HB 1567

1	A bill to be entitled
2	An act relating to eminent domain; creating s. 73.013,
3	F.S.; restricting certain transfers of property taken by
4	eminent domain to certain natural persons or private
5	entities; amending s. 163.335, F.S.; providing legislative
6	findings and declarations; amending s. 163.355, F.S.;
7	requiring disclosure of eminent domain authority in
8	resolutions finding slum or blight conditions; providing
9	for notice to property owners and business owners or
10	lessees and requirements therefor; providing for hearings
11	and advertising requirements therefor; amending s.
12	163.358, F.S.; providing that the power of eminent domain
13	does not vest in a community redevelopment agency but
14	rather with the governing body of a county or
15	municipality; amending s. 163.360, F.S.; requiring
16	disclosure of eminent domain authority in community
17	redevelopment plans; amending s. 163.370, F.S.; revising
18	powers of community redevelopment agencies with respect to
19	the acquisition of real property; amending s. 163.375,
20	F.S.; revising eminent domain authority and procedures;
21	amending ss. 127.01 and 127.02, F.S.; requiring county
22	compliance with eminent domain limitations; amending ss.
23	166.401 and 166.411, F.S.; requiring municipal compliance
24	with eminent domain limitations; providing application;
25	providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 73.013, Florida Statutes, is created to
30	read:
31	73.013  Conveyance of property taken by eminent domain.--
32	(1)  Notwithstanding any other provision of law, including
33	any charter provision, ordinance, statute, or special law, if
34	the state, any political subdivision as defined in s. 1.01(8),
35	or any other entity to which the power of eminent domain is
36	delegated files a petition of taking on or after July 1, 2006,
37	regarding a parcel of real property in this state, ownership or
38	control of property acquired pursuant to such petition may not
39	be conveyed by the condemning authority or any other entity to a
40	natural person or private entity, except that ownership or
41	control of property acquired pursuant to such petition may be
42	conveyed to:
43	(a)  A natural person or private entity for use in
44	providing common carrier services or systems;
45	(b)  A natural person or private entity for use as a road
46	or other right-of-way or means open to the public for
47	transportation, whether at no charge or by toll;
48	(c)  A natural person or private entity that is a public or
49	private utility for use in providing electricity services or
50	systems, natural or manufactured gas services or systems, water
51	and wastewater services or systems, stormwater or runoff
52	services or systems, sewer services or systems, pipeline
53	facilities, telephone services or systems, or similar services
54	or systems;
55	(d)  A natural person or private entity for use in
56	providing public infrastructure;
57	(e)  A natural person or private entity that occupies,
58	pursuant to a lease, an incidental part of a public property or
59	a public facility for the purpose of providing goods or services
60	to the public;
61	(f)  A natural person or private entity if the property was
62	taken pursuant to s. 163.375;
63	(g)  A natural person or private entity if the property was
64	owned and controlled by the condemning authority or a
65	governmental entity for at least 5 years after the condemning
66	authority acquired title to the property; or
67	(h)  A natural person or private entity in accordance with
68	subsection (2).
69	(2)  If ownership of property is conveyed to a natural
70	person or private entity pursuant to paragraph (1)(a), (b), (c),
71	(d), (e), or (f), and that natural person or private entity
72	retains ownership and control of the property for at least 5
73	years after acquiring title, the property may subsequently be
74	transferred to another natural person or private entity without
75	restriction.
76	Section 2.  Subsection (3) of section 163.335, Florida
77	Statutes, is amended, and subsection (7) is added to that
78	section, to read:
79	163.335  Findings and declarations of necessity.--
80	(3)  It is further found and declared that the powers
81	conferred by this part are for public uses and purposes for
82	which public money may be expended, the police power exercised,
83	and the power of eminent domain exercised subject to the
84	limitations in s. 163.375 and the power of eminent domain and
85	police power exercised, and the necessity in the public interest
86	for the provisions herein enacted is hereby declared as a matter
87	of legislative determination.
88	(7)  It is further found that the prevention or elimination
89	of a "slum area" or "blighted area" as defined in this part and
90	the preservation or enhancement of the tax base are not public
91	uses or purposes for which private property may be taken by
92	eminent domain.
93	Section 3.  Section 163.355, Florida Statutes, is amended
94	to read:
95	163.355  Finding of necessity by county or municipality.--
96	(1)  No county or municipality shall exercise the community
97	redevelopment authority conferred by this part until after the
98	governing body has adopted a resolution, supported by data and
99	analysis, which makes a legislative finding that the conditions
100	in the area meet the criteria described in s. 163.340(7) or (8).
