Senate Bill sb2168

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    Florida Senate - 2006                                  SB 2168

    By the Committee on Judiciary





    590-1693B-06

  1                      A bill to be entitled

  2         An act relating to eminent domain; amending s.

  3         127.01, F.S.; preempting the power of eminent

  4         domain to the state except as otherwise

  5         provided by law; limiting the power of counties

  6         to use eminent domain; requiring consent to

  7         acquire property from certain governmental

  8         entities; providing that property acquired by

  9         eminent domain may not be transferred to

10         private ownership except in certain

11         circumstances; enumerating authorized uses of

12         eminent domain; prescribing the manner by which

13         a county may exercise its power of eminent

14         domain; amending s. 127.02, F.S.; requiring

15         that a board of county commissioners adopt a

16         resolution in order to acquire a property

17         through the use of eminent domain; amending s.

18         163.335, F.S.; removing eminent domain from the

19         scope of findings and declarations of necessity

20         under the Community Redevelopment Act; amending

21         s. 163.345, F.S.; excluding property acquired

22         by eminent domain from certain efforts to

23         encourage the participation of private

24         enterprise in community redevelopment; amending

25         s. 163.370, F.S.; limiting the power of

26         municipalities and counties to transfer to

27         private ownership property acquired by eminent

28         domain; eliminating the authority of

29         municipalities and counties to enter certain

30         buildings or property in community

31         redevelopment areas; limiting the authority of

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    Florida Senate - 2006                                  SB 2168
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 1         a county or municipality to use the power of

 2         eminent domain within a community redevelopment

 3         area; amending s. 163.375, F.S.; limiting the

 4         authority of a county, municipality, or

 5         community redevelopment agency to exercise the

 6         power of eminent domain in connection with

 7         community redevelopment; eliminating provisions

 8         regarding the admissibility of evidence in

 9         certain eminent domain proceedings; amending s.

10         163.380, F.S.; restricting the disposal of

11         property acquired by eminent domain within a

12         community redevelopment area; eliminating the

13         authority to use eminent domain to acquire

14         certain areas adjacent to disposed property;

15         amending s. 166.401, F.S.; preempting the power

16         of eminent domain to the state except as

17         otherwise provided by law; limiting the power

18         of municipalities to use eminent domain;

19         providing that property acquired by eminent

20         domain may not be transferred to private

21         ownership except in certain circumstances;

22         prescribing the manner for a municipality to

23         exercise the power of eminent domain; requiring

24         that the governing body of a municipality adopt

25         a resolution in order to acquire a property

26         through the use of eminent domain; amending s.

27         166.411, F.S.; eliminating the authority of

28         municipalities to use eminent domain for the

29         abatement of nuisances; limiting the

30         authorization to use eminent domain for certain

31         municipal purposes; providing for application

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 1         of the act to pending eminent domain

 2         proceedings and appeals; providing an effective

 3         date.

 4  

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

 6  

 7         Section 1.  Section 127.01, Florida Statutes, is

 8  amended to read:

 9         127.01  Counties limited delegated power of eminent

10  domain; recreational purposes, issue of necessity of taking.--

11         (1)(a)  The power of eminent domain is preempted to the

12  state except as otherwise provided by law. Each county of the

13  state is delegated limited authority to exercise the right and

14  power of eminent domain; that is, the right to appropriate

15  property, for the uses or purposes authorized under this

16  section except state or federal, for any county purpose.

17  However, no real property belonging to the United States, the

18  state, or any political subdivision of the state may be

19  acquired without its consent. The absolute fee simple title to

20  all property so taken and acquired shall vest in such county

21  unless the county seeks to condemn a particular right or

22  estate in such property. Property acquired by the power of

23  eminent domain may not be transferred to private ownership

24  except as necessary to accomplish a purpose authorized in

25  subsection (2).

26         (b)  Each county is further authorized to exercise the

27  eminent domain power granted to the Department of

28  Transportation by s. 337.27(1), the transportation corridor

29  protection provisions of s. 337.273, and the right of entry

30  onto property pursuant to s. 337.274.

