Senate Bill sb2440

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    Florida Senate - 2006                                  SB 2440

    By Senator Dawson





    29-1100A-06

  1                      A bill to be entitled

  2         An act relating to limitations on the exercise

  3         of the power of eminent domain; requiring a

  4         finding of blight prior to use of the power of

  5         eminent domain by a state agency, political

  6         subdivision, or corporation acting on behalf of

  7         a state agency or political subdivision;

  8         limiting the circumstances under which a state

  9         agency, political subdivision, or corporation

10         acting on behalf of a state agency or political

11         subdivision may use eminent domain to take

12         private property that is used as a residence or

13         business and convert it to another private

14         residential, commercial, or industrial use;

15         requiring that the owner of residential

16         property be compensated for relocation costs or

17         that the resident of such property be provided

18         with housing assistance and job training;

19         prohibiting such taking if the property that

20         would be converted is in use by a business that

21         has previously relocated due to an eminent

22         domain proceeding; requiring that property upon

23         which a small business is operating may not be

24         taken and converted for use as another business

25         in the same line of work; requiring that

26         residential or business property may not be

27         taken for the purpose of conversion to another

28         private use that involves the use of public

29         funds for economic development or

30         redevelopment; limiting the percentage of

31         private property which may be taken within a

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    Florida Senate - 2006                                  SB 2440
    29-1100A-06




 1         zip code if such property is used as a

 2         residence by an elderly person or a person

 3         whose income is at or below the federal poverty

 4         level; requiring that a contract to redevelop

 5         private property taken by a governmental entity

 6         be awarded to a minority business; providing an

 7         effective date.

 8  

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

10  

11         Section 1.  Limitations on the exercise of the power of

12  eminent domain.--

13         (1)  As used in this section, the term "governmental

14  entity" means a state agency, a political subdivision, or a

15  corporation acting on behalf of a state agency or political

16  subdivision.

17         (2)  A governmental entity, in exercising the power of

18  eminent domain otherwise conferred by law may not take private

19  property without first showing that such property is blighted.

20  As used in this subsection, the term "blighted" means the

21  property is dangerous to the health and safety of the public

22  as a result of the condition of the property or structures

23  upon it, or of growth or debris on the property.

24         (3)  A governmental entity, in exercising the power of

25  eminent domain otherwise conferred by law, may not take

26  private property that is being used as a residence or a

27  business and convert that property to another private

28  residential, commercial, or industrial use, including, but not

29  limited to, an office or a retail business, unless:

30         (a)  If the property is the residence of its owner, the

31  governmental entity pays the owner as compensation for

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    Florida Senate - 2006                                  SB 2440
    29-1100A-06




 1  relocation costs an amount that is 125 percent more than the

 2  median price for comparable homes based on a currently valid

 3  comparable market analysis and property appraisal.

 4         (b)  If the property is the residence of a person that

 5  is not the owner, the governmental entity provides, or

 6  arranges for another governmental entity having expertise in

 7  providing housing or financing housing to provide, to each

 8  person using the property as a residence assistance in:

 9         1.  Buying a home, including provision of a grant,

10  loan, or other financial assistance and counseling in

11  financial planning; and

12         2.  Developing labor skills or finding employment in

13  the area where such person relocates due to the taking.

14         (c)  If the property is a business, that same business

15  has not been previously relocated as a result of an eminent

16  domain proceeding by a government entity.

17         (d)  If the property is a small business, the other use

18  to which the property is converted is not another business

19  engaged in the same line of work as that small business. As

20  used in this paragraph, the term "small business" has the same

21  meaning as in s. 288.703, Florida Statutes.

22  

23  Public funds granted, loaned, or otherwise provided by a

24  federal or state program to support economic development or

25  redevelopment, including, but not limited to, community

26  development block grants, may not be used to develop the other

27  private residential, commercial, or industrial use.

28         (4)  No more than 5 percent of the private property

29  within a zip code which is taken by a governmental entity

30  under subsection (2) may, at the time of the taking:

31  

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    Florida Senate - 2006                                  SB 2440
    29-1100A-06




 1         (a)  Be used as a residence by a person who is 55 years

 2  of age or older.

 3         (b)  Be owned by a person whose income is at or below

 4  the federal poverty level.

 5         (5)  Each contract to redevelop property taken by a

 6  governmental entity under subsection (2) for another

 7  residential, commercial, or industrial use must be awarded,

 8  pursuant to a procurement process, to a small business at

 9  least 51 percent of which is owned by a minority individual or

10  a woman.

11         Section 2.  This act shall take effect July 1, 2006.

12  

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14                          SENATE SUMMARY

15    Limits the exercise of the power of eminent domain by a
      state agency, political subdivision, or corporation
16    acting on behalf of a state agency or political
      subdivision. Requires a finding of blight prior to a
17    taking. Prohibits a taking that converts private property
      that is used as a residence or business to a residential,
18    commercial, or industrial use unless various conditions
      are met, such as providing additional financial
19    compensation and relocation assistance, avoiding takings
      that unduly affect existing businesses, minimizing the
20    effects on elderly or impoverished persons, providing for
      the appropriate expenditure of public economic
21    development or redevelopment funds, or awarding
      redevelopment contracts to minority-owned businesses.
22    (See bill for details.)

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