Senate Bill sb2168c1

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    Florida Senate - 2006                           CS for SB 2168

    By the Committee on Judiciary; and Senator King





    590-2196-06

  1                      A bill to be entitled

  2         An act relating to eminent domain; creating s.

  3         73.013, F.S.; restricting certain transfers of

  4         property taken by eminent domain to certain

  5         natural persons or private entities; amending

  6         s. 73.021, F.S.; clarifying the burden of proof

  7         for a petition of condemnation; providing that

  8         the prevention of slums and blight does not

  9         satisfy the requirement under the State

10         Constitution that a taking be for a public

11         purpose; amending s. 127.01, F.S.; preempting

12         the power of eminent domain to the state except

13         as otherwise delegated by general law or

14         special act; limiting the power of counties to

15         use eminent domain; requiring consent from

16         certain governmental entities in order to

17         acquire property; providing that the conveyance

18         of property acquired by eminent domain is

19         subject to certain restrictions; enumerating

20         certain authorized uses of eminent domain;

21         prescribing the manner by which a county may

22         exercise its power of eminent domain; amending

23         s. 127.02, F.S.; requiring that a board of

24         county commissioners adopt a resolution in

25         order to acquire a property through the use of

26         eminent domain; amending s. 163.335, F.S.;

27         removing eminent domain from the scope of

28         findings and declarations of necessity under

29         the Community Redevelopment Act; providing that

30         the prevention and elimination of slums and

31         blight does not satisfy the requirement under

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    Florida Senate - 2006                           CS for SB 2168
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 1         the State Constitution that a taking be for a

 2         public purpose; amending s. 163.340, F.S.;

 3         conforming a cross-reference; amending s.

 4         163.345, F.S.; prescribing limitations on the

 5         disposition of property related to certain

 6         efforts to encourage the participation of

 7         private enterprise in community redevelopment;

 8         amending s. 163.358, F.S.; clarifying the scope

 9         of the power of community redevelopment by a

10         county or municipality and the authority and

11         limitations on delegation to a community

12         redevelopment agency; prohibiting the

13         delegation of the power of eminent domain to a

14         community redevelopment agency; amending s.

15         163.370, F.S.; clarifying limitations on the

16         exercise of eminent domain in the context of

17         community redevelopment; deleting the authority

18         to delegate the power of eminent domain to a

19         community redevelopment agency; repealing s.

20         163.375, F.S., relating to the authority of a

21         county, municipality, or community

22         redevelopment agency to exercise the power of

23         eminent domain in connection with community

24         redevelopment for the purpose of preventing and

25         eliminating slums and blight; amending s.

26         163.380, F.S.; subjecting the disposal of

27         property acquired by eminent domain within a

28         community redevelopment area to certain

29         restrictions; eliminating the authority to use

30         eminent domain to acquire certain areas

31         adjacent to disposed property; amending s.

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    Florida Senate - 2006                           CS for SB 2168
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 1         166.401, F.S.; preempting the power of eminent

 2         domain to the state except as otherwise

 3         delegated by general law or special act;

 4         limiting the power of municipalities to use

 5         eminent domain; providing that the conveyance

 6         of property acquired by eminent domain is

 7         subject to certain restrictions; prescribing

 8         the manner for a municipality to exercise the

 9         power of eminent domain; requiring that the

10         governing body of a municipality adopt a

11         resolution in order to acquire a property

12         through the use of eminent domain; amending s.

13         166.411, F.S.; expanding the authority of a

14         municipality to use eminent domain for purposes

15         related to streets, lanes, alleys, and ways;

16         eliminating the authority of a municipality to

17         use eminent domain for the abatement of

18         nuisances; authorizing the use of eminent

19         domain for other uses and purposes of the same

20         or similar type as those specifically

21         enumerated; providing for application of the

22         act to petitions of condemnation filed on or

23         after the effective date of the act, with

24         certain exceptions; providing an effective

25         date.