101	The resolution must state that:
102	(a)(1)  One or more slum or blighted areas, or one or more
103	areas in which there is a shortage of housing affordable to
104	residents of low or moderate income, including the elderly,
105	exist in such county or municipality; and
106	(b)(2)  The rehabilitation, conservation, or redevelopment,
107	or a combination thereof, of such area or areas, including, if
108	appropriate, the development of housing which residents of low
109	or moderate income, including the elderly, can afford, is
110	necessary in the interest of the public health, safety, morals,
111	or welfare of the residents of such county or municipality.
112	(2)  A resolution finding slum or blight conditions must
113	indicate that property within the community redevelopment area
114	may be subject to taking by eminent domain pursuant to s.
115	163.375. In the alternative, the county or municipality may
116	explicitly state in the resolution that the power of eminent
117	domain provided under s. 163.375 will not be exercised by the
118	county or municipality within the community redevelopment area.
119	A county or municipality is not required to provide notice in
120	accordance with subsections (3) and (4) if the resolution
121	finding slum or blight conditions, as proposed and adopted by
122	the county or municipality, expressly declares that the power of
123	eminent domain provided under s. 163.375 will not be exercised
124	by the county or municipality within the community redevelopment
125	area.
126	(3)  At least 30 days prior to the first public hearing at
127	which a proposed resolution finding slum or blight conditions
128	will be considered by a county or municipality, actual notice of
129	the public hearing must be mailed via first class mail to each
130	real property owner whose property may be included within the
131	community redevelopment area and to each business owner,
132	including a lessee, who operates a business located on property
133	that may be included within the community redevelopment area.
134	(a)  Notice must be sent to each owner of real property
135	that may be included within the community redevelopment area at
136	the owner's last known address as listed on the county ad
137	valorem tax roll. Alternatively, the notice may be personally
138	delivered to a property owner. If there is more than one owner
139	of a property, notice to one owner constitutes notice to all
140	owners of the property. The return of the notice as
141	undeliverable by the postal authorities constitutes compliance
142	with this subsection. The condemning authority is not required
143	to give notice to a person who acquires title to property after
144	the notice required by this subsection has been given.
145	(b)  Notice must be sent to the address of the registered
146	agent for the business located on the property or, if no agent
147	is registered, by certified mail or personal delivery to the
148	address of the business located on the property. Notice to one
149	owner of a multiple ownership business constitutes notice to all
150	owners of that business. The return of the notice as
151	undeliverable by the postal authorities constitutes compliance
152	with this subsection. The condemning authority is not required
153	to give notice to a person who acquires an interest in a
154	business after the notice required by this subsection has been
155	given.
156	(c)  At a minimum, the mailed notice required by paragraphs
157	(a) and (b) must:
158	1.  Generally explain the purpose, effect, and substance of
159	the proposed resolution;
160	2.  Indicate that private property within the proposed
161	redevelopment area may be subject to taking by eminent domain if
162	the current condition of the property poses an existing threat
163	to the public health or public safety that is likely to continue
164	absent the exercise of eminent domain;
165	3.  Indicate that private-to-private transfers of property
166	may occur;
167	4.  Contain a geographic location map that clearly
168	indicates the area covered by the resolution, including major
169	street names as a means of identification of the general area;
170	5.  Provide the dates, times, and locations of future
171	public hearings during which the resolution may be considered;
172	6.  Identify the place or places within the county or
173	municipality at which the resolution may be inspected by the
174	public;
175	7.  Indicate that the property owner may file written
176	objections with the local governing board prior to any public
177	hearing on the resolution; and
178	8.  Indicate that interested parties may appear and be
179	heard at all public hearings at which the resolution will be
180	considered.
