Florida Statute 73.71 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.071

73.071 Jury trial; compensation; severance damages; business damages.—

(1) When the action is at issue, and only upon notice and hearing to set the cause for trial, the court shall 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, and submit the issue of compensation to them for determination, which issue shall be tried in the same manner as other issues of fact are tried in the circuit courts.

(2) The amount of such compensation shall be determined as of the date of trial, or the date upon which title passes, whichever shall occur first.

(3) The jury shall determine solely the amount of compensation to be paid, which compensation shall include:

(a) The value of the property sought to be appropriated;

(b) Where less than the entire property is sought to be appropriated, any damages to the remainder caused by the taking, including, when the action is by the Department of Transportation, county, municipality, board, district or other public body 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 4 years’ standing before January 1, 2005, or the effect of the taking of the property involved may damage or destroy an established business of more than 5 years’ standing on or after January 1, 2005, owned by the party whose lands are being so taken, located upon adjoining lands owned or held by such party, the probable damages to such business which the denial of the use of the property so taken may reasonably cause; any person claiming the right to recover such special damages shall set forth in his or her written defenses the nature and extent of such damages; and

(c) Where the appropriation is of property upon which a mobile home, other than a travel trailer as defined in s. 320.01, is located, whether or not the owner of the mobile home is an owner or lessee of the property involved, and the effect of the taking of the property involved requires the relocation of such mobile home, the reasonable removal or relocation expenses incurred by such mobile home owner, not to exceed the replacement value of such mobile home. The compensation paid to a mobile home owner under this paragraph shall preclude an award to a mobile home park owner for such expenses of removal or relocation. Any mobile home owner claiming the right to such removal or relocation expenses shall set forth in his or her written defenses the nature and extent of such expenses. This paragraph shall not apply to any governmental authority exercising its power of eminent domain when reasonable removal or relocation expenses must be paid to mobile home owners under other provisions of law or agency rule applicable to such exercise of power.

(4) When the action is by the Department of Transportation, county, municipality, board, district, or other public body for the condemnation of a road, canal, levee, or water control facility right-of-way, the enhancement, if any, in value of the remaining adjoining property of the defendant property owner by reason of the construction or improvement made or contemplated by the petitioner shall be offset against the damage, if any, resulting to such remaining adjoining property of the defendant property owner by reason of the construction or improvement. However, such enhancement in the value shall not be offset against the value of the property appropriated, and if such enhancement in value shall exceed the damage, if any, to the remaining adjoining property, there shall be no recovery over against such property owner for such excess.

(5) Any increase or decrease in the value of any property to be acquired which occurs after the scope of the project for which the property is being acquired is known in the market, and which is solely a result of the knowledge of the project location, shall not be considered in arriving at the value of the property acquired. For the purpose of this section, the scope of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project.

(6) The jury shall view the subject property upon demand by any party or by order of the court.

(7) If the jury cannot agree on a verdict the court shall discharge them, impanel a new jury, and proceed with the trial.

History.—s. 1, ch. 65-369; ss. 23, 35, ch. 69-106; s. 1, ch. 70-283; s. 1, ch. 77-51; s. 19, ch. 79-400; s. 36, ch. 85-180; s. 361, ch. 95-147; ss. 58, 59, ch. 99-385; ss. 56, 57, ch. 2002-20.

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Amendments to 73.071

Annotations, Discussions, Cases:

Cases Citing Statute 73.071

Total Results: 137

Palm Beach County v. Tessler

538 So. 2d 846, 14 Fla. L. Weekly 66, 1989 Fla. LEXIS 95, 1989 WL 12355

Supreme Court of Florida | Filed: Feb 16, 1989 | Docket: 472326

Cited 36 times | Published

Business *850 damages continue to be controlled by section 73.071, Florida Statutes (1987). Applying these principles

Tampa-Hillsborough Cty. Expressway Auth. v. KE MORRIS ALIGN. SERVICE, INC.

444 So. 2d 926, 1983 Fla. LEXIS 2899

Supreme Court of Florida | Filed: Nov 10, 1983 | Docket: 1510744

Cited 33 times | Published

respondent made a claim for business damages under section 73.071(3)(b), Florida Statutes (1979). Although respondent

DEPT. OF AGR. & CONSUMER SERV. v. Bonanno

568 So. 2d 24, 1990 WL 141444

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526662

Cited 29 times | Published

just compensation in Florida is statutory, section 73.071, Florida Statutes (1987), and is not required

DEPT. OF AGR. & CONSUMER SERV. v. Polk

568 So. 2d 35

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526579

Cited 24 times | Published

exclusive province of the jury pursuant to section 73.071, Florida Statutes (1985), to determine the

Division of Administration v. Capital Plaza

397 So. 2d 682, 1981 Fla. LEXIS 2645

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 1357357

Cited 19 times | Published

1979). [2] Art. V, § 3(b)(3), Fla. Const. [3] § 73.071(3)(b), Fla. Stat. (1979). Stubbs phrased the issue

Sarasota-Manatee Airport Authority v. Alderman

238 So. 2d 678, 1970 Fla. App. LEXIS 6035

District Court of Appeal of Florida | Filed: Aug 19, 1970 | Docket: 2559741

Cited 19 times | Published

123 So. 527, and is still so limited by Fla. Stat. 73.071(3) (1967), F.S.A. See generally, 1 Nichols

Brevard County v. Ramsey

658 So. 2d 1190, 1995 WL 471654

District Court of Appeal of Florida | Filed: Aug 11, 1995 | Docket: 1525105

Cited 18 times | Published

entitles Enterprises to business damages under section 73.071(3)(b), Florida Statutes. I. VALIDITY OF THE

Mulkey v. DIV. OF ADMIN. STATE, DEPT. OF TRANSP.

