HB 1567

1
A bill to be entitled
2An act relating to eminent domain; creating s. 73.013,
3F.S.; restricting certain transfers of property taken by
4eminent domain to certain natural persons or private
5entities; preserving the government entity communications
6services eminent domain limitation; providing an exception
7to restrictions on eminent domain; creating s. 73.014,
8F.S.; prohibiting the exercise of eminent domain to
9eliminate nuisance, slum, or blight conditions; amending
10s. 73.021, F.S.; clarifying that use for eminent domain
11means public use or public purpose; amending s. 127.01,
12F.S.; providing that a county exercising eminent domain
13must strictly comply with the limitations in ss. 73.013
14and 73.014, F.S.; amending s. 127.02, F.S.; requiring that
15a board of county commissioners adopt a resolution in
16order to acquire a property through the use of eminent
17domain; providing that a county exercising eminent domain
18must strictly comply with the limitations in ss. 73.013
19and 73.014, F.S.; amending s. 163.335, F.S.; removing
20eminent domain from the scope of findings and declarations
21of necessity under the Community Redevelopment Act;
22providing that the prevention or elimination of a slum
23area or blighted area does not satisfy the requirement
24under the State Constitution that a taking be for a public
25purpose; amending s. 163.340, F.S.; conforming a cross-
26reference; amending s. 163.345, F.S.; prescribing
27limitations on the disposition of property related to
28certain efforts to encourage the participation of private
29enterprise in community redevelopment; amending s.
30163.358, F.S.; clarifying the scope of the power of
31community redevelopment by a county or municipality and
32the authority and limitations on delegation to a community
33redevelopment agency; prohibiting the delegation of the
34power of eminent domain to a community redevelopment
35agency; conforming a cross-reference; amending s. 163.370,
36F.S.; clarifying limitations on the exercise of eminent
37domain in the context of community redevelopment;
38clarifying the manner in which property may be acquired;
39deleting the authority to delegate the power of eminent
40domain to a community redevelopment agency; repealing s.
41163.375, F.S., relating to the authority of a county,
42municipality, or community redevelopment agency to
43exercise the power of eminent domain in connection with
44community redevelopment for the purpose of preventing and
45eliminating slums and blight; amending s. 163.380, F.S.;
46subjecting the disposal of property acquired by eminent
47domain within a community redevelopment area to certain
48restrictions; eliminating the authority to use eminent
49domain to acquire certain areas adjacent to disposed
50property; amending s. 166.401, F.S.; requiring that the
51governing body of a municipality adopt a resolution in
52order to acquire a property through the use of eminent
53domain; providing that a municipality exercising eminent
54domain must strictly comply with the limitations in ss.
5573.013 and 73.014, F.S.; amending s. 166.411, F.S.;
56providing that the exercise of eminent domain by a
57municipality is subject to the limitations in ss. 73.013
58and 73.014, F.S.; eliminating the authority of a
59municipality to use eminent domain for the abatement of
60nuisances; providing applicability; providing an effective
61date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Section 73.013, Florida Statutes, is created to
66read:
67     73.013  Conveyance of property taken by eminent domain;
68preservation of government entity communications services
69eminent domain limitation; exception to restrictions on power of
70eminent domain.--
71     (1)  Notwithstanding any other provision of law, including
72any charter provision, ordinance, statute, or special law, if
73the state, any political subdivision as defined in s. 1.01(8),
74or any other entity to which the power of eminent domain is
75delegated files a petition of condemnation on or after the
76effective date of this section regarding a parcel of real
77property in this state, ownership or control of property
78acquired pursuant to such petition may not be conveyed by the
79condemning authority or any other entity to a natural person or
80private entity, by lease or otherwise, except that ownership or
81control of property acquired pursuant to such petition may be
82conveyed, by lease or otherwise, to a natural person or private
83entity:
84     (a)  For use in providing common-carrier services or
85systems;
86     (b)1.  For use as a road or other right-of-way or means
87that is open to the public for transportation, whether at no
88charge or by toll;
89     2.  For use in the provision of transportation-related
90services, business opportunities, and products pursuant to s.
