Senate Bill sb2300

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2300

    By Senator Bennett


  1                      A bill to be entitled

  2         An act relating to community redevelopment;

  3         amending s. 163.335, F.S.; revising legislative

  4         findings relating to eminent domain power;

  5         amending s. 163.340, F.S.; redefining the term

  6         "blighted area"; defining the term "economic

  7         distress"; amending s. 163.360, F.S.; revising

  8         provisions relating to land in a community

  9         redevelopment area which may not be acquired

10         unless it meets certain criteria; prohibiting

11         the compulsory acquisition of certain property

12         before the approval of a redevelopment plan;

13         amending s. 163.370, F.S.; conforming

14         provisions relating to the acquisition of

15         property before adoption of a redevelopment

16         plan; providing an effective date.


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


20         Section 1.  Section 163.335, Florida Statutes, is

21  amended to read:

22         163.335  Findings and declarations of necessity.--

23         (1)  It is hereby found and declared that there exist

24  in counties and municipalities of the state slum and blighted

25  areas which constitute a serious and growing menace, injurious

26  to the public health, safety, morals, and welfare of the

27  residents of the state; that the existence of such areas

28  contributes substantially and increasingly to the spread of

29  disease and crime, constitutes an economic and social

30  liability imposing onerous burdens which decrease the tax base

31  and reduce tax revenues, substantially impairs or arrests


CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1  sound growth, retards the provision of housing accommodations,

 2  aggravates traffic problems, and substantially hampers the

 3  elimination of traffic hazards and the improvement of traffic

 4  facilities; and that the prevention and elimination of slums

 5  and blight is a matter of state policy and state concern in

 6  order that the state and its counties and municipalities shall

 7  not continue to be endangered by areas which are focal centers

 8  of disease, promote juvenile delinquency, and consume an

 9  excessive proportion of its revenues because of the extra

10  services required for police, fire, accident, hospitalization,

11  and other forms of public protection, services, and

12  facilities.

13         (2)  It is further found and declared that certain slum

14  or blighted areas, or portions thereof, may require

15  acquisition, clearance, and disposition subject to use

16  restrictions, as provided in this part, since the prevailing

17  condition of decay may make impracticable the reclamation of

18  the area by conservation or rehabilitation; that other areas

19  or portions thereof may, through the means provided in this

20  part, be susceptible of conservation or rehabilitation in such

21  a manner that the conditions and evils enumerated may be

22  eliminated, remedied, or prevented; and that salvageable slum

23  and blighted areas can be conserved and rehabilitated through

24  appropriate public action as herein authorized and the

25  cooperation and voluntary action of the owners and tenants of

26  property in such areas.

27         (3)  It is further found and declared that the powers

28  conferred by this part are for public uses and purposes for

29  which public money may be expended and the power of eminent

30  domain and police power exercised, and the necessity in the

31  public interest for the provisions of this part, except


CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1  eminent domain provisions, herein enacted is hereby declared

 2  as a matter of legislative determination.

 3         (4)  It is further found that the exercise of eminent

 4  domain powers authorized in this part is for public use and

 5  purpose if done in strict compliance with this section.

 6         (5)(4)  It is further found that coastal resort and

 7  tourist areas or portions thereof which are deteriorating and

 8  economically distressed due to building density patterns,

 9  inadequate transportation and parking facilities, faulty lot

10  layout, or inadequate street layout, could, through the means

11  provided in this part, be revitalized and redeveloped in a

12  manner that will vastly improve the economic and social

13  conditions of the community.

14         (6)(5)  It is further found and declared that the

15  preservation or enhancement of the tax base from which a

16  taxing authority realizes tax revenues is essential to its

17  existence and financial health; that the preservation and

18  enhancement of such tax base is implicit in the purposes for

19  which a taxing authority is established; that tax increment

20  financing is an effective method of achieving such

21  preservation and enhancement in areas in which such tax base

22  is declining; that community redevelopment in such areas, when

23  complete, will enhance such tax base and provide increased tax

24  revenues to all affected taxing authorities, increasing their

25  ability to accomplish their other respective purposes; and

26  that the preservation and enhancement of the tax base in such

27  areas through tax increment financing and the levying of taxes

28  by such taxing authorities therefor and the appropriation of

29  funds to a redevelopment trust fund bears a substantial

30  relation to the purposes of such taxing authorities and is for

31  their respective purposes and concerns.  This subsection does


CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1  not apply in any jurisdiction where the community

 2  redevelopment agency validated bonds as of April 30, 1984.

