Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1164
       
       
       
       
       
       
                                Ì591224ÄÎ591224                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2023           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 748 and 749
    4  insert:
    5         Section 21. Present subsections (10) through (13) of
    6  section 570.71, Florida Statutes, are redesignated as
    7  subsections (11) through (14), respectively, and a new
    8  subsection (10) is added to that section, to read:
    9         570.71 Conservation easements and agreements.—
   10         (10)Notwithstanding any other law or rule, the department
   11  shall submit a purchase agreement authorized by this section to
   12  the Board of Trustees of the Internal Improvement Trust Fund for
   13  approval if the purchase price exceeds $5 million.
   14         Section 22. Paragraph (b) of subsection (1) of section
   15  570.715, Florida Statutes, is amended to read:
   16         570.715 Conservation easement acquisition procedures.—
   17         (1) For less than fee simple acquisitions pursuant to s.
   18  570.71, the Department of Agriculture and Consumer Services
   19  shall comply with the following acquisition procedures:
   20         (b) Before approval by the board of trustees of an
   21  agreement to purchase less than fee simple title to land
   22  pursuant to s. 570.71, an appraisal of the parcel shall be
   23  required as follows:
   24         1. Each parcel to be acquired shall have at least one
   25  appraisal. Two appraisals are required when the estimated value
   26  of the parcel exceeds $5 $1 million. However, when both
   27  appraisals exceed $5 $1 million and differ significantly, a
   28  third appraisal may be obtained.
   29         2. Appraisal fees and associated costs shall be paid by the
   30  department. All appraisals used for the acquisition of less than
   31  fee simple interest in lands pursuant to this section shall be
   32  prepared by a state-certified appraiser who meets the standards
   33  and criteria established by rule of the board of trustees. Each
   34  appraiser selected to appraise a particular parcel shall, before
   35  contracting with the department or a participant in a multiparty
   36  agreement, submit to the department or participant an affidavit
   37  substantiating that he or she has no vested or fiduciary
   38  interest in such parcel.
   39         Section 23. Paragraph (i) of subsection (3) of section
   40  259.105, Florida Statutes, is amended to read:
   41         259.105 The Florida Forever Act.—
   42         (3) Less the costs of issuing and the costs of funding
   43  reserve accounts and other costs associated with bonds, the
   44  proceeds of cash payments or bonds issued pursuant to this
   45  section shall be deposited into the Florida Forever Trust Fund
   46  created by s. 259.1051. The proceeds shall be distributed by the
   47  Department of Environmental Protection in the following manner:
   48         (i) Three and five-tenths percent to the Department of
   49  Agriculture and Consumer Services for the acquisition of
   50  agricultural lands, through perpetual conservation easements and
   51  other perpetual less than fee techniques, which will achieve the
   52  objectives of Florida Forever and s. 570.71. Rules concerning
   53  the application, acquisition, and priority ranking process for
   54  such easements shall be developed pursuant to s. 570.71(11) s.
   55  570.71(10) and as provided by this paragraph. The board shall
   56  ensure that such rules are consistent with the acquisition
   57  process provided for in s. 570.715. The rules developed pursuant
   58  to s. 570.71(11) s. 570.71(10), shall also provide for the
   59  following:
   60         1. An annual priority list shall be developed pursuant to
   61  s. 570.71(11) s. 570.71(10), submitted to the council for
   62  review, and approved by the board pursuant to s. 259.04.
   63         2. Terms of easements and acquisitions proposed pursuant to
   64  this paragraph shall be approved by the board and may not be
   65  delegated by the board to any other entity receiving funds under
   66  this section.
   67         3. All acquisitions pursuant to this paragraph shall
   68  contain a clear statement that they are subject to legislative
   69  appropriation.
   70  
   71  Funds provided under this paragraph may not be expended until
   72  final adoption of rules by the board pursuant to s. 570.71.
   73  
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete lines 76 - 79
   77  and insert:
   78         circumstances; repealing s. 570.23, F.S., relating to
   79         the State Agricultural Advisory Council; amending s.
   80         570.71, F.S.; requiring the department to submit
   81         specified conservation easement purchase agreements to
   82         the Board of Trustees of the Internal Improvement
   83         Trust Fund for approval; amending s. 570.715, F.S.;
   84         increasing the estimated value threshold for the
   85         appraisal of specified conservation easement
   86         acquisitions; repealing s. 570.843, F.S., relating to
   87         the Florida Young Farmer and Rancher Advisory Council;
   88         amending s. 259.105, F.S.; conforming cross
   89         references; amending s. 570.93, F.S.;