Florida Statute 73.015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.015

73.015 Presuit negotiation.—

(1) Before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the appraisal upon which the offer is based, and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel.

(a) No later than the time the initial written or oral offer of compensation for acquisition is made to the fee owner, the condemning authority must notify the fee owner of the following:

1. That all or a portion of his or her property is necessary for a project.

2. The nature of the project for which the parcel is considered necessary, and the parcel designation of the property to be acquired.

3. That, within 15 business days after receipt of a request by the fee owner, the condemning authority will provide a copy of the appraisal report upon which the offer to the fee owner is based; copies, to the extent prepared, of the right-of-way maps or other documents that depict the proposed taking; and copies, to the extent prepared, of the construction plans that depict project improvements to be constructed on the property taken and improvements to be constructed adjacent to the remaining property, including, but not limited to, plan, profile, cross-section, drainage, and pavement marking sheets, and driveway connection detail. The condemning authority shall provide any additional plan sheets within 15 days of request.

4. The fee owner’s statutory rights under ss. 73.091 and 73.092, or alternatively provide copies of these provisions of law.

5. The fee owner’s rights and responsibilities under paragraphs (b) and (c) and subsection (4), or alternatively provide copies of these provisions of law.

(b) The condemning authority must provide a written offer of compensation to the fee owner as to the value of the property sought to be appropriated and, where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking. The owner must be given at least 30 days after either receipt of the notice or the date the notice is returned as undeliverable by the postal authorities to respond to the offer, before the condemning authority files a condemnation proceeding for the parcel identified in the offer.

(c) The notice and written offer must be sent by certified mail, return receipt requested, to the fee owner’s last known address listed on the county ad valorem tax roll. Alternatively, the notice and written offer may be personally delivered to the fee owner of the property. If there is more than one owner of a property, notice to one owner constitutes notice to all owners of the property. The return of the notice as undeliverable by the postal authorities constitutes compliance with this provision. The condemning authority is not required to give notice or a written offer to a person who acquires title to the property after the notice required by this section has been given.

(d) Notwithstanding this subsection, with respect to lands acquired under s. 253.025, the condemning authority is not required to give the fee owner the current appraisal before executing an option contract.

(2) Before an eminent domain proceeding is brought under this chapter or chapter 74 by the Department of Transportation or by a county, municipality, board, district, or other public body for the condemnation of right-of-way, the condemning authority must make a good faith effort to notify the business owners, including lessees, who operate a business located on the property to be acquired.

(a) The condemning authority must notify the business owner of the following:

1. That all or a portion of his or her property is necessary for a project.

2. The nature of the project for which the parcel is considered necessary, and the parcel designation of the property to be acquired.

3. That, within 15 business days after receipt of a request by the business owner, the condemning authority will provide a copy of the appraisal report upon which the offer to the fee owner is based; copies, to the extent prepared, of the right-of-way maps or other documents that depict the proposed taking; and copies, to the extent prepared, of the construction plans that depict project improvements to be constructed on the property taken and improvements to be constructed adjacent to the remaining property, including, but not limited to, plan, profile, cross-section, drainage, pavement marking sheets, and driveway connection detail. The condemning authority shall provide any additional plan sheets within 15 days of request.

4. The business owner’s statutory rights under ss. 73.071, 73.091, and 73.092.

5. The business owner’s rights and responsibilities under paragraphs (b) and (c) and subsection (4).

(b) The notice must be made subsequent to or concurrent with the condemning authority’s making the written offer of compensation to the fee owner pursuant to subsection (1). The notice must be sent by certified mail, return receipt requested, to the address of the registered agent for the business located on the property to be acquired, or if no agent is registered, by certified mail or personal delivery to the address of the business located on the property to be acquired. Notice to one owner of a multiple ownership business constitutes notice to all business owners of that business. The return of the notice as undeliverable by the postal authorities constitutes compliance with these provisions. The condemning authority is not required to give notice to a person who acquires an interest in the business after the notice required by this section has been given. Once notice has been made to business owners under this subsection, the condemning authority may file a condemnation proceeding pursuant to chapter 73 or chapter 74 for the property identified in the notice.

