Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB for 2168
                        Barcode 081938
                            CHAMBER ACTION
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       05/02/2006 04:24 PM         .                    
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11  Senator Webster moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 73.013, Florida Statutes, is
18  created to read:
19         73.013  Conveyance of property taken by eminent domain;
20  preservation of government entity communications services
21  eminent domain limitation; exception to restrictions on power
22  of eminent domain.--
23         (1)  Notwithstanding any other provision of law,
24  including any charter provision, ordinance, statute, or
25  special law, if the state, any political subdivision as
26  defined in s. 1.01(8), or any other entity to which the power
27  of eminent domain is delegated files a petition of
28  condemnation on or after the effective date of this section
29  regarding a parcel of real property in this state, ownership
30  or control of property acquired pursuant to such petition may
31  not be conveyed by the condemning authority or any other
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 entity to a natural person or private entity, by lease or 2 otherwise, except that ownership or control of property 3 acquired pursuant to such petition may be conveyed, by lease 4 or otherwise, to a natural person or private entity: 5 (a) For use in providing common-carrier services or 6 systems; 7 (b)1. For use as a road or other right-of-way or means 8 that is open to the public for transportation, whether at no 9 charge or by toll; 10 2. For use in the provision of transportation-related 11 services, business opportunities, and products pursuant to s. 12 338.234, on a toll road; 13 (c) That is a public or private utility for use in 14 providing electricity services or systems, natural or 15 manufactured gas services or systems, water and wastewater 16 services or systems, stormwater or runoff services or systems, 17 sewer services or systems, pipeline facilities, telephone 18 services or systems, or similar services or systems; 19 (d) For use in providing public infrastructure; 20 (e) That occupies, pursuant to a lease, an incidental 21 part of a public property or a public facility for the purpose 22 of providing goods or services to the public; 23 (f) Without restriction, after public notice and 24 competitive bidding unless otherwise provided by general law, 25 if less than 10 years have elapsed since the condemning 26 authority acquired title to the property and the following 27 conditions are met: 28 1. The condemning authority or governmental entity 29 holding title to the property documents that the property is 30 no longer needed for the use or purpose for which it was 31 acquired by the condemning authority or for which it was 2 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 transferred to the current titleholder; and 2 2. The owner from whom the property was taken by 3 eminent domain is given the opportunity to repurchase the 4 property at the price that he or she received from the 5 condemning authority; 6 (g) After public notice and competitive bidding unless 7 otherwise provided by general law, if the property was owned 8 and controlled by the condemning authority or a governmental 9 entity for at least 10 years after the condemning authority 10 acquired title to the property; or 11 (h) In accordance with subsection (2). 12 (2)(a) If ownership of property is conveyed to a 13 natural person or private entity pursuant to paragraph (1)(a), 14 paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or 15 paragraph (1)(e), and at least 10 years have elapsed since the 16 condemning authority acquired title to the property, the 17 property may subsequently be transferred, after public notice 18 and competitive bidding unless otherwise provided by general 19 law, to another natural person or private entity without 20 restriction. 21 (b) If ownership of property is conveyed to a natural 22 person or private entity pursuant to paragraph (1)(a), 23 paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or 24 paragraph (1)(e), and less than 10 years have elapsed since 25 the condemning authority acquired title to the property, the 26 property may be transferred, after public notice and 27 competitive bidding unless otherwise provided by general law, 28 to another natural person or private entity without 29 restriction, if the following conditions are met: 30 1. The current titleholder documents that the property 31 is no longer needed for the use or purpose for which the 3 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 property was transferred to the current titleholder; and 2 2. The owner from whom the property was taken by 3 eminent domain is given the opportunity to repurchase the 4 property at the price that he or she received from the 5 condemning authority. 6 (3) This section does not affect the limitation on a 7 government entity's powers of eminent domain contained in s. 8 350.81(2)(j). 9 Section 2. Section 73.014, Florida Statutes, is 10 created to read: 11 73.014 Taking property to eliminate nuisance, slum, or 12 blight conditions prohibited.-- 13 (1) Notwithstanding any other provision of law, 14 including any charter provision, ordinance, statute, or 15 special law, the state, any political subdivision as defined 16 in s. 1.01(8), or any other entity to which the power of 17 eminent domain is delegated may not exercise the power of 18 eminent domain to take private property for the purpose of 19 abating or eliminating a public nuisance. Notwithstanding any 20 other provision of law, including any charter provision, 21 ordinance, statute, or special law, abating or eliminating a 22 public nuisance is not a valid public purpose or use for which 23 private property may be taken by eminent domain and does not 24 satisfy the public-purpose requirement of s. 6(a), Art. X of 25 the State Constitution. This subsection does not diminish the 26 power of counties or municipalities to adopt or enforce county 27 or municipal ordinances related to code enforcement or the 28 elimination of public nuisances to the extent such ordinances 29 do not authorize the taking of private property by eminent 30 domain. 