31  

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 1         (2)  Counties are authorized to exercise the power of

 2  eminent domain for the following uses or purposes:

 3         (a)  For the proper and efficient carrying into effect

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

 5  filling, or other public improvement deemed necessary or

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

 7  other good reason connected in anywise with the public welfare

 8  or the interests of the county and the people thereof;

 9         (b)  Over railroads, traction and streetcar lines,

10  telephone and telegraph lines, all public and private streets

11  and highways, drainage districts, bridge districts, school

12  districts, or any other public or private lands whatsoever

13  necessary to enable the accomplishment of the purpose of

14  county public works;

15         (c)  For streets, lanes, alleys, and ways;

16         (d)  For public parks, squares, and grounds;

17         (e)  For drainage, for raising or filling in land in

18  order to promote sanitation and healthfulness, and for the

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

20  over and through the land of another;

21         (f)  For reclaiming and filling when lands are low and

22  wet or overflowed, entirely or partly, altogether or at times;

23         (g)  For the use of water pipes and for sewerage and

24  drainage purposes;

25         (h)  For laying wires and conduits underground; and

26         (i)  For county buildings, waterworks, and ponds.

27         (3)  Each county is further authorized to exercise the

28  eminent domain power granted by s. 337.27(1) to the Department

29  of Transportation; by s.337.273, relating to the protection of

30  transportation corridors; and by s. 337.274, relating to the

31  right of entry onto property.

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 1         (4)(2)  However, no county has the right to condemn any

 2  lands outside its own county boundaries for parks,

 3  playgrounds, recreational centers, or other recreational

 4  purposes. In eminent domain proceedings, a county's burden of

 5  showing reasonable necessity for parks, playgrounds,

 6  recreational centers, or other types of recreational purposes

 7  shall be the same as the burden in other types of eminent

 8  domain proceedings.

 9         (5)  When a county exercises the power of eminent

10  domain for an authorized use or purpose, it must do so in the

11  manner provided for in chapters 73 and 74.

12         Section 2.  Section 127.02, Florida Statutes, is

13  amended to read:

14         127.02  County commissioners may authorize acquirement

15  of property by eminent domain for an authorized use or

16  purpose.--The board of county commissioners may not exercise

17  its power of eminent domain unless the board adopts a

18  resolution authorizing the acquisition, by resolution,

19  authorize the acquirement by eminent domain of a property,

20  real or personal, by eminent domain for any county use or

21  purpose authorized by law designated in such resolution.

22         Section 3.  Subsection (3) of section 163.335, Florida

23  Statutes, is amended to read:

24         163.335  Findings and declarations of necessity.--

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

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

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

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

29  public interest for the provisions herein enacted is hereby

30  declared as a matter of legislative determination.

31  

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 1         Section 4.  Subsection (1) of section 163.345, Florida

 2  Statutes, is amended to read:

 3         163.345  Encouragement of private enterprise.--

 4         (1)  Any county or municipality, to the greatest extent

 5  it determines to be feasible in carrying out the provisions of

 6  this part, shall afford maximum opportunity, consistent with

 7  the sound needs of the county or municipality as a whole, to

 8  the rehabilitation or redevelopment of the community

 9  redevelopment area by private enterprise. Any county or

10  municipality shall give consideration to this objective in

11  exercising its powers under this part, including the

12  formulation of a workable program; the approval of community

13  redevelopment plans, communitywide plans or programs for

14  community redevelopment, and general neighborhood

15  redevelopment plans (consistent with the general plan of the

16  county or municipality); the development and implementation of

17  community policing innovations; the exercise of its zoning

18  powers; the enforcement of other laws, codes, and regulations

19  relating to the use of land and the use and occupancy of

20  buildings and improvements; the development of affordable

21  housing; the disposition of any property not acquired by

22  eminent domain; and the provision of necessary public

23  improvements.

