| 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 | including notice, hearings, and challenge; amending ss. |
| 22 | 127.01 and 127.02, F.S.; requiring county compliance with |
| 23 | eminent domain limitations; amending ss. 166.401 and |
| 24 | 166.411, F.S.; requiring municipal compliance with eminent |
| 25 | domain limitations; providing application; providing an |
| 26 | effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
|
| 30 | Section 1. Section 73.013, Florida Statutes, is created to |
| 31 | read: |
| 32 | 73.013 Conveyance of property taken by eminent domain.-- |
| 33 | (1) Notwithstanding any other provision of law, including |
| 34 | any charter provision, ordinance, statute, or special law, if |
| 35 | the state, any political subdivision as defined in s. 1.01(8), |
| 36 | or any other entity to which the power of eminent domain is |
| 37 | delegated files a petition of taking on or after July 1, 2006, |
| 38 | regarding a parcel of real property in this state, ownership or |
| 39 | control of property acquired pursuant to such petition may not |
| 40 | be conveyed by the condemning authority or any other entity to a |
| 41 | natural person or private entity, except that ownership or |
| 42 | control of property acquired pursuant to such petition may be |
| 43 | conveyed to: |
| 44 | (a) A natural person or private entity for use in |
| 45 | providing common carrier services or systems; |
| 46 | (b) A natural person or private entity for use as a road |
| 47 | or other right-of-way or means open to the public for |
| 48 | transportation, whether at no charge or by toll; |
| 49 | (c) A natural person or private entity that is a public or |
| 50 | private utility for use in providing electricity services or |
| 51 | systems, natural or manufactured gas services or systems, water |
| 52 | and wastewater services or systems, stormwater or runoff |
| 53 | services or systems, sewer services or systems, pipeline |
| 54 | facilities, telephone services or systems, or similar services |
| 55 | or systems; |
| 56 | (d) A natural person or private entity for use in |
| 57 | providing public infrastructure; |
| 58 | (e) A natural person or private entity that occupies, |
| 59 | pursuant to a lease, an incidental part of a public property or |
| 60 | a public facility for the purpose of providing goods or services |
| 61 | to the public; |
| 62 | (f) A natural person or private entity, after public |
| 63 | notice and competitive bidding unless otherwise provided by |
| 64 | general law, if the property was owned and controlled by the |
| 65 | condemning authority or a governmental entity for at least 5 |
| 66 | years after the condemning authority acquired title to the |
| 67 | property; or |
| 68 | (g) A natural person or private entity in accordance with |
| 69 | subsection (2). |
| 70 | (2) If ownership of property is conveyed to a natural |
| 71 | person or private entity pursuant to any of paragraphs (1)(a)- |
| 72 | (e), and that natural person or private entity retains ownership |
| 73 | and control of the property for at least 5 years after acquiring |
| 74 | title, the property may subsequently be transferred, after |
| 75 | public notice and competitive bidding unless otherwise provided |
| 76 | by general law, to another natural person or private entity |
| 77 | without restriction. |
| 78 | Section 2. Subsection (3) of section 163.335, Florida |
| 79 | Statutes, is amended, and subsection (7) is added to that |
| 80 | section, to read: |
| 81 | 163.335 Findings and declarations of necessity.-- |
| 82 | (3) It is further found and declared that the powers |
| 83 | conferred by this part are for public uses and purposes for |
| 84 | which public money may be expended, the police power exercised, |
| 85 | and the power of eminent domain exercised subject to the |
| 86 | limitations in s. 163.375 and the power of eminent domain and |
| 87 | police power exercised, and the necessity in the public interest |
| 88 | for the provisions herein enacted is hereby declared as a matter |
| 89 | of legislative determination. |
| 90 | (7) It is further found that the prevention or elimination |
| 91 | of a "slum area" or "blighted area" as defined in this part and |
| 92 | the preservation or enhancement of the tax base are not public |
| 93 | uses or purposes for which private property may be taken by |
| 94 | eminent domain. |
| 95 | Section 3. Section 163.355, Florida Statutes, is amended |
| 96 | to read: |
