeting room,
as submitted on March 3, 1997. The church is not seeking site plan approval for both structures.
Secondly, upon learning that 800 seats existed within the church, the Growth Management
Department staff immediately informed the church that they would have to seek Conditional Use
and Site Plan Amendment approvals for the expansion from the approved 300 seats or face code
enforcement action. The church elected to submit applications for the expansion of the
Conditional Use, which requires two public hearings, and a Site Plan Amendment. Staff is
currently processing those applications.
Thank you again for you letter and your interest in this matter. If you have any additional
questions or concerns, please feel free to contact me at (561) 775 -8295.
Sincerely,
Marty R.A. 'nor, AIC' P
Principal Planner
C. The Mayor and City Council
Bobbie Herakovich, City Manager
Roxanne Manning, AICP, Growth Management Director
Bahareh Keshavarz, Planner
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Fire Department Search & Rescue Canine
Subject/Agenda Item
Approval for Fire Department to utilize
Recommendation /Motion:
Canine
Reviewed by: Originating Dept: Costs: $1 Son
Fire Total
City Attorney
Finance $ 9nnn
Current FY
ACM
Human Res.
Advertised:
Funding Source:
Date:
[X] Operating
Other
'
Paper.
[X] Othernnna tt i nrlg
Zeo�Wenctor m
(X] Not Required
Grants
Affected parties
Budget Acct #::
' Approved by:
[ ] Notified
01- 1230 - 522.5210
City Manager
(X] Not required
BACKGROUND: Attached memo, action plan and SOP
M
Date :March 6, 1998
Council Action:
[ ] Approved
[ ] Approved .r oors
` [ ] Denied
( ] Continued to:
Attachments: '
I
( ] None
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334144698
INTER OFFICE MEMO
Date: March 23, 1998
To: Bobbie Herakovich, City Manager
From: Peter T. Bergel, Acting Fire Chie
RE: Search and Rescue Canine
This memo serves as a request to be placed on the March 26th Council Agenda for
the purpose of Council approval for the Fire Department to implement a Search and
Rescue Canine Unit.
Attached is an action plan and SOP that outlines the development and
implementation of this program. It is important to note that the Department will not
own the canine, but be responsible for training and expenses associated with this
type of program. It is our intent to eventually become an integral part of a countywide
Urban Search and Rescue Team (USAR). This team would ultimately be funded by
FEMA as other USAR Teams nationwide and would only require participation by our
department in order to be reimbursed by FEMA.
Currently, Firemedic Jules Bolton and her dog Sasha have been participating in
training with the Miami -Dade USAR Team and will continue for the next twelve (12)
months. Additionally, the dog will participate in public education programs under the
direction of Vicki Wade.
Sasha is a Golden Labrador and works very well around the public. This particular
breed of dog is people friendly and has an extremely low incidence of dog bites,
which should eliminate any fear of liability. We are available to answer any questions
that you or the Council may have regarding this program and would be happy to
bring Sasha to the council meeting.
Should you have any questions concerning this matter, please do not hesitate to
contact me at any time.
CITY OF PALM BEACH GARDENS
PROJECT ACTION PLAN
Project Title: Search and Rescue K -9 (SAR) Department: Fire Department
DESIRED OUTCOMES: Create a Search and Rescue Program which will be
be utilized in victim recovery and public education
program. The team will train with and work alongside
the Miami -Dade County USAR team.
PROJECT ACTION RESOURCE PLAN:
Personnel: 1 Firefighter Funding Source: Donations, State and
Federal funding, and Ad Valorum Taxes
Equipment: Canine equipment, part- Estimated Start Date:
time vehicle.
Other City Departments: Public works Estimated End Date:
Police Dept
Outside Agency Support Required: Miami -Dade USAR (training)
PBSO (training grounds)
Other Requirements:
METHOD OF OPERATION: This unit will work under the direction of the Deputy
Fire Chief. The team has already begun participation
in public education and is training for use in rescue
operations. When this training is completed, the team
will conduce live and dead body searches within the
region.