448 So. 2d 1062

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 1523111

Cited 18 times | Published

property when less than an entire parcel is taken. § 73.071(3)(b), Fla. Stat. (1981); Kendry v. Division of

System Components Corp. v. Florida Deparment of Transportation

14 So. 3d 967, 34 Fla. L. Weekly Supp. 393, 2009 Fla. LEXIS 1026, 2009 WL 1955233

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 60241330

Cited 16 times | Published

business damages in an eminent-domain action under section 73.071(3)(b), Florida Statutes (2004), should include

Jamesson v. Downtown Development Authority

322 So. 2d 510

Supreme Court of Florida | Filed: Sep 24, 1975 | Docket: 1734702

Cited 16 times | Published

See 4, Nichols, Eminent Domain § 13.3. [3] Section 73.071(3)(b), Fla. Stat., provides that business damages

Hodges v. DIVISION OF ADMIN., STATE. DEPT. OF TRANSP.

323 So. 2d 275

District Court of Appeal of Florida | Filed: Dec 10, 1975 | Docket: 1257966

Cited 15 times | Published

than five years' standing pursuant to Fla. Stat. § 73.071(3) (b) (1973). After hearing the evidence directed

DOT v. Fortune Federal Sav. & Loan Ass'n

532 So. 2d 1267, 1988 WL 110108

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 1510243

Cited 13 times | Published

entitled to $2,000,000 in business damages under section 73.071(3)(b), Florida Statutes (1985). DOT attempted

County of Volusia v. Pickens

439 So. 2d 276

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 1265174

Cited 13 times | Published

(albeit wrongfully appropriated) to the county. Section 73.071, Florida Statutes (1981), provides for business

City of Hollywood v. Jarkesy

343 So. 2d 886

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1304335

Cited 13 times | Published

damage to the remainder caused by the taking. Section 73.071(3), Florida Statutes (1975). In Behm v. Division

County of Volusia v. Niles

445 So. 2d 1043

District Court of Appeal of Florida | Filed: Jan 26, 1984 | Docket: 1287830

Cited 12 times | Published

the greater weight of the evidence." Under section 73.071(3)(b), Florida Statutes (1981), an owner may

Matthews v. DIVISION OF ADMIN. DOT.

324 So. 2d 664

District Court of Appeal of Florida | Filed: Dec 26, 1975 | Docket: 1672288

Cited 12 times | Published

business damages recoverable under Fla. Stat. § 73.071(3)(b) (1973)[1] when an established business has

Lee County v. Exchange Nat. Bank of Tampa

417 So. 2d 268

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 1722070

Cited 11 times | Published

right to severance damages is now guaranteed by section 73.071(3)(b), Florida Statutes (1979). Often, the

LeSuer v. State Road Department

231 So. 2d 265

District Court of Appeal of Florida | Filed: Feb 12, 1970 | Docket: 1298175

Cited 11 times | Published

they were permitted to do by the provisions of Section 73.071(3) (b), Florida Statutes, F.S.A. It was alleged

City of Jacksonville v. Smith

159 So. 3d 888, 2015 Fla. App. LEXIS 2703, 2015 WL 798154

District Court of Appeal of Florida | Filed: Feb 26, 2015 | Docket: 60246704

Cited 10 times | Published

would support the judgment in the record."). . § 73.071(10), Fla. Stat. ("[T]he court shall impanel a

Williams v. State Dept. of Transp.

579 So. 2d 226, 1991 WL 65355

District Court of Appeal of Florida | Filed: Apr 29, 1991 | Docket: 1728695

Cited 10 times | Published

court erred in denying the motion to strike it. Section 73.071(3), Florida Statutes (1989), authorizes an

Provident Mgmt. v. City of Treas. Island

718 So. 2d 738

Supreme Court of Florida | Filed: May 7, 1998 | Docket: 286677

Cited 9 times | Published

had been located on the property for five years. § 73.071(3)(a), Fla. Stat. (1995); see Department of Transp

Division of Admin. v. Ness Trailer Park, Inc.

489 So. 2d 1172, 11 Fla. L. Weekly 1214

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 1528821

Cited 9 times | Published

Company, 165 So.2d 832, 833 (Fla. 2d DCA 1964); Section 73.071(3)(b), Florida Statutes (1983), both implements

Florida East Coast Ry. Co. v. Broward Cty.

421 So. 2d 681

District Court of Appeal of Florida | Filed: Nov 3, 1982 | Docket: 1719324

Cited 9 times | Published

is empaneled to make a determination of value. § 73.071, Fla. Stat. (1981). Here, appellant does not challenge

Kendry v. DIV. OF ADMIN., STATE DEPT. OF TRANSP.

366 So. 2d 391

Supreme Court of Florida | Filed: Dec 7, 1978 | Docket: 1655648

Cited 9 times | Published

the state takes less than an entire parcel. Section 73.071(3)(b),[3] Florida Statutes (1975), specifically

Walters v. State Road Department

239 So. 2d 878

District Court of Appeal of Florida | Filed: Sep 17, 1970 | Docket: 538688

Cited 9 times | Published

registry of the court and available to the owner." Section 73.071, Florida Statutes, F.S.A., provides: "Where

Texaco, Inc. v. Department of Transp.