(c) If the business qualifies for business damages pursuant to s. 73.071(3)(b) and the business intends to claim business damages, the business owner must, within 180 days after either receipt of the notice or the date the notice is returned as undeliverable by the postal authorities, or at a later time mutually agreed to by the condemning authority and the business owner, submit to the condemning authority a good faith written offer to settle any claims of business damage. The written offer must be sent to the condemning authority by certified mail, return receipt requested. Absent a showing of a good faith justification for the failure to submit a business damage offer within 180 days, the court must strike the business owner’s claim for business damages in any condemnation proceeding. If the court finds that the business owner has made a showing of a good faith justification for the failure to timely submit a business damage offer, the court shall grant the business owner up to 180 days within which to submit a business damage offer, which the condemning authority must respond to within 120 days.

1. The business damage offer must include an explanation of the nature, extent, and monetary amount of such damage and must be prepared by the owner, a certified public accountant, or a business damage expert familiar with the nature of the operations of the owner’s business. The business owner shall also provide to the condemning authority copies of the owner’s business records that substantiate the good faith offer to settle the business damage claim. If additional information is needed beyond data that may be obtained from business records existing at the time of the offer, the business owner and condemning authority may agree on a schedule for the submission of such information.

2. As used in this paragraph, the term “business records” includes, but is not limited to, copies of federal income tax returns, federal income tax withholding statements, federal miscellaneous income tax statements, state sales tax returns, balance sheets, profit and loss statements, and state corporate income tax returns for the 5 years preceding notification which are attributable to the business operation on the property to be acquired, and other records relied upon by the business owner that substantiate the business damage claim.

(d) Within 120 days after receipt of the good faith business damage offer and accompanying business records, the condemning authority must, by certified mail, accept or reject the business owner’s offer or make a counteroffer. Failure of the condemning authority to respond to the business damage offer, or rejection thereof pursuant to this section, must be deemed to be a counteroffer of zero dollars for purposes of subsequent application of s. 73.092(1).

(3) At any time in the presuit negotiation process, the parties may agree to submit the compensation or business damage claims to nonbinding mediation. The parties shall agree upon a mediator certified under s. 44.102. In the event that there is a settlement reached as a result of mediation or other mutually acceptable dispute resolution procedure, the agreement reached shall be in writing. The written agreement provided for in this section shall incorporate by reference the right-of-way maps, construction plans, or other documents related to the taking upon which the settlement is based. In the event of a settlement, both parties shall have the same legal rights that would have been available under law if the matter had been resolved through eminent domain proceedings in circuit court with the maps, plans, or other documents having been made a part of the record.

(4) If a settlement is reached between the condemning authority and a property or business owner prior to a lawsuit being filed, the property or business owner who settles compensation claims in lieu of condemnation shall be entitled to recover costs in the same manner as provided in s. 73.091 and attorney’s fees in the same manner as provided in s. 73.092, more specifically as follows:

(a) Attorney’s fees for presuit negotiations under this section regarding the amount of compensation to be paid for the land, severance damages, and improvements must be calculated in the same manner as provided in s. 73.092(1) unless the parties otherwise agree.

(b) If business damages are recovered by the business owner based on the condemning authority accepting the business owner’s initial offer or the business owner accepting the condemning authority’s initial counteroffer, attorney’s fees must be calculated in accordance with s. 73.092(2), (3), (4), and (5) for the attorney’s time incurred in presentation of the business owner’s good faith offer under paragraph (2)(c). Otherwise, attorney’s fees for the award of business damages must be calculated as provided in s. 73.092(1), based on the difference between the final judgment or settlement of business damages and the counteroffer to the business owner’s offer by the condemning authority.

(c) Presuit costs must be presented, calculated, and awarded in the same manner as provided in s. 73.091, after submission by the business or property owner to the condemning authority of all appraisal reports, business damage reports, or other work products for which recovery is sought, and upon transfer of title of the real property by closing, upon payment of any amounts due for business damages, or upon final judgment.

(d) If the parties cannot agree on the amount of costs and attorney’s fees to be paid by the condemning authority, the business or property owner may file a complaint in the circuit court in the county in which the property is located to recover attorney’s fees and costs.

This shall only apply when the action is by the Department of Transportation, county, municipality, board, district, or other public body for the condemnation of a road right-of-way.

(5) Evidence of negotiations or of any written or oral statements used in mediation or negotiations between the parties under this section is inadmissible in any condemnation proceeding, except in a proceeding to determine reasonable costs and attorney’s fees.