| 97 | 163.355 Finding of necessity by county or municipality.-- |
| 98 | (1) No county or municipality shall exercise the community |
| 99 | redevelopment authority conferred by this part until after the |
| 100 | governing body has adopted a resolution, supported by data and |
| 101 | analysis, which makes a legislative finding that the conditions |
| 102 | in the area meet the criteria described in s. 163.340(7) or (8). |
| 103 | The resolution must state that: |
| 104 | (a)(1) One or more slum or blighted areas, or one or more |
| 105 | areas in which there is a shortage of housing affordable to |
| 106 | residents of low or moderate income, including the elderly, |
| 107 | exist in such county or municipality; and |
| 108 | (b)(2) The rehabilitation, conservation, or redevelopment, |
| 109 | or a combination thereof, of such area or areas, including, if |
| 110 | appropriate, the development of housing which residents of low |
| 111 | or moderate income, including the elderly, can afford, is |
| 112 | necessary in the interest of the public health, safety, morals, |
| 113 | or welfare of the residents of such county or municipality. |
| 114 | (2) A resolution finding slum or blight conditions must |
| 115 | indicate that property within the community redevelopment area |
| 116 | may be subject to taking by eminent domain pursuant to s. |
| 117 | 163.375. In the alternative, the county or municipality may |
| 118 | explicitly state in the resolution that the power of eminent |
| 119 | domain provided under s. 163.375 will not be exercised by the |
| 120 | county or municipality within the community redevelopment area. |
| 121 | A county or municipality is not required to provide notice in |
| 122 | accordance with subsections (3) and (4) if the resolution |
| 123 | finding slum or blight conditions, as proposed and adopted by |
| 124 | the county or municipality, expressly declares that the power of |
| 125 | eminent domain provided under s. 163.375 will not be exercised |
| 126 | by the county or municipality within the community redevelopment |
| 127 | area. |
| 128 | (3) At least 30 days prior to the first public hearing at |
| 129 | which a proposed resolution finding slum or blight conditions |
| 130 | will be considered by a county or municipality, actual notice of |
| 131 | the public hearing must be mailed via first class mail to each |
| 132 | real property owner whose property may be included within the |
| 133 | community redevelopment area and to each business owner, |
| 134 | including a lessee, who operates a business located on property |
| 135 | that may be included within the community redevelopment area. |
| 136 | (a) Notice must be sent to each owner of real property |
| 137 | that may be included within the community redevelopment area at |
| 138 | the owner's last known address as listed on the county ad |
| 139 | valorem tax roll. Alternatively, the notice may be personally |
| 140 | delivered to a property owner. If there is more than one owner |
| 141 | of a property, notice to one owner constitutes notice to all |
| 142 | owners of the property. The return of the notice as |
| 143 | undeliverable by the postal authorities constitutes compliance |
| 144 | with this subsection. The condemning authority is not required |
| 145 | to give notice to a person who acquires title to property after |
| 146 | the notice required by this subsection has been given. |
| 147 | (b) Notice must be sent to the address of the registered |
| 148 | agent for the business located on the property or, if no agent |
| 149 | is registered, by certified mail or personal delivery to the |
| 150 | address of the business located on the property. Notice to one |
| 151 | owner of a multiple ownership business constitutes notice to all |
| 152 | owners of that business. The return of the notice as |
| 153 | undeliverable by the postal authorities constitutes compliance |
| 154 | with this subsection. The condemning authority is not required |
| 155 | to give notice to a person who acquires an interest in a |
| 156 | business after the notice required by this subsection has been |
| 157 | given. |
| 158 | (c) At a minimum, the mailed notice required by paragraphs |
| 159 | (a) and (b) must: |
| 160 | 1. Generally explain the purpose, effect, and substance of |
| 161 | the proposed resolution; |
| 162 | 2. Indicate that private property within the proposed |
| 163 | redevelopment area may be subject to taking by eminent domain if |
| 164 | the current condition of the property poses an existing threat |
