FLC Icon

Bill Summary Details

Business Damages Against Local Government (Oppose)

SB 620 (Hutson) and HB 569 (McClure) require compensation for business damages caused by local government ordinances or charter provisions. A business that has been engaged in a lawful business in Florida for at least three years may claim business damages from a local government if the government enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business' revenue or profit. A local government is not liable for business damages caused by: ordinances required to comply with state or federal law; emergency ordinances, declarations or orders adopted pursuant to the state Emergency Management Act; a temporary emergency ordinance which remains in effect for no more than 90 days; ordinances that "increase economic freedom." The bills specify procedures and methodologies for a business to recover business damages, attorney fees and costs against a local government. The bills' provisions are nearly identical to the business damage procedures set forth in Florida's eminent domain statute. (O'Hara)