24         Section 5.  Subsection (1) of section 163.370, Florida

25  Statutes, is amended to read:

26         163.370  Powers; counties and municipalities; community

27  redevelopment agencies.--

28         (1)  Every county and municipality shall have all the

29  powers necessary or convenient to carry out and effectuate the

30  purposes and provisions of this part, including the following

31  powers in addition to others herein granted:

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 1         (a)  To make and execute contracts and other

 2  instruments necessary or convenient to the exercise of its

 3  powers under this part;

 4         (b)  To disseminate slum clearance and community

 5  redevelopment information;

 6         (c)  To undertake and carry out community redevelopment

 7  and related activities within the community redevelopment

 8  area, which redevelopment may include:

 9         1.  Acquisition of a slum area or a blighted area or

10  portion thereof.

11         2.  Demolition and removal of buildings and

12  improvements.

13         3.  Installation, construction, or reconstruction of

14  streets, utilities, parks, playgrounds, public areas of major

15  hotels that are constructed in support of convention centers,

16  including meeting rooms, banquet facilities, parking garages,

17  lobbies, and passageways, and other improvements necessary for

18  carrying out in the community redevelopment area the community

19  redevelopment objectives of this part in accordance with the

20  community redevelopment plan.

21         4.  Disposition of any property acquired in the

22  community redevelopment area at its fair value for uses in

23  accordance with the community redevelopment plan; however, any

24  property acquired by the power of eminent domain may not be

25  transferred to private ownership except as necessary to

26  accomplish a purpose authorized under s. 127.01(2) or s.

27  166.411.

28         5.  Carrying out plans for a program of voluntary or

29  compulsory repair and rehabilitation of buildings or other

30  improvements in accordance with the community redevelopment

31  plan.

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 1         6.  Acquisition of real property in the community

 2  redevelopment area which, under the community redevelopment

 3  plan, is to be repaired or rehabilitated for dwelling use or

 4  related facilities, repair or rehabilitation of the structures

 5  for guidance purposes, and resale of the property; however,

 6  any property acquired by the power of eminent domain may not

 7  be transferred to private ownership except as necessary to

 8  accomplish a purpose authorized under s. 127.01(2) or s.

 9  166.411.

10         7.  Acquisition of any other real property in the

11  community redevelopment area when necessary to eliminate

12  unhealthful, unsanitary, or unsafe conditions; lessen density;

13  eliminate obsolete or other uses detrimental to the public

14  welfare; or otherwise to remove or prevent the spread of

15  blight or deterioration or to provide land for needed public

16  facilities.

17         8.  Acquisition, without regard to any requirement that

18  the area be a slum or blighted area, of air rights in an area

19  consisting principally of land in highways, railway or subway

20  tracks, bridge or tunnel entrances, or other similar

21  facilities which have a blighting influence on the surrounding

22  area and over which air rights sites are to be developed for

23  the elimination of such blighting influences and for the

24  provision of housing (and related facilities and uses)

25  designed specifically for, and limited to, families and

26  individuals of low or moderate income.

27         9.  Acquisition of property in unincorporated enclaves

28  surrounded by the boundaries of a community redevelopment area

29  when it is determined necessary by the agency to accomplish

30  the community redevelopment plan. Property already devoted to

31  a public use may be acquired in like manner.

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 1         10.9.  Construction of foundations and platforms

 2  necessary for the provision of air rights sites of housing

 3  (and related facilities and uses) designed specifically for,

 4  and limited to, families and individuals of low or moderate

 5  income.

 6         (d)  To provide, or to arrange or contract for, the

 7  furnishing or repair by any person or agency, public or

 8  private, of services, privileges, works, streets, roads,

 9  public utilities, or other facilities for or in connection

10  with a community redevelopment; to install, construct, and

11  reconstruct streets, utilities, parks, playgrounds, and other

12  public improvements; and to agree to any conditions that it

13  deems reasonable and appropriate which are attached to federal

14  financial assistance and imposed pursuant to federal law

15  relating to the determination of prevailing salaries or wages

16  or compliance with labor standards, in the undertaking or

17  carrying out of a community redevelopment and related

18  activities, and to include in any contract let in connection

19  with such redevelopment and related activities provisions to

20  fulfill such of the conditions as it deems reasonable and

21  appropriate.

