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Master Report
File Number: 8558
Revision:
Enactment Number: R-21-0052
File Type: Resolution
File Name: District 3 Legislative Priority - Florida Statutes
Sections 73.013 and 166.411
Requesting Dept: City Commission
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Status: ADOPTED
Controlling Body: City Commission
Introduced: 1 /28/2021
Final Action Date: 1/28/2021
Title: 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 LEGISLATIVE SESSION; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE LEGISLATURE.
City of Miami Page 1 of 2 Printed on: 211912021
O ,, City of Miami City Hall
fy. 3500 Pan American Drive
Miami, FL 33133
Master Report www.miamigov.com
www.miami ov.com
Enactment Number: R-21-0052
Sponsor(s): Commissioner Joe Carollo
Notes: NOTE #1: Pursuant to the resolution, this item became effective immediately upon adoption
by the Commission. NOTE #2: Per Directive, City Clerk's Office transmitted on 2/19/2021.
Links:
Attachments:
History of Legislative File:
Revision: Acting Body: Date: Action: Result:
City Commission
1/28/2021
Meeting
Completed
City Commission
1/28/2021
ADOPTED
Passed
Victoria Mendez
2/19/2021
Approved Form and
Completed
Correctness
City Clerk's Office
2/19/2021
Rendered
Completed
City of Miami Page 2 of 2 Printed on: 211912021