91338.234, on a toll road;
92     (c)  That is a public or private utility for use in
93providing electricity services or systems, natural or
94manufactured gas services or systems, water and wastewater
95services or systems, stormwater or runoff services or systems,
96sewer services or systems, pipeline facilities, telephone
97services or systems, or similar services or systems;
98     (d)  For use in providing public infrastructure;
99     (e)  That occupies, pursuant to a lease, an incidental part
100of a public property or a public facility for the purpose of
101providing goods or services to the public;
102     (f)  Without restriction, after public notice and
103competitive bidding unless otherwise provided by general law, if
104less than 10 years have elapsed since the condemning authority
105acquired title to the property and the following conditions are
106met:
107     1.  The condemning authority or governmental entity holding
108title to the property documents that the property is no longer
109needed for the use or purpose for which it was acquired by the
110condemning authority or for which it was transferred to the
111current titleholder; and
112     2.  The owner from whom the property was taken by eminent
113domain is given the opportunity to repurchase the property at
114the price that he or she received from the condemning authority;
115     (g)  After public notice and competitive bidding unless
116otherwise provided by general law, if the property was owned and
117controlled by the condemning authority or a governmental entity
118for at least 10 years after the condemning authority acquired
119title to the property; or
120     (h)  In accordance with subsection (2).
121     (2)(a)  If ownership of property is conveyed to a natural
122person or private entity pursuant to paragraph (1)(a), paragraph
123(1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e),
124and at least 10 years have elapsed since the condemning
125authority acquired title to the property, the property may
126subsequently be transferred, after public notice and competitive
127bidding unless otherwise provided by general law, to another
128natural person or private entity without restriction.
129     (b)  If ownership of property is conveyed to a natural
130person or private entity pursuant to paragraph (1)(a), paragraph
131(1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e),
132and less than 10 years have elapsed since the condemning
133authority acquired title to the property, the property may be
134transferred, after public notice and competitive bidding unless
135otherwise provided by general law, to another natural person or
136private entity without restriction, if the following conditions
137are met:
138     1.  The current titleholder documents that the property is
139no longer needed for the use or purpose for which the property
140was transferred to the current titleholder; and
141     2.  The owner from whom the property was taken by eminent
142domain is given the opportunity to repurchase the property at
143the price that he or she received from the condemning authority.
144     (3)  This section does not affect the limitation on a
145government entity's powers of eminent domain contained in s.
146350.81(2)(j).
147     (4)  The power of eminent domain shall be restricted as
148provided in chapters 73, 127, 163, and 166, except when the
149owner of a property relinquishes the property and concedes to
150the taking of the property in order to retain the ability to
151reinvest the proceeds of the sale of the property in replacement
152property under s. 1033 of the Internal Revenue Code.
153     Section 2.  Section 73.014, Florida Statutes, is created to
154read:
155     73.014  Taking property to eliminate nuisance, slum, or
156blight conditions prohibited.--
157     (1)  Notwithstanding any other provision of law, including
158any charter provision, ordinance, statute, or special law, the
159state, any political subdivision as defined in s. 1.01(8), or
160any other entity to which the power of eminent domain is
161delegated may not exercise the power of eminent domain to take
162private property for the purpose of abating or eliminating a
163public nuisance. Notwithstanding any other provision of law,
164including any charter provision, ordinance, statute, or special
165law, abating or eliminating a public nuisance is not a valid
166public purpose or use for which private property may be taken by
167eminent domain and does not satisfy the public-purpose
168requirement of s. 6(a), Art. X of the State Constitution. This
169subsection does not diminish the power of counties or
170municipalities to adopt or enforce county or municipal
171ordinances related to code enforcement or the elimination of
172public nuisances to the extent such ordinances do not authorize
173the taking of private property by eminent domain.
174     (2)  Notwithstanding any other provision of law, including
175any charter provision, ordinance, statute, or special law, the
176state, any political subdivision as defined in s. 1.01(8), or
177any other entity to which the power of eminent domain is
178delegated may not exercise the power of eminent domain to take
179private property for the purpose of preventing or eliminating
180slum or blight conditions. Notwithstanding any other provision
181of law, including any charter provision, ordinance, statute, or
182special law, taking private property for the purpose of
183preventing or eliminating slum or blight conditions is not a
184valid public purpose or use for which private property may be
185taken by eminent domain and does not satisfy the public-purpose
186requirement of s. 6(a), Art. X of the State Constitution.
