| 1 | A bill to be entitled |
| 2 | An act relating to limitations on the exercise of the |
| 3 | power of eminent domain; limiting the circumstances under |
| 4 | which a state agency, political subdivision, or |
| 5 | corporation acting on behalf of a state agency or |
| 6 | political subdivision may use eminent domain to take |
| 7 | private property that is used as a residence and convert |
| 8 | it to commercial or industrial use; requiring that the |
| 9 | owner of the property be compensated for relocation costs |
| 10 | or that the resident of the property be provided with |
| 11 | housing assistance and job training; limiting the |
| 12 | percentage of private property which may be taken within a |
| 13 | zip code if such property is used as a residence by an |
| 14 | elderly person or a person whose income is at or below the |
| 15 | federal poverty level; requiring that a contract to |
| 16 | redevelop private property taken by a governmental entity |
| 17 | be awarded to a minority business; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Limitations on the exercise of the power of |
| 23 | eminent domain.-- |
| 24 | (1) As used in this section, the term "governmental |
| 25 | entity" means a state agency, a political subdivision, or a |
| 26 | corporation acting on behalf of a state agency or political |
| 27 | subdivision. |
| 28 | (2) A governmental entity, in exercising the power of |
| 29 | eminent domain otherwise conferred by law, may not take private |
| 30 | property that is being used as a residence and convert that |
| 31 | property to private commercial or industrial use, including, but |
| 32 | not limited to, an office or a retail business, unless: |
| 33 | (a) The property is the residence of its owner and the |
| 34 | governmental entity pays the owner as compensation for |
| 35 | relocation costs an amount that is 15 percent more than the |
| 36 | average price that was paid in the preceding year for homes |
| 37 | purchased within the zip code where the property is located. |
| 38 | (b) The property is not the residence of its owner and the |
| 39 | governmental entity provides, or arranges for another |
| 40 | governmental entity having expertise in providing housing or |
| 41 | financing housing to provide, to each person using the property |
| 42 | as a residence assistance in: |
| 43 | 1. Buying a home, including a grant, loan, or other |
| 44 | financial assistance and counseling in financial planning. |
| 45 | 2. Developing labor skills or finding employment. |
| 46 | (3) No more than 5 percent of the private property within |
| 47 | a zip code which is taken by a governmental entity under |
| 48 | subsection (2) may, at the time of the taking: |
| 49 | (a) Be used as a residence by a person who is 60 years of |
| 50 | age or older. |
| 51 | (b) Be owned by a person whose income is at or below the |
| 52 | federal poverty level. |
| 53 | (4) Each contract to redevelop property taken by a |
| 54 | governmental entity under subsection (2) for a commercial or |
| 55 | industrial use must be awarded, pursuant to a procurement |
| 56 | process, to a small business, at least 51 percent of which is |
| 57 | owned by a minority individual or a woman. |
| 58 | Section 2. This act shall take effect July 1, 2006. |