31 (2) Notwithstanding any other provision of law, 4 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 including any charter provision, ordinance, statute, or 2 special law, the state, any political subdivision as defined 3 in s. 1.01(8), or any other entity to which the power of 4 eminent domain is delegated may not exercise the power of 5 eminent domain to take private property for the purpose of 6 preventing or eliminating slum or blight conditions. 7 Notwithstanding any other provision of law, including any 8 charter provision, ordinance, statute, or special law, taking 9 private property for the purpose of preventing or eliminating 10 slum or blight conditions is not a valid public purpose or use 11 for which private property may be taken by eminent domain and 12 does not satisfy the public-purpose requirement of s. 6(a), 13 Art. X of the State Constitution. 14 Section 3. Section 73.021, Florida Statutes, is 15 amended to read: 16 73.021 Petition; contents.--Those having the right to 17 exercise the power of eminent domain may file a petition 18 therefor in the circuit court of the county wherein the 19 property lies, which petition shall set forth: 20 (1) The authority under which and the public use or 21 purpose for which the property is to be acquired, and that the 22 property is necessary for that public use or purpose; 23 (2) A description identifying the property sought to 24 be acquired. The petitioners may join in the same action all 25 properties involved in a planned project whether in the same 26 or different ownership, or whether or not the property is 27 sought for the same use; 28 (3) The estate or interest in the property which the 29 petitioner intends to acquire; 30 (4) The names, places of residence, legal 31 disabilities, if any, and interests in the property of all 5 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 owners, lessees, mortgagees, judgment creditors, and 2 lienholders, so far as ascertainable by diligent search, and 3 all unknown persons having an interest in the property when 4 the petitioner has been unable to ascertain the identity of 5 such persons by diligent search and inquiry. If any interest 6 in the property, or lien thereon, belongs to the unsettled 7 estate of a decedent, the executor or administrator shall be 8 made a defendant without joining the devisee or heir; if a 9 trust estate, the trustee shall be made a defendant without 10 joining the cestui que trust. The court may appoint an 11 administrator ad litem to represent the estate of a deceased 12 person whose estate is not being administered, and a guardian 13 ad litem for all defendants who are infants or are under other 14 legal disabilities; and for defendants whose names or 15 addresses are unknown. A copy of the order of appointment 16 shall be served on the guardian ad litem at least 10 days 17 before trial unless he or she has entered an appearance; 18 (5) Whether any mobile home is located on the property 19 sought to be acquired and, if so, whether the removal of that 20 mobile home will be required. If such removal shall be 21 required, the petition shall name the owners of each such 22 mobile home as defendants. This subsection shall not apply to 23 any governmental authority exercising its power of eminent 24 domain when reasonable relocation or removal expenses must be 25 paid to mobile home owners under other provisions of law or 26 agency rule applicable to such exercise of power;. 27 (6) A statement that the petitioner has surveyed and 28 located its line or area of construction, and intends in good 29 faith to construct the project on or over the described 30 property; and 31 (7) A demand for relief that the property be condemned 6 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 and taken for the uses and purposes set forth in the petition, 2 and that the interest sought be vested in the petitioner. 3 Section 4. Section 127.01, Florida Statutes, is 4 amended to read: 5 127.01 Counties delegated power of eminent domain; 6 recreational purposes, issue of necessity of taking; 7 compliance with limitations.-- 8 (1)(a) Each county of the state is delegated authority 9 to exercise the right and power of eminent domain; that is, 10 the right to appropriate property, except state or federal, 11 for any county purpose. The absolute fee simple title to all 12 property so taken and acquired shall vest in such county 13 unless the county seeks to condemn a particular right or 14 estate in such property. 15 (b) Each county is further authorized to exercise the 16 eminent domain power granted to the Department of 17 Transportation by s. 337.27(1), the transportation corridor 18 protection provisions of s. 337.273, and the right of entry 19 onto property pursuant to s. 337.274. 20 (2) However, no county has the right to condemn any 21 lands outside its own county boundaries for parks, 22 playgrounds, recreational centers, or other recreational 23 purposes. In eminent domain proceedings, a county's burden of 24 showing reasonable necessity for parks, playgrounds, 25 recreational centers, or other types of recreational purposes 26 shall be the same as the burden in other types of eminent 27 domain proceedings. 28 (3) A county shall strictly comply with the 29 limitations set forth in ss. 73.013 and 73.014. 