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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Hargrett moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 5, between lines 2 and 3,

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16  insert:

17         Section 5.  Subsection (6) is added to section 253.82,

18  Florida Statutes, to read:

19         253.82  Title of state or private owners to Murphy Act

20  lands.--

21         (6)(a)  All reservations of easements on deeds by the

22  Board of Trustees of the Internal Improvement Trust Fund

23  conveying land acquired under chapter 18296, Laws of Florida,

24  1937, are hereby vested by operation of law and without the

25  necessity of instruments of conveyance from the Trustees of

26  the Internal Improvement Fund, Trustees of the Internal

27  Improvement Trust Fund or the Board of Trustees of the

28  Internal Improvement Trust Fund, in the governmental entity

29  having right and title to the road to which the reservations

30  are adjacent. All reservations adjacent to a road that was

31  designated as a state road at the time of the reservation and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    





 1  which road is currently held by the state are conveyed to the

 2  Department of Transportation. All reservations adjacent to a

 3  road that was designated as a state road at the time of the

 4  reservation and which is not held by the state and which is

 5  located in an unincorporated area of a county or on a road

 6  held by the county within any incorporated area are conveyed

 7  to the respective counties. All other reservations within

 8  incorporated areas adjacent to a road that was designated as a

 9  state road at the time of the reservation and which are not

10  otherwise conveyed to the state or the county are conveyed to

11  the incorporated area. The conveyance includes all right,

12  title, and interests in the reservation held by the Board of

13  Trustees of the Internal Improvement Trust Fund.

14         (b)  Every entity holding title to Murphy Act

15  reservations must establish a procedure for review of any deed

16  containing a reservation when a review is requested or a road

17  project is anticipated. The review process must provide for:

18         1.  A determination of whether the language of the deed

19  created a reservation at the time of the original conveyance.

20         2.  Review of any release of the reservation provided

21  by the property owner.

22         3.  The recording of a notice of the nonexistence of a

23  reservation if reservation language in the deed does not

24  impact the property.

25         4.  A determination of whether any or all of the

26  reservation may be released, and a form for recording the

27  release.

28         5.  A process to allow for review through mediation if

29  requested by the property owner or through binding arbitration

30  pursuant to the process in chapter 44.

31         6.  Any administrative fee charged not to exceed the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    





 1  actual cost to review the deed, with no fee to exceed $300.

 2  The property owner shall be responsible for the payment of any

 3  recording fees the property owner incurs. The property owner

 4  and governmental entity shall be responsible for their

 5  respective fees to perform an appeal or participate in

 6  mediation or arbitration as provided in this subsection. A

 7  governmental entity may waive administrative fees upon a

 8  determination by the governmental entity of the property

 9  owner's economic hardship.

10         (c)1.  Any owner of property encumbered by a Murphy Act

11  reservation who has been denied a release pursuant to this

12  section of all or part of the reservation or who has received

13  notice of a governmental entity's intent to preserve the

14  reservation under s. 712.05, may appeal to the entity and show

15  that the reservation substantially denies the property owner

16  the current economic use of the property held by the owner.

17  For purposes of this determination, the term "current economic

18  use" means the use of the property on the date notice of the

19  easement is filed under s. 712.05 or, if notice has not been

20  received, upon the date the property owner applies for release

21  of the easement.

22         2.  Upon a determination by the governmental entity

23  that the reservation substantially denies the property owner

24  the current economic use of the property held by the owner,

25  the entity must purchase the real property and improvements

26  not retained by the property owner in fee simple title or

27  release all or part of the reservation as necessary to allow

28  for the current economic use of the property.

29         3.  Where the governmental entity and the property

30  owner are unable to agree as to whether the reservation

31  substantially denies the current economic use of the property

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    





 1  or as to the purchase price, the property owner may request

 2  mediation, and, if mediation is unsuccessful, the property

 3  owner may demand binding arbitration pursuant to the process

 4  in chapter 44 to resolve these issues.

 5         4.  Prior to the payment of any compensation, the

 6  property owner must provide the governmental entity copies of

 7  any title insurance policies and notice of any compensation

 8  received from a title company related to the easement, and the

 9  amount of any compensation received or due as a result of such

10  title insurance policies shall be offset against the amount of

11  compensation paid by the governmental entity.