22         (e)  Within the community redevelopment area:

23         1.  To enter into any building or property in any

24  community redevelopment area in order to make inspections,

25  surveys, appraisals, soundings, or test borings and to obtain

26  an order for this purpose from a court of competent

27  jurisdiction in the event entry is denied or resisted.

28         1.2.  To acquire by purchase;, lease;, option;, gift;,

29  grant;, bequest;, devise; or, eminent domain, as authorized

30  under chapter 127 or chapter 166, or otherwise any real

31  property (or personal property for its administrative

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 1  purposes), together with any improvements thereon; except that

 2  a community redevelopment agency may not exercise any power of

 3  eminent domain unless the exercise has been specifically

 4  approved by the governing body of the county or municipality

 5  which established the agency.

 6         2.3.  To hold, improve, clear, or prepare for

 7  redevelopment any such property.

 8         3.4.  To mortgage, pledge, hypothecate, or otherwise

 9  encumber or dispose of any real property; however, any

10  property acquired by the power of eminent domain may not be

11  transferred to private ownership except as necessary to

12  accomplish a purpose authorized under s. 127.01(2) or s.

13  166.411.

14         4.5.  To insure or provide for the insurance of any

15  real or personal property or operations of the county or

16  municipality against any risks or hazards, including the power

17  to pay premiums on any such insurance.

18         5.6.  To enter into any contracts necessary to

19  effectuate the purposes of this part.

20         6.7.  To solicit requests for proposals for

21  redevelopment of parcels of real property contemplated by a

22  community redevelopment plan to be acquired for redevelopment

23  purposes by a community redevelopment agency and, as a result

24  of such requests for proposals, to advertise for the

25  disposition of such real property to private persons pursuant

26  to s. 163.380 prior to acquisition of such real property by

27  the community redevelopment agency; however, any property

28  acquired by the power of eminent domain may not be transferred

29  to private ownership except as necessary to accomplish a

30  purpose authorized under s. 127.01(2) or s. 166.411.

31  

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 1         (f)  To invest any community redevelopment funds held

 2  in reserves or sinking funds or any such funds not required

 3  for immediate disbursement in property or securities in which

 4  savings banks may legally invest funds subject to their

 5  control and to redeem such bonds as have been issued pursuant

 6  to s. 163.385 at the redemption price established therein or

 7  to purchase such bonds at less than redemption price, all such

 8  bonds so redeemed or purchased to be canceled.

 9         (g)  To borrow money and to apply for and accept

10  advances, loans, grants, contributions, and any other form of

11  financial assistance from the Federal Government or the state,

12  county, or other public body or from any sources, public or

13  private, for the purposes of this part and to give such

14  security as may be required and to enter into and carry out

15  contracts or agreements in connection therewith; and to

16  include in any contract for financial assistance with the

17  Federal Government for or with respect to community

18  redevelopment and related activities such conditions imposed

19  pursuant to federal laws as the county or municipality deems

20  reasonable and appropriate which are not inconsistent with the

21  purposes of this part.

22         (h)  Within its area of operation, to make or have made

23  all surveys and plans necessary to the carrying out of the

24  purposes of this part; to contract with any person, public or

25  private, in making and carrying out such plans; and to adopt

26  or approve, modify, and amend such plans, which plans may

27  include, but are not limited to:

28         1.  Plans for carrying out a program of voluntary or

29  compulsory repair and rehabilitation of buildings and

30  improvements.

31  

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 1         2.  Plans for the enforcement of state and local laws,

 2  codes, and regulations relating to the use of land and the use

 3  and occupancy of buildings and improvements and to the

 4  compulsory repair, rehabilitation, demolition, or removal of

 5  buildings and improvements.

 6         3.  Appraisals, title searches, surveys, studies, and

 7  other plans and work necessary to prepare for the undertaking

 8  of community redevelopment and related activities.