30 Section 5. Section 127.02, Florida Statutes, is 31 amended to read: 7 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 127.02 County commissioners may authorize acquirement 2 of property by eminent domain.--The board of county 3 commissioners may not exercise its power of eminent domain 4 unless the board adopts a resolution authorizing the 5 acquisition, by resolution, authorize the acquirement by 6 eminent domain of a property, real or personal, by eminent 7 domain for any county use or purpose designated in such 8 resolution, subject to the limitations set forth in ss. 73.013 9 and 73.014. 10 Section 6. Subsection (3) of section 163.335, Florida 11 Statutes, is amended, and subsection (7) is added to that 12 section, to read: 13 163.335 Findings and declarations of necessity.-- 14 (3) It is further found and declared that the powers 15 conferred by this part are for public uses and purposes for 16 which public money may be expended and the power of eminent 17 domain and police power exercised, and the necessity in the 18 public interest for the provisions herein enacted is hereby 19 declared as a matter of legislative determination. 20 (7) It is further found and declared that the 21 prevention or elimination of a slum area or blighted area as 22 defined in this part and the preservation or enhancement of 23 the tax base are not public uses or purposes for which private 24 property may be taken by eminent domain and do not satisfy the 25 public-purpose requirement of s. 6(a), Art. X of the State 26 Constitution. 27 Section 7. Subsection (12) of section 163.340, Florida 28 Statutes, is amended to read: 29 163.340 Definitions.--The following terms, wherever 30 used or referred to in this part, have the following meanings: 31 (12) "Related activities" means: 8 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 (a) Planning work for the preparation of a general 2 neighborhood redevelopment plan or for the preparation or 3 completion of a communitywide plan or program pursuant to s. 4 163.365. 5 (b) The functions related to the acquisition and 6 disposal of real property pursuant to s. 163.370(4) s. 7 163.370(3). 8 (c) The development of affordable housing for 9 residents of the area. 10 (d) The development of community policing innovations. 11 Section 8. Subsection (1) of section 163.345, Florida 12 Statutes, is amended to read: 13 163.345 Encouragement of private enterprise.-- 14 (1) Any county or municipality, to the greatest extent 15 it determines to be feasible in carrying out the provisions of 16 this part, shall afford maximum opportunity, consistent with 17 the sound needs of the county or municipality as a whole, to 18 the rehabilitation or redevelopment of the community 19 redevelopment area by private enterprise. Any county or 20 municipality shall give consideration to this objective in 21 exercising its powers under this part, including the 22 formulation of a workable program; the approval of community 23 redevelopment plans, communitywide plans or programs for 24 community redevelopment, and general neighborhood 25 redevelopment plans (consistent with the general plan of the 26 county or municipality); the development and implementation of 27 community policing innovations; the exercise of its zoning 28 powers; the enforcement of other laws, codes, and regulations 29 relating to the use of land and the use and occupancy of 30 buildings and improvements; the development of affordable 31 housing; the disposition of any property acquired, subject to 9 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 the limitations of s. 73.013; and the provision of necessary 2 public improvements. 3 Section 9. Section 163.358, Florida Statutes, is 4 amended to read: 5 163.358 Exercise of powers in carrying out community 6 redevelopment and related activities.--Each county and 7 municipality has all powers necessary or convenient to carry 8 out and effectuate the purposes and provisions of this part, 9 including those powers granted under s. 163.370. A county or 10 municipality may delegate such powers to a community 11 redevelopment agency, created under s. 163.356, The community 12 redevelopment powers assigned to a community redevelopment 13 agency created under s. 163.356 include all the powers 14 necessary or convenient to carry out and effectuate the 15 purposes and provisions of this part, except the following, 16 which continue to vest in the governing body of the county or 17 municipality: 18 (1) The power to determine an area to be a slum or 19 blighted area, or combination thereof; to designate such area 20 as appropriate for community redevelopment; and to hold any 21 public hearings required with respect thereto. 22 (2) The power to grant final approval to community 23 redevelopment plans and modifications thereof. 24 (3) The power to authorize the issuance of revenue 25 bonds as set forth in s. 163.385. 26 (4) The power to approve the acquisition, demolition, 27 removal, or disposal of property as provided in s. 163.370(4) 28 s. 163.370(3) and the power to assume the responsibility to 29 bear loss as provided in s. 163.370(4) s. 163.370(3). 30 (5) The power to approve the development of community 31 policing innovations. 10 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 (6) The power of eminent domain. 2 Section 10. Section 163.370, Florida Statutes, is 3 amended to read: 4 163.370 Powers; counties and municipalities; community 5 redevelopment agencies.