1998 Florida Code
TITLE XXVI PUBLIC TRANSPORTATION
Chapter 337 Contracting; Acquisition, Disposal, And Use Of Property  
337.271   Negotiations for acquisitions.

337.271  Negotiations for acquisitions.--

(1)  The department shall negotiate in good faith with the owner of a parcel to be acquired and shall attempt to arrive at an agreed amount of compensation to be paid for the parcel.

(2)  At the inception of negotiation for acquisition, the department shall notify the fee owner of the following:

(a)  That all or a portion of his or her property is necessary for a transportation facility or transportation corridor;

(b)  The nature of the project for which the parcel is deemed necessary, the project number, and the parcel designation of the property to be acquired;

(c)  The district office of the department from which the owner may obtain right-of-way maps reflecting the proposed taking;

(d)  The fee owner's statutory rights under ss. 73.091 and 73.092; and

(e)  The fee owner's rights and responsibilities under subsections (3), (4), (5), and (6).

(3)  The notice shall be sent by certified mail, return receipt requested, to the fee owner's last known address listed on the county ad valorem tax roll. Notice to one owner constitutes notice to all owners on multiple-ownership property. The return of the notice as undeliverable by the postal authorities constitutes compliance with this provision. The department is not required to give notice to a person who acquires title to the property subsequent to the notice required by this section.

(4)  The fee owner may, within 120 days after receipt of the notice required by subsection (2) or at a later date specified by the department, submit a complete appraisal report relating to the parcel to be acquired. The fee owner may waive his or her right to the 120 days to obtain an appraisal by providing the department with written notice of such waiver. If a report is submitted, it shall contain all data and information upon which the appraiser's conclusions are based and shall be prepared by a state-certified real estate appraiser as defined in chapter 475 and who has been qualified by the department. A list of those state-certified real estate appraisers, as defined in chapter 475, currently qualified by the department shall be attached to the letter submitted to the fee owner. On multiple-ownership property, the fee owner is collectively entitled to only one appraisal report.

(5)  If the business owner intends to claim business damages pursuant to s. 73.071(3)(b), he or she may, within 120 days after receipt of the notice required by subsection (2) or at a later time specified by the department, submit to the department a complete estimate of business damages to the property. The fee owner may waive his or her right to the 120 days to obtain an estimate of business damages by providing the department with written notice of such waiver. If an estimate is submitted, it shall explain the nature and extent of such damages and shall be prepared by either the owner or a certified public accountant. If the business owner elects to submit an estimate of business damages to the department, he or she shall also permit the department to copy and examine, at the owner's convenience, such of the owner's business records as the department determines to be necessary for it to arrive at an estimate of business damages.

(6)  Upon submission of an invoice which complies with the requirements of this subsection, the department shall 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 shall be based upon the criteria of s. 73.092. The invoice shall include complete time records and a detailed statement of services performed and time spent performing such services. Reasonable appraisal or accountant fees as authorized by this section shall not 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 the department, 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.

(7)  Within 30 days after receipt of the fee owner's appraisal report and the estimate of business damages if submitted, the department shall submit to the owner all appraisal reports prepared for the department which relate to the owner's parcel and any estimate of business damages prepared.

(8)  After receipt of the appraisal report prepared for the fee owner and the estimate of business damages if submitted, the department shall make a written offer of purchase to the fee owner and business owner, if any, which includes the value of the land and improvements taken and any business or severance damages.

(9)  After exchanging appraisal reports and business damage reports, the parties may jointly agree to submit the compensation and business damage claims to nonbinding mediation. The mediation may be held after the eminent domain action is filed, if the department must file the action to meet construction schedules. The parties shall agree upon a mediator certified pursuant to s. 44.102.

(10)  If the department agrees to mediation, the fee owner or business owner may submit to the department an invoice, which complies with this section, for payment for the appraisal reports, business damage reports, and other reasonable costs. Upon receipt of such invoice, the department shall promptly pay a reasonable appraisal fee, reasonable accountant's fee, and other reasonable costs. If the parties cannot agree on the amount of costs to be paid by the department, the property owner may file a complaint in the circuit court in the county in which the property is located to recover reasonable costs.

(11)  Evidence of negotiations, or evidence of any written or oral statements used in mediation, conducted by the parties pursuant to this section is not admissible in any subsequent proceeding.

History.--s. 2, ch. 83-113; s. 1, ch. 83-212; s. 166, ch. 84-309; s. 5, ch. 87-148; s. 26, ch. 88-20; s. 19, ch. 88-168; s. 56, ch. 90-136; s. 5, ch. 90-303; s. 41, ch. 95-143; s. 499, ch. 95-148.