 9         (i)  To develop, test, and report methods and

10  techniques, and carry out demonstrations and other activities,

11  for the prevention and the elimination of slums and urban

12  blight and developing and demonstrating new or improved means

13  of providing housing for families and persons of low income.

14         (j)  To apply for, accept, and utilize grants of funds

15  from the Federal Government for such purposes.

16         (k)  To prepare plans for and assist in the relocation

17  of persons (including individuals, families, business

18  concerns, nonprofit organizations, and others) displaced from

19  a community redevelopment area and to make relocation payments

20  to or with respect to such persons for moving expenses and

21  losses of property for which reimbursement or compensation is

22  not otherwise made, including the making of such payments

23  financed by the Federal Government.

24         (l)  To appropriate such funds and make such

25  expenditures as are necessary to carry out the purposes of

26  this part; to zone or rezone any part of the county or

27  municipality or make exceptions from building regulations; and

28  to enter into agreements with a housing authority, which

29  agreements may extend over any period, notwithstanding any

30  provision or rule of law to the contrary, respecting action to

31  

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 1  be taken by such county or municipality pursuant to any of the

 2  powers granted by this part.

 3         (m)  To close, vacate, plan, or replan streets, roads,

 4  sidewalks, ways, or other places and to plan or replan any

 5  part of the county or municipality.

 6         (n)  Within its area of operation, to organize,

 7  coordinate, and direct the administration of the provisions of

 8  this part, as they may apply to such county or municipality,

 9  in order that the objective of remedying slum and blighted

10  areas and preventing the causes thereof within such county or

11  municipality may be most effectively promoted and achieved and

12  to establish such new office or offices of the county or

13  municipality or to reorganize existing offices in order to

14  carry out such purpose most effectively.

15         (o)  To exercise all or any part or combination of

16  powers herein granted or to elect to have such powers

17  exercised by a community redevelopment agency.

18         (p)  To develop and implement community policing

19  innovations.

20         Section 6.  Section 163.375, Florida Statutes, is

21  amended to read:

22         163.375  Eminent domain.--

23         (1)  Any county or municipality, or any community

24  redevelopment agency pursuant to specific approval of the

25  governing body of the county or municipality which established

26  the agency, as provided by any county or municipal ordinance,

27  may use the power of eminent domain to acquire any interest in

28  real property as authorized under chapter 127 or chapter 166

29  has the right to acquire by condemnation any interest in real

30  property, including a fee simple title thereto, which it deems

31  necessary for, or in connection with, community redevelopment

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 1  and related activities under this part. Any county or

 2  municipality, or any community redevelopment agency pursuant

 3  to specific approval by the governing body of the county or

 4  municipality which established the agency, as provided by any

 5  county or municipal ordinance may exercise the power of

 6  eminent domain in the manner provided in chapters 73 and 74

 7  and acts amendatory thereof or supplementary thereto, or it

 8  may exercise the power of eminent domain in the manner now or

 9  which may be hereafter provided by any other statutory

10  provision for the exercise of the power of eminent domain.

11  Property in unincorporated enclaves surrounded by the

12  boundaries of a community redevelopment area may be acquired

13  when it is determined necessary by the agency to accomplish

14  the community redevelopment plan. Property already devoted to

15  a public use may be acquired in like manner.  However, no real

16  property belonging to the United States, the state, or any

17  political subdivision of the state may be acquired without its

18  consent.

19         (2)  In any proceeding to fix or assess compensation

20  for damages for the taking of property, or any interest

21  therein, through the exercise of the power of eminent domain

22  or condemnation, evidence or testimony bearing upon the

23  following matters shall be admissible and shall be considered

24  in fixing such compensation or damages in addition to evidence

25  or testimony otherwise admissible:

26         (a)  Any use, condition, occupancy, or operation of

27  such property, which is unlawful or violative of, or subject

28  to elimination, abatement, prohibition, or correction under,

29  any law, ordinance, or regulatory measure of the state,

30  county, municipality, or other political subdivision, or any

31  agency thereof, in which such property is located, as being

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 1  unsafe, substandard, unsanitary, or otherwise contrary to the

 2  public health, safety, morals, or welfare.