-- 6 (1) Counties and municipalities may not exercise the 7 power of eminent domain for the purpose of preventing or 8 eliminating a slum area or blighted area as defined in this 9 part; however, counties and municipalities may acquire 10 property by eminent domain within a community redevelopment 11 area, subject to the limitations set forth in ss. 73.013 and 12 73.014 or other general law. 13 (2)(1) Every county and municipality shall have all 14 the powers necessary or convenient to carry out and effectuate 15 the purposes and provisions of this part, including the 16 following powers in addition to others herein granted: 17 (a) To make and execute contracts and other 18 instruments necessary or convenient to the exercise of its 19 powers under this part.; 20 (b) To disseminate slum clearance and community 21 redevelopment information.; 22 (c) To undertake and carry out community redevelopment 23 and related activities within the community redevelopment 24 area, which redevelopment may include: 25 1. Acquisition of property within a slum area or a 26 blighted area by purchase, lease, option, gift, grant, 27 bequest, devise, or other voluntary method of acquisition or 28 portion thereof. 29 2. Demolition and removal of buildings and 30 improvements. 31 3. Installation, construction, or reconstruction of 11 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 streets, utilities, parks, playgrounds, public areas of major 2 hotels that are constructed in support of convention centers, 3 including meeting rooms, banquet facilities, parking garages, 4 lobbies, and passageways, and other improvements necessary for 5 carrying out in the community redevelopment area the community 6 redevelopment objectives of this part in accordance with the 7 community redevelopment plan. 8 4. Disposition of any property acquired in the 9 community redevelopment area at its fair value for uses in 10 accordance with the community redevelopment plan. 11 5. Carrying out plans for a program of voluntary or 12 compulsory repair and rehabilitation of buildings or other 13 improvements in accordance with the community redevelopment 14 plan. 15 6. Acquisition by purchase, lease, option, gift, 16 grant, bequest, devise, or other voluntary method of 17 acquisition of real property in the community redevelopment 18 area which, under the community redevelopment plan, is to be 19 repaired or rehabilitated for dwelling use or related 20 facilities, repair or rehabilitation of the structures for 21 guidance purposes, and resale of the property. 22 7. Acquisition by purchase, lease, option, gift, 23 grant, bequest, devise, or other voluntary method of 24 acquisition of any other real property in the community 25 redevelopment area when necessary to eliminate unhealthful, 26 unsanitary, or unsafe conditions; lessen density; eliminate 27 obsolete or other uses detrimental to the public welfare; or 28 otherwise to remove or prevent the spread of blight or 29 deterioration or to provide land for needed public facilities. 30 8. Acquisition, without regard to any requirement that 31 the area be a slum or blighted area, of air rights in an area 12 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 consisting principally of land in highways, railway or subway 2 tracks, bridge or tunnel entrances, or other similar 3 facilities which have a blighting influence on the surrounding 4 area and over which air rights sites are to be developed for 5 the elimination of such blighting influences and for the 6 provision of housing (and related facilities and uses) 7 designed specifically for, and limited to, families and 8 individuals of low or moderate income. 9 9. Acquisition by purchase, lease, option, gift, 10 grant, bequest, devise, or other voluntary method of 11 acquisition of property in unincorporated enclaves surrounded 12 by the boundaries of a community redevelopment area when it is 13 determined necessary by the agency to accomplish the community 14 redevelopment plan. 15 10.9. Construction of foundations and platforms 16 necessary for the provision of air rights sites of housing 17 (and related facilities and uses) designed specifically for, 18 and limited to, families and individuals of low or moderate 19 income. 20 (d) To provide, or to arrange or contract for, the 21 furnishing or repair by any person or agency, public or 22 private, of services, privileges, works, streets, roads, 23 public utilities, or other facilities for or in connection 24 with a community redevelopment; to install, construct, and 25 reconstruct streets, utilities, parks, playgrounds, and other 26 public improvements; and to agree to any conditions that it 27 deems reasonable and appropriate which are attached to federal 28 financial assistance and imposed pursuant to federal law 29 relating to the determination of prevailing salaries or wages 30 or compliance with labor standards, in the undertaking or 31 carrying out of a community redevelopment and related 13 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 activities, and to include in any contract let in connection 2 with such redevelopment and related activities provisions to 3 fulfill such of the conditions as it deems reasonable and 4 appropriate. 5 (e) Within the community redevelopment area: 6 1. To enter into any building or property in any 7 community redevelopment area in order to make inspections, 8 surveys, appraisals, soundings, or test borings and to obtain 9 an order for this purpose from a court of competent 10 jurisdiction in the event entry is denied or resisted. 11 2. To acquire by purchase, lease, option, gift, grant, 12 bequest, devise, or other voluntary method of acquisition, 13 eminent domain, or otherwise any real property (or personal 14 property for its administrative purposes), together with any 15 improvements thereon; except that a community redevelopment 16 agency may not exercise any power of eminent domain unless the 17 exercise has been specifically approved by the governing body 18 of the county or municipality which established the agency. 19 3. To hold, improve, clear, or prepare for 20 redevelopment any such property. 21 4. To mortgage, pledge, hypothecate, or otherwise 22 encumber or dispose of any real property. 23 5. To insure or provide for the insurance of any real 24 or personal property or operations of the county or 25 municipality against any risks or hazards, including the power 26 to pay premiums on any such insurance. 