House Bill hb1019

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    Florida House of Representatives - 2001                HB 1019

        By Representative Machek






  1                      A bill to be entitled

  2         An act relating to land acquisition and

  3         management; amending s. 73.015, F.S.; requiring

  4         the condemning authority in an eminent domain

  5         proceeding to notify the fee owner of certain

  6         information and provide the fee owner with a

  7         copy of certain statute sections prior to or

  8         concurrent with the authority's making the

  9         written offer of compensation to the fee owner;

10         amending s. 270.11, F.S.; providing discretion

11         to water management districts, local

12         governments, the Board of Trustees of the

13         Internal Improvement Trust Fund, and other

14         state agencies to determine whether to reserve

15         mineral interests when selling lands;

16         clarifying the types of information to be given

17         by landowners wanting a release of a

18         reservation; amending s. 373.056, F.S.;

19         authorizing water management districts to grant

20         utility easements on district-owned lands in

21         order to provide utility service; amending s.

22         373.093, F.S.; granting additional time to

23         water management districts to provide

24         notification prior to executing lease

25         agreements; amending s. 373.096, F.S.;

26         authorizing water management districts to

27         abandon easements, reservations, and

28         right-of-way interests that are no longer

29         needed; amending s. 373.139, F.S.; authorizing

30         water management districts to cure title

31         defects after a land sale is executed; allowing

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    Florida House of Representatives - 2001                HB 1019

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  1         the disclosure of title information to private

  2         landowners under certain circumstances;

  3         allowing the disclosure of title information,

  4         appraisal information, offers, and

  5         counteroffers to third parties working on the

  6         district's behalf; authorizing the use of

  7         third-party appraisals under certain

  8         circumstances; amending s. 373.1401, F.S.;

  9         authorizing water management districts to

10         contract with nongovernmental persons or

11         entities for management, improvement, or

12         maintenance of land held by the district;

13         amending s. 712.04, F.S.; revising language

14         with respect to interests extinguished by

15         marketable record title to conform to the act;

16         providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Paragraph (a) of subsection (1) of section

21  73.015, Florida Statutes, is amended to read:

22         73.015  Presuit negotiation.--

23         (1)  Effective July 1, 2000, before an eminent domain

24  proceeding is brought under this chapter or chapter 74, the

25  condemning authority must attempt to negotiate in good faith

26  with the fee owner of the parcel to be acquired, must provide

27  the fee owner with a written offer and, if requested, a copy

28  of the appraisal upon which the offer is based, and must

29  attempt to reach an agreement regarding the amount of

30  compensation to be paid for the parcel.

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    Florida House of Representatives - 2001                HB 1019

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  1         (a)  Prior to or concurrent with the condemning

  2  authority's making the written offer of compensation to the

  3  fee owner At the inception of negotiation for acquisition, the

  4  condemning authority must provide a copy of this section and

  5  ss. 73.091 and 73.092 to the fee owner and notify the fee

  6  owner of the following:

  7         1.  That all or a portion of his or her property is

  8  necessary for a project.

  9         2.  The nature of the project for which the parcel is

10  considered necessary, and the parcel designation of the

11  property to be acquired.

12         3.  That, within 15 business days after receipt of a

13  request by the fee owner, the condemning authority will

14  provide a copy of the appraisal report upon which the offer to

15  the fee owner is based; copies, to the extent prepared, of the

16  right-of-way maps or other documents that depict the proposed

17  taking; and copies, to the extent prepared, of the

18  construction plans that depict project improvements to be

19  constructed on the property taken and improvements to be

20  constructed adjacent to the remaining property, including, but

21  not limited to, plan, profile, cross-section, drainage, and

22  pavement marking sheets, and driveway connection detail.  The

23  condemning authority shall provide any additional plan sheets

24  within 15 days of request.

25         4.  The fee owner's statutory rights under ss. 73.091

26  and 73.092.

27         5.  The fee owner's rights and responsibilities under

28  paragraphs (b) and (c) and subsection (4).