187     Section 3.  Section 73.021, Florida Statutes, is amended to
188read:
189     73.021  Petition; contents.--Those having the right to
190exercise the power of eminent domain may file a petition
191therefor in the circuit court of the county wherein the property
192lies, which petition shall set forth:
193     (1)  The authority under which and the public use or
194purpose for which the property is to be acquired, and that the
195property is necessary for that public use or purpose;
196     (2)  A description identifying the property sought to be
197acquired. The petitioners may join in the same action all
198properties involved in a planned project whether in the same or
199different ownership, or whether or not the property is sought
200for the same use;
201     (3)  The estate or interest in the property which the
202petitioner intends to acquire;
203     (4)  The names, places of residence, legal disabilities, if
204any, and interests in the property of all owners, lessees,
205mortgagees, judgment creditors, and lienholders, so far as
206ascertainable by diligent search, and all unknown persons having
207an interest in the property when the petitioner has been unable
208to ascertain the identity of such persons by diligent search and
209inquiry.  If any interest in the property, or lien thereon,
210belongs to the unsettled estate of a decedent, the executor or
211administrator shall be made a defendant without joining the
212devisee or heir; if a trust estate, the trustee shall be made a
213defendant without joining the cestui que trust.  The court may
214appoint an administrator ad litem to represent the estate of a
215deceased person whose estate is not being administered, and a
216guardian ad litem for all defendants who are infants or are
217under other legal disabilities; and for defendants whose names
218or addresses are unknown.  A copy of the order of appointment
219shall be served on the guardian ad litem at least 10 days before
220trial unless he or she has entered an appearance;
221     (5)  Whether any mobile home is located on the property
222sought to be acquired and, if so, whether the removal of that
223mobile home will be required.  If such removal shall be
224required, the petition shall name the owners of each such mobile
225home as defendants.  This subsection shall not apply to any
226governmental authority exercising its power of eminent domain
227when reasonable relocation or removal expenses must be paid to
228mobile home owners under other provisions of law or agency rule
229applicable to such exercise of power;.
230     (6)  A statement that the petitioner has surveyed and
231located its line or area of construction, and intends in good
232faith to construct the project on or over the described
233property; and
234     (7)  A demand for relief that the property be condemned and
235taken for the uses and purposes set forth in the petition, and
236that the interest sought be vested in the petitioner.
237     Section 4.  Section 127.01, Florida Statutes, is amended to
238read:
239     127.01  Counties delegated power of eminent domain;
240recreational purposes, issue of necessity of taking; compliance
241with limitations.--
242     (1)(a)  Each county of the state is delegated authority to
243exercise the right and power of eminent domain; that is, the
244right to appropriate property, except state or federal, for any
245county purpose.  The absolute fee simple title to all property
246so taken and acquired shall vest in such county unless the
247county seeks to condemn a particular right or estate in such
248property.
249     (b)  Each county is further authorized to exercise the
250eminent domain power granted to the Department of Transportation
251by s. 337.27(1), the transportation corridor protection
252provisions of s. 337.273, and the right of entry onto property
253pursuant to s. 337.274.
254     (2)  However, no county has the right to condemn any lands
255outside its own county boundaries for parks, playgrounds,
256recreational centers, or other recreational purposes.  In
257eminent domain proceedings, a county's burden of showing
258reasonable necessity for parks, playgrounds, recreational
259centers, or other types of recreational purposes shall be the
260same as the burden in other types of eminent domain proceedings.
261     (3)  A county shall strictly comply with the limitations
262set forth in ss. 73.013 and 73.014.
263     Section 5.  Section 127.02, Florida Statutes, is amended to
264read:
265     127.02  County commissioners may authorize acquirement of
266property by eminent domain.--The board of county commissioners
267may not exercise its power of eminent domain unless the board
268adopts a resolution authorizing the acquisition, by resolution,
269authorize the acquirement by eminent domain of a property, real
270or personal, by eminent domain for any county use or purpose
271designated in such resolution, subject to the limitations set
272forth in ss. 73.013 and 73.014.
273     Section 6.  Subsection (3) of section 163.335, Florida
274Statutes, is amended, and subsection (7) is added to that
275section, to read:
276     163.335  Findings and declarations of necessity.--
277     (3)  It is further found and declared that the powers
278conferred by this part are for public uses and purposes for
279which public money may be expended and the power of eminent
280domain and police power exercised, and the necessity in the
281public interest for the provisions herein enacted is hereby
282declared as a matter of legislative determination.
283     (7)  It is further found and declared that the prevention
284or elimination of a slum area or blighted area as defined in
285this part and the preservation or enhancement of the tax base
286are not public uses or purposes for which private property may
287be taken by eminent domain and do not satisfy the public-purpose
288requirement of s. 6(a), Art. X of the State Constitution.
289     Section 7.  Subsection (12) of section 163.340, Florida
290Statutes, is amended to read:
291     163.340  Definitions.--The following terms, wherever used
292or referred to in this part, have the following meanings:
293     (12)  "Related activities" means:
294     (a)  Planning work for the preparation of a general
295neighborhood redevelopment plan or for the preparation or
296completion of a communitywide plan or program pursuant to s.
297163.365.
298     (b)  The functions related to the acquisition and disposal
299of real property pursuant to s. 163.370(4) s. 163.370(3).
