Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB for 2168
                        Barcode 223594
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       04/24/2006 05:11 PM         .                    
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11  The Committee on Community Affairs (Bennett) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 73.013, Florida Statutes, is
19  created to read:
20         73.013  Conveyance of property taken by eminent
21  domain.--
22         (1)  Notwithstanding any other provision of law,
23  including any charter provision, ordinance, statute, or
24  special law, if the state, any political subdivision as
25  defined in s. 1.01(8), or any other entity to which the power
26  of eminent domain is delegated files a petition of taking on
27  or after July 1, 2006, regarding a parcel of real property in
28  this state, ownership or control of property acquired pursuant
29  to such petition may not be conveyed by the condemning
30  authority or any other entity to a natural person or private
31  entity, except that ownership or control of property acquired
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 pursuant to such petition may be conveyed to: 2 (a) A natural person or private entity for use in 3 providing common carrier services or systems; 4 (b) A natural person or private entity for use as a 5 road or other right-of-way or means open to the public for 6 transportation, whether at no charge or by toll; 7 (c) A natural person or private entity that is a 8 public or private utility for use in providing electricity 9 services or systems, natural or manufactured gas services or 10 systems, water and wastewater services or systems, stormwater 11 or runoff services or systems, sewer services or systems, 12 pipeline facilities, telephone services or systems, or similar 13 services or systems; 14 (d) A natural person or private entity for use in 15 providing public infrastructure; 16 (e) A natural person or private entity that occupies, 17 pursuant to a lease, an incidental part of a public property 18 or a public facility for the purpose of providing goods or 19 services to the public; 20 (f) A natural person or private entity if the property 21 was taken pursuant to s. 163.375; 22 (g) A natural person or private entity, after public 23 notice and competitive bidding unless otherwise provided by 24 general law, if the property was owned and controlled by the 25 condemning authority or a governmental entity for at least 5 26 years after the condemning authority acquired title to the 27 property; or 28 (h) A natural person or private entity in accordance 29 with subsection (2). 30 (2) If ownership of property is conveyed to a natural 31 person or private entity pursuant to any of paragraphs 2 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 (1)(a)-(f), and that natural person or private entity retains 2 ownership and control of the property for at least 5 years 3 after acquiring title, the property may subsequently be 4 transferred, after public notice and competitive bidding 5 unless otherwise provided by general law, to another natural 6 person or private entity without restriction. 7 Section 2. The power of eminent domain shall be 8 restricted as provided in chapters 73, 127, 163, and 166, 9 except when the owner of a property relinquishes the property 10 and concedes to the taking of the property in order to retain 11 the ability to reinvest the proceeds of the sale of the 12 property in replacement property under s. 1033 of the Internal 13 Revenue Code. 14 Section 3. Subsection (3) of section 163.335, Florida 15 Statutes, is amended, and subsection (7) is added to that 16 section, to read: 17 163.335 Findings and declarations of necessity.-- 18 (3) It is further found and declared that the powers 19 conferred by this part are for public uses and purposes for 20 which public money may be expended, the police power 21 exercised, and the power of eminent domain exercised subject 22 to the limitations in s. 163.375 and the power of eminent 23 domain and police power exercised, and the necessity in the 24 public interest for the provisions herein enacted is hereby 25 declared as a matter of legislative determination. 26 (7) It is further found that the prevention or 27 elimination of a "slum area" or "blighted area" as defined in 28 this part and the preservation or enhancement of the tax base 29 are not public uses or purposes for which private property may 30 be taken by eminent domain. 31 Section 4. Section 163.355, Florida Statutes, is 3 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 amended to read: 2 163.355 Finding of necessity by county or 3 municipality.-- 4 (1) A No county or municipality may not shall exercise 5 the community redevelopment authority conferred by this part 6 until after the governing body has adopted a resolution, 7 supported by data and analysis, which makes a legislative 8 finding that the conditions in the area meet the criteria 9 described in s. 163.340(7) or (8). The resolution must state 10 that: 11 (a)(1) One or more slum or blighted areas, or one or 12 more areas in which there is a shortage of housing affordable 13 to residents of low or moderate income, including the elderly, 14 exist in such county or municipality; and 15 (b)(2) The rehabilitation, conservation, or 16 redevelopment, or a combination thereof, of such area or 17 areas, including, if appropriate, the development of housing 18 which residents of low or moderate income, including the 19 elderly, can afford, is necessary in the interest of the 20 public health, safety, morals, or welfare of the residents of 21 such county or municipality. 