29         Section 2.  Subsections (1) and (3) of section 270.11,

30  Florida Statutes, are amended to read:

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  1         270.11  Contracts for sale of public lands to reserve

  2  certain mineral rights; prohibition on exercise of right of

  3  entry in certain cases.--

  4         (1)  Unless the applicable agency chooses not to

  5  reserve such interest Except as otherwise provided by law, in

  6  all contracts and deeds for the sale of land executed by the

  7  Board of Trustees of the Internal Improvement Trust Fund or by

  8  any local government, water management district, or other

  9  agency of the state, there shall be reserved for such local

10  government, water management district, other agency of the

11  state, or the board of trustees and its successors an

12  undivided three-fourths interest in, and title in and to an

13  undivided three-fourths interest in, all the phosphate,

14  minerals, and metals that are or may be in, on, or under the

15  said land and an undivided one-half interest in all the

16  petroleum that is or may be in, on, or under said land with

17  the privilege to mine and develop the same.

18         (3)  A local government, water management district, or

19  agency of the state may, at its discretion, sell or release

20  such reserved interest in any parcel of land, except that such

21  sale or release shall be made upon petition of the purchaser

22  for such interest and with upon submission by the local

23  government, water management district, or agency of the state

24  which owns the parcel of a statement of reasons justifying

25  such sale or release.

26         Section 3.  Subsection (4) of section 373.056, Florida

27  Statutes, is amended to read:

28         373.056  State agencies, counties, drainage districts,

29  municipalities, or governmental agencies or public

30  corporations authorized to convey or receive land from water

31  management districts.--

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  1         (4)  Any water management district within this chapter,

  2  under such terms and conditions as the governing board of such

  3  district may determine, shall have authority to convey or

  4  lease to any other agency described herein or to the United

  5  States Government, including its agencies, land or rights in

  6  land owned by such district not required for its purposes and

  7  may grant utility easements on lands owned by such district to

  8  any private or public utility for the limited purpose of

  9  obtaining utility service to district property, under such

10  terms and conditions as the governing board of such district

11  may determine.

12         Section 4.  Subsection (2) of section 373.093, Florida

13  Statutes, is amended to read:

14         373.093  Lease of lands or interest in land.--The

15  governing board of the district may lease any lands or

16  interest in land, including but not limited to oil and mineral

17  rights, to which the district has acquired title, or to which

18  it may hereafter acquire title in the following manner, as

19  long as the lease is consistent with the purposes for which

20  the lands or any interest in land was acquired:

21         (2)  Before leasing any land, or interest in land

22  including but not limited to oil and mineral rights, the

23  district shall cause a notice of intention to lease to be

24  published in a newspaper published in the county in which said

25  land is situated and such other places as the board may

26  determine once each week for 3 successive weeks (three

27  insertions being sufficient), the first publication of which

28  shall be not less than 30 nor more than 90 45 days prior to

29  the date the board executes the any lease, which said notice

30  shall set forth the time and place of leasing and a

31  description of the lands to be leased.

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  1         Section 5.  Section 373.096, Florida Statutes, is

  2  amended to read:

  3         373.096  Releases.--Except for conservation easements

  4  which may be released pursuant to s. 704.06, the governing

  5  board of the district may release any canal easement,

  6  reservation, or right-of-way interests, conveyed to it for

  7  which it has no present or apparent future use under terms and

  8  conditions determined by the board. In addition, the governing

  9  board of the district may unilaterally abandon or vacate such

10  easements, reservations, or right-of-way interests, or

11  portions thereof, for which the district has no present or

12  apparent future use. Such action by the board shall be

13  conclusive and will not require any other party to give its

14  approval, acknowledge its acceptance, or take any other

15  action, and the district shall have no further obligations,

16  liabilities, or responsibilities with respect to the abandoned

17  or vacated easement, reservation, or right-of-way interests.

18         Section 6.  Subsection (2) and paragraph (a) of

19  subsection (3) of section 373.139, Florida Statutes, are

20  amended to read:

21         373.139  Acquisition of real property.--

22         (2)  The governing board of the district is empowered

23  and authorized to acquire in fee or less than fee title to

24  real property, and easements and other interests therein, by

25  purchase, gift, devise, lease, eminent domain, or otherwise

26  for flood control, water storage, water management,

27  conservation and protection of water resources, aquifer

28  recharge, water resource and water supply development, and

29  preservation of wetlands, streams, and lakes. Eminent domain

30  powers may be used only for acquiring real property for flood

31  control and water storage or for curing title defects or

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  1  encumbrances to real property owned by the district or to be

  2  acquired by the district from a willing seller.