26  

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

28  

29         Section 1.  Section 73.013, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2006                           CS for SB 2168
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 1         73.013  Conveyance of property taken by eminent

 2  domain.--

 3         (1)  Notwithstanding any other provision of law,

 4  including any charter provision, ordinance, statute, or

 5  special act, if the state, any political subdivision as

 6  defined in s. 1.01(8), or any other entity to which the power

 7  of eminent domain is delegated files a petition of

 8  condemnation on or after July 1, 2006, regarding a parcel of

 9  real property in this state, ownership, lease, or control of

10  property acquired pursuant to such petition may not be

11  conveyed by the condemning authority or any other entity to a

12  natural person or private entity, except that ownership,

13  lease, or control of property acquired pursuant to such

14  petition may be conveyed to a natural person or private

15  entity:

16         (a)  For use in providing common-carrier services or

17  systems;

18         (b)  For use as a road or other right-of-way or means

19  that is open to the public for transportation, whether at no

20  charge or by toll;

21         (c)  That is a public or private utility for use in

22  providing electricity services or systems, natural or

23  manufactured gas services or systems, water and wastewater

24  services or systems, stormwater or runoff services or systems,

25  sewer services or systems, pipeline facilities, telephone

26  services or systems, or similar services or systems;

27         (d)  For use in providing public infrastructure;

28         (e)  That occupies, pursuant to a lease, an incidental

29  part of a public property or a public facility for the purpose

30  of providing goods or services to the public;

31  

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 1         (f)  After public notice and competitive bidding unless

 2  otherwise provided by general law or special act, if the

 3  property was owned and controlled by the condemning authority

 4  or a governmental entity for less than 10 years after the

 5  condemning authority acquired title to the property, the

 6  condemning authority has shown that the property is no longer

 7  needed for the use or purpose for which it was acquired, and

 8  the owner from whom the property was taken by eminent domain

 9  was given the opportunity to repurchase the property at the

10  price he or she received from the condemning authority;

11         (g)  After public notice and competitive bidding unless

12  otherwise provided by general law or special act, if the

13  property was owned and controlled by the condemning authority

14  or a governmental entity for at least 10 years after the

15  condemning authority acquired title to the property; or

16         (h)  In accordance with subsection (2).

17         (2)  If ownership of property is conveyed to a natural

18  person or private entity pursuant to paragraph (1)(a),

19  paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or

20  paragraph (1)(e), and that natural person or private entity

21  retains ownership and control of the property for at least 10

22  years after acquiring title, the property may subsequently be

23  transferred, after public notice and competitive bidding

24  unless otherwise provided by general law or special act, to

25  another natural person or private entity without restriction.

26         Section 2.  Section 73.021, Florida Statutes, is

27  amended to read:

28         73.021  Petition; contents; burden of proof;

29  public-purpose limitation.--Those having the right to exercise

30  the power of eminent domain may file a petition therefor in

31  

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    Florida Senate - 2006                           CS for SB 2168
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 1  the circuit court of the county wherein the property lies,

 2  which petition shall set forth:

 3         (1)  The authority under which and the public use or

 4  purpose for which the property is to be acquired, and that the

 5  property is reasonably necessary for that public use or

 6  purpose. The condemning authority has the burden of showing

 7  reasonable necessity and a public purpose or use. The public

 8  interest must dominate any private gain. Notwithstanding any

 9  other provision of law, including any charter provision,

10  ordinance, statute, or special act, taking private property

11  for the prevention and elimination of slums and blight does

12  not satisfy the public-purpose requirement of s. 6(a), Art. X

13  of the State Constitution;

14         (2)  A description identifying the property sought to

15  be acquired. The petitioners may join in the same action all

16  properties involved in a planned project whether in the same

17  or different ownership, or whether or not the property is

18  sought for the same use;

19         (3)  The estate or interest in the property which the

20  petitioner intends to acquire;

21         (4)  The names, places of residence, legal

22  disabilities, if any, and interests in the property of all

23  owners, lessees, mortgagees, judgment creditors, and

24  lienholders, so far as ascertainable by diligent search, and

25  all unknown persons having an interest in the property when

26  the petitioner has been unable to ascertain the identity of

27  such persons by diligent search and inquiry.  If any interest

28  in the property, or lien thereon, belongs to the unsettled

29  estate of a decedent, the executor or administrator shall be

30  made a defendant without joining the devisee or heir; if a

31  trust estate, the trustee shall be made a defendant without

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    Florida Senate - 2006                           CS for SB 2168
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 1  joining the cestui que trust.  The court may appoint an

 2  administrator ad litem to represent the estate of a deceased

 3  person whose estate is not being administered, and a guardian

 4  ad litem for all defendants who are infants or are under other

 5  legal disabilities; and for defendants whose names or

 6  addresses are unknown.  A copy of the order of appointment

 7  shall be served on the guardian ad litem at least 10 days

 8  before trial unless he or she has entered an appearance;

 9         (5)  Whether any mobile home is located on the property

10  sought to be acquired and, if so, whether the removal of that

11  mobile home will be required.  If such removal shall be

12  required, the petition shall name the owners of each such

13  mobile home as defendants.  This subsection shall not apply to

14  any governmental authority exercising its power of eminent

15  domain when reasonable relocation or removal expenses must be

16  paid to mobile home owners under other provisions of law or

17  agency rule applicable to such exercise of power;.