12         (d)  The process for release of any reservation covered

13  by this section or payment for property impacted by the use of

14  a reservation covered by this section shall be solely in

15  accordance with this section. Any action for the condemnation

16  or inverse condemnation of property related to road

17  construction is separate and distinct from any proceedings

18  pursuant to this section.

19         (e)  The governmental entity is not liable for

20  attorney's fees or costs incurred by the owner in establishing

21  substantial denial of the current economic use or in

22  establishing the purchase price of the property.

23         (f)  The provisions of this subsection apply only to

24  reservations of easements on deeds for roads and shall not

25  apply to any other reservations, including canal, oil, gas, or

26  mineral reservations.

27         Section 6.  Section 712.04, Florida Statutes, is

28  amended to read:

29         712.04  Interests extinguished by marketable record

30  title.--Subject to the matters stated in s. 712.03, such

31  marketable record title shall be free and clear of all

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    





 1  estates, interests, claims, or charges whatsoever, the

 2  existence of which depends upon any act, title transaction,

 3  event or omission that occurred prior to the effective date of

 4  the root of title.  All such estates, interests, claims, or

 5  charges, however denominated, whether such estates, interests,

 6  claims, or charges are or appear to be held or asserted by a

 7  person sui juris or under a disability, whether such person is

 8  within or without the state, whether such person is natural or

 9  corporate, or is private or governmental, are hereby declared

10  to be null and void, except that this chapter shall not be

11  deemed to affect any right, title, or interest of the United

12  States, Florida, or any of its officers, boards, commissions,

13  or other agencies reserved in the patent or deed by which the

14  United States, Florida, or any of its agencies parted with

15  title. However, all reservations of easements, except as

16  provided in s. 253.82(6)(f), in deeds by the Trustees of the

17  Internal Improvement Fund, Trustees of the Internal

18  Improvement Trust Fund, Board of Trustees of the Internal

19  Improvement Trust Fund conveying land acquired under chapter

20  18296, Laws of Florida, 1937, and not preserved in accordance

21  with s. 712.05(3), shall be extinguished by the Marketable

22  Record Title Act on July 1, 2002, subject to the matters under

23  s. 712.03, and further subject to the right of any

24  governmental entity holding title to the reservations to

25  preserve such reservations that are necessary for future

26  transportation projects in adopted transportation plans by

27  filing notice under s. 712.05(3), before July 1, 2002.

28         Section 7.  Subsection (3) is added to section 712.05,

29  Florida Statutes, to read:

30         712.05  Effect of filing notice.--

31         (3)  Any governmental entity claiming a road

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    





 1  reservation pursuant to a deed conveyed pursuant to the Murphy

 2  Act may preserve the reservation or any portion thereof

 3  necessary for future transportation projects in adopted

 4  transportation plans and protect it from extinguishment by the

 5  operation of this chapter by filing for the record, prior to

 6  July 1, 2002, a notice, in writing, in accordance with the

 7  provisions of this chapter. The notice will have the effect of

 8  preserving the reservation or portion thereof for a period of

 9  10 years if, prior to the end of the 10 years, the reservation

10  is used or identified by the governmental entity in the plans

11  of a road project scheduled for construction to begin prior to

12  the end of the 10 years. Any reservation used or identified in

13  the final design plans of a road project scheduled for

14  construction to begin before the end of the 10 years is not

15  extinguished.

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17  (Redesignate subsequent sections.)

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20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 10, after the semicolon

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24  insert:

25         amending s. 253.82, F.S.; providing for

26         conveyance of all Murphy Act transportation

27         easements to the governmental entity currently

28         having title to the adjacent roadway; requiring

29         the establishment of a procedure for review of

30         deeds containing Murphy Act transportation

31         reservations; setting requirements for the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1314

    Amendment No.    





 1         review process; providing for compensation of

 2         certain property owners if the reservation

 3         denies the property owner the current economic

 4         use of the property; amending s. 712.04, F.S.;

 5         providing for reservations of easements in

 6         deeds by the Board of Trustees of the Internal

 7         Improvement Trust Fund to be extinguished on a

 8         specified date, subject to certain limitations;

 9         providing applicability; amending s. 712.05,

10         F.S.; providing procedures by which a

11         governmental entity may preserve a road

12         reservation; requiring notice;

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