SUPPLEMENTAL ACTION REQUIRED:
ACTUAL START DATE: January 14, 1998 ACTUAL COMPLETION DATE:
cc: City Manager's Office
Dept. Head Signature
AFTER ACTION REPORT FILED:
Date:
PALM BEACH GARDENS FIRE DEPARTMENT
CANINE SAR UNIT
INTRODUCTION:
The Palm Beach Gardens Fire Department is developing a specialized urban
search and rescue team consisting of one canine and handler. This team will
respond to man-made and natural disasters within the region. At this time, Palm
Beach County has no professional canine SAR teams and has had to seek outside
agencies assistance when a canine SAR unit was needed. It is our goal to provide
this service to the citizens of Palm Beach Gardens, by working with other SAR
teams currently being formed within Palm Beach County.
Toward these efforts, the Palm Beach Gardens Fire Department recognizes the
need to develop and maintain a professional canine resource. This canine may be
utilized in assisting in locating missing persons in wilderness, disaster and
drowning situations, as well as other emergencies. These teams can potentially
save lives and reduce pain and suffering. The unit will also be utilized in public
education programs within the city of Palm Beach Gardens.
STANDING OPERATING PROCEDURES:
A canine team shall consist of one handler and one qualified canine. Handlers may come from
any rank or division and will fulfill their regular duties except for those times when involved in a
call -out or authorized training activity. For administrative and training purposes, the canine unit
will be a division under the direct supervision of the Deputy Fire Chief. On a call -out, the SAR
unit will be commanded by the Officer in Charge. At the discretion of the Deputy Fire Chief,
handlers from other agencies may operate as part of the PBGFD SAR team. These individuals
will meet the same requirements as the PBGFD SAR members and will be subject to the PBGFD
Rules and Regulations.
For deployment, no canine shall be deployed on a mission for which it is not trained or equipped.
The SAR unit shall remain intact throughout any incident whenever operations permit and the
canines will not be left unattended at any time. This is for the safety of the canines as well as to
prevent the theft of these valuable resources. The SAR unit will always work within an incident
management system. For requests from law enforcement, under no circumstances will the SAR
units be utilized for the purposes of locating or tracking persons known to be armed, dangerous,
or in flight from law enforcement authorities.
For local deployment in the event of a natural or man-made disaster, the canine unit will be
responsible to the appropriate search team manager as dictated by the command structure for the
incident. The PBGFD SAR canine unit will not operate in hazardous atmospheres or in areas of
civil unrest.
For in -state deployments, as a result of natural or man-made disasters, the canine unit will be
responsible to the appropriate search team manager for the incident as dictated by the command
structure.
AFFILIATION WITH OUTSIDE SEARCH AGENCIES
The Palm Beach Gardens Fire Department supports a cooperative approach to search and rescue
work. It is further recognized that many search and rescue activities are conducted by civilian
and law enforcement agencies. To maximize the utilization of the SAR canines and to be of
maximum service to the community, the PBGFD SAR unit will encourage a multiagency team
concept in training and in deployment.
RECOGNITION OF CANINES
The canine involved in this program is the property of the handler and will remain as same,
should the program be disbanded or otherwise cease to exist.
The SAR unit will meet the standards set forth by the Fedral Emergency Management Agency
(FEMA). The handler shall attend formal classroom and field training to include areas of scent
theory and transmission, atmospheric factors and airborne scent, lost person behavior, canine
anatomy and physiology, canine emergency medicine, human scent source, equipment selection,
environmental consideration, search strategy and tactics, land navigation and man- tracking.
RULES OF CONDUCT
Once assigned with a handler, the canine becomes a representative of the Palm Beach Gardens
Fire Department. Given this reality and the fact that working canines tend to have a high profile
while in public, the canine team will always conduct themselves in a professional manner.
Handlers are solely responsible for the conduct of their respective canines. Canines shall always
remain under the handler's control and should be kept on -lead when in a public area except when:
participating in demonstrations and training sessions, or they are in a tightly controlled area for
rest breaks, confined inside a vehicle,or kennel. Canines may be allowed to run in open areas so
long as the handlers maintain a control through obedience commands, keep the canine free of
traffic or other hazards, and immediately recall the animal if another person approaches.