537 So. 2d 92, 14 Fla. L. Weekly 5, 1989 Fla. LEXIS 12, 1989 WL 3697

Supreme Court of Florida | Filed: Jan 5, 1989 | Docket: 1522620

Cited 8 times | Published

to business damages under the provisions of section 73.071, Florida Statutes (1985), and certified the

DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. Jirik

471 So. 2d 549, 10 Fla. L. Weekly 1246

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 2555424

Cited 8 times | Published

section 73.10(3), Florida Statutes (1963) (now section 73.071(4), Florida Statutes (1983)).[5] Based on its

Murray v. Department of Transp.

687 So. 2d 825, 22 Fla. L. Weekly Supp. 53, 1997 Fla. LEXIS 9, 1997 WL 33099

Supreme Court of Florida | Filed: Jan 30, 1997 | Docket: 1718443

Cited 7 times | Published

IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071(3)(b), FLORIDA STATUTES,[1] CONTEMPLATE CALCULATION

STATE, DEPT. OF TRANSP. v. Manoli

645 So. 2d 1093, 1994 Fla. App. LEXIS 11504, 1994 WL 665717

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 1222757

Cited 7 times | Published

only as a matter of legislative grace under section 73.071(3)(b), Florida Statutes (1991), and are not

State, Dept. of Transp. v. Finkelstein

629 So. 2d 932, 1993 WL 502178

District Court of Appeal of Florida | Filed: Dec 8, 1993 | Docket: 2507636

Cited 7 times | Published

or the date of trial, whichever occurs first. § 73.071(2), Fla. Stat. (1989). If the property involved

Div. of Admin., State of Fla. v. Frenchman

476 So. 2d 224

District Court of Appeal of Florida | Filed: Aug 7, 1985 | Docket: 1277508

Cited 7 times | Published

determine solely the amount of compensation, section 73.071(1) & (3), Florida Statutes (1983). Compensation

Mainer v. Canal Authority of State

467 So. 2d 989

Supreme Court of Florida | Filed: Apr 18, 1985 | Docket: 1680440

Cited 7 times | Published

Navigation District, 198 So.2d 65 (Fla. 2d DCA 1967); § 73.071(4), Fla. Stat. (1983); see also Di Virgilio v

DIVISION OF ADMINISTRATION, ETC v. Ely

351 So. 2d 66

District Court of Appeal of Florida | Filed: Oct 11, 1977 | Docket: 1246386

Cited 7 times | Published

Department v. Bramlett, 189 So.2d 481 (Fla. 1966); Section 73.071(3)(b), Florida Statutes (1975). The above rules

Weaver Oil Co. v. City of Tallahassee

647 So. 2d 819, 19 Fla. L. Weekly Supp. 652, 1994 Fla. LEXIS 1962, 1994 WL 698329

Supreme Court of Florida | Filed: Dec 15, 1994 | Docket: 1524747

Cited 6 times | Published

then certified the following question: DOES SECTION 73.071, FLORIDA STATUTES, PERMIT A CLAIM FOR STATUTORY

Slacter v. City of St. Petersburg

449 So. 2d 1006

District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 1325202

Cited 6 times | Published

chose to award him no business damages under section 73.071(3)(b), Florida Statutes (1983). The jury returned

City of Miami v. Coconut Grove Marine Prop., Inc.

358 So. 2d 1151

District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 1311767

Cited 6 times | Published

v. Bramlett, 189 So.2d 481 (Fla. 1966). See Section 73.071(3), Florida Statutes (1975), which provides

Di Virgilio v. State Road Department

205 So. 2d 317

District Court of Appeal of Florida | Filed: Nov 28, 1967 | Docket: 455129

Cited 6 times | Published

statute is F.S.A. § 73.10 (3), 1963, now F.S.A. § 73.071(4), which reads as follows: "When the action is

FLORIDA DOT v. Armadillo Partners, Inc.

849 So. 2d 279, 2003 WL 1922669

Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 447626

Cited 5 times | Published

Division of Admin., 366 So.2d 391, 393 (Fla. 1978); § 73.071(3)(a)-(b), Fla. Stat. (2001). The damage to the

Blockbuster Video v. State, Dot

714 So. 2d 1222, 1998 WL 472626

District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 1513787

Cited 5 times | Published

of a claim for business damages pursuant to section 73.071(3)(b), Florida Statutes (1995). At all relevant

Tampa-Hillsborough County v. AGWS

608 So. 2d 52, 1992 WL 235303

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 1449381

Cited 5 times | Published

is merely to determine just compensation. See § 73.071(3), Fla. Stat. (1991); The Florida Bar, Continuing

STATE, DOT v. Weggies Banana Boat

576 So. 2d 722, 1990 WL 211467

District Court of Appeal of Florida | Filed: Dec 21, 1990 | Docket: 1242448

Cited 5 times | Published

statutory right to business damages pursuant to section 73.071(3)(b), Florida Statutes, does not include a

Morton v. Gardner

513 So. 2d 725, 1988 A.M.C. 2587

District Court of Appeal of Florida | Filed: Sep 29, 1987 | Docket: 1689338

Cited 5 times | Published

duties conscientiously." [12] See, for example, Section 73.071, Florida Statutes, which provides that where

DEPARTMENT OF TRANS. OF STATE OF FLA. v. Nalven

455 So. 2d 301

Supreme Court of Florida | Filed: Apr 19, 1984 | Docket: 1316702

Cited 5 times | Published

State Road Department, 170 So.2d 846 (Fla. 1964); § 73.071(4), Florida Statutes (1981).[5] Therefore, the

Lee County v. T & H ASSOCIATES, LTD.