  3         (3)  The initial 5-year work plan and any subsequent

  4  modifications or additions thereto shall be adopted by each

  5  water management district after a public hearing. Each water

  6  management district shall provide at least 14 days' advance

  7  notice of the hearing date and shall separately notify each

  8  county commission within which a proposed work plan project or

  9  project modification or addition is located of the hearing

10  date.

11         (a)  Title information, appraisal reports, offers, and

12  counteroffers are confidential and exempt from the provisions

13  of s. 119.07(1) until an option contract is executed or, if no

14  option contract is executed, until 30 days before a contract

15  or agreement for purchase is considered for approval by the

16  governing board.  However, each district may, at its

17  discretion, disclose appraisal reports or title information to

18  private landowners during negotiations for acquisitions using

19  alternatives to fee simple techniques, if the district

20  determines that disclosure of such reports or title

21  information will bring the proposed acquisition to closure. In

22  the event that negotiation is terminated by the district, the

23  title information, appraisal report, offers, and counteroffers

24  shall become available pursuant to s. 119.07(1).

25  Notwithstanding the provisions of this section and s. 259.041,

26  a district and the Division of State Lands may share and

27  disclose title information, appraisal reports, appraisal

28  information, offers, and counteroffers when joint acquisition

29  of property is contemplated. A district and the Division of

30  State Lands shall maintain the confidentiality of such title

31  information, appraisal reports, appraisal information, offers,

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  1  and counteroffers in conformance with this section and s.

  2  259.041, except in those cases in which a district and the

  3  division have exercised discretion to disclose such

  4  information. A district may disclose title information,

  5  appraisal information, offers, and counteroffers to a third

  6  party when the third party is working with or on the behalf of

  7  the district in connection with land acquisitions. In

  8  addition, a district may use, as its own, appraisals obtained

  9  by a third party provided the appraiser is selected from the

10  district's list of approved appraisers and the appraiser is

11  reviewed and approved by the district.

12         Section 7.  Section 373.1401, Florida Statutes, is

13  amended to read:

14         373.1401  Management of lands of water management

15  districts.--In addition to provisions contained in s.

16  373.1391(1) for soil and water conservation districts, the

17  governing board of each water management district may contract

18  with a nongovernmental person or entity, any federal or state

19  agency, a county, a municipality, or any other governmental

20  entity or environmental nonprofit organization to provide for

21  the improvement, management, or maintenance of any real

22  property owned by or under the control of the district.

23         Section 8.  Section 712.04, Florida Statutes, is

24  amended to read:

25         712.04  Interests extinguished by marketable record

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

27  marketable record title shall be free and clear of all

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

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

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

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

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

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

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

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

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

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

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

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

  9  water management districts, or other agencies reserved in the

10  patent or deed by which the United States, Florida, or any of

11  its agencies parted with title.

12         Section 9.  This act shall take effect upon becoming a

13  law.

14

15            *****************************************

16                          HOUSE SUMMARY

17
      Revises various provisions of law governing land
18    acquisition and management to:
           1.  Provide that the condemning authority in an
19    eminent domain proceeding must notify the fee owner of
      described information prior to or concurrent with the
20    authority's making the written offer of compensation and
      require the authority to provide the fee owner with
21    copies of described statute sections.
           2.  Provide discretion to water management
22    districts, local governments, the Board of Trustees of
      the Internal Improvement Trust Fund, and other state
23    agencies to determine whether to reserve mineral
      interests when selling lands and to provide clarifying
24    language with respect to the types of information to be
      given by landowners wanting a release of a reservation.
25         3.  Authorize water management districts to grant
      utility easements on district-owned lands for providing
26    utility service, to grant the districts additional time
      to provide notification prior to executing lease
27    agreements, to authorize districts to abandon easements,
      reservations, and right-of-way interests that are no
28    longer needed, to authorize districts to cure title
      defects after a land sale is executed, and to authorize
29    such districts to contract with nongovernmental persons
      or entities for management, improvement, or maintenance
30    of land held by the district.

31
      See bill for details.
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