300     (c)  The development of affordable housing for residents of
301the area.
302     (d)  The development of community policing innovations.
303     Section 8.  Subsection (1) of section 163.345, Florida
304Statutes, is amended to read:
305     163.345  Encouragement of private enterprise.--
306     (1)  Any county or municipality, to the greatest extent it
307determines to be feasible in carrying out the provisions of this
308part, shall afford maximum opportunity, consistent with the
309sound needs of the county or municipality as a whole, to the
310rehabilitation or redevelopment of the community redevelopment
311area by private enterprise. Any county or municipality shall
312give consideration to this objective in exercising its powers
313under this part, including the formulation of a workable
314program; the approval of community redevelopment plans,
315communitywide plans or programs for community redevelopment, and
316general neighborhood redevelopment plans (consistent with the
317general plan of the county or municipality); the development and
318implementation of community policing innovations; the exercise
319of its zoning powers; the enforcement of other laws, codes, and
320regulations relating to the use of land and the use and
321occupancy of buildings and improvements; the development of
322affordable housing; the disposition of any property acquired,
323subject to the limitations of s. 73.013; and the provision of
324necessary public improvements.
325     Section 9.  Section 163.358, Florida Statutes, is amended
326to read:
327     163.358  Exercise of powers in carrying out community
328redevelopment and related activities.--Each county and
329municipality has all powers necessary or convenient to carry out
330and effectuate the purposes and provisions of this part,
331including those powers granted under s. 163.370. A county or
332municipality may delegate such powers to a community
333redevelopment agency created under s. 163.356, The community
334redevelopment powers assigned to a community redevelopment
335agency created under s. 163.356 include all the powers necessary
336or convenient to carry out and effectuate the purposes and
337provisions of this part, except the following, which continue to
338vest in the governing body of the county or municipality:
339     (1)  The power to determine an area to be a slum or
340blighted area, or combination thereof; to designate such area as
341appropriate for community redevelopment; and to hold any public
342hearings required with respect thereto.
343     (2)  The power to grant final approval to community
344redevelopment plans and modifications thereof.
345     (3)  The power to authorize the issuance of revenue bonds
346as set forth in s. 163.385.
347     (4)  The power to approve the acquisition, demolition,
348removal, or disposal of property as provided in s. 163.370(4) s.
349163.370(3) and the power to assume the responsibility to bear
350loss as provided in s. 163.370(4) s. 163.370(3).
351     (5)  The power to approve the development of community
352policing innovations.
353     (6)  The power of eminent domain.
354     Section 10.  Section 163.370, Florida Statutes, is amended
355to read:
356     163.370  Powers; counties and municipalities; community
357redevelopment agencies.--
358     (1)  Counties and municipalities may not exercise the power
359of eminent domain for the purpose of preventing or eliminating a
360slum area or blighted area as defined in this part; however,
361counties and municipalities may acquire property by eminent
362domain within a community redevelopment area, subject to the
363limitations set forth in ss. 73.013 and 73.014 or other general
364law.
365     (2)(1)  Every county and municipality shall have all the
366powers necessary or convenient to carry out and effectuate the
367purposes and provisions of this part, including the following
368powers in addition to others herein granted:
369     (a)  To make and execute contracts and other instruments
370necessary or convenient to the exercise of its powers under this
371part.;
372     (b)  To disseminate slum clearance and community
373redevelopment information.;
374     (c)  To undertake and carry out community redevelopment and
375related activities within the community redevelopment area,
376which redevelopment may include:
377     1.  Acquisition of property within a slum area or a
378blighted area by purchase, lease, option, gift, grant, bequest,
379devise, or other voluntary method of acquisition or portion
380thereof.
381     2.  Demolition and removal of buildings and improvements.
382     3.  Installation, construction, or reconstruction of
383streets, utilities, parks, playgrounds, public areas of major
384hotels that are constructed in support of convention centers,
385including meeting rooms, banquet facilities, parking garages,
386lobbies, and passageways, and other improvements necessary for
387carrying out in the community redevelopment area the community
388redevelopment objectives of this part in accordance with the
389community redevelopment plan.
390     4.  Disposition of any property acquired in the community
391redevelopment area at its fair value for uses in accordance with
392the community redevelopment plan.
393     5.  Carrying out plans for a program of voluntary or
394compulsory repair and rehabilitation of buildings or other
395improvements in accordance with the community redevelopment
396plan.
397     6.  Acquisition by purchase, lease, option, gift, grant,
398bequest, devise, or other voluntary method of acquisition of
399real property in the community redevelopment area which, under
400the community redevelopment plan, is to be repaired or
401rehabilitated for dwelling use or related facilities, repair or
402rehabilitation of the structures for guidance purposes, and
403resale of the property.