395 So. 2d 557

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1318172

Cited 5 times | Published

Where less than the entire property is taken, section 73.071(3)(b), Florida Statutes (1979), permits the

Lee County v. Pierpont

693 So. 2d 994, 1997 WL 24312

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 1524494

Cited 4 times | Published

is empaneled to make a determination of value. § 73.071, Fla.Stat. (1981). See also Shannon Properties

Weese v. Pinellas County

668 So. 2d 221, 1996 WL 34001

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686982

Cited 4 times | Published

of his calculation of the business damages. Section 73.071(2), Florida Statutes (1991), states that "compensation

City of Tallahassee v. Boyd

616 So. 2d 1000, 1993 WL 39689

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 1726562

Cited 4 times | Published

judgment allowing no business damages. See Section 73.071(3), Florida Statutes (1989); Palm Beach County

Dept. of Revenue v. A. Duda & Sons

608 So. 2d 881, 1992 Fla. App. LEXIS 11221, 1992 WL 311064

District Court of Appeal of Florida | Filed: Oct 30, 1992 | Docket: 1449126

Cited 4 times | Published

require compensation for business damages under section 73.071, Florida Statutes (1991), and for costs, attorney's

Palm Beach County v. Awadallah

538 So. 2d 142, 1989 WL 11284

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 472424

Cited 4 times | Published

statutory section relevant to the instant case is section 73.071(3)(b), Florida Statutes (1987), which provides

DIV. OF ADMIN., STATE, DOT v. Grossman

536 So. 2d 1181, 1989 WL 600

District Court of Appeal of Florida | Filed: Jan 10, 1989 | Docket: 1760001

Cited 4 times | Published

statutory right to trial by a twelve-member jury. See § 73.071, Fla. Stat. (1985). Under the "quick take" proceedings

Howard Johnson Co. v. DIV. OF ADMIN., STATE, DEPT. OF TRANSP.

450 So. 2d 328

District Court of Appeal of Florida | Filed: May 23, 1984 | Docket: 1433833

Cited 4 times | Published

appellant relies in seeking business damages, section 73.071(3)(b), Florida Statutes, delineating the extent

City of Jacksonville v. Yerkes

282 So. 2d 645

District Court of Appeal of Florida | Filed: Sep 4, 1973 | Docket: 1235068

Cited 4 times | Published

thereby enhanced the value of the property. Section 73.071(4), Florida Statutes, F.S.A., provides that

Brown v. Department of Transp.

884 So. 2d 116, 2004 Fla. App. LEXIS 9686, 2004 WL 1474551

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1683148

Cited 3 times | Published

announcement of intent to condemn."); see also § 73.071(5), Fla. Stat. (2000). Because the trial court

Joynt v. Orange County

701 So. 2d 1249, 1997 WL 749399

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 1736685

Cited 3 times | Published

whether the term "right-of-way" contained in section 73.071(3)(b), Florida Statutes, is limited to a road

Trinity Temple Church v. ORANGE CTY., FL.

681 So. 2d 765, 1996 WL 514589

District Court of Appeal of Florida | Filed: Sep 12, 1996 | Docket: 1722239

Cited 3 times | Published

damages. The right to business damages under section 73.071(3)(b), Florida Statutes (1995), in a condemnation

City of Ocala v. Nye

608 So. 2d 15, 17 Fla. L. Weekly Supp. 611, 1992 Fla. LEXIS 1637, 1992 WL 275893

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 2528818

Cited 3 times | Published

the claim for business damages pursuant to section 73.071(3)(b), Florida Statutes (1989), which states

STATE, DEPT. OF AGR. & CONS. SERV. v. Mid-Florida Growers, Inc.

541 So. 2d 1243, 1989 WL 20111

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 470548

Cited 3 times | Published

utilized as the date to measure compensation. § 73.071(2), Fla. Stat. (1987). Evidence of a future increase

State v. Fortune Fed. Sav. & Loan Ass'n

507 So. 2d 1172

District Court of Appeal of Florida | Filed: May 29, 1987 | Docket: 459931

Cited 3 times | Published

would invoke the provisions of a separate statute, § 73.071, which would permit a separate award of special

ST., DEPT. OF TRANSP v. Standard Oil Co.

510 So. 2d 324, 12 Fla. L. Weekly 1321

District Court of Appeal of Florida | Filed: May 22, 1987 | Docket: 1593131

Cited 3 times | Published

individually entitled to business damages pursuant to section 73.071(3)(b), Florida Statutes (1985). Chevron also

DIV. OF ADMIN., ETC. v. Lake of the Woods, Inc.

404 So. 2d 186

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 1782549

Cited 3 times | Published

appellee was awarded business damages pursuant to Section 73.071, Florida Statutes (1977). Appellant contends

Valls v. Arnold Industries, Inc.

328 So. 2d 471

District Court of Appeal of Florida | Filed: Mar 3, 1976 | Docket: 1699716

Cited 3 times | Published

domain is first determined by a jury. Fla. Stat. § 73.071 (1975). The verdict must specify the amount to

Jones v. City of Tallahassee

304 So. 2d 528

District Court of Appeal of Florida | Filed: Dec 5, 1974 | Docket: 1729870

Cited 3 times | Published

provisions of Chapter 73 ..." (italics ours). Section 73.071 provides that when the condemnation action

State Dept. of Transp. v. Tire Centers

895 So. 2d 1110, 2005 WL 156749

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1674318

Cited 2 times | Published

off-site cure. As we explain below, we affirm. Section 73.071(3)(b), Florida Statutes (2003), which covers

325 W. ADAMS STREET, LTD. v. City of Jacksonville

863 So. 2d 380, 2003 WL 22927206

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 1728657

Cited 2 times | Published

which depicts the location of the project. Section 73.071(5), Fla. Stat. (2002). Reading the jury instruction