18         (6)  A statement that the petitioner has surveyed and

19  located its line or area of construction, and intends in good

20  faith to construct the project on or over the described

21  property; and

22         (7)  A demand for relief that the property be condemned

23  and taken for the uses and purposes set forth in the petition,

24  and that the interest sought be vested in the petitioner.

25         Section 3.  Section 127.01, Florida Statutes, is

26  amended to read:

27         127.01  Counties limited delegated power of eminent

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

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

30  state except as otherwise provided by general law or special

31  act. Each county of the state is delegated limited authority

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    Florida Senate - 2006                           CS for SB 2168
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 1  to exercise the right and power of eminent domain; that is,

 2  the right to appropriate property, for the uses or purposes

 3  authorized under this section or as otherwise provided by

 4  general law or special act except state or federal, for any

 5  county purpose. However, no real property belonging to the

 6  United States, the state, or any political subdivision of the

 7  state may be acquired without its consent. The absolute fee

 8  simple title to all property so taken and acquired shall vest

 9  in such county unless the county seeks to condemn a particular

10  right or estate in such property. The conveyance of property

11  taken by eminent domain is subject to the limitations set

12  forth in s. 73.013.

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

14  eminent domain power granted to the Department of

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

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

17  onto property pursuant to s. 337.274.

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

19  eminent domain for the following uses or purposes:

20         (a)  For a scheme or plan of drainage, ditching,

21  grading, filling, or other similar public improvement, if such

22  scheme or plan is deemed necessary or expedient for:

23         1.  The preservation of the public health; or

24         2.  Other good reasons connected with the public

25  welfare of the county.

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

27  telephone and telegraph lines, all public and private streets

28  and highways, drainage districts, bridge districts, school

29  districts, or any other public or private lands whatsoever

30  necessary to enable a county or private company to accomplish

31  the following purposes:

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    Florida Senate - 2006                           CS for SB 2168
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 1         1.  To clean and improve street channels or other

 2  bodies of water for sanitary purposes;

 3         2.  To provide a means for the regulation of the flow

 4  of streams for sanitary purposes;

 5         3.  To provide water and alternative water supplies,

 6  including, but not limited to, reclaimed water and water from

 7  aquifer storage and recovery and desalination systems for

 8  domestic, county, or industrial uses;

 9         4.  To provide for the collection and disposal of

10  sewage, including wastewater reuse and other liquid wastes;

11         5.  To provide for the collection and disposal of

12  garbage;

13         6.  To construct reservoirs, sewerage systems, trunk

14  sewers, intercepting sewers, pumping stations, wells, siphons,

15  intakes, pipelines, distribution systems, purification works,

16  collection systems, or treatment and disposal works that are

17  incidental to such purposes and to enable the accomplishment

18  of such purposes;

19         7.  To construct airports, hospitals, jails, and golf

20  courses; to maintain, operate, and repair the same; and to

21  construct and operate in addition thereto all machinery and

22  equipment;

23         8.  To construct, operate, and maintain gas plants and

24  distribution systems for domestic, county, and industrial

25  uses; and

26         9.  To construct such other buildings and facilities as

27  may be required to properly and economically operate and

28  maintain the works necessary for fulfilling the purposes of

29  this paragraph.

30  

31  

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 1  However, a private company or county may not construct any

 2  system, work, project, or utility authorized to be constructed

 3  under this paragraph if a system, work, project, or utility of

 4  a similar character is being actually operated by a county,

 5  municipality, or private company in the county, municipality,

 6  or territory immediately adjacent thereto, unless such county,

 7  municipality, or private company consents to such

 8  construction. As used in this paragraph, the term "private

 9  company" means a company or corporation organized for the

10  purposes contained in this paragraph and duly authorized under

11  the laws of the state to construct or operate water works

12  systems, sewerage systems, sewage treatment works, or garbage

13  collection and garbage disposal plants.

14         (c)  For streets, roads, highways, bridges, sidewalks,

15  curbs, curb ramps, crosswalks, underpasses, and overpasses.

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.

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

27         (j)  For other uses or purposes of the same or similar

28  type as the uses or purposes enumerated in this subsection.

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

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

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

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

 2  right of entry onto property.

 3         (4)(2)  However, no county has the right to condemn any

 4  lands outside its own county boundaries for parks,

 5  playgrounds, recreational centers, or other recreational

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

 7  showing reasonable necessity for parks, playgrounds,

 8  recreational centers, or other types of recreational purposes

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

10  domain proceedings.