22 (2) A resolution finding slum or blight conditions 23 must indicate that property within the community redevelopment 24 area may be subject to taking by eminent domain pursuant to s. 25 163.375. In the alternative, the county or municipality may 26 explicitly state in the resolution that the power of eminent 27 domain provided under s. 163.375 will not be exercised by the 28 county or municipality within the community redevelopment 29 area. A county or municipality is not required to provide 30 notice in accordance with subsections (3) and (4) if the 31 resolution finding slum or blight conditions, as proposed and 4 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 adopted by the county or municipality, expressly declares that 2 the power of eminent domain provided under s. 163.375 will not 3 be exercised by the county or municipality within the 4 community redevelopment area. 5 (3) At least 30 days before first public hearing at 6 which a proposed resolution finding slum or blight conditions 7 will be considered by a county or municipality, actual notice 8 of the public hearing must be mailed via first class mail to 9 each real property owner whose property may be included within 10 the community redevelopment area and to each business owner, 11 including a lessee, who operates a business located on 12 property that may be included within the community 13 redevelopment area. 14 (a) Notice must be sent to each owner of real property 15 that may be included within the community redevelopment area 16 at the owner's last known address as listed on the county ad 17 valorem tax roll. Alternatively, the notice may be personally 18 delivered to a property owner. If there is more than one owner 19 of a property, notice to one owner constitutes notice to all 20 owners of the property. The return of the notice as 21 undeliverable by the postal authorities constitutes compliance 22 with this subsection. The condemning authority is not required 23 to give notice to a person who acquires title to property 24 after the notice required by this subsection has been given. 25 (b) Notice must be sent to the address of the 26 registered agent for the business located on the property or, 27 if no agent is registered, by certified mail or personal 28 delivery to the address of the business located on the 29 property. Notice to one owner of a multiple ownership business 30 constitutes notice to all owners of that business. The return 31 of the notice as undeliverable by the postal authorities 5 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 constitutes compliance with this subsection. The condemning 2 authority is not required to give notice to a person who 3 acquires an interest in a business after the notice required 4 by this subsection has been given. 5 (c) At a minimum, the mailed notice required by 6 paragraphs (a) and (b) must: 7 1. Generally explain the purpose, effect, and 8 substance of the proposed resolution; 9 2. Indicate that private property within the proposed 10 redevelopment area may be subject to taking by eminent domain 11 if the current condition of the property poses an existing 12 threat to the public health or public safety which is likely 13 to continue absent the exercise of eminent domain; 14 3. Indicate that private-to-private transfers of 15 property may occur; 16 4. Contain a geographic location map that clearly 17 indicates the area covered by the resolution, including major 18 street names as a means of identification of the general area; 19 5. Provide the dates, times, and locations of future 20 public hearings during which the resolution may be considered; 21 6. Identify the place or places within the county or 22 municipality at which the resolution may be inspected by the 23 public; 24 7. Indicate that the property owner may file written 25 objections with the local governing board before any public 26 hearing on the resolution; and 27 8. Indicate that interested parties may appear and be 28 heard at all public hearings at which the resolution will be 29 considered. 30 (4) In addition to mailing notice to property owners, 31 the county or municipality must conduct at least two 6 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 advertised public hearings before adoption of the proposed 2 resolution. At least one hearing must be held after 5 p.m. on 3 a weekday, unless the governing body, by a majority plus one 4 vote, elects to conduct the hearing at another time of day. 5 The first public hearing must be held at least 7 days after 6 the day the first advertisement is published. The second 7 hearing must be held at least 10 days after the first hearing 8 and must be advertised at least 5 days before the public 9 hearing. The required advertisements must be no less than 2 10 columns wide by 10 inches long in a standard size or a tabloid 11 size newspaper, and the headline in the advertisement must be 12 in a type no