181	(4)  In addition to mailing notice to property owners, the
182	county or municipality must conduct at least two advertised
183	public hearings prior to adoption of the proposed resolution. At
184	least one hearing must be held after 5 p.m. on a weekday, unless
185	the governing body, by a majority plus one vote, elects to
186	conduct the hearing at another time of day. The first public
187	hearing must be held at least 7 days after the day the first
188	advertisement is published. The second hearing must be held at
189	least 10 days after the first hearing and must be advertised at
190	least 5 days prior to the public hearing. The required
191	advertisements must be no less than 2 columns wide by 10 inches
192	long in a standard size or a tabloid size newspaper, and the
193	headline in the advertisement must be in a type no smaller than
194	18 point. The advertisement must not be placed in that portion
195	of the newspaper where legal notices and classified
196	advertisements appear and must be placed in a newspaper of
197	general paid circulation rather than one of limited subject
198	matter. Whenever possible, the advertisement must appear in a
199	newspaper that is published at least 5 days a week unless the
200	only newspaper in the community is published fewer than 5 days a
201	week. At a minimum, the advertisement must:
202	(a)  Generally explain the substance and effect of the
203	resolution;
204	(b)  Include a statement indicating that private property
205	within the proposed redevelopment area may be subject to taking
206	by eminent domain if the current condition of the property poses
207	an existing threat to the public health or public safety that is
208	likely to continue absent the exercise of eminent domain;
209	(c)  Provide the date, time, and location of the meeting;
210	(d)  Identify the place or places within the county or
211	municipality at which the resolution may be inspected by the
212	public;
213	(e)  Contain a geographic location map that clearly
214	indicates the area covered by the resolution, including major
215	street names as a means of identification of the general area;
216	(f)  Indicate that any interested party may file written
217	objections with the local governing board prior to the public
218	hearing; and
219	(g)  Indicate that any interested party may appear and be
220	heard at the public hearing.
221	Section 4.  Subsection (6) is added to section 163.358,
222	Florida Statutes, to read:
223	163.358  Exercise of powers in carrying out community
224	redevelopment and related activities.--The community
225	redevelopment powers assigned to a community redevelopment
226	agency created under s. 163.356 include all the powers necessary
227	or convenient to carry out and effectuate the purposes and
228	provisions of this part, except the following, which continue to
229	vest in the governing body of the county or municipality:
230	(6)  The power of eminent domain.
231	Section 5.  Paragraph (d) is added to subsection (2) of
232	section 163.360, Florida Statutes, to read:
233	163.360  Community redevelopment plans.--
234	(2)  The community redevelopment plan shall:
235	(d)  Indicate that real property within the community
236	redevelopment area may be subject to taking by eminent domain
237	pursuant to s. 163.375. If consistent with the resolution
238	finding slum or blight conditions, the plan must indicate that
239	the power of eminent domain provided under s. 163.375 will not
240	be exercised by the county or municipality within the community
241	redevelopment area.
242	Section 6.  Paragraph (o) of subsection (1) and paragraph
243	(a) of subsection (3) of section 163.370, Florida Statutes, are
244	amended to read:
245	163.370  Powers; counties and municipalities; community
246	redevelopment agencies.--
247	(1)  Every county and municipality shall have all the
248	powers necessary or convenient to carry out and effectuate the
249	purposes and provisions of this part, including the following
250	powers in addition to others herein granted:
251	(o)  To exercise all or any part or combination of powers
252	herein granted or to elect to have such powers exercised by a
253	community redevelopment agency; however, the power of eminent
254	domain shall not be exercised by a community redevelopment
255	agency.
256	(3)  With the approval of the governing body, a community
257	redevelopment agency may:
258	(a)  Prior to approval of a community redevelopment plan or
259	approval of any modifications of the plan, acquire real property
260	in a community redevelopment area by purchase, lease, option,
261	gift, grant, bequest, devise, or other voluntary method of
262	acquisition, demolish and remove any structures on the property,
263	and pay all costs related to the acquisition, demolition, or
264	removal, including any administrative or relocation expenses.
265	Section 7.  Section 163.375, Florida Statutes, is amended
266	to read:
267	163.375  Eminent domain.--
268	(1)  After the community redevelopment plan is adopted, a
269	county or municipality may acquire by eminent domain any
270	interest in a parcel of real property within a community
271	redevelopment area, including a fee simple title thereto, for
272	the purpose of eliminating an existing threat to public health
273	or public safety if the parcel of real property is condemnation
274	eligible. A parcel of real property is condemnation eligible
275	only if the current condition of the property poses an existing
276	threat to public health or public safety and the existing threat
277	to public health or public safety is likely to continue absent
278	the exercise of eminent domain. A county or municipality shall
279	exercise the power of eminent domain in the manner provided in
280	this section and in chapters 73 and 74, or pursuant to the power
281	of eminent domain provided by any other statutory provision, as
282	limited by s. 73.013. Real property belonging to the United
283	States, the state, or any political subdivision of the state may
284	not be acquired without its consent. Any county or municipality,
285	or any community redevelopment agency pursuant to specific
286	approval of the governing body of the county or municipality
287	which established the agency, as provided by any county or
288	municipal ordinance has the right to acquire by condemnation any
289	interest in real property, including a fee simple title thereto,
290	which it deems necessary for, or in connection with, community
291	redevelopment and related activities under this part. Any county
292	or municipality, or any community redevelopment agency pursuant
293	to specific approval by the governing body of the county or
294	municipality which established the agency, as provided by any
295	county or municipal ordinance may exercise the power of eminent
296	domain in the manner provided in chapters 73 and 74 and acts
297	amendatory thereof or supplementary thereto, or it may exercise
298	the power of eminent domain in the manner now or which may be
299	hereafter provided by any other statutory provision for the
300	exercise of the power of eminent domain. Property in
301	unincorporated enclaves surrounded by the boundaries of a
302	community redevelopment area may be acquired when it is
303	determined necessary by the agency to accomplish the community
304	redevelopment plan. Property already devoted to a public use may
305	be acquired in like manner. However, no real property belonging
306	to the United States, the state, or any political subdivision of
307	the state may be acquired without its consent.