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

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

13  manner provided for in chapters 73 and 74.

14         Section 4.  Section 127.02, Florida Statutes, is

15  amended to read:

16         127.02  County commissioners may authorize acquirement

17  of property by eminent domain for a use or purpose authorized

18  by general law or special act.--The board of county

19  commissioners may not exercise its power of eminent domain

20  unless the board adopts a resolution authorizing the

21  acquisition, by resolution, authorize the acquirement by

22  eminent domain of a property, real or personal, by eminent

23  domain for any county use or purpose authorized by general law

24  or special act designated in such resolution.

25         Section 5.  Subsection (3) of section 163.335, Florida

26  Statutes, is amended to read:

27         163.335  Findings and declarations of necessity.--

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

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

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

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

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 1  public interest for the provisions herein enacted is hereby

 2  declared as a matter of legislative determination. However, it

 3  is found and declared that the prevention and elimination of

 4  slums and blight does not satisfy the public-purpose

 5  requirement of s. 6(a), Art. X of the State Constitution.

 6         Section 6.  Subsection (12) of section 163.340, Florida

 7  Statutes, is amended to read:

 8         163.340  Definitions.--The following terms, wherever

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

10         (12)  "Related activities" means:

11         (a)  Planning work for the preparation of a general

12  neighborhood redevelopment plan or for the preparation or

13  completion of a communitywide plan or program pursuant to s.

14  163.365.

15         (b)  The functions related to the acquisition and

16  disposal of real property pursuant to s. 163.370(4) s.

17  163.370(3).

18         (c)  The development of affordable housing for

19  residents of the area.

20         (d)  The development of community policing innovations.

21         Section 7.  Subsection (1) of section 163.345, Florida

22  Statutes, is amended to read:

23         163.345  Encouragement of private enterprise.--

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

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

26  this part, shall afford maximum opportunity, consistent with

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

28  the rehabilitation or redevelopment of the community

29  redevelopment area by private enterprise. Any county or

30  municipality shall give consideration to this objective in

31  exercising its powers under this part, including the

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 1  formulation of a workable program; the approval of community

 2  redevelopment plans, communitywide plans or programs for

 3  community redevelopment, and general neighborhood

 4  redevelopment plans (consistent with the general plan of the

 5  county or municipality); the development and implementation of

 6  community policing innovations; the exercise of its zoning

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

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

 9  buildings and improvements; the development of affordable

10  housing; the disposition of any property acquired, subject to

11  the limitations of s. 73.013; and the provision of necessary

12  public improvements.

13         Section 8.  Section 163.358, Florida Statutes, is

14  amended to read:

15         163.358  Exercise of powers in carrying out community

16  redevelopment and related activities.--Each county and

17  municipality has all powers necessary or convenient to carry

18  out and effectuate the purposes and provisions of this part,

19  including those powers granted under s. 163.370. A county or

20  municipality may delegate such powers to a community

21  redevelopment agency, created under s. 163.356, The community

22  redevelopment powers assigned to a community redevelopment

23  agency created under s. 163.356 include all the powers

24  necessary or convenient to carry out and effectuate the

25  purposes and provisions of this part, except the following,

26  which continue to vest in the governing body of the county or

27  municipality:

28         (1)  The power to determine an area to be a slum or

29  blighted area, or combination thereof; to designate such area

30  as appropriate for community redevelopment; and to hold any

31  public hearings required with respect thereto.

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 1         (2)  The power to grant final approval to community

 2  redevelopment plans and modifications thereof.

 3         (3)  The power to authorize the issuance of revenue

 4  bonds as set forth in s. 163.385.

 5         (4)  The power to approve the acquisition, demolition,

 6  removal, or disposal of property as provided in s. 163.370(4)

 7  s. 163.370(3) and the power to assume the responsibility to

 8  bear loss as provided in s. 163.370(4) s. 163.370(3).

 9         (5)  The power to approve the development of community

10  policing innovations.

11         (6)  The power of eminent domain.

12         Section 9.  Section 163.370, Florida Statutes, is

13  amended to read:

14         163.370  Powers; counties and municipalities; community

15  redevelopment agencies.--

16         (1)  The state does not delegate the power of eminent

17  domain to counties or municipalities for the purpose of

18  preventing and eliminating slums and blight under this part;

19  however, counties and municipalities may acquire property by

20  eminent domain within a community redevelopment area for

21  public uses and purposes as otherwise authorized by general

22  law or special act and as limited by s. 73.013.