27 6. To enter into any contracts necessary to effectuate 28 the purposes of this part. 29 7. To solicit requests for proposals for redevelopment 30 of parcels of real property contemplated by a community 31 redevelopment plan to be acquired for redevelopment purposes 14 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 by a community redevelopment agency and, as a result of such 2 requests for proposals, to advertise for the disposition of 3 such real property to private persons pursuant to s. 163.380 4 prior to acquisition of such real property by the community 5 redevelopment agency. 6 (f) To invest any community redevelopment funds held 7 in reserves or sinking funds or any such funds not required 8 for immediate disbursement in property or securities in which 9 savings banks may legally invest funds subject to their 10 control and to redeem such bonds as have been issued pursuant 11 to s. 163.385 at the redemption price established therein or 12 to purchase such bonds at less than redemption price, all such 13 bonds so redeemed or purchased to be canceled. 14 (g) To borrow money and to apply for and accept 15 advances, loans, grants, contributions, and any other form of 16 financial assistance from the Federal Government or the state, 17 county, or other public body or from any sources, public or 18 private, for the purposes of this part and to give such 19 security as may be required and to enter into and carry out 20 contracts or agreements in connection therewith; and to 21 include in any contract for financial assistance with the 22 Federal Government for or with respect to community 23 redevelopment and related activities such conditions imposed 24 pursuant to federal laws as the county or municipality deems 25 reasonable and appropriate which are not inconsistent with the 26 purposes of this part. 27 (h) Within its area of operation, to make or have made 28 all surveys and plans necessary to the carrying out of the 29 purposes of this part; to contract with any person, public or 30 private, in making and carrying out such plans; and to adopt 31 or approve, modify, and amend such plans, which plans may 15 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 include, but are not limited to: 2 1. Plans for carrying out a program of voluntary or 3 compulsory repair and rehabilitation of buildings and 4 improvements. 5 2. Plans for the enforcement of state and local laws, 6 codes, and regulations relating to the use of land and the use 7 and occupancy of buildings and improvements and to the 8 compulsory repair, rehabilitation, demolition, or removal of 9 buildings and improvements. 10 3. Appraisals, title searches, surveys, studies, and 11 other plans and work necessary to prepare for the undertaking 12 of community redevelopment and related activities. 13 (i) To develop, test, and report methods and 14 techniques, and carry out demonstrations and other activities, 15 for the prevention and the elimination of slums and urban 16 blight and developing and demonstrating new or improved means 17 of providing housing for families and persons of low income. 18 (j) To apply for, accept, and utilize grants of funds 19 from the Federal Government for such purposes. 20 (k) To prepare plans for and assist in the relocation 21 of persons (including individuals, families, business 22 concerns, nonprofit organizations, and others) displaced from 23 a community redevelopment area and to make relocation payments 24 to or with respect to such persons for moving expenses and 25 losses of property for which reimbursement or compensation is 26 not otherwise made, including the making of such payments 27 financed by the Federal Government. 28 (l) To appropriate such funds and make such 29 expenditures as are necessary to carry out the purposes of 30 this part; to zone or rezone any part of the county or 31 municipality or make exceptions from building regulations; and 16 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 to enter into agreements with a housing authority, which 2 agreements may extend over any period, notwithstanding any 3 provision or rule of law to the contrary, respecting action to 4 be taken by such county or municipality pursuant to any of the 5 powers granted by this part. 6 (m) To close, vacate, plan, or replan streets, roads, 7 sidewalks, ways, or other places and to plan or replan any 8 part of the county or municipality. 9 (n) Within its area of operation, to organize, 10 coordinate, and direct the administration of the provisions of 11 this part, as they may apply to such county or municipality, 12 in order that the objective of remedying slum and blighted 13 areas and preventing the causes thereof within such county or 14 municipality may be most effectively promoted and achieved and 15 to establish such new office or offices of the county or 16 municipality or to reorganize existing offices in order to 17 carry out such purpose most effectively. 18 (o) To exercise all or any part or combination of 19 powers herein granted or to elect to have such powers 20 exercised by a community redevelopment agency. 21 (o)(p) To develop and implement community policing 22 innovations. 23 (3)(2) The following projects may not be paid for or 24 financed by increment revenues: 25 (a) Construction or expansion of administrative 26 buildings for public bodies or police and fire buildings, 27 unless each taxing authority agrees to such method of 28 financing for the construction or expansion, or unless the 29 construction or expansion is contemplated as part of a 30 community policing innovation. 