 3         (b)  The effect on the value of such property of any

 4  such use, condition, occupancy, or operation or of the

 5  elimination, abatement, prohibition, or correction of any such

 6  use, condition, occupancy, or operation.

 7         (3)  The foregoing testimony and evidence shall be

 8  admissible notwithstanding that no action has been taken by

 9  any public body or public officer toward the abatement,

10  prohibition, elimination, or correction of any such use,

11  condition, occupancy, or operation.  Testimony or evidence

12  that any public body or public officer charged with the duty

13  or authority so to do has rendered, made, or issued any

14  judgment, decree, determination, or order for the abatement,

15  prohibition, elimination, or correction of any such use,

16  condition, occupancy, or operation shall be admissible and

17  shall be prima facie evidence of the existence and character

18  of such use, condition, or operation.

19         Section 7.  Section 163.380, Florida Statutes, is

20  amended to read:

21         163.380  Disposal of property in community

22  redevelopment area.--

23         (1)  Any county, municipality, or community

24  redevelopment agency may sell, lease, dispose of, or otherwise

25  transfer real property or any interest therein acquired by it

26  for community redevelopment in a community redevelopment area

27  to any private person, or may retain such property for public

28  use, and may enter into contracts with respect thereto for

29  residential, recreational, commercial, industrial,

30  educational, or other uses, in accordance with the community

31  redevelopment plan, subject to such covenants, conditions, and

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 1  restrictions, including covenants running with the land, as it

 2  deems necessary or desirable to assist in preventing the

 3  development or spread of future slums or blighted areas or to

 4  otherwise carry out the purposes of this part. However, such

 5  sale, lease, other transfer, or retention, and any agreement

 6  relating thereto, may be made only after the approval of the

 7  community redevelopment plan by the governing body.  The

 8  purchasers or lessees and their successors and assigns shall

 9  be obligated to devote such real property only to the uses

10  specified in the community redevelopment plan and may be

11  obligated to comply with such other requirements as the

12  county, municipality, or community redevelopment agency may

13  determine to be in the public interest, including the

14  obligation to begin any improvements on such real property

15  required by the community redevelopment plan within a

16  reasonable time. Notwithstanding any provision to the contrary

17  in this subsection, any property acquired by the power of

18  eminent domain may not be transferred to private ownership

19  except as necessary to accomplish a purpose authorized under

20  s. 127.01(2) or s. 166.411.

21         (2)  Such real property or interest shall be sold,

22  leased, otherwise transferred, or retained at a value

23  determined to be in the public interest for uses in accordance

24  with the community redevelopment plan and in accordance with

25  such reasonable disposal procedures as any county,

26  municipality, or community redevelopment agency may prescribe;

27  however, any property acquired by the power of eminent domain

28  may not be transferred to private ownership except as

29  necessary to accomplish a purpose authorized under s.

30  127.01(2) or s. 166.411.  In determining the value of real

31  property as being in the public interest for uses in

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 1  accordance with the community redevelopment plan, the county,

 2  municipality, or community redevelopment agency shall take

 3  into account and give consideration to the long-term benefits

 4  to be achieved by the county, municipality, or community

 5  redevelopment agency resulting from incurring short-term

 6  losses or costs in the disposal of such real property; the

 7  uses provided in such plan; the restrictions upon, and the

 8  covenants, conditions, and obligations assumed by, the

 9  purchaser or lessee or by the county, municipality, or

10  community redevelopment agency retaining the property; and the

11  objectives of such plan for the prevention of the recurrence

12  of slum or blighted areas.  In the event the value of such

13  real property being disposed of is for less than the fair

14  value, such disposition shall require the approval of the

15  governing body, which approval may only be given following a

16  duly noticed public hearing.  The county, municipality, or

17  community redevelopment agency may provide in any instrument

18  of conveyance to a private purchaser or lessee that such

19  purchaser or lessee is without power to sell, lease, or

20  otherwise transfer the real property without the prior written

21  consent of the county, municipality, or community

22  redevelopment agency until the purchaser or lessee has

23  completed the construction of any or all improvements which he

24  or she has obligated himself or herself to construct thereon.