23         (2)(1)  Every county and municipality shall have all

24  the powers necessary or convenient to carry out and effectuate

25  the purposes and provisions of this part, including the

26  following powers in addition to others herein granted:

27         (a)  To make and execute contracts and other

28  instruments necessary or convenient to the exercise of its

29  powers under this part.;

30         (b)  To disseminate slum clearance and community

31  redevelopment information.;

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 1         (c)  To undertake and carry out community redevelopment

 2  and related activities within the community redevelopment

 3  area, which redevelopment may include:

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

 5  portion thereof.

 6         2.  Demolition and removal of buildings and

 7  improvements.

 8         3.  Installation, construction, or reconstruction of

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

10  hotels that are constructed in support of convention centers,

11  including meeting rooms, banquet facilities, parking garages,

12  lobbies, and passageways, and other improvements necessary for

13  carrying out in the community redevelopment area the community

14  redevelopment objectives of this part in accordance with the

15  community redevelopment plan.

16         4.  Disposition of any property acquired in the

17  community redevelopment area at its fair value for uses in

18  accordance with the community redevelopment plan.

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

20  compulsory repair and rehabilitation of buildings or other

21  improvements in accordance with the community redevelopment

22  plan.

23         6.  Acquisition of real property in the community

24  redevelopment area which, under the community redevelopment

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

26  related facilities, repair or rehabilitation of the structures

27  for guidance purposes, and resale of the property.

28         7.  Acquisition of any other real property in the

29  community redevelopment area when necessary to eliminate

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

31  eliminate obsolete or other uses detrimental to the public

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

 2  blight or deterioration or to provide land for needed public

 3  facilities.

 4         8.  Acquisition, without regard to any requirement that

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

 6  consisting principally of land in highways, railway or subway

 7  tracks, bridge or tunnel entrances, or other similar

 8  facilities which have a blighting influence on the surrounding

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

10  the elimination of such blighting influences and for the

11  provision of housing (and related facilities and uses)

12  designed specifically for, and limited to, families and

13  individuals of low or moderate income.

14         9.  Acquisition of property in unincorporated enclaves

15  surrounded by the boundaries of a community redevelopment area

16  when it is determined necessary by the agency to accomplish

17  the community redevelopment plan. Property already devoted to

18  a public use may be acquired in like manner.

19         10.9.  Construction of foundations and platforms

20  necessary for the provision of air rights sites of housing

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

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

23  income.

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

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

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

27  public utilities, or other facilities for or in connection

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

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

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

31  deems reasonable and appropriate which are attached to federal

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 1  financial assistance and imposed pursuant to federal law

 2  relating to the determination of prevailing salaries or wages

 3  or compliance with labor standards, in the undertaking or

 4  carrying out of a community redevelopment and related

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

 6  with such redevelopment and related activities provisions to

 7  fulfill such of the conditions as it deems reasonable and

 8  appropriate.

 9         (e)  Within the community redevelopment area:

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

11  community redevelopment area in order to make inspections,

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

13  an order for this purpose from a court of competent

14  jurisdiction in the event entry is denied or resisted.

15         2.  To acquire by purchase, lease, option, gift, grant,

16  bequest, or devise, eminent domain, or otherwise any real

17  property (or personal property for its administrative

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

19  a community redevelopment agency may not exercise any power of

20  eminent domain unless the exercise has been specifically

21  approved by the governing body of the county or municipality

22  which established the agency.

23         3.  To hold, improve, clear, or prepare for

24  redevelopment any such property.

25         4.  To mortgage, pledge, hypothecate, or otherwise

26  encumber or dispose of any real property.

27         5.  To insure or provide for the insurance of any real

28  or personal property or operations of the county or

29  municipality against any risks or hazards, including the power

30  to pay premiums on any such insurance.

31  

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 1         6.  To enter into any contracts necessary to effectuate

 2  the purposes of this part.

 3         7.  To solicit requests for proposals for redevelopment

 4  of parcels of real property contemplated by a community

 5  redevelopment plan to be acquired for redevelopment purposes

 6  by a community redevelopment agency and, as a result of such

 7  requests for proposals, to advertise for the disposition of

 8  such real property to private persons pursuant to s. 163.380

 9  prior to acquisition of such real property by the community

10  redevelopment agency.

11         (f)  To invest any community redevelopment funds held

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

13  for immediate disbursement in property or securities in which

14  savings banks may legally invest funds subject to their

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

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

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

18  bonds so redeemed or purchased to be canceled.

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

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

21  financial assistance from the Federal Government or the state,

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

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

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

25  contracts or agreements in connection therewith; and to

26  include in any contract for financial assistance with the

27  Federal Government for or with respect to community

28  redevelopment and related activities such conditions imposed

29  pursuant to federal laws as the county or municipality deems

30  reasonable and appropriate which are not inconsistent with the

31  purposes of this part.