| 165 | to the public health or public safety that is likely to continue |
| 166 | absent the exercise of eminent domain; |
| 167 | 3. Indicate that private-to-private transfers of property |
| 168 | may occur; |
| 169 | 4. Contain a geographic location map that clearly |
| 170 | indicates the area covered by the resolution, including major |
| 171 | street names as a means of identification of the general area; |
| 172 | 5. Provide the dates, times, and locations of future |
| 173 | public hearings during which the resolution may be considered; |
| 174 | 6. Identify the place or places within the county or |
| 175 | municipality at which the resolution may be inspected by the |
| 176 | public; |
| 177 | 7. Indicate that the property owner may file written |
| 178 | objections with the local governing board prior to any public |
| 179 | hearing on the resolution; and |
| 180 | 8. Indicate that interested parties may appear and be |
| 181 | heard at all public hearings at which the resolution will be |
| 182 | considered. |
| 183 | (4) In addition to mailing notice to property owners, the |
| 184 | county or municipality must conduct at least two advertised |
| 185 | public hearings prior to adoption of the proposed resolution. At |
| 186 | least one hearing must be held after 5 p.m. on a weekday, unless |
| 187 | the governing body, by a majority plus one vote, elects to |
| 188 | conduct the hearing at another time of day. The first public |
| 189 | hearing must be held at least 7 days after the day the first |
| 190 | advertisement is published. The second hearing must be held at |
| 191 | least 10 days after the first hearing and must be advertised at |
| 192 | least 5 days prior to the public hearing. The required |
| 193 | advertisements must be no less than 2 columns wide by 10 inches |
| 194 | long in a standard size or a tabloid size newspaper, and the |
| 195 | headline in the advertisement must be in a type no smaller than |
| 196 | 18 point. The advertisement must not be placed in that portion |
| 197 | of the newspaper where legal notices and classified |
| 198 | advertisements appear and must be placed in a newspaper of |
| 199 | general paid circulation rather than one of limited subject |
| 200 | matter. Whenever possible, the advertisement must appear in a |
| 201 | newspaper that is published at least 5 days a week unless the |
| 202 | only newspaper in the community is published fewer than 5 days a |
| 203 | week. At a minimum, the advertisement must: |
| 204 | (a) Generally explain the substance and effect of the |
| 205 | resolution; |
| 206 | (b) Include a statement indicating that private property |
| 207 | within the proposed redevelopment area may be subject to taking |
| 208 | by eminent domain if the current condition of the property poses |
| 209 | an existing threat to the public health or public safety that is |
| 210 | likely to continue absent the exercise of eminent domain; |
| 211 | (c) Provide the date, time, and location of the meeting; |
| 212 | (d) Identify the place or places within the county or |
| 213 | municipality at which the resolution may be inspected by the |
| 214 | public; |
| 215 | (e) Contain a geographic location map that clearly |
| 216 | indicates the area covered by the resolution, including major |
| 217 | street names as a means of identification of the general area; |
| 218 | (f) Indicate that any interested party may file written |
| 219 | objections with the local governing board prior to the public |
| 220 | hearing; and |
| 221 | (g) Indicate that any interested party may appear and be |
| 222 | heard at the public hearing. |
| 223 | Section 4. Subsection (6) is added to section 163.358, |
| 224 | Florida Statutes, to read: |
| 225 | 163.358 Exercise of powers in carrying out community |
| 226 | redevelopment and related activities.--The community |
| 227 | redevelopment powers assigned to a community redevelopment |
| 228 | agency created under s. 163.356 include all the powers necessary |
| 229 | or convenient to carry out and effectuate the purposes and |
| 230 | provisions of this part, except the following, which continue to |
| 231 | vest in the governing body of the county or municipality: |
| 232 | (6) The power of eminent domain. |
| 233 | Section 5. Paragraph (d) is added to subsection (2) of |
| 234 | section 163.360, Florida Statutes, to read: |
| 235 | 163.360 Community redevelopment plans.-- |
| 236 | (2) The community redevelopment plan shall: |
