Senate Bill sb0008

    Florida Senate - 2006        (Corrected Copy)             SB 8

    By Senator Saunders





    37-91-06

  1                      A bill to be entitled

  2         An act relating to limitations on the use of

  3         the power of eminent domain; providing a

  4         definition; prohibiting, under certain

  5         conditions, a state agency, political

  6         subdivision, or corporation acting on behalf of

  7         a state agency or political subdivision from

  8         taking private property through the use of

  9         eminent domain; providing exemptions from the

10         prohibition; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Limitation on the use of eminent domain to

15  benefit private parties or for purposes of economic

16  development.--

17         (1)  As used in this section, the term "governmental

18  entity" means a state agency, a political subdivision, or a

19  corporation created by and acting on behalf of a state agency

20  or political subdivision.

21         (2)  A governmental entity may not take private

22  property through the use of eminent domain if the taking:

23         (a)  Confers a private benefit on a particular private

24  party through the use of the property;

25         (b)  Is for a public use that is merely a pretext for

26  conferring a private benefit on a particular private party;

27         (c)  Is for purposes of economic development, unless

28  the purpose is community redevelopment as authorized pursuant

29  to s. 163.375, Florida Statutes; or

30         (d)  Is for purposes of raising revenue to pay the

31  costs of a public project if the property being taken is not

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006        (Corrected Copy)             SB 8
    37-91-06




 1  otherwise necessary for the successful or safe operation of

 2  that public project.  However, this paragraph does not

 3  prohibit the distribution of surplus toll revenue as otherwise

 4  authorized by law.

 5         (3)  The prohibition in subsection (2) applies to the

 6  use of eminent domain under the authority conferred by state

 7  or local law.  However, subsection (2) does not limit the

 8  authority conferred by state law for taking private property

 9  through the use of eminent domain for purposes of:

10         (a)  A transportation project, including a railroad,

11  port, airport, or a public road or highway;

12         (b)  A water supply, wastewater, flood control, or

13  drainage project;

14         (c)  The operations of a common carrier or energy

15  transporter;

16         (d)  The provision of utility services;

17         (e)  A convention center, sports stadium, sports arena,

18  coliseum, or auditorium project approved by voters at a

19  referendum held in conjunction with a general election; or

20         (f)  Public infrastructure.

21         Section 2.  This act shall take effect July 1, 2006.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Prohibits a governmental entity from taking private
      property through the use of eminent domain if the taking
26    confers a private benefit on a private party, is for the
      purpose of economic development not otherwise authorized
27    by law, or is for the purpose of raising revenue for a
      public project. Provides certain exceptions. (See bill
28    for details.)

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.