| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | House Joint Resolution |
| 6 | A joint resolution proposing an amendment to Section 6 of |
| 7 | Article X of the State Constitution relating to eminent |
| 8 | domain. |
| 9 |
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| 10 | Be It Resolved by the Legislature of the State of Florida: |
| 11 |
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| 12 | That the following amendment to Section 6 of Article X of |
| 13 | the State Constitution is agreed to and shall be submitted to |
| 14 | the electors of this state for approval or rejection at the next |
| 15 | general election or at an earlier special election specifically |
| 16 | authorized by law for that purpose: |
| 17 | ARTICLE X |
| 18 | MISCELLANEOUS |
| 19 | SECTION 6. Eminent domain.-- |
| 20 | (a) No private property shall be taken except for a public |
| 21 | purpose and with full compensation therefor paid to each owner |
| 22 | or secured by deposit in the registry of the court and available |
| 23 | to the owner. |
| 24 | (b) Provision may be made by law for the taking of |
| 25 | easements, by like proceedings, for the drainage of the land of |
| 26 | one person over or through the land of another. |
| 27 | (c) If a petition is filed on or after January 2, 2007, to |
| 28 | initiate eminent domain proceedings regarding a parcel of real |
| 29 | property in this state, ownership or control of property |
| 30 | acquired pursuant to such petition shall not be conveyed by the |
| 31 | condemning authority or any other entity to a natural person or |
| 32 | private entity, except that ownership or control of property |
| 33 | acquired pursuant to such petition may be conveyed to: |
| 34 | (1) A natural person or private entity for use in |
| 35 | providing common carrier services or systems; |
| 36 | (2) A natural person or private entity for use as a road |
| 37 | or other right-of-way or means open to the public for |
| 38 | transportation, whether at no charge or by toll; |
| 39 | (3) A natural person or private entity that is a public or |
| 40 | private utility for use in providing electricity services or |
| 41 | systems, natural or manufactured gas services or systems, water |
| 42 | and wastewater services or systems, stormwater or runoff |
| 43 | services or systems, sewer services or systems, pipeline |
| 44 | facilities, telephone services or systems, or similar services |
| 45 | or systems; |
| 46 | (4) A natural person or private entity for use in |
| 47 | providing public infrastructure; |
| 48 | (5) A natural person or private entity that occupies, |
| 49 | pursuant to a lease, an incidental part of a public property or |
| 50 | a public facility for the purpose of providing goods or services |
| 51 | to the public; |
| 52 | (6) A natural person or private entity if the property was |
| 53 | owned and controlled by the condemning authority or a |
| 54 | governmental entity for at least 5 years after the condemning |
| 55 | authority acquired title to the property; or |
| 56 | (7) A natural person or private entity in accordance with |
| 57 | subsection (d). |
| 58 | (d) If ownership of property is conveyed to a natural |
| 59 | person or private entity pursuant to any of paragraphs (c)(1)- |
| 60 | (5), and that natural person or private entity retains ownership |
| 61 | and control of the property for at least 5 years after acquiring |
| 62 | title, the property may subsequently be transferred to another |
| 63 | natural person or private entity without restriction. |
| 64 | BE IT FURTHER RESOLVED that the following statement be |
| 65 | placed on the ballot: |
| 66 | CONSTITUTIONAL AMENDMENT |
| 67 | ARTICLE X, SECTION 6 |
| 68 | EMINENT DOMAIN.--Proposing an amendment to the State |
| 69 | Constitution to prohibit the transfer of ownership or control of |
| 70 | private real property taken by eminent domain pursuant to a |
| 71 | petition filed on or after January 2, 2007, to any natural |
| 72 | person or private entity, except that: |
| 73 | (a) Ownership or control of such property may be conveyed |
| 74 | to: |
| 75 | (1) A natural person or private entity for use in |
| 76 | providing common carrier services or systems; |
| 77 | (2) A natural person or private entity for use as a road |
| 78 | or other right-of-way or means open to the public for |
| 79 | transportation, whether at no charge or by toll; |
| 80 | (3) A natural person or private entity that is a public or |
| 81 | private utility for use in providing electricity services or |
| 82 | systems, natural or manufactured gas services or systems, water |
| 83 | and wastewater services or systems, stormwater or runoff |
| 84 | services or systems, sewer services or systems, pipeline |
| 85 | facilities, telephone services or systems, or similar services |
| 86 | or systems; |
| 87 | (4) A natural person or private entity for use in |
| 88 | providing public infrastructure; |
| 89 | (5) A natural person or private entity that occupies, |
| 90 | pursuant to a lease, an incidental part of a public property or |
| 91 | a public facility for the purpose of providing goods or services |
| 92 | to the public; |
| 93 | (6) A natural person or private entity if the property was |
| 94 | owned and controlled by the condemning authority or a |
| 95 | governmental entity for at least 5 years after the condemning |
| 96 | authority acquired title to the property; or |
| 97 | (7) A natural person or private entity in accordance with |
| 98 | subsection (b). |
| 99 | (b) If ownership of property is conveyed to a natural |
| 100 | person or private entity pursuant to any of paragraphs (a)(1)- |
| 101 | (5), and that natural person or private entity retains ownership |
| 102 | and control of the property for at least 5 years after acquiring |
| 103 | title, the property may subsequently be transferred to another |
| 104 | natural person or private entity without restriction. |