Senate Bill 1230er

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    2000 Legislature                 CS for SB 1230, 1st Engrossed



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  2         An act relating to eminent domain; amending s.

  3         166.411, F.S.; authorizing municipalities to

  4         exercise the power of eminent domain for public

  5         school purposes; providing for repeal; amending

  6         s. 74.011, F.S.; including specified hospital

  7         districts within entities authorized to avail

  8         themselves of the provisions of ch. 74, F.S.,

  9         to take possession and title in advance of an

10         entry of final judgment in any eminent domain

11         action; providing for expiration of the

12         amendments to s. 74.011, F.S., by section 3 of

13         the act on July 1, 2003; providing effective

14         dates.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 166.411, Florida Statutes, is

19  amended to read:

20         166.411  Eminent domain; uses or

21  purposes.--Municipalities are authorized to exercise the power

22  of eminent domain for the following uses or purposes:

23         (1)  For the proper and efficient carrying into effect

24  of any proposed scheme or plan of drainage, ditching, grading,

25  filling, or other public improvement deemed necessary or

26  expedient for the preservation of the public health, or for

27  other good reason connected in anywise with the public welfare

28  or the interests of the municipality and the people thereof;

29         (2)  Over railroads, traction and streetcar lines,

30  telephone and telegraph lines, all public and private streets

31  and highways, drainage districts, bridge districts, school


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    2000 Legislature                 CS for SB 1230, 1st Engrossed



  1  districts, or any other public or private lands whatsoever

  2  necessary to enable the accomplishment of purposes listed in

  3  s. 180.06;

  4         (3)  For streets, lanes, alleys, and ways;

  5         (4)  For public parks, squares, and grounds;

  6         (5)  For drainage, for raising or filling in land in

  7  order to promote sanitation and healthfulness, and for the

  8  taking of easements for the drainage of the land of one person

  9  over and through the land of another;

10         (6)  For reclaiming and filling when lands are low and

11  wet, or overflowed altogether or at times, or entirely or

12  partly;

13         (7)  For the abatement of any nuisance;

14         (8)  For the use of water pipes and for sewerage and

15  drainage purposes;

16         (9)  For laying wires and conduits underground; and

17         (10)  For city buildings, waterworks, ponds, and other

18  municipal purposes which shall be coextensive with the powers

19  of the municipality exercising the right of eminent domain;

20  and.

21         (11)  For obtaining lands to be conveyed by the

22  municipality to the school board of the school district for

23  the county within which the municipality is located, if the

24  school board requests in writing that the municipality obtain

25  such lands for conveyance to the school board and promises to

26  use the land to establish a public school thereon. Fulfilling

27  the purpose of this subsection is recognized as constituting a

28  valid municipal public purpose.

29         Section 2.  Section 166.411(11), Florida Statutes, is

30  repealed January 1, 2003. Any eminent domain action that was

31  filed pursuant to section 166.411(11), Florida Statutes,


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    2000 Legislature                 CS for SB 1230, 1st Engrossed



  1  before January 1, 2003, shall not be affected by the repeal of

  2  section 166.411(11), Florida Statutes.

  3         Section 3.  (1)  Effective July 1, 2000, section

  4  74.011, Florida Statutes, is amended to read:

  5         74.011  Scope.--In any eminent domain action, properly

  6  instituted by and in the name of the state; the Department of

  7  Transportation; any county, school board, hospital district

  8  created by special act of the Legislature approved in 1951

  9  that is located in a county with a population in excess of 1

10  million, municipality, expressway authority, regional water

11  supply authority, transportation authority, flood control

12  district, or drainage or subdrainage district; the ship canal

13  authority; any lawfully constituted housing, port, or aviation

14  authority; the Spaceport Florida Authority; or any rural

15  electric cooperative, telephone cooperative corporation, or

16  public utility corporation, the petitioner may avail itself of

17  the provisions of this chapter to take possession and title in

18  advance of the entry of final judgment.

19         (2)  The amendment of section 74.011, Florida Statutes,

20  by this section shall expire on July 1, 2003, and the text of

21  said section shall revert to that in existence on June 30,

22  2000, except that any amendments to such text enacted other

23  than by this act shall be preserved and continue to operate to

24  the extent that such amendments are not dependent upon the

25  portions of said text which expire pursuant to the provisions

26  of this act. The Division of Statutory Revision of the Office

27  of Legislative Services shall include in an appropriate

28  reviser's bill any amendments to said section which are

29  necessary to give effect to the legislative intent expressed

30  in this section.

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    2000 Legislature                 CS for SB 1230, 1st Engrossed



  1         Section 4.  Except as otherwise provided herein, this

  2  act shall take effect upon becoming a law.

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