| Official Ballot Summary:
(Click
here for a PDF of the full text.) |
| Proposing an amendment to the State Constitution
to prohibit the transfer of private property taken by eminent domain to a
natural person or private entity, providing that the Legislature may by general
law passed by a three-fifths vote of the membership of each house of the
Legislature permit exceptions allowing the transfer of such private property;
and providing that this prohibition on the transfer of private property taken by
eminent domain is applicable if the petition of taking that initiated the
condemnation proceeding was filed on or after January 2, 2007. |
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| Amendment Type: |
Legislative/Joint Resolution, this amendment was placed on the ballot by the Florida Legislature during the 2006 Legislative Session. It was required to pass both the Senate and House by a 60% vote to be eligible for the ballot.
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| Sponsor: |
Florida Legislature
HJR 1569 (2006 Session)
Sponsor: Rep. Marco Rubio (R-Miami)
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| Known Proponents: |
• Coalition for Property Rights (CPR)
• Florida Association of Realtors
• Florida Chamber of Commerce
• Florida Farm Bureau
• Florida Fruit & Vegetable Association (FFVA)
• National Federation of Independent Businesses
• Property Rights Coalition (PRC)
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| Known Opponents: |
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Unknown
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| Were Paid Signature Gatherers Used to Place This on the Ballot? |
N/A - Amendment was placed on the ballot via the Legislature. It was required to pass both the Senate and House by a 60% vote.
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| Arguments: |
| FOR |
The decision as to whether a taking
for economic development purposes is permissible in Florida lies squarely in the
judiciary, and will remain so unless the constitution or statutes are amended to
restrict such takings. Unless the Florida Constitution is amended, the question
of whether a city or a county may take property for purposes of economic
development will remain unanswered.
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| AGAINST |
A constitutional amendment is not needed to
address any eminent domain issues. This proposed constitutional amendment would
place strict limits on the circumstances under which private property taken by
eminent domain may be transferred to another party.
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| What Your Vote Means: |
| YES |
| If approved by voters, Amendment #8 would
require that private property taken by eminent domain must be retained for 10 years
before it may be transferred to another private entity. The Legislature may
provide exceptions to this limitation if passed by a 3/5 votes of the membership
of each house. |
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| NO |
| If Amendment #8 is not approved by voters,
additional limits will not be placed and eminent domain. It would remain
in its current form as stated in the Florida
Constitution, Section 6, Article X, "prohibits takings
of private property unless the taking is for a “public purpose” and the property
owner is paid “full compensation.” |
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| Financial Impact: |
| There is not a direct financial impact on
taxpayers, state or local government. Note:
The Financial Impact Estimating Conference is not required to adopt and prepare
official financial impact statements to accompany proposed constitutional
amendments which are placed on the ballot by the Florida Legislature.
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