smaller than 18 point. The advertisement must not 13 be placed in that portion of the newspaper where legal notices 14 and classified advertisements appear and must be placed in a 15 newspaper of general paid circulation rather than one of 16 limited subject matter. Whenever possible, the advertisement 17 must appear in a newspaper that is published at least 5 days a 18 week unless the only newspaper in the community is published 19 fewer than 5 days a week. At a minimum, the advertisement 20 must: 21 (a) Generally explain the substance and effect of the 22 resolution; 23 (b) Include a statement indicating that private 24 property within the proposed redevelopment area may be subject 25 to taking by eminent domain if the current condition of the 26 property poses an existing threat to the public health or 27 public safety which is likely to continue absent the exercise 28 of eminent domain; 29 (c) Provide the date, time, and location of the 30 meeting; 31 (d) Identify the place or places within the county or 7 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 municipality at which the resolution may be inspected by the 2 public; 3 (e) Contain a geographic location map that clearly 4 indicates the area covered by the resolution, including major 5 street names as a means of identification of the general area; 6 (f) Indicate that any interested party may file 7 written objections with the local governing board before the 8 public hearing; and 9 (g) Indicate that any interested party may appear and 10 be heard at the public hearing. 11 Section 5. Subsection (6) is added to section 163.358, 12 Florida Statutes, to read: 13 163.358 Exercise of powers in carrying out community 14 redevelopment and related activities.--The community 15 redevelopment powers assigned to a community redevelopment 16 agency created under s. 163.356 include all the powers 17 necessary or convenient to carry out and effectuate the 18 purposes and provisions of this part, except the following, 19 which continue to vest in the governing body of the county or 20 municipality: 21 (6) The power of eminent domain. 22 Section 6. Paragraph (d) is added to subsection (2) of 23 section 163.360, Florida Statutes, to read: 24 163.360 Community redevelopment plans.-- 25 (2) The community redevelopment plan shall: 26 (d) Indicate that real property within the community 27 redevelopment area may be subject to taking by eminent domain 28 pursuant to s. 163.375. If consistent with the resolution 29 finding slum or blight conditions, the plan must indicate that 30 the power of eminent domain provided under s. 163.375 will not 31 be exercised by the county or municipality within the 8 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 community redevelopment area. 2 Section 7. Paragraph (o) of subsection (1) and 3 paragraph (a) of subsection (3) of section 163.370, Florida 4 Statutes, are amended to read: 5 163.370 Powers; counties and municipalities; community 6 redevelopment agencies.-- 7 (1) Every county and municipality shall have all the 8 powers necessary or convenient to carry out and effectuate the 9 purposes and provisions of this part, including the following 10 powers in addition to others herein granted: 11 (o) To exercise all or any part or combination of 12 powers herein granted or to elect to have such powers 13 exercised by a community redevelopment agency; however, the 14 power of eminent domain shall not be exercised by a community 15 redevelopment agency. 16 (3) With the approval of the governing body, a 17 community redevelopment agency may: 18 (a) Before Prior to approval of a community 19 redevelopment plan or approval of any modifications of the 20 plan, acquire real property in a community redevelopment area 21 by purchase, lease, option, gift, grant, bequest, devise, or 22 other voluntary method of acquisition, demolish and remove any 23 structures on the property, and pay all costs related to the 24 acquisition, demolition, or removal, including any 25 administrative or relocation expenses. 26 Section 8. Section 163.375, Florida Statutes, is 27 amended to read: 28 163.375 Eminent domain.-- 29 (1) After the community redevelopment plan is adopted, 30 a county or municipality may acquire by eminent domain any 31 interest in a parcel of real property within a community 9 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 redevelopment area, including a fee simple title thereto, for 2 the purpose of eliminating an existing threat to public health 3 or public safety if the parcel of real property is eligible 4 for condemnation as defined in subsection (2). A county or 5 municipality shall exercise the power of eminent domain in the 6 manner provided in this section and in chapters 73 and 74, or 7 pursuant to the power of eminent domain provided by any other 8 statutory provision, as limited by s. 73.013. Real property 9 belonging to the United States, the state, or any political 10 subdivision of the state may not be acquired without its 11 consent. Any county or municipality, or any community 12 redevelopment agency pursuant to specific approval of the 13 governing body of the county or municipality which established 14 the agency, as provided by any county or municipal ordinance 15 has the right to acquire by condemnation any interest in real 16 property, including a fee simple title thereto, which it deems 17 necessary for, or in connection with, community redevelopment 18 and related activities under this part. Any county or 19 municipality, or any community redevelopment agency pursuant 20 to specific approval by the governing body of the county or 21 municipality which established the agency, as provided by any 22 county or municipal ordinance may exercise the power of 23 eminent domain in the manner provided in chapters 73 and 74 24 and acts amendatory thereof or supplementary thereto, or it 25 may exercise the power of eminent domain in the manner now or 26 which may be hereafter provided by any other statutory 27 provision for the exercise of the power of eminent domain. 