25  Real property acquired by the county, municipality, or

26  community redevelopment agency which, in accordance with the

27  provisions of the community redevelopment plan, is to be

28  transferred shall be transferred as rapidly as feasible in the

29  public interest, consistent with the carrying out of the

30  provisions of the community redevelopment plan. Any contract

31  for such transfer and the community redevelopment plan, or

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 1  such part or parts of such contract or plan as the county,

 2  municipality, or community redevelopment agency may determine,

 3  may be recorded in the land records of the clerk of the

 4  circuit court in such manner as to afford actual or

 5  constructive notice thereof.

 6         (3)(a)  Prior to disposition of any real property or

 7  interest therein in a community redevelopment area, any

 8  county, municipality, or community redevelopment agency shall

 9  give public notice of such disposition by publication in a

10  newspaper having a general circulation in the community, at

11  least 30 days prior to the execution of any contract to sell,

12  lease, or otherwise transfer real property and, prior to the

13  delivery of any instrument of conveyance with respect thereto

14  under the provisions of this section, invite proposals from,

15  and make all pertinent information available to, private

16  redevelopers or any persons interested in undertaking to

17  redevelop or rehabilitate a community redevelopment area or

18  any part thereof.  Such notice shall identify the area or

19  portion thereof and shall state that proposals must be made by

20  those interested within 30 days after the date of publication

21  of the notice and that such further information as is

22  available may be obtained at such office as is designated in

23  the notice.  The county, municipality, or community

24  redevelopment agency shall consider all such redevelopment or

25  rehabilitation proposals and the financial and legal ability

26  of the persons making such proposals to carry them out; and

27  the county, municipality, or community redevelopment agency

28  may negotiate with any persons for proposals for the purchase,

29  lease, or other transfer of any real property acquired by it

30  in the community redevelopment area.  The county,

31  municipality, or community redevelopment agency may accept

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 1  such proposal as it deems to be in the public interest and in

 2  furtherance of the purposes of this part.  Except in the case

 3  of a governing body acting as the agency, as provided in s.

 4  163.357, a notification of intention to accept such proposal

 5  must be filed with the governing body not less than 30 days

 6  prior to any such acceptance. Thereafter, the county,

 7  municipality, or community redevelopment agency may execute

 8  such contract in accordance with the provisions of subsection

 9  (1) and deliver deeds, leases, and other instruments and take

10  all steps necessary to effectuate such contract.

11         (b)  Any county, municipality, or community

12  redevelopment agency that, pursuant to the provisions of this

13  section, has disposed of a real property project with a land

14  area in excess of 20 acres may acquire an expanded area that

15  is immediately adjacent to the original project and less than

16  35 percent of the land area of the original project, by

17  purchase or eminent domain as provided in this chapter, and

18  negotiate a disposition of such expanded area directly with

19  the person who acquired the original project without complying

20  with the disposition procedures established in paragraph (a),

21  provided the county, municipality, or community redevelopment

22  agency adopts a resolution making the following findings:

23         1.  It is in the public interest to expand such real

24  property project to an immediately adjacent area.

25         2.  The expanded area is less than 35 percent of the

26  land area of the original project.

27         3.  The expanded area is entirely within the boundary

28  of the community redevelopment area.

29         (4)  Any county, municipality, or community

30  redevelopment agency may temporarily operate and maintain real

31  property acquired by it in a community redevelopment area for

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 1  or in connection with a community redevelopment plan pending

 2  the disposition of the property as authorized in this part,

 3  without regard to the provisions of subsection (1), for such

 4  uses and purposes as may be deemed desirable, even though not

 5  in conformity with the community redevelopment plan.

