| 1 | The Committee on Business Regulation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the right of eminent domain to natural |
| 7 | gas companies; amending s. 361.05, F.S.; expanding eminent |
| 8 | domain provisions to include additional business entities; |
| 9 | authorizing use of certain eminent domain provisions of |
| 10 | law; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 361.05, Florida Statutes, is amended to |
| 15 | read: |
| 16 | 361.05 Right of eminent domain to natural gas |
| 17 | companies.--Any corporation or other business entity organized |
| 18 | Any corporation or other business entity organized under the |
| 19 | laws of this state, or by virtue of the laws of any other state, |
| 20 | and qualified to do business in this state, for the purpose of |
| 21 | supplying any city, town, village or the inhabitants thereof, or |
| 22 | any community with natural gas for domestic or industrial |
| 23 | purposes, including any natural gas transmission pipeline |
| 24 | company that has received certification under ss. 403.9401- |
| 25 | 403.9425 or any entity that is subject to regulation under the |
| 26 | federal Natural Gas Act, 15 U.S.C. s. 717, shall have the right |
| 27 | of eminent domain and may use the provisions of chapters 73 and |
| 28 | 74 to lay its pipelines and works; to cause such examinations |
| 29 | and surveys for the proposed pipelines to be made as shall be |
| 30 | necessary for the selection of the most advantageous routes; to |
| 31 | enter upon any land, public or private, necessary to the |
| 32 | business contemplated in its charter; to construct its pipelines |
| 33 | across, over, under, along, and upon any stream of water, |
| 34 | watercourse, canal, lake, bay, gulf, road, street, highway, |
| 35 | railroad, and transmission line; to take from any land most |
| 36 | convenient to its pipelines and works, any timber, stone, earth, |
| 37 | water, or other material which may be necessary to the |
| 38 | construction, operation, keeping in repair, or preservation of |
| 39 | its pipelines, works, and improvements, upon making due |
| 40 | compensation according to law to private owners, with such |
| 41 | reservation, if any, of oil, gas, and mineral rights as those |
| 42 | owners may determine. If, in order to make repairs to or to |
| 43 | relocate any tracks of any railroad or for the performance of |
| 44 | any work of construction or reconstruction by any railroad upon |
| 45 | its right-of-way, it becomes necessary to relocate temporarily |
| 46 | or permanently any natural gas pipeline constructed upon any |
| 47 | railroad right-of-way, such work incident to the relocation of |
| 48 | such natural gas pipeline shall be performed, and the expense |
| 49 | borne, by the company owning or operating that pipeline. |
| 50 | Section 2. This act shall take effect upon becoming a law. |