| 237 | (d) Indicate that real property within the community |
| 238 | redevelopment area may be subject to taking by eminent domain |
| 239 | pursuant to s. 163.375. If consistent with the resolution |
| 240 | finding slum or blight conditions, the plan must indicate that |
| 241 | the power of eminent domain provided under s. 163.375 will not |
| 242 | be exercised by the county or municipality within the community |
| 243 | redevelopment area. |
| 244 | Section 6. Paragraph (o) of subsection (1) and paragraph |
| 245 | (a) of subsection (3) of section 163.370, Florida Statutes, are |
| 246 | amended to read: |
| 247 | 163.370 Powers; counties and municipalities; community |
| 248 | redevelopment agencies.-- |
| 249 | (1) Every county and municipality shall have all the |
| 250 | powers necessary or convenient to carry out and effectuate the |
| 251 | purposes and provisions of this part, including the following |
| 252 | powers in addition to others herein granted: |
| 253 | (o) To exercise all or any part or combination of powers |
| 254 | herein granted or to elect to have such powers exercised by a |
| 255 | community redevelopment agency; however, the power of eminent |
| 256 | domain shall not be exercised by a community redevelopment |
| 257 | agency. |
| 258 | (3) With the approval of the governing body, a community |
| 259 | redevelopment agency may: |
| 260 | (a) Prior to approval of a community redevelopment plan or |
| 261 | approval of any modifications of the plan, acquire real property |
| 262 | in a community redevelopment area by purchase, lease, option, |
| 263 | gift, grant, bequest, devise, or other voluntary method of |
| 264 | acquisition, demolish and remove any structures on the property, |
| 265 | and pay all costs related to the acquisition, demolition, or |
| 266 | removal, including any administrative or relocation expenses. |
| 267 | Section 7. Section 163.375, Florida Statutes, is amended |
| 268 | to read: |
| 269 | 163.375 Eminent domain.-- |
| 270 | (1) After the community redevelopment plan is adopted, a |
| 271 | county or municipality may acquire by eminent domain any |
| 272 | interest in a parcel of real property within a community |
| 273 | redevelopment area, including a fee simple title thereto, for |
| 274 | the purpose of eliminating an existing threat to public health |
| 275 | or public safety if the parcel of real property is condemnation |
| 276 | eligible as defined in subsection (2). A county or municipality |
| 277 | shall exercise the power of eminent domain in the manner |
| 278 | provided in this section and in chapters 73 and 74, or pursuant |
| 279 | to the power of eminent domain provided by any other statutory |
| 280 | provision, as limited by s. 73.013. Real property belonging to |
| 281 | the United States, the state, or any political subdivision of |
| 282 | the state may not be acquired without its consent. Any county or |
| 283 | municipality, or any community redevelopment agency pursuant to |
| 284 | specific approval of the governing body of the county or |
| 285 | municipality which established the agency, as provided by any |
| 286 | county or municipal ordinance has the right to acquire by |
| 287 | condemnation any interest in real property, including a fee |
| 288 | simple title thereto, which it deems necessary for, or in |
| 289 | connection with, community redevelopment and related activities |
| 290 | under this part. Any county or municipality, or any community |
| 291 | redevelopment agency pursuant to specific approval by the |
| 292 | governing body of the county or municipality which established |
| 293 | the agency, as provided by any county or municipal ordinance may |
| 294 | exercise the power of eminent domain in the manner provided in |
| 295 | chapters 73 and 74 and acts amendatory thereof or supplementary |
| 296 | thereto, or it may exercise the power of eminent domain in the |
| 297 | manner now or which may be hereafter provided by any other |
| 298 | statutory provision for the exercise of the power of eminent |
| 299 | domain. Property in unincorporated enclaves surrounded by the |
| 300 | boundaries of a community redevelopment area may be acquired |
| 301 | when it is determined necessary by the agency to accomplish the |
| 302 | community redevelopment plan. Property already devoted to a |
| 303 | public use may be acquired in like manner. However, no real |
| 304 | property belonging to the United States, the state, or any |