404     7.  Acquisition by purchase, lease, option, gift, grant,
405bequest, devise, or other voluntary method of acquisition of any
406other real property in the community redevelopment area when
407necessary to eliminate unhealthful, unsanitary, or unsafe
408conditions; lessen density; eliminate obsolete or other uses
409detrimental to the public welfare; or otherwise to remove or
410prevent the spread of blight or deterioration or to provide land
411for needed public facilities.
412     8.  Acquisition, without regard to any requirement that the
413area be a slum or blighted area, of air rights in an area
414consisting principally of land in highways, railway or subway
415tracks, bridge or tunnel entrances, or other similar facilities
416which have a blighting influence on the surrounding area and
417over which air rights sites are to be developed for the
418elimination of such blighting influences and for the provision
419of housing (and related facilities and uses) designed
420specifically for, and limited to, families and individuals of
421low or moderate income.
422     9.  Acquisition by purchase, lease, option, gift, grant,
423bequest, devise, or other voluntary method of acquisition of
424property in unincorporated enclaves surrounded by the boundaries
425of a community redevelopment area when it is determined
426necessary by the agency to accomplish the community
427redevelopment plan.
428     10.9.  Construction of foundations and platforms necessary
429for the provision of air rights sites of housing (and related
430facilities and uses) designed specifically for, and limited to,
431families and individuals of low or moderate income.
432     (d)  To provide, or to arrange or contract for, the
433furnishing or repair by any person or agency, public or private,
434of services, privileges, works, streets, roads, public
435utilities, or other facilities for or in connection with a
436community redevelopment; to install, construct, and reconstruct
437streets, utilities, parks, playgrounds, and other public
438improvements; and to agree to any conditions that it deems
439reasonable and appropriate which are attached to federal
440financial assistance and imposed pursuant to federal law
441relating to the determination of prevailing salaries or wages or
442compliance with labor standards, in the undertaking or carrying
443out of a community redevelopment and related activities, and to
444include in any contract let in connection with such
445redevelopment and related activities provisions to fulfill such
446of the conditions as it deems reasonable and appropriate.
447     (e)  Within the community redevelopment area:
448     1.  To enter into any building or property in any community
449redevelopment area in order to make inspections, surveys,
450appraisals, soundings, or test borings and to obtain an order
451for this purpose from a court of competent jurisdiction in the
452event entry is denied or resisted.
453     2.  To acquire by purchase, lease, option, gift, grant,
454bequest, devise, or other voluntary method of acquisition,
455eminent domain, or otherwise any real property (or personal
456property for its administrative purposes), together with any
457improvements thereon; except that a community redevelopment
458agency may not exercise any power of eminent domain unless the
459exercise has been specifically approved by the governing body of
460the county or municipality which established the agency.
461     3.  To hold, improve, clear, or prepare for redevelopment
462any such property.
463     4.  To mortgage, pledge, hypothecate, or otherwise encumber
464or dispose of any real property.
465     5.  To insure or provide for the insurance of any real or
466personal property or operations of the county or municipality
467against any risks or hazards, including the power to pay
468premiums on any such insurance.
469     6.  To enter into any contracts necessary to effectuate the
470purposes of this part.
471     7.  To solicit requests for proposals for redevelopment of
472parcels of real property contemplated by a community
473redevelopment plan to be acquired for redevelopment purposes by
474a community redevelopment agency and, as a result of such
475requests for proposals, to advertise for the disposition of such
476real property to private persons pursuant to s. 163.380 prior to
477acquisition of such real property by the community redevelopment
478agency.
479     (f)  To invest any community redevelopment funds held in
480reserves or sinking funds or any such funds not required for
481immediate disbursement in property or securities in which
482savings banks may legally invest funds subject to their control
483and to redeem such bonds as have been issued pursuant to s.
484163.385 at the redemption price established therein or to
485purchase such bonds at less than redemption price, all such
486bonds so redeemed or purchased to be canceled.
487     (g)  To borrow money and to apply for and accept advances,
488loans, grants, contributions, and any other form of financial
489assistance from the Federal Government or the state, county, or
490other public body or from any sources, public or private, for
491the purposes of this part and to give such security as may be
492required and to enter into and carry out contracts or agreements
493in connection therewith; and to include in any contract for
494financial assistance with the Federal Government for or with
495respect to community redevelopment and related activities such
496conditions imposed pursuant to federal laws as the county or
497municipality deems reasonable and appropriate which are not
498inconsistent with the purposes of this part.
