Business Damages Against Local Government (SB 620)
This is the last week of Interim House/Senate Committee meetings before the 2022 Legislative Session officially convenes January 11, 2022. There is a bill relating to Business Damages that will be considered this week that is significant for cities. It is important city officials are aware of this bill and know that League staff is working to address municipal concerns with the bills.

No action is requested by members on this bill at this time. 
SB 620 | Business Damages Against Local Government - OPPOSED
SB 620 (Hutson) would authorize a business that has been in business for at least three years, in the State of Florida, to claim 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 percent of the business’ revenue or profit.

A local government is not liable for business damages caused by:

  1. Ordinances required to comply with state or federal law
  2. Emergency ordinances, declarations, or orders adopted pursuant to the state Emergency Management Act
  3. A temporary emergency ordinance; and ordinances that “increase economic freedom.”

The bill specifies procedures for claimants to recover business damages, attorney fees, and costs that are virtually identical to the process for recovery of business damages under Florida’s eminent domain statute. Timelines are provided for: the business to notify a local government of its claim; the local government to respond/make an offer to settle; and the business to proceed with a civil claim and jury trial.

Status: OPPOSE. SB 620 will be considered by the Senate Judiciary Committee on Tuesday, November 30. 
Action Requested by Members:
None at This Time
The FLC lobbying team is working to educate legislators on municipal concerns with SB 620 as drafted (click here for letter to Senate Judiciary Committee). Please speak to your staff and attorneys for a better understanding of the full impact of this bill.

Please contact Rebecca O'Hara at rohara@flcities.com with any questions.