HJR 1569

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 6 of
3	Article X of the State Constitution relating to eminent
4	domain.
5
6	Be It Resolved by the Legislature of the State of Florida:
7
8	That the following amendment to Section 6 of Article X of
9	the State Constitution is agreed to and shall be submitted to
10	the electors of this state for approval or rejection at the next
11	general election or at an earlier special election specifically
12	authorized by law for that purpose:
13	ARTICLE X
14	MISCELLANEOUS
15	SECTION 6.  Eminent domain.--
16	(a)  No private property shall be taken except for a public
17	purpose and with full compensation therefor paid to each owner
18	or secured by deposit in the registry of the court and available
19	to the owner.
20	(b)  Provision may be made by law for the taking of
21	easements, by like proceedings, for the drainage of the land of
22	one person over or through the land of another.
23	(c)  If a petition is filed on or after January 2, 2007, to
24	initiate eminent domain proceedings regarding a parcel of real
25	property in this state, ownership or control of property
26	acquired pursuant to such petition shall not be conveyed by the
27	condemning authority or any other entity to a natural person or
28	private entity, except that ownership or control of property
29	acquired pursuant to such petition may be conveyed to:
30	(1)  A natural person or private entity for use in
31	providing common carrier services or systems;
32	(2)  A natural person or private entity for use as a road
33	or other right-of-way or means open to the public for
34	transportation, whether at no charge or by toll;
35	(3)  A natural person or private entity that is a public or
36	private utility for use in providing electricity services or
37	systems, natural or manufactured gas services or systems, water
38	and wastewater services or systems, stormwater or runoff
39	services or systems, sewer services or systems, pipeline
40	facilities, telephone services or systems, or similar services
41	or systems;
42	(4)  A natural person or private entity for use in
43	providing public infrastructure;
44	(5)  A natural person or private entity that occupies,
45	pursuant to a lease, an incidental part of a public property or
46	a public facility for the purpose of providing goods or services
47	to the public;
48	(6)  A natural person or private entity if the property was
49	taken to eliminate an existing threat to public health or public
50	safety that is likely to continue absent the exercise of eminent
51	domain, as provided by general law;
52	(7)  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	(8)  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 paragraph (c)(1), (2), (3),
60	(4), (5), or (6), and that natural person or private entity
61	retains ownership and control of the property for at least 5
62	years after acquiring title, the property may subsequently be
63	transferred to another natural person or private entity without
64	restriction.
65	BE IT FURTHER RESOLVED that the following statement be
66	placed on the ballot:
67	CONSTITUTIONAL AMENDMENT
68	ARTICLE X, SECTION 6
69	EMINENT DOMAIN.--Proposing an amendment to the State
70	Constitution to prohibit the transfer of ownership or control of
71	private real property taken by eminent domain pursuant to a
72	petition filed on or after January 2, 2007, to any natural
73	person or private entity, except that:
74	(a)  Ownership or control of such property may be conveyed
75	to:
76	(1)  A natural person or private entity for use in
77	providing common carrier services or systems;
78	(2)  A natural person or private entity for use as a road
79	or other right-of-way or means open to the public for
80	transportation, whether at no charge or by toll;
81	(3)  A natural person or private entity that is a public or
82	private utility for use in providing electricity services or
83	systems, natural or manufactured gas services or systems, water
84	and wastewater services or systems, stormwater or runoff
85	services or systems, sewer services or systems, pipeline
86	facilities, telephone services or systems, or similar services
87	or systems;
88	(4)  A natural person or private entity for use in
89	providing public infrastructure;
90	(5)  A natural person or private entity that occupies,
91	pursuant to a lease, an incidental part of a public property or
92	a public facility for the purpose of providing goods or services
93	to the public;
94	(6)  A natural person or private entity if the property was
95	taken to eliminate an existing threat to public health or public
96	safety as provided by general law;
97	(7)  A natural person or private entity if the property was
98	owned and controlled by the condemning authority or a
99	governmental entity for at least 5 years after the condemning
100	authority acquired title to the property; or
101	(8)  A natural person or private entity in accordance with
102	subsection (b).
103	(b)  If ownership of property is conveyed to a natural
104	person or private entity pursuant to paragraph (a)(1), (2), (3),
105	(4), (5), or (6), and that natural person or private entity
106	retains ownership and control of the property for at least 5
107	years after acquiring title, the property may subsequently be
108	transferred to another natural person or private entity without
109	restriction.

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