Florida Water Services Corp. v. Utilities Com'n

790 So. 2d 501, 2001 Fla. App. LEXIS 8486, 2001 WL 699017

District Court of Appeal of Florida | Filed: Jun 22, 2001 | Docket: 1411601

Cited 2 times | Published

the first day of trial, whichever occurs first. § 73.071(2), Fla. Stat. (1999); Dep't of Transp. v. Finkelstein

Department of Transp. v. JACK'S QUICK CASH

748 So. 2d 1049, 1999 Fla. App. LEXIS 15444, 1999 WL 1043911

District Court of Appeal of Florida | Filed: Nov 19, 1999 | Docket: 1505047

Cited 2 times | Published

met the five-year requirement contained in section 73.071, Florida Statutes (1991). This statute limits

Basic Energy Corp. v. Dept. of Corrections

709 So. 2d 124, 1998 WL 101695

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 1681993

Cited 2 times | Published

a plain reading of the applicable statutes. Section 73.071(2), Florida Statutes, which applies to the

Night Flight v. County Expressway Auth.

702 So. 2d 538, 1997 WL 716823

District Court of Appeal of Florida | Filed: Oct 29, 1997 | Docket: 460228

Cited 2 times | Published

(finding "statutory business damages under section 73.071 [Florida Statutes (1991)] may not be recovered

STATE, DEPT. OF TRANSP. v. Murray

670 So. 2d 977, 1996 Fla. App. LEXIS 647, 1996 WL 16570

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 1245975

Cited 2 times | Published

partial taking of the restaurant's parking lot. Section 73.071(3), Florida Statutes, authorizes an award of

Sasnett v. Tampa Elec. Co.

513 So. 2d 157, 12 Fla. L. Weekly 2004, 1987 Fla. App. LEXIS 12125

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 1295284

Cited 2 times | Published

denying his request for business damages under section 73.071(3)(b), Florida Statutes (1985). We affirm.

Florida Power & Light Co. v. Jennings

485 So. 2d 1374, 11 Fla. L. Weekly 803, 1986 Fla. App. LEXIS 7255

District Court of Appeal of Florida | Filed: Apr 4, 1986 | Docket: 1275820

Cited 2 times | Published

right to severance damages has been codified as Section 73.071(3)(b), Florida Statutes, which provides, in

Fla. Power & Light Co. v. FIRST NAT. BK. AND TRUST CO.

448 So. 2d 1141

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 429798

Cited 2 times | Published

"public body" within the definition found in Section 73.071(3)(b), Florida Statutes (1981). Based upon

Douglass v. Hillsborough County

206 So. 2d 402

District Court of Appeal of Florida | Filed: Jan 17, 1968 | Docket: 1327648

Cited 2 times | Published

damages for loss of their business and that Section 73.071, Fla.Stats., F.S.A., was not applicable to

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

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

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60306729

Cited 1 times | Published

(emphasis added). This is consistent with section 73.071, which requires the jury during the “compensation”

System Components Corp. v. Dept. of Transp.

985 So. 2d 687, 2008 Fla. App. LEXIS 9936, 2008 WL 2605058

District Court of Appeal of Florida | Filed: Jul 3, 2008 | Docket: 2525778

Cited 1 times | Published

by meeting the requirements set forth under section 73.071(3)(b), Florida Statutes (2003)[2]. *689 The

City of Jacksonville v. TWIN RESTAURANTS

953 So. 2d 720, 2007 Fla. App. LEXIS 5183, 2007 WL 1037409

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 1338483

Cited 1 times | Published

WL 1933416 (Fla.2d DCA July 14, 2006). See also § 73.071(3)(b), Fla. Stat. (2005) ("The jury shall determine

SEMINOLE CTY. v. Sanford Court Investors, Ltd.

743 So. 2d 1165, 1999 WL 960791

District Court of Appeal of Florida | Filed: Oct 22, 1999 | Docket: 723136

Cited 1 times | Published

entitled to recover business damages pursuant to section 73.071(3)(b), Florida Statutes (1993). In May 1996

State v. Barbara's Creative Jewelry

728 So. 2d 240, 1998 WL 329456

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 1673895

Cited 1 times | Published

elements of compensation. Therefore, pursuant to section 73.071(3), Florida Statutes (1995), jury resolution

Nye v. City of Ocala

559 So. 2d 360, 1990 WL 37482

District Court of Appeal of Florida | Filed: Apr 5, 1990 | Docket: 1524434

Cited 1 times | Published

claim for special damages to its business under section 73.071(3)(b), Florida Statutes, which statute is applicable

Hicks v. STATE, DEPT. OF TRANSP.

541 So. 2d 1309, 1989 WL 33962

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 1516594

Cited 1 times | Published

the sale of other types of small businesses. Section 73.071(3)(b), Florida Statutes, provides: Where less

Met. Dade Cty. v. Curelli, Douglas, Etc.

511 So. 2d 602

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1700750

Cited 1 times | Published

Alignment Service, Inc., 444 So.2d 926 (Fla. 1983); § 73.071(3)(b), Fla.Stat (1985). Second, it is urged that

Florida Power & Light Co. v. Roberts

490 So. 2d 969, 11 Fla. L. Weekly 1275

District Court of Appeal of Florida | Filed: Jun 5, 1986 | Docket: 1743178

Cited 1 times | Published

consolidated for trial on the compensation issues. Section 73.071(3)(b), Florida Statutes (1983), allows the

City of Miami Beach v. Buckley

363 So. 2d 360, 1978 Fla. App. LEXIS 16784

District Court of Appeal of Florida | Filed: Sep 19, 1978 | Docket: 461321

Cited 1 times | Published

Department v. Chicone, 158 So.2d 753 (Fla. 1963) and Section 73.071, Florida Statutes (1977). This value, as a

Sabal Trail Transmission, LLC v. +/- 18.27 Acres of Land in Levy County

280 F. Supp. 3d 1331

District Court, N.D. Florida | Filed: Nov 15, 2017 | Docket: 64316162

Published

495, 496 (Fla. 4th DCA 1992) (citing Fla. Stat. § 73.071(2), (3)(a), & (b)). Importantly, though, the Florida

Florida Gas Transmission Company, LLC. etc. v. City Of Tallahassee, a municipal corp.