28 Property in unincorporated enclaves surrounded by the 29 boundaries of a community redevelopment area may be acquired 30 when it is determined necessary by the agency to accomplish 31 the community redevelopment plan. Property already devoted to 10 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 a public use may be acquired in like manner. However, no real 2 property belonging to the United States, the state, or any 3 political subdivision of the state may be acquired without its 4 consent. 5 (2) Private property is eligible for condemnation if 6 the current condition of the property poses an existing threat 7 to public health or public safety which is likely to continue 8 absent the exercise of eminent domain as evidenced by at least 9 one of the following factors: 10 (a) The property contains a structure that, in its 11 current condition, has substantial dilapidation that is either 12 physically incurable or economically incurable in that the 13 cost of repair or rehabilitation would exceed the replacement 14 cost of a new structure. Superficial or cosmetic disrepair, 15 which is repairable by a nominal expenditure, not to exceed 20 16 percent of the market value of the existing structure, shall 17 not constitute dilapidation for purposes of constituting a 18 condemnation-eligible factor; 19 (b) The property contains a structure that, in its 20 current condition, is unsanitary, unsafe, or vermin infested 21 and is designated by the agency responsible for enforcement of 22 the housing, building, or fire codes as unfit for human 23 habitation or use; 24 (c) The property contains a structure that, in its 25 current condition, is a fire hazard, or otherwise dangerous to 26 the safety of persons or property, and is designated by the 27 agency responsible for enforcement of the housing, building, 28 or fire codes as unfit for human habitation or use; 29 (d) The property contains a structure from which, in 30 its current condition, the utilities, plumbing, heating, 31 sewerage, or other facilities have been disconnected, 11 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 destroyed, removed, or rendered ineffective so that the 2 property is unfit for human habitation or use; or 3 (e) The physical condition, use, or occupancy of the 4 property constitutes a public nuisance and the property has 5 been the subject of code violations affecting public health or 6 public safety which have not been substantially rehabilitated 7 within 1 year after receipt of notice to rehabilitate from the 8 appropriate code enforcement agency. 9 (3) A county or municipality may not initiate an 10 eminent domain proceeding pursuant to authority conferred by 11 this section unless the governing body first adopts a 12 resolution of taking containing specific determinations or 13 findings that: 14 (a) The public purpose of the taking is to eliminate 15 an existing threat to public health or public safety which is 16 likely to continue absent the exercise of eminent domain; 17 (b) The parcel of real property is eligible for 18 condemnation as defined in subsection (2), including a 19 specific description of the current conditions on the property 20 which pose an existing threat to public health or public 21 safety which is likely to continue absent the exercise of 22 eminent domain; and 23 (c) Taking the property by eminent domain is 24 reasonably necessary in order to accomplish the public purpose 25 of eliminating an existing threat to public health or public 26 safety which is likely to continue absent the exercise of 27 eminent domain. 28 (4) The county or municipality may not adopt a 29 resolution of taking under this section unless actual notice 30 of the public hearing at which the resolution is considered 31 was provided, at least 45 days prior to the hearing, to the 12 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 property owner and to any business owner, including a lessee, 2 who operates a business located on the property. 3 (a) Notice must be sent by certified mail, return 4 receipt requested, to the last known address listed on the 5 county ad valorem tax roll of each owner of the property. 6 Alternatively, the notice may be personally delivered to each 7 property owner. Compliance with this subsection shall also 8 require conspicuous posting of the notice to the premises of 9 the property to be acquired. The posted notice shall 10 prominently and legibly display the information provided in 11 paragraph (c). The condemning authority is not required to 12 give notice to a person who acquires title to the property 13 after the notice required by this subsection has been given. 