History.—s. 57, ch. 99-385; s. 8, ch. 2001-256; s. 28, ch. 2016-233; s. 14, ch. 2020-2.

F.S. 73.015 on Google Scholar

F.S. 73.015 on Casetext

Amendments to 73.015

Arrestable Offenses / Crimes under Fla. Stat. 73.015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 73.015.

Annotations, Discussions, Cases:

Cases Citing Statute 73.015

Total Results: 20

Christian Cruz v. State of Florida

Court: Fla. | Date Filed: 2021-07-01T00:53:00-07:00

Snippet: - 73 - 15. Sufficiency of the Evidence “In

B. ADAM BERLIN v. DEPT. OF TRANSPORTATION

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-07T23:53:00-08:00

Snippet: Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings

Florida Gas Transmission Company, LLC v. Sylvia Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-04T23:53:00-08:00

Snippet: as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall

Joseph B. Doerr Trust v. Central Florida Expressway Authority

Court: Fla. | Date Filed: 2015-11-05T00:00:00-08:00

Citation: 177 So. 3d 1209, 40 Fla. L. Weekly Supp. 616, 2015 Fla. LEXIS 2476, 2015 WL 6748858

Snippet: Except as otherwise provided in this section and s.73.015, the court, in eminent domain proceedings, shall…ejxcept as otherwise provided in this section and s.73.015, the court, in eminent domain proceedings,

General Commercial Properties, Inc. v. State of Florida Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-14T00:00:00-07:00

Citation: 178 So. 3d 439, 2015 Fla. App. LEXIS 15245

Snippet: Except as otherwise provided in this section and s. 73.015, the court, in.eminent domain- proceedings, shall…rather ’than a presuit offer pursuant to section 73.015. The trial court also properly found that the offer-was

Card v. Card

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-30T00:00:00-08:00

Citation: 160 So. 3d 469, 2015 Fla. App. LEXIS 1219, 2015 WL 403985

Snippet: had paid him $22,766.96, with a balance due of $73,015.63. However, at the final hearing, the parties

Orlando/Orange County Expressway v. Tuscan Ridge, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-04T00:00:00-07:00

Citation: 137 So. 3d 1154, 2014 WL 1325670, 2014 Fla. App. LEXIS 5010

Snippet: the statute in 1999 with the passage of section 73.015, Florida Statutes (2000). See Sarasota Cnty. v.

Florida Department of Agriculture & Consumer Services v. Bogorff

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-20T00:00:00-08:00

Citation: 132 So. 3d 249, 2013 WL 6082242, 2013 Fla. App. LEXIS 18418

Snippet: refers to 73.015, which provides further context for what constitutes a written offer. Section 73.015 requires… section 73.015 requires the condemning authority to advise the property owner. See § 73.015(l)(a)4., …Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall…” and, if requested, a copy of the appraisal. § 73.015(1), Fla. Stat. (2009). In addition, no later than…statutory rights under section 73.091 and 73.092. § 73.015(l)(a), Fla. Stat. (2009). The notice and written

Orlando/Orange County Expressway Authority v. Tuscan Ridge, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-30T00:00:00-07:00

Citation: 84 So. 3d 410, 2012 WL 1057622, 2012 Fla. App. LEXIS 4992

Snippet: otherwise provided in this section and section 73.015,” the sole factor to consider in awarding fees …requirements imposed on condemning authorities by section 73.015, Florida Statutes (2006). OOCEA theorizes that … offer did not meet the requirements of section 73.015, which requires the condemning authority to “provide…Landowners insist that the offer required by section 73.015(l)(b) is an offer for the value of the fee owner… 73.092(1). We reject the argument that section 73.015, the pre-suit offer statute, contemplates a separate

Pompano Beach Community Redevelopment Agency v. Holland

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:00:00-07:00

Citation: 82 So. 3d 1034, 2011 WL 4056251, 2011 Fla. App. LEXIS 14568

Snippet: and was compliant with the mandates of section 73.015, Florida Statutes (2008).2 The letter informed …Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall…prepared and delivered in compliance with section 73.015, was the first *1037written offer upon which the…02. The second letter, which referenced section 73.015, indicated the commission had already approved …certified mail to the owner, in accordance with section 73.015, expressed the government’s offer to purchase the