| 305 | political subdivision of the state may be acquired without its |
| 306 | consent. |
| 307 | (2) Private property is condemnation eligible if the |
| 308 | current condition of the property poses an existing threat to |
| 309 | public health or public safety that is likely to continue absent |
| 310 | the exercise of eminent domain as evidenced by at least one of |
| 311 | the following factors: |
| 312 | (a) The property contains a structure which, in its |
| 313 | current condition, has substantial dilapidation which is either |
| 314 | physically incurable or economically incurable in that the cost |
| 315 | of repair or rehabilitation would exceed the replacement cost of |
| 316 | a new structure. Superficial or cosmetic disrepair, which is |
| 317 | repairable by a nominal expenditure, not to exceed 20 percent of |
| 318 | the market value of the existing structure, shall not constitute |
| 319 | dilapidation for purposes of constituting a condemnation- |
| 320 | eligible factor; |
| 321 | (b) The property contains a structure which, in its |
| 322 | current condition, is unsanitary, unsafe, or vermin infested and |
| 323 | is designated by the agency responsible for enforcement of the |
| 324 | housing, building, or fire codes as unfit for human habitation |
| 325 | or use; |
| 326 | (c) The property contains a structure which, in its |
| 327 | current condition, is a fire hazard, or otherwise dangerous to |
| 328 | the safety of persons or property, and is designated by the |
| 329 | agency responsible for enforcement of the housing, building, or |
| 330 | fire codes as unfit for human habitation or use; |
| 331 | (d) The property contains a structure from which, in its |
| 332 | current condition, the utilities, plumbing, heating, sewerage, |
| 333 | or other facilities have been disconnected, destroyed, removed, |
| 334 | or rendered ineffective so that the property is unfit for human |
| 335 | habitation or use; or |
| 336 | (e) The physical condition, use, or occupancy of the |
| 337 | property constitutes a public nuisance and the property has been |
| 338 | the subject of code violations affecting public health or public |
| 339 | safety that have not been substantially rehabilitated within 1 |
| 340 | year after receipt of notice to rehabilitate from the |
| 341 | appropriate code enforcement agency. |
| 342 | (3) A county or municipality may not initiate an eminent |
| 343 | domain proceeding pursuant to authority conferred by this |
| 344 | section unless the governing body first adopts a resolution of |
| 345 | taking containing specific determinations or findings that: |
| 346 | (a) The public purpose of the taking is to eliminate an |
| 347 | existing threat to public health or public safety that is likely |
| 348 | to continue absent the exercise of eminent domain; |
| 349 | (b) The parcel of real property is condemnation eligible |
| 350 | as defined in subsection (2), including a specific description |
| 351 | of the current conditions on the property that pose an existing |
| 352 | threat to public health or public safety that is likely to |
| 353 | continue absent the exercise of eminent domain; and |
| 354 | (c) Taking the property by eminent domain is reasonably |
| 355 | necessary in order to accomplish the public purpose of |
| 356 | eliminating an existing threat to public health or public safety |
| 357 | that is likely to continue absent the exercise of eminent |
| 358 | domain. |
| 359 | (4) The county or municipality may not adopt a resolution |
| 360 | of taking under this section unless actual notice of the public |
| 361 | hearing at which the resolution is considered was provided, at |
| 362 | least 45 days prior to the hearing, to the property owner and to |
| 363 | any business owner, including a lessee, who operates a business |
| 364 | located on the property. |
| 365 | (a) Notice must be sent by certified mail, return receipt |
| 366 | requested, to the last known address listed on the county ad |
| 367 | valorem tax roll of each owner of the property. Alternatively, |
| 368 | the notice may be personally delivered to each property owner. |
| 369 | Compliance with this subsection shall also require conspicuous |
| 370 | posting of the notice to the premises of the property to be |
| 371 | acquired. The posted notice shall prominently and legibly |
| 372 | display the information provided in paragraph (c). The |
| 373 | condemning authority is not required to give notice to a person |
| 374 | who acquires title to the property after the notice required by |