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

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

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

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

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

 6  include, but are not limited to:

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

 8  compulsory repair and rehabilitation of buildings and

 9  improvements.

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

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

12  and occupancy of buildings and improvements and to the

13  compulsory repair, rehabilitation, demolition, or removal of

14  buildings and improvements.

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

16  other plans and work necessary to prepare for the undertaking

17  of community redevelopment and related activities.

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

19  techniques, and carry out demonstrations and other activities,

20  for the prevention and the elimination of slums and urban

21  blight and developing and demonstrating new or improved means

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

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

24  from the Federal Government for such purposes.

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

26  of persons (including individuals, families, business

27  concerns, nonprofit organizations, and others) displaced from

28  a community redevelopment area and to make relocation payments

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

30  losses of property for which reimbursement or compensation is

31  

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 1  not otherwise made, including the making of such payments

 2  financed by the Federal Government.

 3         (l)  To appropriate such funds and make such

 4  expenditures as are necessary to carry out the purposes of

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

 6  municipality or make exceptions from building regulations; and

 7  to enter into agreements with a housing authority, which

 8  agreements may extend over any period, notwithstanding any

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

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

11  powers granted by this part.

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

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

14  part of the county or municipality.

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

16  coordinate, and direct the administration of the provisions of

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

18  in order that the objective of remedying slum and blighted

19  areas and preventing the causes thereof within such county or

20  municipality may be most effectively promoted and achieved and

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

22  municipality or to reorganize existing offices in order to

23  carry out such purpose most effectively.

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

25  powers herein granted or to elect to have such powers

26  exercised by a community redevelopment agency.

27         (o)(p)  To develop and implement community policing

28  innovations.

29         (3)(2)  The following projects may not be paid for or

30  financed by increment revenues:

31  

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 1         (a)  Construction or expansion of administrative

 2  buildings for public bodies or police and fire buildings,

 3  unless each taxing authority agrees to such method of

 4  financing for the construction or expansion, or unless the

 5  construction or expansion is contemplated as part of a

 6  community policing innovation.

 7         (b)  Installation, construction, reconstruction,

 8  repair, or alteration of any publicly owned capital

 9  improvements or projects which are not an integral part of or

10  necessary for carrying out the community redevelopment plan if

11  such projects or improvements are normally financed by the

12  governing body with user fees or if such projects or

13  improvements would be installed, constructed, reconstructed,

14  repaired, or altered within 3 years of the approval of the

15  community redevelopment plan by the governing body pursuant to

16  a previously approved public capital improvement or project

17  schedule or plan of the governing body which approved the

18  community redevelopment plan.

19         (c)  General government operating expenses unrelated to

20  the planning and carrying out of a community redevelopment

21  plan.

22         (4)(3)  With the approval of the governing body, a

23  community redevelopment agency may:

24         (a)  Prior to approval of a community redevelopment

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

26  real property in a community redevelopment area, demolish and

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

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

29  any administrative or relocation expenses.

30         (b)  Assume the responsibility to bear any loss that

31  may arise as the result of the exercise of authority under

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 1  this subsection, in the event that the real property is not

 2  made part of the community redevelopment area.

 3         Section 10.  Section 163.375, Florida Statutes, is

 4  repealed.

 5         Section 11.  Section 163.380, Florida Statutes, is

 6  amended to read:

 7         163.380  Disposal of property in community

 8  redevelopment area.--The disposal of property in a community

 9  redevelopment area which is acquired by eminent domain is

10  subject to the limitations set forth in s. 73.013.

11         (1)  Any county, municipality, or community

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

13  transfer real property or any interest therein acquired by it

14  for community redevelopment in a community redevelopment area

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

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

17  residential, recreational, commercial, industrial,

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

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

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

21  deems necessary or desirable to assist in preventing the

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

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

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

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

26  community redevelopment plan by the governing body.  The

27  purchasers or lessees and their successors and assigns shall

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

29  specified in the community redevelopment plan and may be

30  obligated to comply with such other requirements as the

31  county, municipality, or community redevelopment agency may

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 1  determine to be in the public interest, including the

 2  obligation to begin any improvements on such real property

 3  required by the community redevelopment plan within a

 4  reasonable time.

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

 6  leased, otherwise transferred, or retained at a value

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

 8  with the community redevelopment plan and in accordance with

 9  such reasonable disposal procedures as any county,

10  municipality, or community redevelopment agency may prescribe.