31 (b) Installation, construction, reconstruction, 17 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 repair, or alteration of any publicly owned capital 2 improvements or projects which are not an integral part of or 3 necessary for carrying out the community redevelopment plan if 4 such projects or improvements are normally financed by the 5 governing body with user fees or if such projects or 6 improvements would be installed, constructed, reconstructed, 7 repaired, or altered within 3 years of the approval of the 8 community redevelopment plan by the governing body pursuant to 9 a previously approved public capital improvement or project 10 schedule or plan of the governing body which approved the 11 community redevelopment plan. 12 (c) General government operating expenses unrelated to 13 the planning and carrying out of a community redevelopment 14 plan. 15 (4)(3) With the approval of the governing body, a 16 community redevelopment agency may: 17 (a) Prior to approval of a community redevelopment 18 plan or approval of any modifications of the plan, acquire 19 real property in a community redevelopment area by purchase, 20 lease, option, gift, grant, bequest, devise, or other 21 voluntary method of acquisition, demolish and remove any 22 structures on the property, and pay all costs related to the 23 acquisition, demolition, or removal, including any 24 administrative or relocation expenses. 25 (b) Assume the responsibility to bear any loss that 26 may arise as the result of the exercise of authority under 27 this subsection, in the event that the real property is not 28 made part of the community redevelopment area. 29 Section 11. Section 163.375, Florida Statutes, is 30 repealed. 31 Section 12. Section 163.380, Florida Statutes, is 18 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 amended to read: 2 163.380 Disposal of property in community 3 redevelopment area.--The disposal of property in a community 4 redevelopment area which is acquired by eminent domain is 5 subject to the limitations set forth in s. 73.013. 6 (1) Any county, municipality, or community 7 redevelopment agency may sell, lease, dispose of, or otherwise 8 transfer real property or any interest therein acquired by it 9 for community redevelopment in a community redevelopment area 10 to any private person, or may retain such property for public 11 use, and may enter into contracts with respect thereto for 12 residential, recreational, commercial, industrial, 13 educational, or other uses, in accordance with the community 14 redevelopment plan, subject to such covenants, conditions, and 15 restrictions, including covenants running with the land, as it 16 deems necessary or desirable to assist in preventing the 17 development or spread of future slums or blighted areas or to 18 otherwise carry out the purposes of this part. However, such 19 sale, lease, other transfer, or retention, and any agreement 20 relating thereto, may be made only after the approval of the 21 community redevelopment plan by the governing body. The 22 purchasers or lessees and their successors and assigns shall 23 be obligated to devote such real property only to the uses 24 specified in the community redevelopment plan and may be 25 obligated to comply with such other requirements as the 26 county, municipality, or community redevelopment agency may 27 determine to be in the public interest, including the 28 obligation to begin any improvements on such real property 29 required by the community redevelopment plan within a 30 reasonable time. 31 (2) Such real property or interest shall be sold, 19 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 leased, otherwise transferred, or retained at a value 2 determined to be in the public interest for uses in accordance 3 with the community redevelopment plan and in accordance with 4 such reasonable disposal procedures as any county, 5 municipality, or community redevelopment agency may prescribe. 6 In determining the value of real property as being in the 7 public interest for uses in accordance with the community 8 redevelopment plan, the county, municipality, or community 9 redevelopment agency shall take into account and give 10 consideration to the long-term benefits to be achieved by the 11 county, municipality, or community redevelopment agency 12 resulting from incurring short-term losses or costs in the 13 disposal of such real property; the uses provided in such 14 plan; the restrictions upon, and the covenants, conditions, 15 and obligations assumed by, the purchaser or lessee or by the 16 county, municipality, or community redevelopment agency 17 retaining the property; and the objectives of such plan for 18 the prevention of the recurrence of slum or blighted areas. In 19 the event the value of such real property being disposed of is 20 for less than the fair value, such disposition shall require 21 the approval of the governing body, which approval may only be 22 given following a duly noticed public hearing. The county, 23 municipality, or community redevelopment agency may provide in 24 any instrument of conveyance to a private purchaser or lessee 25 that such purchaser or lessee is without power to sell, lease, 26 or otherwise transfer the real property without the prior 27 written consent of the county, municipality, or community 28 redevelopment agency until the purchaser or lessee has 29 completed the construction of any or all improvements which he 30 or she has obligated himself or herself to construct thereon. 31 Real property acquired by the county, municipality, or 20 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 community redevelopment agency which, in accordance with the 2 provisions of the community redevelopment plan, is to be 3 transferred shall be transferred as rapidly as feasible in the 4 public interest, consistent with the carrying out of the 5 provisions of the community redevelopment plan. Any contract 6 for such transfer and the community redevelopment plan, or 7 such part or parts of such contract or plan as the county, 8 municipality, or community redevelopment agency may determine, 9 may be recorded in the land records of the clerk of the 10 circuit court in such manner as to afford actual or 11 constructive notice thereof. 