HomeMy WebLinkAboutR-21-0052City of Miami
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Legislation Miami, FL 33133
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Resolution: R-21-0052
File Number: 8558 Final Action Date: 1/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON
DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE
(COLLECTIVELY, "LEGISLATURE") TO ENACT LEGISLATION THAT WOULD
AMEND SECTION 166.411, FLORIDA STATUTES, TITLED "EMINENT DOMAIN;
USES OR PURPOSES," AND SECTION 73.013, FLORIDA STATUTES, TITLED
"CONVEYANCE OF PROPERTY TAKEN BY EMINENT DOMAIN; PRESERVATION
OF GOVERNMENT ENTITY COMMUNICATIONS SERVICES EMINENT DOMAIN
LIMITATION; EXCEPTION TO RESTRICTIONS ON POWER OF EMINENT DOMAIN";
SPECIFICALLY, URGING THE LEGISLATURE TO AMEND SUBSECTION 9 OF
SECTION 166.411, FLORIDA STATUTES, TO READ AS FOLLOWS: "FOR CITY
BUILDINGS, WATERWORKS, PONDS, AND OTHER MUNICIPAL PURPOSES
WHICH SHALL BE COEXTENSIVE WITH THE POWERS OF THE MUNICIPALITY
EXERCISING THE RIGHT OF EMINENT DOMAIN, WHEREBY `OTHER MUNICIPAL
PURPOSES' SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE
MUNICIPALITY UTILIZING ITS RIGHT OF EMINENT DOMAIN TO EXPROPRIATE
NON -HOMESTEAD REAL PROPERTY IN ORDER TO CREATE HOMEOWNERSHIP
HOUSING FOR PERSONS OF LOW -TO -MODERATE INCOME, AS DEFINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS
DETERMINED BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ON AN ANNUAL BASIS, AND WHEREBY
THE AFOREMENTIONED HOMEOWNERSHIP -HOUSING MAY CONTAIN
MUNICIPALLY -OWNED RETAIL SPACE ON THE STRUCTURE'S FIRST FLOOR IN
COMPLIANCE WITH ALL APPLICABLE LAND USE AND ZONING REGULATIONS,
AND WHEREBY THIS SUBSECTION IS NOT SUBJECT TO THE LIMITATIONS OF S.
73.013 AND THIS SUBSECTION IS NOT IN VIOLATION OF THE PROVISIONS OF S.
73.014"; SPECIFICALLY, URGING THE LEGISLATURE TO AMEND SUBSECTION 1
OF SECTION 73.013, FLORIDA STATUTES, TO READ AS FOLLOWS:
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING ANY
CHARTER PROVISION, ORDINANCE, STATUTE, OR SPECIAL LAW, AND EXCEPT
AS PROVIDED IN S. 166.411(9), IF THE STATE, ANY POLITICAL SUBDIVISION AS
DEFINED IN S. 1.01(8), OR ANY OTHER ENTITY TO WHICH THE POWER OF
EMINENT DOMAIN IS DELEGATED FILES A PETITION OF CONDEMNATION ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION REGARDING A PARCEL OF
REAL PROPERTY IN THIS STATE, OWNERSHIP OR CONTROL OF PROPERTY
ACQUIRED PURSUANT TO SUCH PETITION MAY NOT BE CONVEYED BY THE
CONDEMNING AUTHORITY OR ANY OTHER ENTITY TO A NATURAL PERSON OR
PRIVATE ENTITY, BY LEASE OR OTHERWISE, EXCEPT THAT OWNERSHIP OR
CONTROL OF PROPERTY ACQUIRED PURSUANT TO SUCH PETITION MAY BE
CONVEYED, BY LEASE OR OTHERWISE, TO A NATURAL PERSON OR PRIVATE
ENTITY"; FURTHER DIRECTING THE CITY MANAGER TO MAKE THIS A STATE
LEGISLATIVE PRIORITY FOR THE CITY OF MIAMI DURING THE 2021
City of Miami Page 1 of 4 File ID: 8558 (Revision:) Printed On: 211912021
File ID: 8558 Enactment Number: R-21-0052
LEGISLATIVE SESSION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE LEGISLATURE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, Chapter 166, Section 166.411, Florida Statutes, titled "Eminent
Domain; Uses or Purposes," enumerates the uses and purposes for which municipalities
are authorized to exercise the power of eminent domain; and
WHEREAS, currently, subsection 9 of Section 166.411, Florida Statutes, states "For city
buildings, waterworks, ponds, and other municipal purposes which shall be coextensive with the
powers of the municipality exercising the right of eminent domain"; and
WHEREAS, the City Commission urges Governor Ron DeSantis and the Florida
Legislature (collectively, "Legislature") to enact legislation that would amend subsection 9 of
Section 166.411, Florida Statutes, to read as follows: "For city buildings, waterworks, ponds,
and other municipal purposes which shall be coextensive with the powers of the municipality
exercising the right of eminent domain, whereby `other municipal purposes' shall include but
shall not be limited to the municipality utilizing its right of eminent domain to expropriate non -
homestead real property in order to create homeownership -housing for persons of low -to -
moderate income, as defined by the United States Department of Housing and Urban
Development, as determined by the Secretary of the United States Department of Housing and
Urban Development on an annual basis, and whereby the aforementioned homeownership -
housing may contain municipally -owned retail -space on the structure's first floor in compliance
with all applicable land use and zoning regulations, and whereby this subsection is not subject
to the limitations of s. 73.013 and this subsection is not in violation of the provisions of s.