230 So. 3d 912

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6182905

Published

trials get preference over other civil cases, section 73.071(1), Florida Statutes, and the remaining plaintiff-property

Sabal Trail Transmission, LLC v. Real Estate

255 F. Supp. 3d 1213, 2017 WL 2434533, 2017 U.S. Dist. LEXIS 85961

District Court, N.D. Florida | Filed: Jun 5, 2017 | Docket: 64314317

Published

owner is entitled eventually to a jury trial[.]”); § 73.071, Fla. Stat. (2016) (requiring a twelve-person

Orange County v. Buchman

183 So. 3d 457, 2016 Fla. App. LEXIS 310, 2016 WL 81661

District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60253015

Published

realignment of the road (“severance damages”). Section 73.071(4), Florida Statutes (2014), provides that

Teitelbaum v. South Florida Water Management District

176 So. 3d 998, 2015 Fla. App. LEXIS 14478

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863179

Published

equal to “full compensation” for the property, § 73.071, *1003 Fla. Stat. (2004), the state

Teitelbaum v. South Florida Water Management District

176 So. 3d 998, 2015 Fla. App. LEXIS 14478

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863179

Published

equal to “full compensation” for the property, § 73.071, *1003 Fla. Stat. (2004), the state

Teitelbaum v. South Fl Water Management

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2667768

Published

equal to “full compensation” for the property, § 73.071, Fla. Stat. (2004), the state entity pays the

Florida Department of Agriculture & Consumer Services v. Mendez

126 So. 3d 367, 2013 WL 5628727, 2013 Fla. App. LEXIS 16396

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60236424

Published

not readdress whether a taking has occurred. See § 73.071(3), Fla. Stat. (2011) (“The jury shall determine

MH New Investments, LLC v. Department of Transportation

76 So. 3d 1071, 2011 Fla. App. LEXIS 20497, 2011 WL 6438380

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 2357246

Published

not support a business damages claim under section 73.071(3)(b), Florida Statutes, the trial court dismissed

Pinnacle Floor Covering, Inc. v. Department of Transportation

16 So. 3d 919, 2009 Fla. App. LEXIS 10968, 2009 WL 2408338

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 2535750

Published

requirement for establishing business damages. See § 73.071(3)(b). It argues that, unlike the defendant in

Florida Department of Agriculture & Consumer Services v. Citrus Canker Litigation

20 So. 3d 864, 2009 Fla. App. LEXIS 7609, 2009 WL 1675852

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 2540479

Published

direct conflict with this Court's 2006 mandate; section 73.071, Florida Statutes (2008), regarding eminent

Fdot v. Bd. of Sup'rs of St. John's Water

981 So. 2d 605

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1515550

Published

purposes of valuation for compensation pursuant to section 73.071(2), Florida Statutes (2006). After the trial

Fdot v. Bd. of Sup'rs of St. John's Water

981 So. 2d 605

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1515550

Published

purposes of valuation for compensation pursuant to section 73.071(2), Florida Statutes (2006). After the trial

City of Jacksonville v. Westland Park Associates, II

46 So. 3d 583, 2007 Fla. App. LEXIS 1630, 2007 WL 437220

District Court of Appeal of Florida | Filed: Feb 12, 2007 | Docket: 2401777

Published

1933416 (Fla. 2d DCA July 14, 2006). See also § 73.071(3)(b), Fla. Stat. (2005) ("The jury shall determine

STATE, DEPT. OF TRANSP. v. Target Corp.

937 So. 2d 703, 2006 WL 2355481

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 459561

Published

of the property so taken may reasonably cause." § 73.071(3)(b), Fla. Stat. (2002). It is appropriate to

Dames v. 926 Co., Inc.

925 So. 2d 1078, 2006 WL 625721

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 1516967

Published

date of trial or the date that title passes. See § 73.071(2), Fla. Stat. (2005); Dep't of Transp. v. Finkelstein

Gateway Growers v. School Bd. of Palm Beach

924 So. 2d 875, 2006 WL 473756

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1736012

Published

the meaning of the business damages statute, section 73.071(3)(b), Florida Statutes (2004). Before trial

9863 West Atlantic Avenue, Inc. v. State Department of Transportation

851 So. 2d 191, 2003 Fla. App. LEXIS 8782, 2003 WL 21347264

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 64824187

Published

that it was not too close to the septic tank. Section 73.071(3)(b), Florida Statutes (1997), provided: Where

Owens v. Orange County

747 So. 2d 467, 1999 Fla. App. LEXIS 17619, 1999 WL 1267322

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 64793315

Published

ANTOON, C.J, and THOMPSON, J, concur. . See § 73.071(3)(b), Fla. Stat. (1993). . The addendum to

MJ STAVOLA FARMS v. Dept. of Transp.