 3  This section is not a legislative determination that

 4  preservation and enhancement of an authority's tax base is a

 5  valid public purpose authorizing the use of the eminent domain

 6  power.

 7         (7)(6)  It is further found and declared that there

 8  exists in counties and municipalities of the state a severe

 9  shortage of housing affordable to residents of low or moderate

10  income, including the elderly; that the existence of such

11  condition affects the health, safety, and welfare of the

12  residents of such counties and municipalities and retards

13  their growth and economic and social development; and that the

14  elimination or improvement of such condition is a proper

15  matter of state policy and state concern and is for a valid

16  and desirable public purpose.

17         Section 2.  Subsection (8) of section 163.340, Florida

18  Statutes, is amended and subsection (24) is added to that

19  section to read:

20         163.340  Definitions.--The following terms, wherever

21  used or referred to in this part, have the following meanings:

22         (8)  "Blighted area" means an area in which there are a

23  substantial number of deteriorated, or deteriorating

24  structures, in which area conditions, as indicated by

25  government-maintained statistics and or other studies, are

26  leading to economic distress or endanger life or property, and

27  in which two or more of the following factors are present:

28         (a)  Predominance of defective or inadequate street

29  layout, parking facilities, roadways, bridges, or public

30  transportation facilities, water services, or provisions for

31  sanitary waste transmission and disposal. To be deemed


CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1  defective or inadequate, the infrastructure element must

 2  substantially fail to achieve the purpose for which it was

 3  originally constructed. This paragraph may not serve as

 4  grounds for the exercise of eminent domain power unless there

 5  is a showing that rehabilitation and conservation efforts by

 6  the public entity charged with the maintenance of the

 7  infrastructure cannot reasonably be achieved;

 8         (b)  Aggregate assessed values of real property in the

 9  area for ad valorem tax purposes have failed to show any

10  appreciable increase over the 5 years prior to the finding of

11  such conditions;

12         (c)  Predominance of Faulty lot layout that conflicts

13  with the minimum lot standards in the applicable local

14  comprehensive plan or local building codes in relation to

15  size, adequacy, accessibility, or usefulness;

16         (d)  Predominance of unsanitary or unsafe conditions

17  reflected in recorded violation of health and safety laws;

18         (e)  Deterioration of site or other improvements;

19         (e)(f)  Existing Inadequate and outdated building

20  density patterns that conflict with applicable local

21  comprehensive plans on local building codes. This paragraph

22  may not serve as grounds for the exercise of eminent domain

23  power;

24         (f)(g)  Falling lease rates per square foot of office,

25  commercial, or industrial space compared to the remainder of

26  the county or municipality;

27         (g)(h)  Tax or special assessment delinquency exceeding

28  the fair value of the land;

29         (h)(i)  Residential and commercial vacancy rates higher

30  in the area than in the remainder of the county or

31  municipality;


CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1         (i)(j)  Incidence of crime in the area higher than in

 2  the remainder of the county or municipality;

 3         (j)(k)  Fire and emergency medical service calls to the

 4  area proportionately higher than in the remainder of the

 5  county or municipality;

 6         (k)(l)  A greater number of violations of the Florida

 7  Building Code in the area than the number of violations

 8  recorded in the remainder of the county or municipality;

 9         (l)(m)  Diversity of ownership or defective or unusual

10  conditions of title which prevent the free alienability of

11  land within the deteriorated or hazardous area; or

12         (m)(n)  Governmentally owned property with adverse

13  environmental conditions caused by a public or private entity.


15  However, the term "blighted area" for purposes of powers in

16  this part, except eminent domain, also means any area in which

17  at least one of the factors identified in paragraphs (a)

18  through (m) (n) are present and all taxing authorities subject

19  to s. 163.387(2)(a) agree, either by interlocal agreement or

20  agreements with the agency or by resolution, that the area is

21  blighted. Such agreement or resolution shall only determine

22  that the area is blighted. For purposes of qualifying for the

23  tax credits authorized in chapter 220, "blighted area" means

24  an area as defined in this subsection.

25         (24)  "Economic distress" means measurable financial

26  losses or impositions upon the public treasury

27  disproportionate to those found in other areas of the county

28  or municipality.