12 (3)(a) Prior to disposition of any real property or 13 interest therein in a community redevelopment area, any 14 county, municipality, or community redevelopment agency shall 15 give public notice of such disposition by publication in a 16 newspaper having a general circulation in the community, at 17 least 30 days prior to the execution of any contract to sell, 18 lease, or otherwise transfer real property and, prior to the 19 delivery of any instrument of conveyance with respect thereto 20 under the provisions of this section, invite proposals from, 21 and make all pertinent information available to, private 22 redevelopers or any persons interested in undertaking to 23 redevelop or rehabilitate a community redevelopment area or 24 any part thereof. Such notice shall identify the area or 25 portion thereof and shall state that proposals must be made by 26 those interested within 30 days after the date of publication 27 of the notice and that such further information as is 28 available may be obtained at such office as is designated in 29 the notice. The county, municipality, or community 30 redevelopment agency shall consider all such redevelopment or 31 rehabilitation proposals and the financial and legal ability 21 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 of the persons making such proposals to carry them out; and 2 the county, municipality, or community redevelopment agency 3 may negotiate with any persons for proposals for the purchase, 4 lease, or other transfer of any real property acquired by it 5 in the community redevelopment area. The county, municipality, 6 or community redevelopment agency may accept such proposal as 7 it deems to be in the public interest and in furtherance of 8 the purposes of this part. Except in the case of a governing 9 body acting as the agency, as provided in s. 163.357, a 10 notification of intention to accept such proposal must be 11 filed with the governing body not less than 30 days prior to 12 any such acceptance. Thereafter, the county, municipality, or 13 community redevelopment agency may execute such contract in 14 accordance with the provisions of subsection (1) and deliver 15 deeds, leases, and other instruments and take all steps 16 necessary to effectuate such contract. 17 (b) Any county, municipality, or community 18 redevelopment agency that, pursuant to the provisions of this 19 section, has disposed of a real property project with a land 20 area in excess of 20 acres may acquire an expanded area that 21 is immediately adjacent to the original project and less than 22 35 percent of the land area of the original project, by 23 purchase or eminent domain as provided in this chapter, and 24 negotiate a disposition of such expanded area directly with 25 the person who acquired the original project without complying 26 with the disposition procedures established in paragraph (a), 27 provided the county, municipality, or community redevelopment 28 agency adopts a resolution making the following findings: 29 1. It is in the public interest to expand such real 30 property project to an immediately adjacent area. 31 2. The expanded area is less than 35 percent of the 22 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 land area of the original project. 2 3. The expanded area is entirely within the boundary 3 of the community redevelopment area. 4 (4) Any county, municipality, or community 5 redevelopment agency may temporarily operate and maintain real 6 property acquired by it in a community redevelopment area for 7 or in connection with a community redevelopment plan pending 8 the disposition of the property as authorized in this part, 9 without regard to the provisions of subsection (1), for such 10 uses and purposes as may be deemed desirable, even though not 11 in conformity with the community redevelopment plan. 12 (5) If any conflict exists between the provisions of 13 this section and s. 159.61, the provisions of this section 14 govern and supersede those of s. 159.61. 15 (6) Notwithstanding any provision of this section, if 16 a community redevelopment area is established by the governing 17 body for the redevelopment of property located on a closed 18 military base within the governing body's boundaries, the 19 procedures for disposition of real property within that 20 community redevelopment area shall be prescribed by the 21 governing body, and compliance with the other provisions of 22 this section shall not be required prior to the disposal of 23 real property. 24 Section 13. Section 166.401, Florida Statutes, is 25 amended to read: 26 166.401 Right of eminent domain; procedure; compliance 27 with limitations.-- 28 (1) All municipalities in the state may exercise the 29 right and power of eminent domain; that is, the right to 30 appropriate property within the state, except state or federal 31 property, for the uses or purposes authorized pursuant to this 23 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 part. The absolute fee simple title to all property so taken 2 and acquired shall vest in such municipal corporation unless 3 the municipality seeks to condemn a particular right or estate 4 in such property. 5 (2) Each municipality is further authorized to 6 exercise the eminent domain power granted to the Department of 7 Transportation in s. 337.27(1) and the transportation corridor 8 protection provisions of s. 337.273. 9 (3) The local governing body of a municipality may not 10 exercise its power of eminent domain unless the governing body 11 adopts a resolution authorizing the acquisition of a property, 12 real or personal, by eminent domain for any municipal use or 13 purpose designated in such resolution. 