Bill Text: FL S1796 | 2021 | Regular Session | Introduced

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Bill Title: Military Installations

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-04-30 - Died in Judiciary [S1796 Detail]

Download: Florida-2021-S1796-Introduced.html

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       Florida Senate - 2021                                    SB 1796
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00528-21                                           20211796__
    1                        A bill to be entitled                      
    2         An act relating to military installations; amending s.
    3         73.013, F.S.; authorizing the conveyance to a natural
    4         person or private entity certain property taken by
    5         eminent domain if it is used in buffering military
    6         installations against encroachment; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) of section 73.013, Florida
   12  Statutes, is amended to read:
   13         73.013 Conveyance of property taken by eminent domain;
   14  preservation of government entity communications services
   15  eminent domain limitation; exception to restrictions on power of
   16  eminent domain.—
   17         (1) Notwithstanding any other provision of law, including
   18  any charter provision, ordinance, statute, or special law, if
   19  the state, any political subdivision as defined in s. 1.01(8),
   20  or any other entity to which the power of eminent domain is
   21  delegated files a petition of condemnation on or after the
   22  effective date of this section regarding a parcel of real
   23  property in this state, ownership or control of property
   24  acquired pursuant to such petition may not be conveyed by the
   25  condemning authority or any other entity to a natural person or
   26  private entity, by lease or otherwise, except that ownership or
   27  control of property acquired pursuant to such petition may be
   28  conveyed, by lease or otherwise, to a natural person or private
   29  entity:
   30         (a) For use in providing common carrier services or
   31  systems;
   32         (b)1. For use as a road or other right-of-way or means that
   33  is open to the public for transportation, whether at no charge
   34  or by toll;
   35         2. For use in the provision of transportation-related
   36  services, business opportunities, and products pursuant to s.
   37  338.234, on a toll road;
   38         (c) That is a public or private utility for use in
   39  providing electricity services or systems, natural or
   40  manufactured gas services or systems, water and wastewater
   41  services or systems, stormwater or runoff services or systems,
   42  sewer services or systems, pipeline facilities, telephone
   43  services or systems, or similar services or systems;
   44         (d) For use in providing public infrastructure;
   45         (e) That occupies, pursuant to a lease, an incidental part
   46  of a public property or a public facility for the purpose of
   47  providing goods or services to the public;
   48         (f) Without restriction, after public notice and
   49  competitive bidding unless otherwise provided by general law, if
   50  less than 10 years have elapsed since the condemning authority
   51  acquired title to the property and the following conditions are
   52  met:
   53         1. The condemning authority or governmental entity holding
   54  title to the property documents that the property is no longer
   55  needed for the use or purpose for which it was acquired by the
   56  condemning authority or for which it was transferred to the
   57  current titleholder; and
   58         2. The owner from whom the property was taken by eminent
   59  domain is given the opportunity to repurchase the property at
   60  the price that he or she received from the condemning authority;
   61         (g) After public notice and competitive bidding unless
   62  otherwise provided by general law, if the property was owned and
   63  controlled by the condemning authority or a governmental entity
   64  for at least 10 years after the condemning authority acquired
   65  title to the property; or
   66         (h) For use in buffering military installations against
   67  encroachment, but only for property identified on the most
   68  recent annual list of base buffering encroachment lands as set
   69  forth in s. 288.980; or
   70         (i)(h) In accordance with subsection (2).
   71         Section 2. This act shall take effect July 1, 2021.