29         Section 3.  Subsections (8), (9), and (10) of section

30  163.360, Florida Statutes, are amended to read:

31         163.360  Community redevelopment plans.--


CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1         (8)  If the community redevelopment area consists of an

 2  area of open, unimproved land with no building structures to

 3  be acquired by the county or the municipality, such area may

 4  not be so acquired unless:

 5         (a)  In the event the area is to be developed in whole

 6  or in part for residential uses, the governing body

 7  determines:

 8         1.  That a shortage of housing of sound standards and

 9  design which is decent, safe, affordable to residents of low

10  or moderate income, including the elderly, and sanitary exists

11  in the county or municipality;

12         2.  That the need for housing accommodations has

13  increased in the area;

14         3.  That the conditions of blight in the area or the

15  shortage of decent, safe, affordable, and sanitary housing

16  cause or contribute to an increase in and spread of disease

17  and crime or constitute a menace to the public health, safety,

18  morals, or welfare; and

19         4.  That the acquisition of the area for residential

20  uses is an integral part of and is essential to the program of

21  the county or municipality.

22         (b)  In the event the area is to be developed in whole

23  or in part for nonresidential uses, the governing body

24  determines that:

25         1.  Such nonresidential uses are necessary and

26  appropriate to facilitate the proper growth and development of

27  the community in accordance with sound planning standards and

28  local community objectives.

29         2.  Acquisition may require the exercise of

30  governmental action, as provided in this part, because of:



CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1         a.  Defective, or unusual conditions of, title or

 2  diversity of ownership which prevents the free alienability of

 3  such land;

 4         b.  Tax delinquency;

 5         c.  Improper subdivisions;

 6         d.  Outmoded street patterns;

 7         e.  Deterioration of site;

 8         f.  Economic disuse;

 9         g.  Unsuitable topography or faulty lot layouts;

10         h.  Lack of correlation of the area with other areas of

11  a county or municipality by streets and modern traffic

12  requirements; or

13         i.  Any combination of such factors or other conditions

14  which retard development of the area.

15         3.  Conditions of blight in the area contribute to an

16  increase in and spread of disease and crime or constitute a

17  menace to public health, safety, morals, or welfare.

18         (9)  If the governing body finds that compulsory

19  acquisition of private property is necessary to achieve its

20  redevelopment goals, an eminent domain action may be

21  commenced, but only after the governing body approves a

22  redevelopment plan in accordance with this part which

23  identifies the property to be condemned.

24         (10)(9)  Upon the approval by the governing body of a

25  community redevelopment plan or of any modification thereof,

26  such plan or modification shall be deemed to be in full force

27  and effect for the respective community redevelopment area,

28  and the county or municipality may then cause the community

29  redevelopment agency to carry out such plan or modification in

30  accordance with its terms.



CODING: Words stricken are deletions; words underlined are additions.

    Florida Senate - 2005                                  SB 2300

 1         (11)(10)  Notwithstanding any other provisions of this

 2  part, when the governing body certifies that an area is in

 3  need of redevelopment or rehabilitation as a result of an

 4  emergency under s. 252.34(3), with respect to which the

 5  Governor has certified the need for emergency assistance under

 6  federal law, that area may be certified as a "blighted area,"

 7  and the governing body may approve a community redevelopment

 8  plan and community redevelopment with respect to such area

 9  without regard to the provisions of this section requiring a

10  general plan for the county or municipality and a public

11  hearing on the community redevelopment.

12         Section 4.  Paragraph (a) of subsection (3) of section

13  163.370, Florida Statutes, is amended to read:

14         163.370  Powers; counties and municipalities; community

15  redevelopment agencies.--

16         (3)  With the approval of the governing body, a

17  community redevelopment agency may:

18         (a)  Prior to approval of a community redevelopment

19  plan or approval of any modifications of the plan, acquire

20  real property in a community redevelopment area, demolish and

21  remove any structures on the property, and pay all costs

22  related to the acquisition, demolition, or removal, including

23  any administrative or relocation expenses. This paragraph

24  applies only to voluntary actions, not eminent domain

25  proceedings.

26         Section 5.  This act shall take effect July 1, 2005.


28            *****************************************

29                          SENATE SUMMARY

30    Revises provisions relating to community redevelopment
      and the use of eminent domain powers in such proceedings.
31    Limits the use of eminent domain powers. (See bill for

CODING: Words stricken are deletions; words underlined are additions.