Canines shall not be confined in any vehicle, personal or departmental, without adequate
ventilation and hydration. If confined in an air - conditioned vehicle, the canine shall not be left
unattended for periods exceeding 20 minutes unless the vehicle is equipped with a Lifeguard
Temperature Control Unit or similar device.
All canines shall be kept free of parasites, fleas /ticks, and offensive odors.
A Canine unit log book will be kept which will include the following:
1. All training sessions, to include those done during off -duty hours. The following should
be noted:
A. Date and time
B. Location
C. Weather conditions
D. Persons present
E. Activities conducted
F. Canine's performance
G. Suggested solutions to problems noted
2. All call -outs. The following information should be noted:
A. Date and time
B. Location and requesting agency
C. Weather condition
D. SAR personnel present on a call -out
E. Type of search (wilderness, urban, lost children or adults, cadavers, ect.)
F. Area searched, including sketches or picture
G. Results of search
H. Contact person at requesting agency
3. All veterinarian visits
A. Reason for visit
B. Diagnosis and prognosis
C. Date of next visit
D. Vet's name
SAR K -9 STATION POLICY
Realizing that SAR canine handlers and their canines endure certain hardships in the training and
care of a working canine, the SAR recognized canines will be allowed to accompany their
handlers to duty under certain guidelines and condition.
1. No canines will be allowed in dining areas. In some stations, design factors might make
this condition impractical. In those instances, canines will be forbidden in dining areas
during meal preparation and consumption.
2. Canines will be secured in a crate or kennel when not under the direct supervision of the
handler.
3. The canine must be kept clean and free of offensive odors.
4. The canine does not bark when the handler is not present. Barking at a knock on the
door or a doorbell sounding will be acceptable, providing the canine is secured prior to
the answering of the door.
5. The canine will have a designated area for relief. The handler will dispose of any waste
generated by their canine.
6. When the handler is out of the station, the canine shall be crated with accessible water.
7. Each handler must have a provision to have the canine cared for in the event they are
involved in an extended operation on an emergency scene.
Example: Handler is called to an alarm and secures their canine prior to leaving. It is obvious
handler will be a the alarm for several hours. A friend, spouse, relative or other agreeable
member of the department will assume possession of the canine or see to it that the canine's food
and relief needs are provided for.
8. Any unusual occurrence involving a canine shall be immediately reported to the Deputy
Chief or and logged into the station and individual canine log books. "
UNIFORM AND EQUIPMENT POLICY
Due to the nature of canine work and training, specialized clothing and equipment may, at times,
be necessary.
All general appearance, hygiene, hair and jewelry policies will be followed at all times when on
duty, at authorized training, in attendance at public education functions or when canine teams are
representing the Palm Beach Gardens Fire Department. Uniform for call -outs and training
sessions will be dictated by the mission or nature of the training session. Dress code will be at
the discretion of the OIC within the following parameters:
1. All uniforms will be cleaned and well maintained.
2. Specialized uniform items authorized for the SAR units:
- blue BDU style pants
- blue shorts
- utility vests
-dump suits
- K9 SAR unit T- shirts, design approved by the Fire Chief
- steel toed boots
- specialized safety equipment
3. The entire unit shall be dressed in the same uniform ensemble during all activities
conducted as a unit.
4. Canine shabrack shall be kept clean and well maintained with SAR patches attached
directly in front of the "rescue cross ". SAR canines in training shall have "in training
"directly under the "Rescue cross ".
5. No decals, patches, stickers or other decorations shall be attached to items of the
uniform or canine dress items without specific approval of the Fire chief or designee.
6. Handlers are responsible for any assigned equipment and must maintain all equipment in
serviceable condition.