308	(2)  A county or municipality may not initiate an eminent
309	domain proceeding pursuant to authority conferred by this
310	section unless the governing body first adopts a resolution of
311	taking containing specific determinations or findings that:
312	(a)  The public purpose of the taking is to eliminate an
313	existing threat to public health or public safety that is likely
314	to continue absent the exercise of eminent domain;
315	(b)  The parcel of real property is condemnation eligible
316	as defined in subsection (1), including a specific description
317	of the current conditions on the property that pose an existing
318	threat to public health or public safety that is likely to
319	continue absent the exercise of eminent domain; and
320	(c)  Taking the property by eminent domain is reasonably
321	necessary in order to accomplish the public purpose of
322	eliminating an existing threat to public health or public safety
323	that is likely to continue absent the exercise of eminent
324	domain.
325	(3)  The county or municipality may not adopt a resolution
326	of taking under this section unless actual notice of the public
327	hearing at which the resolution is considered was provided, at
328	least 45 days prior to the hearing, to the property owner and to
329	any business owner, including a lessee, who operates a business
330	located on the property.
331	(a)  Notice must be sent by certified mail, return receipt
332	requested, to the last known address listed on the county ad
333	valorem tax roll of each owner of the property. Alternatively,
334	the notice may be personally delivered to each property owner.
335	The return of the notice as undeliverable by the postal
336	authorities constitutes compliance with this subsection. The
337	condemning authority is not required to give notice to a person
338	who acquires title to the property after the notice required by
339	this subsection has been given.
340	(b)  Notice must be sent by certified mail, return receipt
341	requested, to the address of the registered agent for the
342	business located on the property to be acquired or, if no agent
343	is registered, by certified mail or personal delivery to the
344	address of the business located on the property to be acquired.
345	Notice to one owner of a multiple ownership business constitutes
346	notice to all business owners of that business. The return of
347	the notice as undeliverable by the postal authorities
348	constitutes compliance with this subsection. The condemning
349	authority is not required to give notice to a person who
350	acquires an interest in the business after the notice required
351	by this subsection has been given.
352	(c)  At a minimum, the notices required by paragraphs (a)
353	and (b) shall indicate:
354	1.  That the county or municipal governing body will
355	determine whether to take the parcel of real property pursuant
356	to authority granted by this part and will formally consider a
357	resolution of taking at a public hearing;
358	2.  That the property is subject to taking by eminent
359	domain under this part because current conditions on the
360	property pose an existing threat to public health or public
361	safety that is likely to continue absent the exercise of eminent
362	domain;
363	3.  The specific conditions on the property that pose an
364	existing threat to public health or public safety and form the
365	basis for taking the property;
366	4.  That the property will not be subject to taking if the
367	specific conditions that pose an existing threat to public
368	health or public safety and form the basis for the taking are
369	removed prior to the public hearing at which the resolution will
370	be considered by the governing body;
371	5.  The date, time, and location of the public hearing at
372	which the resolution of taking will be considered;
373	6.  That the property owner or business owner may file
374	written objections with the governing board prior to the public
375	hearing at which the resolution of taking is considered; and
376	7.  That any interested party may appear and be heard at
377	the public hearing at which the resolution of taking is
378	considered.
379	(4)(a)  In accordance with chapters 73 and 74, if a
380	property owner challenges an attempt to acquire his or her
381	property by eminent domain under this section, the condemning
382	authority must prove by clear and convincing evidence in an
383	evidentiary hearing before the circuit court that:
384	1.  The public purpose of the taking is to eliminate an
385	existing threat to public health or public safety that is likely
386	to continue absent the exercise of eminent domain;
387	2.  The property is condemnation eligible as defined in
388	subsection (1); and
389	3.  Taking the property by eminent domain is reasonably
390	necessary in order to accomplish the public purpose of
391	eliminating an existing threat to public health or public safety
392	that is likely to continue absent the exercise of eminent
393	domain.
