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HomeMy WebLinkAboutAgenda Item Summary Formy� AGENDA ITEM SUMMARY FORM File ID: #8558 Date: 01/28/2021 Requesting Department: City Commission Commission Meeting Date: 01/28/2021 Sponsored By: Joe Carollo District Impacted: Type: Resolution Subject: District 3 Legislative Priority - Florida Statutes Sections 73.013 and 166.411 Budget Impact Analysis Total Fiscal Impact: Reviewed By City Commission Nicole Ewan Meeting Completed 01/28/2021 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 02/02/2021 7:03 PM Office of the City Attorney Richard Appleton ACA Review Completed 02/02/2021 7:06 PM Office of Management and Budget Leon P Michel Budget Review Completed 02/02/2021 10:52 PM Office of the City Attorney Richard Appleton ACA Review Completed 02/18/2021 7:19 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 02/19/2021 9:53 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 02/19/2021 10:32 AM Office of the City Clerk City Clerk's Office Rendered Completed 02/19/2021 12:09 PM �tzY,°p City of Miami City Hall " * `IIL111 IIATtA k ' „ 11 Legislation 3500 Pan American Drive Miami, FL 33133 r R % www.miamigov.com Resolution Enactment Number: 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 LEGISLATIVE SESSION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE LEGISLATURE. 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, 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. APPROVED AS TO FORM AND CORRECTNESS: ryt6ri i dez, ity ttor ey 2/19/2021 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.