Florida Senate - 2013                                     SB 870
       By Senator Sobel
       33-01306-13                                            2013870__
    1                        A bill to be entitled                      
    2         An act relating to eminent domain; amending s. 73.013,
    3         F.S.; providing an exception to restrictions on
    4         eminent domain; permitting the conveyance of property
    5         by a condemning authority under certain circumstances
    6         when the property is condemned pursuant to a noise
    7         mitigation or noise compatibility program at an
    8         airport governed by Federal Aviation Administration
    9         requirements; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (1) of section 73.013, Florida
   14  Statutes, is amended to read:
   15         73.013 Conveyance of property taken by eminent domain;
   16  preservation of government entity communications services
   17  eminent domain limitation; exception to restrictions on power of
   18  eminent domain.—
   19         (1) Notwithstanding any other provision of law, including
   20  any charter provision, ordinance, statute, or special law, if
   21  the state, any political subdivision as defined in s. 1.01(8),
   22  or any other entity to which the power of eminent domain is
   23  delegated files a petition of condemnation on or after the
   24  effective date of this section regarding a parcel of real
   25  property in this state, ownership or control of property
   26  acquired pursuant to such petition may not be conveyed by the
   27  condemning authority or any other entity to a natural person or
   28  private entity, by lease or otherwise, except that ownership or
   29  control of property acquired pursuant to such petition may be
   30  conveyed, by lease or otherwise, to a natural person or private
   31  entity:
   32         (a) For use in providing common carrier services or
   33  systems;
   34         (b)1. For use as a road or other right-of-way or means that
   35  is open to the public for transportation, whether at no charge
   36  or by toll;
   37         2. For use in the provision of transportation-related
   38  services, business opportunities, and products pursuant to s.
   39  338.234, on a toll road;
   40         (c) That is a public or private utility for use in
   41  providing electricity services or systems, natural or
   42  manufactured gas services or systems, water and wastewater
   43  services or systems, stormwater or runoff services or systems,
   44  sewer services or systems, pipeline facilities, telephone
   45  services or systems, or similar services or systems;
   46         (d) For use in providing public infrastructure;
   47         (e) That occupies, pursuant to a lease, an incidental part
   48  of a public property or a public facility for the purpose of
   49  providing goods or services to the public;
   50         (f) Without restriction, after public notice and
   51  competitive bidding unless otherwise provided by general law, if
   52  less than 10 years have elapsed since the condemning authority
   53  acquired title to the property and the following conditions are
   54  met:
   55         1. The condemning authority or governmental entity holding
   56  title to the property documents that the property is no longer
   57  needed for the use or purpose for which it was acquired by the
   58  condemning authority or for which it was transferred to the
   59  current titleholder; and
   60         2. The owner from whom the property was taken by eminent
   61  domain is given the opportunity to repurchase the property at
   62  the price that he or she received from the condemning authority;
   63         (g) After public notice and competitive bidding unless
   64  otherwise provided by general law, if the property was owned and
   65  controlled by the condemning authority or a governmental entity
   66  for at least 10 years after the condemning authority acquired
   67  title to the property; or
   68         (h) In accordance with subsection (2); or
   69         (i) Without restriction, if the condemning authority
   70  condemns the property pursuant to a noise mitigation or noise
   71  compatibility program at an airport governed by Federal Aviation
   72  Administration requirements on the basis that the property is
   73  deemed incompatible with residential land use under the
   74  standards provided in 14 C.F.R. part 150.
   75         Section 2. This act shall take effect upon becoming a law.