Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2168
                        Barcode 790820
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/04/2006 08:22 PM         .                    
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11  The Committee on Judiciary (Webster) recommended the following
12  amendment to amendment (980844):
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14         Senate Amendment (with title amendment) 
15         On page 3, lines 15-24, delete those lines
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17  and insert:  73.021 Petition; contents; burden of proof;
18  public purpose limitation.--Those having the right to exercise
19  the power of eminent domain may file a petition therefor in
20  the circuit court of the county wherein the property lies,
21  which petition shall set forth:
22         (1)  The authority under which and the public use or
23  purpose for which the property is to be acquired, and that the
24  property is reasonably necessary for that public use or
25  purpose. The condemning authority has the burden of showing
26  reasonable necessity and a public purpose or use. The public
27  interest must dominate any private gain. Notwithstanding any
28  other provision of law, including any charter provision,
29  ordinance, statute, or special law, taking private property
30  for the prevention and elimination of slums and blight does
31  not satisfy the public-purpose requirement of s. 6(a), Art. X
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    12:29 PM   04/04/06                             s2168.ju09.03p


    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2168
                        Barcode 790820
 1  of the State Constitution;
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 4  ================ T I T L E   A M E N D M E N T ===============
 5  And the title is amended as follows:
 6         On page 27, line 19, after the semicolon
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 8  insert:  providing that the prevention of slums and blight
 9  does not satisfy the requirement under the State Constitution
10  that a taking be for a public purpose;
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    12:29 PM   04/04/06                             s2168.ju09.03p