Calhoun, Dreggors & Associates v. Volusia County

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 26 So. 3d 624, 2009 Fla. App. LEXIS 20533, 2009 WL 5150087

Snippet: fee awards in three sections: 73.015, 73.091 and 73.092. Section 73.015(4) states, in pertinent part: …fee provisions in chapter 73, including sections 73.015 and 73.092, Florida Statutes, which, along with… s. 73.092,.... (Emphasis added). Thus, section 73.015(4) expressly authorizes an award of attorney'… no pre-suit settlement occurred. Thus, section 73.015(4), by its plain language, does not authorize a

JEA v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-03T00:53:00-07:00

Citation: 978 So. 2d 842

Snippet: noted that it included "excerpts from section 73.015, Florida Statutes, that are applicable to the JEA…presuit negotiations as contemplated by section 73.015, Florida Statutes. Thus, the appellees sought the…did not deal with an offer made pursuant section 73.015, Florida Statutes (2004), prior to the commencement…commencement of a condemnation action. Section 73.015 requires the JEA to make a good faith attempt to negotiate

City of Boynton Beach v. Janots

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-03T00:53:00-07:00

Citation: 929 So. 2d 1099

Snippet: the city attorney to acquire the parcels. Section 73.015, Florida Statutes, provides, in relevant part: …the City's written offer pursuant to Section 73.015, Florida Statutes. The City hereby offers to acquire…Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall…that it was incident to a proceeding under section 73.015. There is no indication in the July 7, 2003 letter… to make the pre-suit offer pursuant to section 73.015. The purpose of this statute is obviously not to

Sarasota County v. Curry

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-12T00:00:00-08:00

Citation: 861 So. 2d 1239, 2003 Fla. App. LEXIS 18808, 2003 WL 22927470

Snippet: section 73.092. See ch. 99-385, § 57, Laws of Fla.; § 73.015, Fla. Stat. (1999). No. 2D03-2015 District

Pichowski v. Florida Gas Transmission Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-08T00:53:00-07:00

Citation: 857 So. 2d 219

Snippet: offer of compensation, made pursuant to section 73.015, Florida Statutes (2001), was valid. As to this

Simmons v. Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-09T00:00:00-07:00

Citation: 849 So. 2d 415, 2003 Fla. App. LEXIS 10203, 2003 WL 21536977

Snippet: eminent domain proceeding is set forth in section 73.015(1), Florida Statutes (2001). That section requires…amount of compensation to be paid for the parcel.” § 73.015(1). In this case, it is undisputed that the Department…, two written offers that complied with section 73.015. The appellants neglected to respond to the offers… requisite thirty days under the statute. See § 73.015(l)(b). We reject the appellants’ argument that

Vogel v. Vogel

Court: Fla. Dist. Ct. App. | Date Filed: 1975-12-08T23:53:00-08:00

Citation: 323 So. 2d 306

Snippet: direct from time to time. Administrative Orders 73-15; 73-28; 74-27. The record of this case does not

Bell v. Bell

Court: Fla. Dist. Ct. App. | Date Filed: 1975-01-27T23:53:00-08:00

Citation: 307 So. 2d 911

Snippet: to, and as provided by, Administrative Order No. 73-15 of this Court, and Rule 1.490 of the Florida Rules…of June 19, 1973, under Administrative Order No. 73-15 of the circuit court[3] and reports with recommendations…There is no provision in Administrative Order No. 73-15 for the handling of post-decretal custody matters…the general master under Administrative Order No. 73-15 to determine the matter of custody where an objection… same should be denied ..." [3] ORDER No. 73-15: "WHEREAS, many post-decretal matters involving

Jayne v. Dennison

Court: Fla. Dist. Ct. App. | Date Filed: 1973-10-10T00:53:00-07:00

Citation: 284 So. 2d 237

Snippet: Appellant, v. Calvin B. DENNISON, Appellee. No. 73-15. District Court of Appeal of Florida, Second District…. MANN, C.J., and BOARDMAN, J., concur. 73-15 District Court of Appeal of Florida fladistctapp

Lazar v. Bell

Court: Fla. Dist. Ct. App. | Date Filed: 1973-03-16T00:00:00-08:00

Citation: 275 So. 2d 72, 1973 Fla. App. LEXIS 10081

Snippet: Appeal dismissed. Nos. 72-1518, 73-3 and 73-15 District Court of Appeal of Florida fladistctapp