499     (h)  Within its area of operation, to make or have made all
500surveys and plans necessary to the carrying out of the purposes
501of this part; to contract with any person, public or private, in
502making and carrying out such plans; and to adopt or approve,
503modify, and amend such plans, which plans may include, but are
504not limited to:
505     1.  Plans for carrying out a program of voluntary or
506compulsory repair and rehabilitation of buildings and
507improvements.
508     2.  Plans for the enforcement of state and local laws,
509codes, and regulations relating to the use of land and the use
510and occupancy of buildings and improvements and to the
511compulsory repair, rehabilitation, demolition, or removal of
512buildings and improvements.
513     3.  Appraisals, title searches, surveys, studies, and other
514plans and work necessary to prepare for the undertaking of
515community redevelopment and related activities.
516     (i)  To develop, test, and report methods and techniques,
517and carry out demonstrations and other activities, for the
518prevention and the elimination of slums and urban blight and
519developing and demonstrating new or improved means of providing
520housing for families and persons of low income.
521     (j)  To apply for, accept, and utilize grants of funds from
522the Federal Government for such purposes.
523     (k)  To prepare plans for and assist in the relocation of
524persons (including individuals, families, business concerns,
525nonprofit organizations, and others) displaced from a community
526redevelopment area and to make relocation payments to or with
527respect to such persons for moving expenses and losses of
528property for which reimbursement or compensation is not
529otherwise made, including the making of such payments financed
530by the Federal Government.
531     (l)  To appropriate such funds and make such expenditures
532as are necessary to carry out the purposes of this part; to zone
533or rezone any part of the county or municipality or make
534exceptions from building regulations; and to enter into
535agreements with a housing authority, which agreements may extend
536over any period, notwithstanding any provision or rule of law to
537the contrary, respecting action to be taken by such county or
538municipality pursuant to any of the powers granted by this part.
539     (m)  To close, vacate, plan, or replan streets, roads,
540sidewalks, ways, or other places and to plan or replan any part
541of the county or municipality.
542     (n)  Within its area of operation, to organize, coordinate,
543and direct the administration of the provisions of this part, as
544they may apply to such county or municipality, in order that the
545objective of remedying slum and blighted areas and preventing
546the causes thereof within such county or municipality may be
547most effectively promoted and achieved and to establish such new
548office or offices of the county or municipality or to reorganize
549existing offices in order to carry out such purpose most
550effectively.
551     (o)  To exercise all or any part or combination of powers
552herein granted or to elect to have such powers exercised by a
553community redevelopment agency.
554     (o)(p)  To develop and implement community policing
555innovations.
556     (3)(2)  The following projects may not be paid for or
557financed by increment revenues:
558     (a)  Construction or expansion of administrative buildings
559for public bodies or police and fire buildings, unless each
560taxing authority agrees to such method of financing for the
561construction or expansion, or unless the construction or
562expansion is contemplated as part of a community policing
563innovation.
564     (b)  Installation, construction, reconstruction, repair, or
565alteration of any publicly owned capital improvements or
566projects which are not an integral part of or necessary for
567carrying out the community redevelopment plan if such projects
568or improvements are normally financed by the governing body with
569user fees or if such projects or improvements would be
570installed, constructed, reconstructed, repaired, or altered
571within 3 years of the approval of the community redevelopment
572plan by the governing body pursuant to a previously approved
573public capital improvement or project schedule or plan of the
574governing body which approved the community redevelopment plan.
575     (c)  General government operating expenses unrelated to the
576planning and carrying out of a community redevelopment plan.
577     (4)(3)  With the approval of the governing body, a
578community redevelopment agency may:
579     (a)  Prior to approval of a community redevelopment plan or
580approval of any modifications of the plan, acquire real property
581in a community redevelopment area by purchase, lease, option,
582gift, grant, bequest, devise, or other voluntary method of
583acquisition, demolish and remove any structures on the property,
584and pay all costs related to the acquisition, demolition, or
585removal, including any administrative or relocation expenses.
586     (b)  Assume the responsibility to bear any loss that may
587arise as the result of the exercise of authority under this
588subsection, in the event that the real property is not made part
589of the community redevelopment area.
590     Section 11.  Section 163.375, Florida Statutes, is
591repealed.
592     Section 12.  Section 163.380, Florida Statutes, is amended
593to read:
594     163.380  Disposal of property in community redevelopment
595area.--The disposal of property in a community redevelopment
596area which is acquired by eminent domain is subject to the
597limitations set forth in s. 73.013.