14 (b) Notice must be sent by certified mail, return 15 receipt requested, to the address of the registered agent for 16 the business located on the property to be acquired or, if no 17 agent is registered, by certified mail or personal delivery to 18 the address of the business located on the property to be 19 acquired. Notice to one owner of a multiple ownership business 20 constitutes notice to all business owners of that business. 21 Compliance with this subsection shall also require conspicuous 22 posting of the notice to the premises of the property to be 23 acquired. The posted notice shall prominently and legibly 24 display the information provided in paragraph (c). The 25 condemning authority is not required to give notice to a 26 person who acquires an interest in the business after the 27 notice required by this subsection has been given. 28 (c) At a minimum, the notices required by paragraphs 29 (a) and (b) shall indicate: 30 1. That the county or municipal governing body will 31 determine whether to take the parcel of real property pursuant 13 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 to authority granted by this part and will formally consider a 2 resolution of taking at a public hearing; 3 2. That the property is subject to taking by eminent 4 domain under this part because current conditions on the 5 property pose an existing threat to public health or public 6 safety that is likely to continue absent the exercise of 7 eminent domain; 8 3. The specific conditions on the property that pose 9 an existing threat to public health or public safety and form 10 the basis for taking the property; 11 4. That the property will not be subject to taking if 12 the specific conditions that pose an existing threat to public 13 health or public safety and form the basis for the taking are 14 removed prior to the public hearing at which the resolution 15 will be considered by the governing body; 16 5. The date, time, and location of the public hearing 17 at which the resolution of taking will be considered; 18 6. That the property owner or business owner may file 19 written objections with the governing board prior to the 20 public hearing at which the resolution of taking is 21 considered; and 22 7. That any interested party may appear and be heard 23 at the public hearing at which the resolution of taking is 24 considered. 25 (5)(a) In accordance with chapters 73 and 74, if a 26 property owner challenges an attempt to acquire his or her 27 property by eminent domain under this section, the condemning 28 authority must prove by clear and convincing evidence in an 29 evidentiary hearing before the circuit court that: 30 1. The public purpose of the taking is to eliminate an 31 existing threat to public health or public safety which is 14 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 likely to continue absent the exercise of eminent domain; 2 2. The property is eligible for condemnation as 3 defined in subsection (2); and 4 3. Taking the property by eminent domain is reasonably 5 necessary in order to accomplish the public purpose of 6 eliminating an existing threat to public health or public 7 safety which is likely to continue absent the exercise of 8 eminent domain. 9 (b) The circuit court shall determine whether the 10 public purpose of the taking is to eliminate an existing 11 threat to public health or public safety which is likely to 12 continue absent the exercise of eminent domain, whether the 13 property is eligible for condemnation as defined in subsection 14 (2), and whether taking the property is reasonably necessary 15 in order to accomplish the public purpose of eliminating an 16 existing threat to public health or public safety which is 17 likely to continue absent the exercise of eminent domain. The 18 circuit court shall make these determinations without 19 attaching a presumption of correctness or extending judicial 20 deference to any determinations or findings in the resolution 21 of taking adopted by the condemning authority. 22 (6)(2) In any proceeding to fix or assess compensation 23 for damages for the taking of property, or any interest 24 therein, through the exercise of the power of eminent domain 25 or condemnation, evidence or testimony bearing upon the 26 following matters shall be admissible and shall be considered 27 in fixing such compensation or damages in addition to evidence 28 or testimony otherwise admissible: 29 (a) Any use, condition, occupancy, or operation of 30 such property, which is unlawful or violative of, or subject 31 to elimination, abatement, prohibition, or correction under, 15 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 any law, ordinance, or regulatory measure of the state, 2 county, municipality, or other political subdivision, or any 3 agency thereof, in which such property is located, as being 4 unsafe, substandard, unsanitary, or otherwise contrary to the 5 public health, safety, morals, or welfare. 6 (b) The effect on the value of such property of any 7 such use, condition, occupancy, or operation or of the 8 elimination, abatement, prohibition, or correction of any such 9 use, condition, occupancy, or operation. 