11  In determining the value of real property as being in the

12  public interest for uses in accordance with the community

13  redevelopment plan, the county, municipality, or community

14  redevelopment agency shall take into account and give

15  consideration to the long-term benefits to be achieved by the

16  county, municipality, or community redevelopment agency

17  resulting from incurring short-term losses or costs in the

18  disposal of such real property; the uses provided in such

19  plan; the restrictions upon, and the covenants, conditions,

20  and obligations assumed by, the purchaser or lessee or by the

21  county, municipality, or community redevelopment agency

22  retaining the property; and the objectives of such plan for

23  the prevention of the recurrence of slum or blighted areas. In

24  the event the value of such real property being disposed of is

25  for less than the fair value, such disposition shall require

26  the approval of the governing body, which approval may only be

27  given following a duly noticed public hearing. The county,

28  municipality, or community redevelopment agency may provide in

29  any instrument of conveyance to a private purchaser or lessee

30  that such purchaser or lessee is without power to sell, lease,

31  or otherwise transfer the real property without the prior

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 1  written consent of the county, municipality, or community

 2  redevelopment agency until the purchaser or lessee has

 3  completed the construction of any or all improvements which he

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

 5  Real property acquired by the county, municipality, or

 6  community redevelopment agency which, in accordance with the

 7  provisions of the community redevelopment plan, is to be

 8  transferred shall be transferred as rapidly as feasible in the

 9  public interest, consistent with the carrying out of the

10  provisions of the community redevelopment plan. Any contract

11  for such transfer and the community redevelopment plan, or

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

13  municipality, or community redevelopment agency may determine,

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

15  circuit court in such manner as to afford actual or

16  constructive notice thereof.

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

18  interest therein in a community redevelopment area, any

19  county, municipality, or community redevelopment agency shall

20  give public notice of such disposition by publication in a

21  newspaper having a general circulation in the community, at

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

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

24  delivery of any instrument of conveyance with respect thereto

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

26  and make all pertinent information available to, private

27  redevelopers or any persons interested in undertaking to

28  redevelop or rehabilitate a community redevelopment area or

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

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

31  those interested within 30 days after the date of publication

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 1  of the notice and that such further information as is

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

 3  the notice. The county, municipality, or community

 4  redevelopment agency shall consider all such redevelopment or

 5  rehabilitation proposals and the financial and legal ability

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

 7  the county, municipality, or community redevelopment agency

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

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

10  in the community redevelopment area. The county, municipality,

11  or community redevelopment agency may accept such proposal as

12  it deems to be in the public interest and in furtherance of

13  the purposes of this part. Except in the case of a governing

14  body acting as the agency, as provided in s. 163.357, a

15  notification of intention to accept such proposal must be

16  filed with the governing body not less than 30 days prior to

17  any such acceptance. Thereafter, the county, municipality, or

18  community redevelopment agency may execute such contract in

19  accordance with the provisions of subsection (1) and deliver

20  deeds, leases, and other instruments and take all steps

21  necessary to effectuate such contract.

22         (b)  Any county, municipality, or community

23  redevelopment agency that, pursuant to the provisions of this

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

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

26  is immediately adjacent to the original project and less than

27  35 percent of the land area of the original project, by

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

29  negotiate a disposition of such expanded area directly with

30  the person who acquired the original project without complying

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

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 1  provided the county, municipality, or community redevelopment

 2  agency adopts a resolution making the following findings:

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

 4  property project to an immediately adjacent area.

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

 6  land area of the original project.

 7         3.  The expanded area is entirely within the boundary

 8  of the community redevelopment area.

 9         (4)  Any county, municipality, or community

10  redevelopment agency may temporarily operate and maintain real

11  property acquired by it in a community redevelopment area for

12  or in connection with a community redevelopment plan pending

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

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

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

16  in conformity with the community redevelopment plan.

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

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

19  govern and supersede those of s. 159.61.

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

21  a community redevelopment area is established by the governing

22  body for the redevelopment of property located on a closed

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

24  procedures for disposition of real property within that

25  community redevelopment area shall be prescribed by the

26  governing body, and compliance with the other provisions of

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

28  real property.

29         Section 12.  Section 166.401, Florida Statutes, is

30  amended to read:

31  

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 1         166.401  Municipalities limited delegated power Right

 2  of eminent domain.--

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

 4  state except as otherwise provided by general law or special

 5  act. All municipalities in the state are delegated limited

 6  authority to may exercise the right and power of eminent

 7  domain; that is, the right to appropriate property within the

 8  state, except state or federal property, for the uses or

 9  purposes authorized pursuant to this part or as otherwise

10  provided by general law or special act. However, no real

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

12  political subdivision of the state may be acquired without its

13  consent. The absolute fee simple title to all property so

14  taken and acquired shall vest in such municipal corporation

15  unless the municipality seeks to condemn a particular right or

16  estate in such property. The conveyance of property taken by

17  eminent domain is subject to the limitations set forth in s.

