Page 97 - Akerman | 2016 Guide to Doing Business in Florida

9.9.6 Private Property Rights Protection Act

The Bert J. Harris, Jr., Private Property Rights Protection Act, Florida Statutes § 70.001,
provides property owners compensation as a result of new government regulations that
inordinately burden the existing property rights. Claims must be filed within one year from the
application of the regulation to the property with the governmental entity which then has 180
days to respond prior to a lawsuit being filed by the property owner.
9.9.7 Business Damage Claims

In partial takings for right-of-way only, Florida Statutes provide for compensation for business
damages. Business damage claims are covered by Chapter 73. Claims for business
damages must be made within 180 days of receipt by the business owner of the notice
required by Florida Statutes § 73.015(2)(a). The claim must be filed in writing by the business
owner, a certified public accountant or an expert in business damage claims and must be
accompanied by business records that support the claim. The business records supporting
the claim are exempt from disclosure under Florida’s open public records statutes under two
circumstances: (a) disclosure of the documents would cause the business owner substantial
damage to its competitive status in the market and (b) the business owner must request the
exemption.

9.9.8 Income Taxes
Acquisition of private property by a governmental entity through condemnation is an exchange
and is a taxable event. While losses must be recognized immediately, gains may be deferred
under some circumstances.

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