10 (7)(3) In any proceeding to fix or assess compensation 11 for damages for the taking of property, or any interest 12 therein, the foregoing testimony and evidence shall be 13 admissible notwithstanding that no action has been taken by 14 any public body or public officer toward the abatement, 15 prohibition, elimination, or correction of any such use, 16 condition, occupancy, or operation. Testimony or evidence that 17 any public body or public officer charged with the duty or 18 authority so to do has rendered, made, or issued any judgment, 19 decree, determination, or order for the abatement, 20 prohibition, elimination, or correction of any such use, 21 condition, occupancy, or operation shall be admissible and 22 shall be prima facie evidence of the existence and character 23 of such use, condition, or operation. 24 Section 9. Subsection (3) is added to section 127.01, 25 Florida Statutes, to read: 26 127.01 Counties delegated power of eminent domain; 27 recreational purposes, issue of necessity of taking.-- 28 (3) Each county shall strictly comply with the 29 limitations set forth in s. 73.013. 30 Section 10. Section 127.02, Florida Statutes, is 31 amended to read: 16 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 127.02 County commissioners may authorize acquirement 2 of property by eminent domain.--The board of county 3 commissioners may, by resolution, authorize the acquirement by 4 eminent domain of property, real or personal, for any county 5 use or purpose designated in such resolution, subject to the 6 limitations set forth in s. 73.013. 7 Section 11. Subsection (3) is added to section 8 166.401, Florida Statutes, to read: 9 166.401 Right of eminent domain.-- 10 (3) Each municipality shall strictly comply with the 11 limitations set forth in s. 73.013. 12 Section 12. Subsections (1), (9), and (10) of section 13 166.411, Florida Statutes, are amended to read: 14 166.411 Eminent domain; uses or 15 purposes.--Municipalities are authorized to exercise the power 16 of eminent domain for the following uses or purposes: 17 (1) For the proper and efficient carrying into effect 18 of any proposed scheme or plan of drainage, ditching, grading, 19 filling, or other public improvement deemed necessary or 20 expedient for the preservation of the public health, or for 21 other good reason connected in anywise with the public welfare 22 or the interests of the municipality and the people thereof, 23 subject to the limitations set forth in s. 73.013; 24 (9) For laying wires and conduits underground; and 25 (10) For city buildings, waterworks, ponds, and other 26 municipal purposes which shall be coextensive with the powers 27 of the municipality exercising the right of eminent domain 28 subject to the limitations set forth in s. 73.013.; and 29 Section 13. This act applies to all condemnation 30 proceedings in which a petition of taking is filed pursuant to 31 chapter 73, Florida Statutes, on or after October 1, 2006, 17 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 except within the boundaries of any community redevelopment 2 agency created pursuant to s. 163.370, Florida Statutes, where 3 the local governing authority has adopted a resolution of 4 necessity since January 1, 2001, and has selected and entered 5 into an agreement with a master developer before October 1, 6 2006. In such instances, s. 163.375, Florida Statutes, applies 7 until January 1, 2010, for all property that is not designated 8 as homestead property as defined in s. 6, Art. VII of the 9 State Constitution before October 1, 2006. 10 Section 14. This act shall take effect October 1, 11 2006. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to eminent domain; creating s. 21 73.013, F.S.; restricting certain transfers of 22 property taken by eminent domain to certain 23 natural persons or private entities; providing 24 an exception to the restriction of the power of 25 eminent domain; amending s. 163.335, F.S.; 26 providing legislative findings and 27 declarations; amending s. 163.355, F.S.; 28 requiring disclosure of eminent domain 29 authority in resolutions finding slum or blight 30 conditions; providing for notice to property 31 owners and business owners or lessees and 18 8:22 PM 04/20/06 s2168c1d-ca21-j02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB for 2168 Barcode 223594 1 requirements therefor; providing for hearings 2 and advertising requirements therefor; amending 3 s. 163.358, F.S.; providing that the power of 4 eminent domain does not vest in a community 5 redevelopment agency but rather with the 6 governing body of a county or municipality; 7 amending s. 163.360, F.S.; requiring disclosure 8 of eminent domain authority in community 9 redevelopment plans; amending s. 163.370, F.S.; 10 revising powers of community redevelopment 11 agencies with respect to the acquisition of 12 real property; amending s. 163.375, F.S.; 13 revising eminent domain authority and 14 procedures, including notice, hearings, and 15 challenge; amending ss. 127.01 and 127.02, 16 F.S.; requiring county compliance with eminent 17 domain limitations; amending ss. 166.401 and 18 166.411, F.S.; requiring municipal compliance 19 with eminent domain limitations; providing for 20 application; providing an effective date. 21 22 23 24 25 26 27 28 29 30 31 19 8:22 PM 04/20/06 s2168c1d-ca21-j02