742 So. 2d 391, 1999 Fla. App. LEXIS 11628, 1999 WL 651556

District Court of Appeal of Florida | Filed: Aug 27, 1999 | Docket: 1710076

Published

business damages for the partial taking under section 73.071(3). Business damages are not granted as a matter

Dept. of Transp. v. Rogers

705 So. 2d 584, 1997 WL 710294

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 1581353

Published

partial taking occurs, a situation not present here. § 73.071(3)(b), Fla. Stat. (1995); State Road Dept. v.

Rally's Hamburgers, Inc. v. State, Department of Transportation

697 So. 2d 535, 1997 Fla. App. LEXIS 7207, 1997 WL 345319

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 64775175

Published

taken in a partial condemnation proceeding. See § 73.071(3)(b), Fla. Stat. (1995); Kendry v. Div. of Admin

State, Department of Transportation v. Coleman

673 So. 2d 874, 1996 Fla. App. LEXIS 283, 1996 WL 17266

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 64764707

Published

IS NOT TOTALLY DESTROYED BY A TAKING, DOES SECTION 73.071(3)(b), FLORIDA STATUTES, CONTEMPLATE CALCULATION

Tampa-hillsborough County Expressway Authority ex rel. State, Department of Transportation v. Casiano-Torres

659 So. 2d 1125, 1995 Fla. App. LEXIS 7970, 1995 WL 437260

District Court of Appeal of Florida | Filed: Jul 26, 1995 | Docket: 64758541

Published

in existence for five years as required by section 73.071(3)(b), Florida Statutes (1991). We find no

American Dive Center, Inc. v. State, Department of Transportation

632 So. 2d 277, 1994 Fla. App. LEXIS 1267, 1994 WL 51876

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 64746504

Published

from Scuba II. Pursuant to the provisions of Section 73.-071(3)(b), Florida Statutes (1989), appellant sought

Polk County v. Grooms

625 So. 2d 1249, 1993 Fla. App. LEXIS 9069, 1993 WL 341155

District Court of Appeal of Florida | Filed: Sep 10, 1993 | Docket: 64743799

Published

awarded Fancy Farms $62,600 as business damages. Section 73.071(3)(b), Florida Statutes (1987), which governs

Partyka v. Florida Department of Transportation

606 So. 2d 495, 1992 Fla. App. LEXIS 10926, 1992 WL 295489

District Court of Appeal of Florida | Filed: Oct 21, 1992 | Docket: 64670693

Published

the remainder caused by the taking, if any. See § 73.071(2), (3)(a) & (b), Fla.Stat. (1991); Broward County

State, Department of Transportation v. FMS Management Systems, Inc.

599 So. 2d 1009, 1992 Fla. App. LEXIS 4481, 1992 WL 79702

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 64667808

Published

Business damages continue to be controlled by section 73.-071, Florida Statutes (1987). Id. at 849-50. The

Broward County v. Pizio

579 So. 2d 762, 1991 Fla. App. LEXIS 3652, 1991 WL 60865

District Court of Appeal of Florida | Filed: Apr 24, 1991 | Docket: 64658788

Published

question whether use of the term “shall” in section 73.071(3)(b), Florida Statutes (1989), would prohibit

Department of Agriculture & Consumer Services v. Polk

568 So. 2d 35, 15 Fla. L. Weekly Supp. 511, 1990 Fla. LEXIS 1194, 1990 WL 141446

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653739

Published

exclusive province of the jury pursuant to section 73.071, Florida Statutes (1985), to determine the

Robert H. Hart & Sons, Inc. v. State Department of Transportation

559 So. 2d 302, 1990 Fla. App. LEXIS 2097, 1990 WL 35367

District Court of Appeal of Florida | Filed: Mar 30, 1990 | Docket: 64649492

Published

Hart & Sons claimed business damages under section 73.071(3)(b), Florida Statutes (1985). Hart & Sons’

Manhattan Properties Ltd. v. Division of Administration, State, Department of Transportation

541 So. 2d 655, 14 Fla. L. Weekly 658, 1989 Fla. App. LEXIS 1236, 1989 WL 20102

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 64641576

Published

jury determination of that amount (pursuant to section 73.071) cannot be cut short by dismissal of the case

Amerkan v. City of Hialeah

534 So. 2d 796, 1988 WL 123801

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 1359042

Published

1978), cert. denied, 372 So.2d 932 (Fla. 1979). Section 73.071(3)(b), Florida Statutes (1985), provides in

State, Department of Transportation v. Schatt

519 So. 2d 708, 13 Fla. L. Weekly 363, 1988 Fla. App. LEXIS 422, 1988 WL 7070

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64632520

Published

DOMAIN ENTITLED TO BUSINESS DAMAGES PURSUANT TO SECTION 73.-071(3)(b), FLORIDA STATUTES (1985), WHEN THE LESSEE

Division of Administration State Department of Transportation v. Davis

511 So. 2d 686, 12 Fla. L. Weekly 1988, 1987 Fla. App. LEXIS 9811

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 64628984

Published

Petition and pursuant to Fla.R.Civ.P. 1.430 and section 73.071, Florida Statutes (1985). Fla.R.Civ.P. 1.430(a)

State, Department of Transportation v. Sun Island Boats, Inc.

510 So. 2d 603, 12 Fla. L. Weekly 1444, 1987 Fla. App. LEXIS 8742

District Court of Appeal of Florida | Filed: Jun 9, 1987 | Docket: 64628650

Published

denying business damage. Sun Island relies on section 73.-071(3)(b), Florida Statutes (1985), which applies

Palladino Holding Corp. v. Broward County

504 So. 2d 465, 12 Fla. L. Weekly 747, 1987 Fla. App. LEXIS 7152

District Court of Appeal of Florida | Filed: Mar 11, 1987 | Docket: 64626000

Published

practicable to determine the amount of damages. § 73.071(1), Fla.Stat. (1983). As in other civil proceedings

Schram v. Dade County

445 So. 2d 1080, 1984 Fla. App. LEXIS 11903

District Court of Appeal of Florida | Filed: Feb 21, 1984 | Docket: 64603138

Published

Department v. Bramlett, 189 So.2d 481 (Fla.1966); Section 73.071(3)(b), Florida Statutes (1981).