394	(b)  The circuit court shall determine whether the public
395	purpose of the taking is to eliminate an existing threat to
396	public health or public safety that is likely to continue absent
397	the exercise of eminent domain, whether the property is
398	condemnation eligible as defined in subsection (1), and whether
399	taking the property is reasonably necessary in order to
400	accomplish the public purpose of eliminating an existing threat
401	to public health or public safety that is likely to continue
402	absent the exercise of eminent domain. The circuit court shall
403	make these determinations without attaching a presumption of
404	correctness or extending judicial deference to any
405	determinations or findings in the resolution of taking adopted
406	by the condemning authority.
407	(5)(2)  In any proceeding to fix or assess compensation for
408	damages for the taking of property, or any interest therein,
409	through the exercise of the power of eminent domain or
410	condemnation, evidence or testimony bearing upon the following
411	matters shall be admissible and shall be considered in fixing
412	such compensation or damages in addition to evidence or
413	testimony otherwise admissible:
414	(a)  Any use, condition, occupancy, or operation of such
415	property, which is unlawful or violative of, or subject to
416	elimination, abatement, prohibition, or correction under, any
417	law, ordinance, or regulatory measure of the state, county,
418	municipality, or other political subdivision, or any agency
419	thereof, in which such property is located, as being unsafe,
420	substandard, unsanitary, or otherwise contrary to the public
421	health, safety, morals, or welfare.
422	(b)  The effect on the value of such property of any such
423	use, condition, occupancy, or operation or of the elimination,
424	abatement, prohibition, or correction of any such use,
425	condition, occupancy, or operation.
426	(6)(3)  In any proceeding to fix or assess compensation for
427	damages for the taking of property, or any interest therein, the
428	foregoing testimony and evidence shall be admissible
429	notwithstanding that no action has been taken by any public body
430	or public officer toward the abatement, prohibition,
431	elimination, or correction of any such use, condition,
432	occupancy, or operation. Testimony or evidence that any public
433	body or public officer charged with the duty or authority so to
434	do has rendered, made, or issued any judgment, decree,
435	determination, or order for the abatement, prohibition,
436	elimination, or correction of any such use, condition,
437	occupancy, or operation shall be admissible and shall be prima
438	facie evidence of the existence and character of such use,
439	condition, or operation.
440	Section 8.  Subsection (3) is added to section 127.01,
441	Florida Statutes, to read:
442	127.01  Counties delegated power of eminent domain;
443	recreational purposes, issue of necessity of taking.--
444	(3)  Each county shall strictly comply with the limitations
445	set forth in s. 73.013.
446	Section 9.  Section 127.02, Florida Statutes, is amended to
447	read:
448	127.02  County commissioners may authorize acquirement of
449	property by eminent domain.--The board of county commissioners
450	may, by resolution, authorize the acquirement by eminent domain
451	of property, real or personal, for any county use or purpose
452	designated in such resolution, subject to the limitations set
453	forth in s. 73.013.
454	Section 10.  Subsection (3) is added to section 166.401,
455	Florida Statutes, to read:
456	166.401  Right of eminent domain.--
457	(3)  Each municipality shall strictly comply with the
458	limitations set forth in s. 73.013.
459	Section 11.  Subsections (1), (9), and (10) of section
460	166.411, Florida Statutes, are amended to read:
461	166.411  Eminent domain; uses or purposes.--Municipalities
462	are authorized to exercise the power of eminent domain for the
463	following uses or purposes:
464	(1)  For the proper and efficient carrying into effect of
465	any proposed scheme or plan of drainage, ditching, grading,
466	filling, or other public improvement deemed necessary or
467	expedient for the preservation of the public health, or for
468	other good reason connected in anywise with the public welfare
469	or the interests of the municipality and the people thereof,
470	subject to the limitations set forth in s. 73.013;
471	(9)  For laying wires and conduits underground; and
472	(10)  For city buildings, waterworks, ponds, and other
473	municipal purposes which shall be coextensive with the powers of
474	the municipality exercising the right of eminent domain subject
475	to the limitations set forth in s. 73.013.; and
476	Section 12.  This act shall take effect July 1, 2006, and
477	shall apply to all condemnation proceedings in which a petition
478	of taking is filed pursuant to chapter 73, Florida Statutes, on
479	or after that date.

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