COMPENSATION
Off duty SAR handlers will be paid overtime (where applicable) for both training and SAR call -
outs. SAR handlers and canine units will be covered by Worker's Compensation in the event of
injury during practice or deployments. In the event of serious injury or death, the handler will
receive the same benefits as those granted to those injured during fire suppression or rescue
activities.
PROPOSED BUDGET FOR PALM BEACH GARDENS
FIRF. DEPARTMENT SAR UNIT
Vehicle $3,336.00
Tolls $1,152.00
Food $ 485.00
Medical Expenses $ 600.00
Training and Supplies $ 500.00
Flea Control $ 456.00
Uniforms /Shabracks $ 250.00
The Palm Beach Gardens Fire Department has received the privilege of training with Miami -
Dade Fire Rescue Department. They have established a successful international FEMA/SAR
team and have graciously provided training at no expense to the City of Palm Beach Gardens.
The only cost of training is for transportation to and from the Kendall SAR training Center.
Public Works personnel have indicated that an older vehicle capable of canine transportation will
be available April 1, 1998. The vehicle will be used for training, public education functions and
deployment in the future. The purchase price of the canine has been absorbed by the handler.
Memorandum
To: Bobbie Herakovich, City Manager
Thur. James O. FitzGerald, Chief of Porc�_
From: Ernie Carr, Police Commander
Date: 03/23/98
Re: Radio Tower Update
With the recent advent of the required move of the radio tower at the Fire Dept for
remodeling and also, Palm Beach County's inability to locate a suitable tower
location for County radio communications that would meet their technical needs
and the esthetic needs of the City, I was requested to evaluate the Hood Rd.
Utilities site. This site was considered approximately two years ago but at that time
was not found to be an optimum location.
Approximately two weeks ago meetings were set up with Motorola first to evaluate
the move of the 800 MHz conventional radio transmitter and receiver to the Hood
Rd. location. The largest concern was the effect of moving the receive site North
and how it may affect radio talk back from the North Lake Blvd. area. The results of
these tests were positive and appear to have very little effect on radio
communications.
Next, we met with Motorola engineers and Bruce Gregg of Seacoast Utility
Authority to evaluate the water tower for both the move of the conventional radio
transmitter, receiver and the trunking radio receivers. It appears that sufficient
height can be achieved to afford quality transmissions communications (approx.
200 feet) by constructing an antenna support structure on the platform at 140 feet
(see attached drawing).
At this juncture, we plan to conduct an inter - modulation study of the existing
frequencies at the utility site and contact F.C.C. and ask permission to relocate our
conventional frequencies prior to re- licensing.
Other issues taken into account were building space, electric, generator, UPS and
air conditioning.
cc: Greg Dunham, Assistant City Manager
Jack Hanson, Building Official
FAI 40T 233 4439
CMJNTT VHF ANT.
L31 -134 Mhs.
MJNTY UHF, ANT.
430 -470 Wu.
COUNTY KN DI S14
4395-6793 Gh%
M/W CABLE ROUTE
PBC coax Div
EXHIBIT 'A'
196'
;T UHF 169'
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Fos Gh%
M/V CABLE ROUTE
...M
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SMELT _
EXSIsTWG EQUIPMENT tt
SHELTER
SOUTH ELEVATION
1. THE ANTENNA TONERS CURRENTLY EXIST ON THE WATER TANK.
Z. SIX FOOT DIAMETER MICROWAVE (M /W) DISHES ARE PROPOSED ADDITIONS.
3. THE DISH ON THE EAST LEG FACES SOUTH. THE DISH ON THE WEST LEG
FACES NORTH,
4, CABLES ROUTE DOWN THE LEG TO THE HORIZONTAL BRACE OVER TO THE
CLIMBING LADDER DOWN THE LADDER RAILS TO THE LEVEL OF THE
EQUIPMENT SHELTER.
SEACOAST UTILITY AUTH. REVISIONS �r<
ELEVATED WATER TOWER ,
PALM BEACH COUNTY i 1 SHEET
COMMUNICATIONS DI VI SI ON i
BFI LE:WATERTWR, DWGDATE: 1 /Q$ /98 1 1 OF 2