Senate Bill sb0756c2

    Florida Senate - 2005                     CS for CS for SB 756

    By the Committees on Judiciary; Community Affairs; and Senator
    Margolis




    590-2348-05

  1                      A bill to be entitled

  2         An act relating to the exercise of eminent

  3         domain by municipalities; providing legislative

  4         intent; authorizing specified municipalities to

  5         exercise the power of eminent domain for public

  6         school purposes; providing for future

  7         expiration; providing an effective date.

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

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11         Section 1.  The Legislature recognizes that certain

12  counties that have large student populations may have

13  difficulties in obtaining suitable land for the establishment

14  of public schools to serve those student populations. The

15  intent of the Legislature is to authorize municipalities in

16  these counties to exercise the power of eminent domain to aid

17  the school districts in these counties in obtaining suitable

18  land to meet the needs of the districts' student population.

19         Section 2.  A municipality located within a county that

20  has a public school student population in grades K-12 of

21  350,000 or more before December 31, 2006, may exercise the

22  power of eminent domain for the purpose of obtaining lands to

23  be conveyed by the municipality to the school board of the

24  school district within which the municipality is located if

25  the school board of that county requests in writing that the

26  municipality obtain such land for conveyance to the school

27  board and promises to use the land to establish a public

28  school thereon.  Fulfilling the purpose of this section is

29  recognized as constituting a valid municipal public purpose.

30  This section expires January 1, 2007.  Such expiration does

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    Florida Senate - 2005                     CS for CS for SB 756
    590-2348-05




 1  not affect an action in eminent domain which was filed before

 2  January 1, 2007.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                       CS/Senate Bill 0756

 8                                 

 9  The committee substitute makes the following change to the
    underlying committee substitute:
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    --   Revises the criteria for a municipality to exercise the
11       power of eminent domain on behalf of a local school
         district, providing that to exercise the power created by
12       the act a municipality must be located in a county having
         a public school student population of at least 350,000.
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CODING: Words stricken are deletions; words underlined are additions.