On Thursday, both Houses of the Florida Legislature united to send a resounding message that eminent domain abuse will not be tolerated in Florida. 

HB1567/SB2168 passed unanimously in the House (113-0) and by an overwhelming margin in the Senate (37-3). The final legislation provides a comprehensive set of restrictions on the use of eminent domain and specifically states that the prevention or elimination of a slum area or blighted area is not purpose for which private property may be taken.

Both Houses also passed HB1567/SJR626 which proposes a Constitutional Amendment to be placed on the November 2006 General Election Ballot which will give Florida voters the opportunity to place another layer of long-term protection into the Florida Constitution.

Florida property owners owe Senate President Tom Lee and House Speaker Allan Bense a debt of gratitude. They have just helped to reverse the Supreme Court's ruling on eminent domain in our State. As soon as Governor Bush signs this legislation, Florida will have the strongest protections against eminent domain abuse in the nation.

A key issue in the final hours of debate was the issue of effective date. Seeing their window of opportunity closing, lobbyists for the municipalities(paid by our tax dollars) argued fiercely to amend the bill and to extend the effective date which would have allowed them to continue their legalized theft for 6-9 more months. Thankfully, the amendment was dismissed by Legislative leadership and the bill will become law immediately upon signature of the Governor.

In addition to the leadership of President Tom Lee and Speaker Allan Bense, several other legislators deserve special commendation for the vital roles they played in passing such strong legislation. Incoming Speaker, Representative Marco Rubio, Chair of the House Select Committee to Protect Private Property Rights, and Senate Majority Leader Dan Webster, Chairman of the Senate Judiciary Committee were the two leaders in each house whose individual commitment to property rights ensured the final text provided comprehensive protections.  Representative Everett Rice and Senator Burt Saunders were the primary sponsors and champions of the Constitutional Amendment. Representative Dean Cannon was another critical player in negotiating the merger of drafts between both Houses.  A host of other legislators provided important input, supporting committee votes, and all who voted for the passage of this legislation deserve our thanks. 

CPR would also like to take the opportunity to recognize several individuals and organizations which helped to present a united front and worked to educate legislative staff and decision-makers on specific bill language.  Attorney Andy Brigham and his partners at the Brigham Moore law firm played an invaluable role in detailing specific cases of eminent domain taking place in Florida and the practical, courtroom impacts of deficiencies in existing law. Andy was also a tireless advocate for provision on effective date which would have assisted property owners who currently litigating or appealing active condemnation cases. Attorney Wade Hopping of Hopping Green & Sams law firm and Butch Calhoun of the Florida Fruit and Vegetable Association represented a Tallahassee-based lobbying confederation known as the Property Rights Coalition.  Dana Berliner of the Institute for Justice which represented Susette Kelo, also made several trips from Washington, D.C. to provide testimony on specific bill drafts and information regarding what other states had done. Valerie Fernandez of the Pacific Legal Foundation's Atlantic Center and Bob McClure of the James Madison Institute also assisted in educating lawmakers regarding the context and impact of the Kelo decision.  Members of other organizations, such as National Federation of Independent Businesses, the Florida Chamber, FreedomWorks, and the Republican Liberty Caucus also added additional muscle to this collective effort.

The impact of testimony and contacts by property owners whose homes and businesses have already been condemned or targeted for condemnation, including David Mach of Hollywood, Peter Colt of Daytona Beach, and Martha Babson of Riviera Beach, and Reverend E.J. Maddox of Boynton Beach which traveled to Tallahassee, had a tremendous impact in showing lawmakers that real Floridians were being victimized under existing law.

Perhaps most important in the process, were the tens of thousands of citizens who could not travel to Tallahassee, but were critical in passing this legislation. A special thanks to each Floridian who took the time to add volume to our collective voice by calling, writing or emailing the legislative leaders. Your actions helped to change Florida law and every citizen who stepped up should take personal pride in having influenced the passage of this legislation.

And to the unsung heroes, the Legislative staffers (T.H., K.C., E.M., N.L., J.I., C.S.) who worked tirelessly to write, rewrite, analyze and re-analyze every line of every draft proposed, CPR extends our heartful appreciation for your service. 

It is now up to Governor Jeb Bush to put pen to paper as soon as possible and when he does, our collective efforts will have effectively ended this glaring form of eminent domain abuse in our state.

REMINDER:  MAY 12^th  EVENT FEATURING CONGRESSMAN RICHARD POMBO

If you have not registered for the upcoming Coalition for Property Rights' Issues Form, "Reclaiming Land Rights Through Regulatory Reform," featuring one of the nation's most powerful property rights champions: U.S. Congressman Richard Pombo. Congressman Pombo currently serves as Chairman of the House Committee on Resources and Vice Chairman of the Agriculture Committee. In 2005, Congressman Pombo spearheaded the passage of the landmark Endangered Species Act revision (TESRA) and is considered by many to be one the most powerful officials over land use in Congress today. He has also been a leader on business regulation issues and national energy policy. All locally-elected officials are invited as complimentary guests. The event is scheduled from 11:30 to 1:00 p.m. at the Country Club of Orlando. RSVP today to 407.481.2289 or forum@proprights.com.