18  73.013.

19         (2)  Each municipality is further authorized to

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

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

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

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

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

25  corridor protection provisions of s. 337.273.

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

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

28  manner provided for in chapters 73 and 74.

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

30  exercise its power of eminent domain unless the governing body

31  adopts a resolution authorizing the acquisition of a property,

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 1  real or personal, by eminent domain for any authorized

 2  municipal use or purpose.

 3         Section 13.  Section 166.411, Florida Statutes, is

 4  amended to read:

 5         166.411  Eminent domain; uses or

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

 7  of eminent domain for the following uses or purposes:

 8         (1)  For a scheme or plan of drainage, ditching,

 9  grading, filling, or other similar public improvement, if such

10  scheme or plan is deemed necessary or expedient for:

11         (a)  The preservation of the public health; or

12         (b)  Other good reasons connected with the public

13  welfare of the municipality. For the proper and efficient

14  carrying into effect of any proposed scheme or plan of

15  drainage, ditching, grading, filling, or other public

16  improvement deemed necessary or expedient for the preservation

17  of the public health, or for other good reason connected in

18  anywise with the public welfare or the interests of the

19  municipality and the people thereof;

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

21  telephone and telegraph lines, all public and private streets

22  and highways, drainage districts, bridge districts, school

23  districts, or any other public or private lands whatsoever

24  necessary to enable the accomplishment of purposes listed in

25  s. 180.06.;

26         (3)  For streets, roads, highways, bridges, sidewalks,

27  curbs, curb ramps, crosswalks, underpasses, and overpasses.

28  For streets, lanes, alleys, and ways;

29         (4)  For public parks, squares, and grounds.;

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

31  order to promote sanitation and healthfulness, and for the

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

 2  over and through the land of another.;

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

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

 5  times., or entirely or partly;

 6         (7)  For the abatement of any nuisance;

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

 8  drainage purposes.;

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

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

11  and other municipal purposes which shall be coextensive with

12  the powers of the municipality exercising the right of eminent

13  domain; and

14         (10)  For other uses or purposes of the same or similar

15  type as the enumerated uses or purposes in this section.

16         Section 14.  This act does not apply to property for

17  which a petition of condemnation is filed under the authority

18  of the Community Redevelopment Act of 1969 on or before

19  September 30, 2006, if the following conditions are met:

20         (1)  The parcel to be acquired is located within the

21  boundaries of a community redevelopment area, created pursuant

22  to s. 163.356, Florida Statutes, which exists as of March 7,

23  2006; and

24         (2)  The notice and written offer, as evidenced by the

25  return receipt required pursuant to s. 73.015(1)(c), Florida

26  Statutes, were given to the fee owner of the parcel to be

27  acquired after September 7, 2005, and before March 7, 2006.

28         Section 15.  Except as otherwise expressly provided in

29  this act, this act shall take effect July 1, 2006, and applies

30  to all property for which a petition of condemnation is filed

31  

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 1  pursuant to chapter 73, Florida Statutes, on or after that

 2  date.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2168

 6                                 

 7  Creates a new section of Florida Statutes that provides,
    notwithstanding any other provision of law, for limitations on
 8  the conveyance of property acquired by eminent domain with
    certain exceptions, including an exception to deal with
 9  disposition of surplus property.

10  Clarifies that the condemning authority has the burden of
    showing reasonable necessity and a public purpose or use.
11  
    Provides in a general eminent domain statue that the
12  prevention and elimination of slums and blight does not
    satisfy the public purpose requirement of the Takings Clause
13  of the State Constitution.

14  Expands the enumerated list of authorized public purposes or
    uses in the general eminent domain statute for counties to
15  substantially conform it to the authorized public purposes or
    uses in the general eminent domain statute for municipalities.
16  
    Clarifies in the "powers" section of the Community
17  Redevelopment Act that eminent domain may be exercised for the
    traditional-type uses and purposes authorized by law within a
18  community redevelopment area, but it may not be delegated to a
    community redevelopment agency.
19  
    Repeals the "Eminent Domain" section of the Community
20  Redevelopment Act.

21  Provides that the act will take effect July 1, 2006, and
    applies to all property for which a petition of condemnation
22  is filed on or after that date with certain exceptions.

23  

24  

25  

26  

27  

28  

29  

30  

31  

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