Senate Bill sb0574

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                   SB 574

    By Senator Lynn





    7-213-06

  1                      A bill to be entitled

  2         An act relating to a limitation on the exercise

  3         of the power of eminent domain; prohibiting,

  4         under certain conditions, a state agency,

  5         political subdivision, or corporation acting on

  6         behalf of a state agency or political

  7         subdivision from taking private property

  8         through the use of eminent domain; amending s.

  9         163.375, F.S.; limiting the exercise of eminent

10         domain authority by a county, municipality, or

11         community redevelopment agency under the

12         Community Redevelopment Act of 1969; providing

13         for admissibility and consideration of certain

14         evidence in proceedings relating to the

15         exercise of eminent domain under that act;

16         providing an effective date.

17  

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

19  

20         Section 1.  (1)  As used in this section, the term

21  "governmental entity" means a state agency, a political

22  subdivision, or a private corporation acting on behalf of a

23  state agency or political subdivision.

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

25  eminent domain otherwise conferred by law, may not take

26  private property for the purpose of:

27         (a)  Increasing its own tax base or the tax base of

28  another governmental entity; or

29         (b)  Reducing or eliminating blight or deterioration

30  unless the taking is necessary to remediate a danger to the

31  health and safety of the public which is a result of the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 574
    7-213-06




 1  condition of that property or structures, growth, or debris on

 2  that property.

 3         Section 2.  Section 163.375, Florida Statutes, is

 4  amended to read:

 5         163.375  Eminent domain.--

 6         (1)(a)  Notwithstanding any other provision of law, any

 7  county or municipality, or any community redevelopment agency

 8  pursuant to specific approval of the governing body of the

 9  county or municipality which established the agency, as

10  provided by any county or municipal ordinance may has the

11  right to acquire by condemnation any interest in real

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

13  necessary for, or in connection with, community redevelopment

14  and related activities under this part. Any county or

15  municipality, or any community redevelopment agency pursuant

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

17  municipality which established the agency, as provided by any

18  county or municipal ordinance may exercise the power of

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

20  and acts amendatory thereof or supplementary thereto, or it

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

22  which may be hereafter provided by any other statutory

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

24  When otherwise authorized under this subsection, property

25  devoted to a public use or property in unincorporated enclaves

26  surrounded by the boundaries of a community redevelopment area

27  may be acquired when it is determined necessary by the agency

28  to accomplish the community redevelopment plan. Property

29  already devoted to a public use may be acquired in like

30  manner. However, no real property belonging to the United

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 574
    7-213-06




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

 2  may not be acquired without its consent.

 3         (b)  In exercising the power of eminent domain or

 4  condemnation conferred by paragraph (a), a county,

 5  municipality, or community redevelopment agency may not take

 6  private property:

 7         1.  For the sole purpose of increasing its own tax base

 8  or the tax base of another governmental entity; or

 9         2.  Absent a determination by resolution of the

10  governing body that designated the community redevelopment

11  area, that the taking is necessary to remediate a danger to

12  the health and safety of the public, which danger is a result

13  of the condition of that property or the structures, growth,

14  or debris on or around that property. The resolution must be

15  adopted no earlier than 10 years before the day that any such

16  eminent domain or condemnation proceedings is initiated in

17  court.

18         (2)  In any proceeding to assess the propriety of

19  taking property, or any interest therein, through the exercise

20  of eminent domain or condemnation under this section or to fix

21  or assess compensation for damages for any such the taking of

22  property, or any interest therein, through the exercise of the

23  power of eminent domain or condemnation, evidence or testimony

24  bearing upon the following is matters shall be admissible and

25  shall be considered in assessing such propriety or in fixing

26  such compensation or damages in addition to evidence or

27  testimony otherwise admissible:

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

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

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

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 574
    7-213-06




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

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

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

 4  public health, safety, morals, or welfare.

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

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

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

 8  use, condition, occupancy, or operation.

 9         (3)  The foregoing testimony or and evidence described

10  in subsection (2) shall be considered in addition to evidence

11  or testimony otherwise admissible and is admissible

12  notwithstanding that no action has been taken by any public

13  body or public officer toward the abatement, prohibition,

14  elimination, or correction of any such use, condition,

15  occupancy, or operation.  Testimony or evidence that any

16  public body or public officer charged with the duty or

17  authority so to do has rendered, made, or issued any judgment,

18  decree, determination, or order for the abatement,

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

20  condition, occupancy, or operation is shall be admissible and

21  constitutes shall be prima facie evidence of the existence and

22  character of such use, condition, or operation.

23         Section 3.  This act shall take effect July 1, 2006.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Limits exercise of the power of eminent domain. Prohibits
      a state agency, political subdivision, or corporation
28    acting on behalf of a state agency or political
      subdivision from taking private property through the use
29    of eminent domain for specified purposes. Narrows the
      exercise of eminent-domain authority by a county,
30    municipality, or community redevelopment agency under the
      Community Redevelopment Act of 1969. Provides for
31    evidence in proceedings relating to the exercise of
      eminent domain under that act.
                                  4

CODING: Words stricken are deletions; words underlined are additions.