Tampa-Hillsborough County Expressway Authority v. Campoamor Modern Dairy, Inc.

436 So. 2d 922

District Court of Appeal of Florida | Filed: May 18, 1983 | Docket: 64599213

Published

motion in the trial court to determine that section 73.071(3)(b), Florida Statutes (1981), is unconstitutional

City of Miami v. Florida East Coast Railway Co.

428 So. 2d 674, 1983 Fla. App. LEXIS 18452

District Court of Appeal of Florida | Filed: Jan 11, 1983 | Docket: 64595852

Published

Should the case go to jury trial pursuant to Section 73.071 of the Florida Statutes for determination of

K. E. Morris Alignment Service, Inc. v. Tampa-Hillsborough County Expressway Authority

414 So. 2d 299, 1982 Fla. App. LEXIS 20189

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 64590108

Published

was not entitled to business damages under section 73.071(3)(b), Florida Statutes (1981). The statute

Coleman v. Escambia County

405 So. 2d 227, 1981 Fla. App. LEXIS 21289

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 64585757

Published

the result of the condemnation proceedings. Section 73.071(3)(b), Fla.Stat. (1979), provides: Where less

Garcia v. State Department of Transportation ex rel. Division of Administration & Road Operations

342 So. 2d 522, 1977 Fla. App. LEXIS 15288

District Court of Appeal of Florida | Filed: Feb 1, 1977 | Docket: 64557097

Published

299 So.2d 101 (Fla. 1st DCA 1974). Although Section 73.071(4), Florida Statutes (1975)1 requires that

Kendry v. Division of Administration

341 So. 2d 1012, 1977 Fla. App. LEXIS 14979

District Court of Appeal of Florida | Filed: Jan 7, 1977 | Docket: 64556848

Published

Inc., 286 So.2d 578 (Fla. 4th DCA 1973), and Section 73.071(3), Florida Statutes. Accordingly, I would

Tuttle v. Division of Administration, State of Florida Department of Transportation

327 So. 2d 841, 1976 Fla. App. LEXIS 14724

District Court of Appeal of Florida | Filed: Feb 5, 1976 | Docket: 64552678

Published

trial was that of business damage cognizable under § 73.071(3) (b), F.S., 1973. On that subject the condemning

Duval Productions, Inc. v. City of Tampa

307 So. 2d 493, 1975 Fla. App. LEXIS 14631

District Court of Appeal of Florida | Filed: Feb 7, 1975 | Docket: 64544221

Published

Palm Beach, 1931, 101 Fla. 868, 132 So. 689; cf. § 73.071(3) (b), F.S.1973.

Mazerolle v. State Department of Transportation

266 So. 2d 364, 1972 Fla. App. LEXIS 6300

District Court of Appeal of Florida | Filed: Sep 14, 1972 | Docket: 64527493

Published

square feet for which compensation would be due. Section 73.071(3), Florida Statutes, F.S. A., provides that:

Levit v. State, Department of Transportation

248 So. 2d 542, 1971 Fla. App. LEXIS 6556

District Court of Appeal of Florida | Filed: Mar 25, 1971 | Docket: 64520589

Published

appellants as a result of the taking. F.S. Section 73.071(4), F.S.A., dealing with the practice and procedure

State v. Crews

227 So. 2d 505, 1969 Fla. App. LEXIS 5113

District Court of Appeal of Florida | Filed: Nov 4, 1969 | Docket: 64511859

Published

business damages adjudicated as permitted by Section 73.071(3) (b), Florida Statutes, F.S.A., but the trial

State Road Department v. Hartsfield

216 So. 2d 61, 1968 Fla. App. LEXIS 4664

District Court of Appeal of Florida | Filed: Dec 5, 1968 | Docket: 64507427

Published

court registry pending outcome of this appeal. Section 73.071(3), Florida Statutes, F.S. A., provides that

Hibbard v. State Road Department

216 So. 2d 245, 1968 Fla. App. LEXIS 4688

District Court of Appeal of Florida | Filed: Dec 4, 1968 | Docket: 64507476

Published

true ownership of the property, as required by Section 73.071, Florida Statutes, F.S.A. The following year

Young v. Hillsborough County

206 So. 2d 405, 1968 Fla. App. LEXIS 6046

District Court of Appeal of Florida | Filed: Jan 17, 1968 | Docket: 64503825

Published

had not brought themselves within the purview of § 73.071, FlaStats., F.S.A., relating to damages in an

Caspersen v. West Coast Inland Navigation District

198 So. 2d 65, 1967 Fla. App. LEXIS 4735, 1967 A.M.C. 1121

District Court of Appeal of Florida | Filed: Apr 19, 1967 | Docket: 64500695

Published

against damage to adjoining and remaining land. Section 73.071(4), Florida Statutes, F.S.A., says: “When the

Tampa Suburban Utilities Corp. v. Hillsborough County Aviation Authority

195 So. 2d 568, 1967 Fla. App. LEXIS 5348

District Court of Appeal of Florida | Filed: Feb 8, 1967 | Docket: 64499938

Published

the business damage is within the scope of F.S. § 73.071(3) (b), F.S.A., formerly F.S. § 73.10(4), F.S