598     (1)  Any county, municipality, or community redevelopment
599agency may sell, lease, dispose of, or otherwise transfer real
600property or any interest therein acquired by it for community
601redevelopment in a community redevelopment area to any private
602person, or may retain such property for public use, and may
603enter into contracts with respect thereto for residential,
604recreational, commercial, industrial, educational, or other
605uses, in accordance with the community redevelopment plan,
606subject to such covenants, conditions, and restrictions,
607including covenants running with the land, as it deems necessary
608or desirable to assist in preventing the development or spread
609of future slums or blighted areas or to otherwise carry out the
610purposes of this part. However, such sale, lease, other
611transfer, or retention, and any agreement relating thereto, may
612be made only after the approval of the community redevelopment
613plan by the governing body.  The purchasers or lessees and their
614successors and assigns shall be obligated to devote such real
615property only to the uses specified in the community
616redevelopment plan and may be obligated to comply with such
617other requirements as the county, municipality, or community
618redevelopment agency may determine to be in the public interest,
619including the obligation to begin any improvements on such real
620property required by the community redevelopment plan within a
621reasonable time.
622     (2)  Such real property or interest shall be sold, leased,
623otherwise transferred, or retained at a value determined to be
624in the public interest for uses in accordance with the community
625redevelopment plan and in accordance with such reasonable
626disposal procedures as any county, municipality, or community
627redevelopment agency may prescribe. In determining the value of
628real property as being in the public interest for uses in
629accordance with the community redevelopment plan, the county,
630municipality, or community redevelopment agency shall take into
631account and give consideration to the long-term benefits to be
632achieved by the county, municipality, or community redevelopment
633agency resulting from incurring short-term losses or costs in
634the disposal of such real property; the uses provided in such
635plan; the restrictions upon, and the covenants, conditions, and
636obligations assumed by, the purchaser or lessee or by the
637county, municipality, or community redevelopment agency
638retaining the property; and the objectives of such plan for the
639prevention of the recurrence of slum or blighted areas. In the
640event the value of such real property being disposed of is for
641less than the fair value, such disposition shall require the
642approval of the governing body, which approval may only be given
643following a duly noticed public hearing. The county,
644municipality, or community redevelopment agency may provide in
645any instrument of conveyance to a private purchaser or lessee
646that such purchaser or lessee is without power to sell, lease,
647or otherwise transfer the real property without the prior
648written consent of the county, municipality, or community
649redevelopment agency until the purchaser or lessee has completed
650the construction of any or all improvements which he or she has
651obligated himself or herself to construct thereon. Real property
652acquired by the county, municipality, or community redevelopment
653agency which, in accordance with the provisions of the community
654redevelopment plan, is to be transferred shall be transferred as
655rapidly as feasible in the public interest, consistent with the
656carrying out of the provisions of the community redevelopment
657plan. Any contract for such transfer and the community
658redevelopment plan, or such part or parts of such contract or
659plan as the county, municipality, or community redevelopment
660agency may determine, may be recorded in the land records of the
661clerk of the circuit court in such manner as to afford actual or
662constructive notice thereof.
663     (3)(a)  Prior to disposition of any real property or
664interest therein in a community redevelopment area, any county,
665municipality, or community redevelopment agency shall give
666public notice of such disposition by publication in a newspaper
667having a general circulation in the community, at least 30 days
668prior to the execution of any contract to sell, lease, or
669otherwise transfer real property and, prior to the delivery of
670any instrument of conveyance with respect thereto under the
671provisions of this section, invite proposals from, and make all
672pertinent information available to, private redevelopers or any
673persons interested in undertaking to redevelop or rehabilitate a
674community redevelopment area or any part thereof. Such notice
675shall identify the area or portion thereof and shall state that
676proposals must be made by those interested within 30 days after
677the date of publication of the notice and that such further
678information as is available may be obtained at such office as is
679designated in the notice. The county, municipality, or community
680redevelopment agency shall consider all such redevelopment or
681rehabilitation proposals and the financial and legal ability of
682the persons making such proposals to carry them out; and the
683county, municipality, or community redevelopment agency may
684negotiate with any persons for proposals for the purchase,
685lease, or other transfer of any real property acquired by it in
686the community redevelopment area. The county, municipality, or
687community redevelopment agency may accept such proposal as it
688deems to be in the public interest and in furtherance of the
689purposes of this part. Except in the case of a governing body
690acting as the agency, as provided in s. 163.357, a notification
691of intention to accept such proposal must be filed with the
692governing body not less than 30 days prior to any such
693acceptance. Thereafter, the county, municipality, or community
694redevelopment agency may execute such contract in accordance
695with the provisions of subsection (1) and deliver deeds, leases,
696and other instruments and take all steps necessary to effectuate
697such contract.