14 (4) Each municipality shall strictly comply with the 15 limitations set forth in ss. 73.013 and 73.014. 16 Section 14. Section 166.411, Florida Statutes, is 17 amended to read: 18 166.411 Eminent domain; uses or purposes.--Subject to 19 the limitations set forth in ss. 73.013 and 73.014, 20 municipalities are authorized to exercise the power of eminent 21 domain for the following uses or purposes: 22 (1) For the proper and efficient carrying into effect 23 of any proposed scheme or plan of drainage, ditching, grading, 24 filling, or other public improvement deemed necessary or 25 expedient for the preservation of the public health, or for 26 other good reason connected in anywise with the public welfare 27 or the interests of the municipality and the people thereof; 28 (2) Over railroads, traction and streetcar lines, 29 telephone and telegraph lines, all public and private streets 30 and highways, drainage districts, bridge districts, school 31 districts, or any other public or private lands whatsoever 24 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 necessary to enable the accomplishment of purposes listed in 2 s. 180.06; 3 (3) For streets, lanes, alleys, and ways; 4 (4) For public parks, squares, and grounds; 5 (5) For drainage, for raising or filling in land in 6 order to promote sanitation and healthfulness, and for the 7 taking of easements for the drainage of the land of one person 8 over and through the land of another; 9 (6) For reclaiming and filling when lands are low and 10 wet, or overflowed altogether or at times, or entirely or 11 partly; 12 (7) For the abatement of any nuisance; 13 (7)(8) For the use of water pipes and for sewerage and 14 drainage purposes; 15 (8)(9) For laying wires and conduits underground; and 16 (9)(10) For city buildings, waterworks, ponds, and 17 other municipal purposes which shall be coextensive with the 18 powers of the municipality exercising the right of eminent 19 domain.; and 20 Section 15. This act shall take effect upon becoming a 21 law and applies to all property for which a petition of 22 condemnation is filed pursuant to chapter 73 or chapter 74, 23 Florida Statutes, on or after that date. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 25 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 An act relating to eminent domain; creating s. 2 73.013, F.S.; restricting certain transfers of 3 property taken by eminent domain to certain 4 natural persons or private entities; preserving 5 the government entity communications services 6 eminent domain limitation; creating s. 73.014, 7 F.S.; prohibiting the exercise of eminent 8 domain to eliminate nuisance, slum, or blight 9 conditions; amending s. 73.021, F.S.; 10 clarifying that use for eminent domain means 11 public use or public purpose; amending s. 12 127.01, F.S.; providing that a county 13 exercising eminent domain must strictly comply 14 with the limitations in ss. 73.013 and 73.014, 15 F.S.; amending s. 127.02, F.S.; requiring that 16 a board of county commissioners adopt a 17 resolution in order to acquire a property 18 through the use of eminent domain; providing 19 that a county exercising eminent domain must 20 strictly comply with the limitations in ss. 21 73.013 and 73.014, F.S.; amending s. 163.335, 22 F.S.; removing eminent domain from the scope of 23 findings and declarations of necessity under 24 the Community Redevelopment Act; providing that 25 the prevention or elimination of a slum area or 26 blighted area does not satisfy the requirement 27 under the State Constitution that a taking be 28 for a public purpose; amending s. 163.340, 29 F.S.; conforming a cross-reference; amending s. 30 163.345, F.S.; prescribing limitations on the 31 disposition of property related to certain 26 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 efforts to encourage the participation of 2 private enterprise in community redevelopment; 3 amending s. 163.358, F.S.; clarifying the scope 4 of the power of community redevelopment by a 5 county or municipality and the authority and 6 limitations on delegation to a community 7 redevelopment agency; prohibiting the 8 delegation of the power of eminent domain to a 9 community redevelopment agency; conforming a 10 cross-reference; amending s. 163.370, F.S.; 11 clarifying limitations on the exercise of 12 eminent domain in the context of community 13 redevelopment; clarifying the manner in which 14 property may be acquired; deleting the 15 authority to delegate the power of eminent 16 domain to a community redevelopment agency; 17 repealing s. 163.375, F.S., relating to the 18 authority of a county, municipality, or 19 community redevelopment agency to exercise the 20 power of eminent domain in connection with 21 community redevelopment for the purpose of 22 preventing and eliminating slums and blight; 23 amending s. 163.380, F.S.; subjecting the 24 disposal of property acquired by eminent domain 25 within a community redevelopment area to 26 certain restrictions; eliminating the authority 27 to use eminent domain to acquire certain areas 28 adjacent to disposed property; amending s. 29 166.401, F.S.; requiring that the governing 30 body of a municipality adopt a resolution in 31 order to acquire a property through the use of 27 3:48 PM 05/01/06 s2168c1d-09-c3t
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB for 2168 Barcode 081938 1 eminent domain; providing that a municipality 2 exercising eminent domain must strictly comply 3 with the limitations in ss. 73.013 and 73.014, 4 F.S.; amending s. 166.411, F.S.; providing that 5 the exercise of eminent domain by a 6 municipality is subject to the limitations in 7 ss. 73.013 and 73.014, F.S.; eliminating the 8 authority of a municipality to use eminent 9 domain for the abatement of nuisances; 10 providing applicability; providing an effective 11 date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3:48 PM 05/01/06 s2168c1d-09-c3t