73.014"; and
WHEREAS, Chapter 73, Section 73.013, Florida Statutes, titled "Conveyance of
Property Taken by Eminent Domain; Preservation of Government Entity Communications
Services Eminent Domain Limitation; Exception to Restrictions on Power of Eminent
Domain," inter alia, describes the process by which a political subdivision may convey
property that was taken by eminent domain to a private entity; and
WHEREAS, currently, subsection 1 of Section 73.013, Florida Statutes, states
"Notwithstanding any other provision of law, including any charter provision, ordinance, statute,
or special law, if the state, any political subdivision as defined in s. 1.01(8), or any other entity to
which the power of eminent domain is delegated files a petition of condemnation on or after the
effective date of this section regarding a parcel of real property in this state, ownership or
control of property acquired pursuant to such petition may not be conveyed by the condemning
authority or any other entity to a natural person or private entity, by lease or otherwise, except
that ownership or control of property acquired pursuant to such petition may be conveyed, by
lease or otherwise, to a natural person or private entity"; and
WHEREAS, the City Commission urges the Legislature to enact legislation that would
amend subsection 1 of Section 73.013, Florida Statutes, to read as follows: "Notwithstanding
any other provision of law, including any charter provision, ordinance, statute, or special law,
and except as provided in s. 166.411(9), if the state, any political subdivision as defined in s.
1.01(8), or any other entity to which the power of eminent domain is delegated files a petition of
condemnation on or after the effective date of this section regarding a parcel of real property in
this state, ownership or control of property acquired pursuant to such petition may not be
conveyed by the condemning authority or any other entity to a natural person or private entity,
City of Miami Page 2 of 4 File ID: 8558 (Revision:) Printed on: 211912021
File ID: 8558 Enactment Number: R-21-0052
by lease or otherwise, except that ownership or control of property acquired pursuant to such
petition may be conveyed, by lease or otherwise, to a natural person or private entity"; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission urges the Legislature to enact legislation that would
amend Chapter 166, Section 166.411, Florida Statutes, titled "Eminent Domain; Uses or
Purposes," by amending subsection 9 to read as follows: "For city buildings, waterworks, ponds,
and other municipal purposes which shall be coextensive with the powers of the municipality
exercising the right of eminent domain, whereby `other municipal purposes' shall include but
shall not be limited to the municipality utilizing its right of eminent domain to expropriate non -
homestead real property in order to create homeownership -housing for persons of low -to -
moderate income, as defined by the United States Department of Housing and Urban
Development, as determined by the Secretary of the United States Department of Housing and
Urban Development on an annual basis, and whereby the aforementioned homeownership -
housing may contain municipally -owned retail -space on the structure's first floor in compliance
with all applicable land use and zoning regulations, and whereby this subsection is not subject
to the limitations of s. 73.013 and this subsection is not in violation of the provisions of s.
73.014."
Section 3. The City Commission urges the Legislature to enact legislation that would
amend Chapter 73, Section 73.013, Florida Statutes, titled "Conveyance of Property Taken by
Eminent Domain; Preservation of Government Entity Communications Services Eminent
Domain Limitation; Exception to Restrictions on Power of Eminent Domain," by amending
subsection 1 to read as follows: "Notwithstanding any other provision of law, including any
charter provision, ordinance, statute, or special law, and except as provided in s. 166.411(9), if
the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power
of eminent domain is delegated files a petition of condemnation on or after the effective date of
this section regarding a parcel of real property in this state, ownership or control of property
acquired pursuant to such petition may not be conveyed by the condemning authority or any
other entity to a natural person or private entity, by lease or otherwise, except that ownership or
control of property acquired pursuant to such petition may be conveyed, by lease or otherwise,
to a natural person or private entity".
Section 4. The City Manager is hereby directed to make this a State Legislative Priority
for the City of Miami during the 2021 Legislative Session.
Section 5. The City Clerk is directed to transmit a certified copy of this Resolution to the
Legislature.
Section 6. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 3 of 4 File ID: 8558 (Revision:) Printed on: 211912021
File ID: 8558
Enactment Number: R-21-0052
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, C oty Attor iey 2/19/2021
City of Miami Page 4 of 4 File ID: 8558 (Revision:) Printed on: 211912021