 6         (5)  If any conflict exists between the provisions of

 7  this section and s. 159.61, the provisions of this section

 8  govern and supersede those of s. 159.61.

 9         (6)  Notwithstanding any provision of this section, if

10  a community redevelopment area is established by the governing

11  body for the redevelopment of property located on a closed

12  military base within the governing body's boundaries, the

13  procedures for disposition of real property within that

14  community redevelopment area shall be prescribed by the

15  governing body, and compliance with the other provisions of

16  this section shall not be required prior to the disposal of

17  real property.

18         Section 8.  Section 166.401, Florida Statutes, is

19  amended to read:

20         166.401  Municipalities limited delegated power Right

21  of eminent domain.--

22         (1)  The power of eminent domain is preempted to the

23  state except as otherwise provided by law. All municipalities

24  in the state are delegated limited authority to may exercise

25  the right and power of eminent domain; that is, the right to

26  appropriate property within the state, except state or federal

27  property, for the uses or purposes authorized pursuant to this

28  part. However, no real property belonging to the United

29  States, the state, or any political subdivision of the state

30  may be acquired without its consent. The absolute fee simple

31  title to all property so taken and acquired shall vest in such

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 1  municipal corporation unless the municipality seeks to condemn

 2  a particular right or estate in such property. Property

 3  acquired by the power of eminent domain may not be transferred

 4  to private ownership except as necessary to accomplish a

 5  purpose authorized in this part.

 6         (2)  Each municipality is further authorized to

 7  exercise the eminent domain power granted by s. 337.27(1) to

 8  the Department of Transportation; by s. 337.273, relating to

 9  the protection of transportation corridors; and by s. 337.274,

10  relating to the right of entry onto property to the Department

11  of Transportation in s. 337.27(1) and the transportation

12  corridor protection provisions of s. 337.273.

13         (3)  When a municipality exercises the power of eminent

14  domain for an authorized use or purpose, it must do so in the

15  manner provided for in chapters 73 and 74.

16         (4)  The local governing body of a municipality may not

17  exercise its power of eminent domain unless the governing body

18  adopts a resolution authorizing the acquisition of a property,

19  real or personal, by eminent domain for any authorized

20  municipal use or purpose.

21         Section 9.  Section 166.411, Florida Statutes, is

22  amended to read:

23         166.411  Eminent domain; uses or

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

25  of eminent domain for the following uses or purposes:

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

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

28  filling, or other public improvement deemed necessary or

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

30  other good reason connected in anywise with the public welfare

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

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

 2  telephone and telegraph lines, all public and private streets

 3  and highways, drainage districts, bridge districts, school

 4  districts, or any other public or private lands whatsoever

 5  necessary to enable the accomplishment of purposes listed in

 6  s. 180.06;

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

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

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

10  order to promote sanitation and healthfulness, and for the

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

12  over and through the land of another;

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

14  wet, or overflowed, entirely or partly, altogether or at

15  times, or entirely or partly;

16         (7)  For the abatement of any nuisance;

17         (7)(8)  For the use of water pipes and for sewerage and

18  drainage purposes;

19         (8)(9)  For laying wires and conduits underground; and

20         (9)(10)  For city buildings, waterworks, and ponds.,

21  and other municipal purposes which shall be coextensive with

22  the powers of the municipality exercising the right of eminent

23  domain; and

24         Section 10.  This act shall apply to all pending

25  eminent proceedings and all pending appeals of eminent domain

26  proceedings.

27         Section 11.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises various provisions of law governing the exercise
      of the power of eminent domain by counties,
 4    municipalities, and community redevelopment agencies.
      Specifies that the power of eminent domain is preempted
 5    by the state except as otherwise provided by law.
      Prohibits the transfer of property to private ownership
 6    if it was acquired by the use of eminent domain. Requires
      that the governing body of a county or municipality adopt
 7    a resolution in order to exercise the power of eminent
      domain. Eliminates authorization for a municipality to
 8    use eminent domain to abate nuisances. (See bill for
      details.)
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