698     (b)  Any county, municipality, or community redevelopment
699agency that, pursuant to the provisions of this section, has
700disposed of a real property project with a land area in excess
701of 20 acres may acquire an expanded area that is immediately
702adjacent to the original project and less than 35 percent of the
703land area of the original project, by purchase or eminent domain
704as provided in this chapter, and negotiate a disposition of such
705expanded area directly with the person who acquired the original
706project without complying with the disposition procedures
707established in paragraph (a), provided the county, municipality,
708or community redevelopment agency adopts a resolution making the
709following findings:
710     1.  It is in the public interest to expand such real
711property project to an immediately adjacent area.
712     2.  The expanded area is less than 35 percent of the land
713area of the original project.
714     3.  The expanded area is entirely within the boundary of
715the community redevelopment area.
716     (4)  Any county, municipality, or community redevelopment
717agency may temporarily operate and maintain real property
718acquired by it in a community redevelopment area for or in
719connection with a community redevelopment plan pending the
720disposition of the property as authorized in this part, without
721regard to the provisions of subsection (1), for such uses and
722purposes as may be deemed desirable, even though not in
723conformity with the community redevelopment plan.
724     (5)  If any conflict exists between the provisions of this
725section and s. 159.61, the provisions of this section govern and
726supersede those of s. 159.61.
727     (6)  Notwithstanding any provision of this section, if a
728community redevelopment area is established by the governing
729body for the redevelopment of property located on a closed
730military base within the governing body's boundaries, the
731procedures for disposition of real property within that
732community redevelopment area shall be prescribed by the
733governing body, and compliance with the other provisions of this
734section shall not be required prior to the disposal of real
735property.
736     Section 13.  Section 166.401, Florida Statutes, is amended
737to read:
738     166.401  Right of eminent domain; procedure; compliance
739with limitations.--
740     (1)  All municipalities in the state may exercise the right
741and power of eminent domain; that is, the right to appropriate
742property within the state, except state or federal property, for
743the uses or purposes authorized pursuant to this part.  The
744absolute fee simple title to all property so taken and acquired
745shall vest in such municipal corporation unless the municipality
746seeks to condemn a particular right or estate in such property.
747     (2)  Each municipality is further authorized to exercise
748the eminent domain power granted to the Department of
749Transportation in s. 337.27(1) and the transportation corridor
750protection provisions of s. 337.273.
751     (3)  The local governing body of a municipality may not
752exercise its power of eminent domain unless the governing body
753adopts a resolution authorizing the acquisition of a property,
754real or personal, by eminent domain for any municipal use or
755purpose designated in such resolution.
756     (4)  Each municipality shall strictly comply with the
757limitations set forth in ss. 73.013 and 73.014.
758     Section 14.  Section 166.411, Florida Statutes, is amended
759to read:
760     166.411  Eminent domain; uses or purposes.--Subject to the
761limitations set forth in ss. 73.013 and 73.014, municipalities
762are authorized to exercise the power of eminent domain for the
763following uses or purposes:
764     (1)  For the proper and efficient carrying into effect of
765any proposed scheme or plan of drainage, ditching, grading,
766filling, or other public improvement deemed necessary or
767expedient for the preservation of the public health, or for
768other good reason connected in anywise with the public welfare
769or the interests of the municipality and the people thereof;
770     (2)  Over railroads, traction and streetcar lines,
771telephone and telegraph lines, all public and private streets
772and highways, drainage districts, bridge districts, school
773districts, or any other public or private lands whatsoever
774necessary to enable the accomplishment of purposes listed in s.
775180.06;
776     (3)  For streets, lanes, alleys, and ways;
777     (4)  For public parks, squares, and grounds;
778     (5)  For drainage, for raising or filling in land in order
779to promote sanitation and healthfulness, and for the taking of
780easements for the drainage of the land of one person over and
781through the land of another;
782     (6)  For reclaiming and filling when lands are low and wet,
783or overflowed altogether or at times, or entirely or partly;
784     (7)  For the abatement of any nuisance;
785     (7)(8)  For the use of water pipes and for sewerage and
786drainage purposes;
787     (8)(9)  For laying wires and conduits underground; and
788     (9)(10)  For city buildings, waterworks, ponds, and other
789municipal purposes which shall be coextensive with the powers of
790the municipality exercising the right of eminent domain.; and
791     Section 15.  This act shall take effect upon becoming a law
792and applies to all property for which a petition of condemnation
793is filed pursuant to chapter 73 or chapter 74, Florida Statutes,
794on or after that date.


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