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.
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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.
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See bill for details.
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