| 375 | this subsection has been given. |
| 376 | (b) Notice must be sent by certified mail, return receipt |
| 377 | requested, to the address of the registered agent for the |
| 378 | business located on the property to be acquired or, if no agent |
| 379 | is registered, by certified mail or personal delivery to the |
| 380 | address of the business located on the property to be acquired. |
| 381 | Notice to one owner of a multiple ownership business constitutes |
| 382 | notice to all business owners of that business. Compliance with |
| 383 | this subsection shall also require conspicuous posting of the |
| 384 | notice to the premises of the property to be acquired. The |
| 385 | posted notice shall prominently and legibly display the |
| 386 | information provided in paragraph (c). The condemning authority |
| 387 | is not required to give notice to a person who acquires an |
| 388 | interest in the business after the notice required by this |
| 389 | subsection has been given. |
| 390 | (c) At a minimum, the notices required by paragraphs (a) |
| 391 | and (b) shall indicate: |
| 392 | 1. That the county or municipal governing body will |
| 393 | determine whether to take the parcel of real property pursuant |
| 394 | to authority granted by this part and will formally consider a |
| 395 | resolution of taking at a public hearing; |
| 396 | 2. That the property is subject to taking by eminent |
| 397 | domain under this part because current conditions on the |
| 398 | property pose an existing threat to public health or public |
| 399 | safety that is likely to continue absent the exercise of eminent |
| 400 | domain; |
| 401 | 3. The specific conditions on the property that pose an |
| 402 | existing threat to public health or public safety and form the |
| 403 | basis for taking the property; |
| 404 | 4. That the property will not be subject to taking if the |
| 405 | specific conditions that pose an existing threat to public |
| 406 | health or public safety and form the basis for the taking are |
| 407 | removed prior to the public hearing at which the resolution will |
| 408 | be considered by the governing body; |
| 409 | 5. The date, time, and location of the public hearing at |
| 410 | which the resolution of taking will be considered; |
| 411 | 6. That the property owner or business owner may file |
| 412 | written objections with the governing board prior to the public |
| 413 | hearing at which the resolution of taking is considered; and |
| 414 | 7. That any interested party may appear and be heard at |
| 415 | the public hearing at which the resolution of taking is |
| 416 | considered. |
| 417 | (5)(a) In accordance with chapters 73 and 74, if a |
| 418 | property owner challenges an attempt to acquire his or her |
| 419 | property by eminent domain under this section, the condemning |
| 420 | authority must prove by clear and convincing evidence in an |
| 421 | evidentiary hearing before the circuit court that: |
| 422 | 1. The public purpose of the taking is to eliminate an |
| 423 | existing threat to public health or public safety that is likely |
| 424 | to continue absent the exercise of eminent domain; |
| 425 | 2. The property is condemnation eligible as defined in |
| 426 | subsection (2); and |
| 427 | 3. Taking the property by eminent domain is reasonably |
| 428 | necessary in order to accomplish the public purpose of |
| 429 | eliminating an existing threat to public health or public safety |
| 430 | that is likely to continue absent the exercise of eminent |
| 431 | domain. |
| 432 | (b) The circuit court shall determine whether the public |
| 433 | purpose of the taking is to eliminate an existing threat to |
| 434 | public health or public safety that is likely to continue absent |
| 435 | the exercise of eminent domain, whether the property is |
| 436 | condemnation eligible as defined in subsection (2), and whether |
| 437 | taking the property is reasonably necessary in order to |
| 438 | accomplish the public purpose of eliminating an existing threat |
| 439 | to public health or public safety that is likely to continue |
| 440 | absent the exercise of eminent domain. The circuit court shall |
| 441 | make these determinations without attaching a presumption of |
| 442 | correctness or extending judicial deference to any |
| 443 | determinations or findings in the resolution of taking adopted |
| 444 | by the condemning authority. |
| 445 | (6)(2) In any proceeding to fix or assess compensation for |
