RI CS2 LLC v. STATE (2024)

District Court of Appeal of Florida, Fifth District.

RI CS2, LLC, Appellants, v. STATE of Florida Department of Transportation, Circle K Stores, Inc., and Ridge Manor Express, Appellees.

Case No. 5D23-1194

Decided: March 01, 2024

W. Campbell McLean, Kristie Hatcher-Bolin, and Rachel M. Crews, of Gray Robinson, P.A., Tampa, for Appellants. Lindsay Patrick Lopez, and Paul D. Bain, of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for Appellee, Circle K Stores, Inc. Marc Peoples, of the Department of Transportation, Tallahassee, for Appellee, State of Florida Department of Transportation. No Appearance for Remaining Appellee.

Landowner, RI CS2, LLC (“Appellant”), appeals the trial court's order granting apportionment of the statutory benefit fee awardable pursuant to section 73.092(1), Florida Statutes (2021), with tenant, Circle K Stores, Inc. While Appellant argues that the statute dictates that this fee is awardable solely to a landowner, this argument is foreclosed by the express terms of section 7 of the parties’ Stipulated Final Judgment, which stated that sums including the statutory benefit fee “are the contested settlement funds, which funds are subject to apportionment and shall remain in the Court registry until further Order of the Court.” (emphasis added.). Thus, the parties having stipulated in the judgment that the statutory benefit fee in this case is subject to apportionment, the trial court's order is affirmed.

Affirmed.

Per Curiam.

Edwards, C.J., Makar, and Kilbane, JJ., concur.

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