| 446 | damages for the taking of property, or any interest therein, |
| 447 | through the exercise of the power of eminent domain or |
| 448 | condemnation, evidence or testimony bearing upon the following |
| 449 | matters shall be admissible and shall be considered in fixing |
| 450 | such compensation or damages in addition to evidence or |
| 451 | testimony otherwise admissible: |
| 452 | (a) Any use, condition, occupancy, or operation of such |
| 453 | property, which is unlawful or violative of, or subject to |
| 454 | elimination, abatement, prohibition, or correction under, any |
| 455 | law, ordinance, or regulatory measure of the state, county, |
| 456 | municipality, or other political subdivision, or any agency |
| 457 | thereof, in which such property is located, as being unsafe, |
| 458 | substandard, unsanitary, or otherwise contrary to the public |
| 459 | health, safety, morals, or welfare. |
| 460 | (b) The effect on the value of such property of any such |
| 461 | use, condition, occupancy, or operation or of the elimination, |
| 462 | abatement, prohibition, or correction of any such use, |
| 463 | condition, occupancy, or operation. |
| 464 | (7)(3) In any proceeding to fix or assess compensation for |
| 465 | damages for the taking of property, or any interest therein, the |
| 466 | foregoing testimony and evidence shall be admissible |
| 467 | notwithstanding that no action has been taken by any public body |
| 468 | or public officer toward the abatement, prohibition, |
| 469 | elimination, or correction of any such use, condition, |
| 470 | occupancy, or operation. Testimony or evidence that any public |
| 471 | body or public officer charged with the duty or authority so to |
| 472 | do has rendered, made, or issued any judgment, decree, |
| 473 | determination, or order for the abatement, prohibition, |
| 474 | elimination, or correction of any such use, condition, |
| 475 | occupancy, or operation shall be admissible and shall be prima |
| 476 | facie evidence of the existence and character of such use, |
| 477 | condition, or operation. |
| 478 | Section 8. Subsection (3) is added to section 127.01, |
| 479 | Florida Statutes, to read: |
| 480 | 127.01 Counties delegated power of eminent domain; |
| 481 | recreational purposes, issue of necessity of taking.-- |
| 482 | (3) Each county shall strictly comply with the limitations |
| 483 | set forth in s. 73.013. |
| 484 | Section 9. Section 127.02, Florida Statutes, is amended to |
| 485 | read: |
| 486 | 127.02 County commissioners may authorize acquirement of |
| 487 | property by eminent domain.--The board of county commissioners |
| 488 | may, by resolution, authorize the acquirement by eminent domain |
| 489 | of property, real or personal, for any county use or purpose |
| 490 | designated in such resolution, subject to the limitations set |
| 491 | forth in s. 73.013. |
| 492 | Section 10. Subsection (3) is added to section 166.401, |
| 493 | Florida Statutes, to read: |
| 494 | 166.401 Right of eminent domain.-- |
| 495 | (3) Each municipality shall strictly comply with the |
| 496 | limitations set forth in s. 73.013. |
| 497 | Section 11. Subsections (1), (9), and (10) of section |
| 498 | 166.411, Florida Statutes, are amended to read: |
| 499 | 166.411 Eminent domain; uses or purposes.--Municipalities |
| 500 | are authorized to exercise the power of eminent domain for the |
| 501 | following uses or purposes: |
| 502 | (1) For the proper and efficient carrying into effect of |
| 503 | any proposed scheme or plan of drainage, ditching, grading, |
| 504 | filling, or other public improvement deemed necessary or |
| 505 | expedient for the preservation of the public health, or for |
| 506 | other good reason connected in anywise with the public welfare |
| 507 | or the interests of the municipality and the people thereof, |
| 508 | subject to the limitations set forth in s. 73.013; |
| 509 | (9) For laying wires and conduits underground; and |
| 510 | (10) For city buildings, waterworks, ponds, and other |
| 511 | municipal purposes which shall be coextensive with the powers of |
| 512 | the municipality exercising the right of eminent domain subject |
| 513 | to the limitations set forth in s. 73.013.; and |
| 514 | Section 12. This act shall take effect July 1, 2006, and |
| 515 | shall apply to all condemnation proceedings in which a petition |
| 516 | of taking is filed pursuant to chapter 73, Florida Statutes, on |
| 517 | or after that date. |