SENATE AMENDMENT
    Bill No. SB 1296   Barcode 450096
    Amendment No. 1
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Natural Resources recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (a) of subsection (1) of section
19  73.015, Florida Statutes, is amended to read:
20         73.015  Presuit negotiation.--
21         (1)  Effective July 1, 2000, before an eminent domain
22  proceeding is brought under this chapter or chapter 74, the
23  condemning authority must attempt to negotiate in good faith
24  with the fee owner of the parcel to be acquired, must provide
25  the fee owner with a written offer and, if requested, a copy
26  of the appraisal upon which the offer is based, and must
27  attempt to reach an agreement regarding the amount of
28  compensation to be paid for the parcel.
29         (a)  Prior to or concurrent with the condemning
30  authority's making the written offer of compensation to the
31  fee owner At the inception of negotiation for acquisition, the
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SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 condemning authority must notify the fee owner of the 2 following: 3 1. That all or a portion of his or her property is 4 necessary for a project. 5 2. The nature of the project for which the parcel is 6 considered necessary, and the parcel designation of the 7 property to be acquired. 8 3. That, within 15 business days after receipt of a 9 request by the fee owner, the condemning authority will 10 provide a copy of the appraisal report upon which the offer to 11 the fee owner is based; copies, to the extent prepared, of the 12 right-of-way maps or other documents that depict the proposed 13 taking; and copies, to the extent prepared, of the 14 construction plans that depict project improvements to be 15 constructed on the property taken and improvements to be 16 constructed adjacent to the remaining property, including, but 17 not limited to, plan, profile, cross-section, drainage, and 18 pavement marking sheets, and driveway connection detail. The 19 condemning authority shall provide any additional plan sheets 20 within 15 days of request. 21 4. The fee owner's statutory rights under ss. 73.091 22 and 73.092, or alternatively provide copies of these 23 provisions of law. 24 5. The fee owner's rights and responsibilities under 25 paragraphs (b) and (c) and subsection (4), or alternatively 26 provide copies of these provisions of law. 27 Section 2. Subsections (1) and (3) of section 270.11, 28 Florida Statutes, are amended to read: 29 270.11 Contracts for sale of public lands to reserve 30 certain mineral rights; prohibition on exercise of right of 31 entry in certain cases.-- 2 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 (1) Unless the applicable agency chooses not to 2 reserve such interest and except Except as otherwise provided 3 by law, in all contracts and deeds for the sale of land 4 executed by the Board of Trustees of the Internal Improvement 5 Trust Fund or by any local government, water management 6 district, or other agency of the state, there shall be 7 reserved for such local government, water management district, 8 other agency of the state, or the board of trustees and its 9 successors an undivided three-fourths interest in, and title 10 in and to an undivided three-fourths interest in, all the 11 phosphate, minerals, and metals that are or may be in, on, or 12 under the said land and an undivided one-half interest in all 13 the petroleum that is or may be in, on, or under said land 14 with the privilege to mine and develop the same. 15 (3) A local government, water management district, or 16 agency of the state may, at its discretion, sell or release 17 such reserved interest in any parcel of land, except that such 18 sale or release shall be made upon petition of the purchaser 19 for such interest and with upon submission by the local 20 government, water management district, or agency of the state 21 which owns the parcel of a statement of reasons justifying 22 such sale or release. 23 Section 3. Subsection (4) of section 373.056, Florida 24 Statutes, is amended to read: 25 373.056 State agencies, counties, drainage districts, 26 municipalities, or governmental agencies or public 27 corporations authorized to convey or receive land from water 28 management districts.-- 29 (4) Any water management district within this chapter, 30 under such terms and conditions as the governing board of such 31 district may determine, shall have authority to convey or 3 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 lease to any other agency described herein or to the United 2 States Government, including its agencies, land or rights in 3 land owned by such district not required for its purposes 4 under such terms and conditions as the governing board of such 5 district may determine. In addition to other general law 6 authorizing the grant of utility easements, any water 7 management district may grant utility easements on land owned 8 by such district to any private or public utility for the 9 limited purpose of obtaining utility service to district 10 property under such terms and conditions as the governing 11 board of such district 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. 4 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 Section 5. Section 373.096, Florida Statutes, is 2 amended to read: 3 373.096 Releases.--The governing board of the district 4 may release any canal easement, reservation, or right-of-way 5 interests, conveyed to it for which it has no present or 6 apparent future use under terms and conditions determined by 7 the board. In addition, the governing board of the district at 8 a regularly scheduled meeting, may abandon or vacate such 9 easements, reservations, or right-of-way interests, or 10 portions thereof, for which the district has no present or 11 apparent future use. Such action by the board shall be 12 conclusive and will not require any other party to give its 13 approval, acknowledge its acceptance, or take any other 14 action, and the district shall have no further obligations, 15 liabilities, or responsibilities with respect to the abandoned 16 or vacated easement, reservation, or right-of-way interests. 17 Section 6. Subsection (2) and paragraph (a) of 18 subsection (3) of section 373.139, Florida Statutes, are 19 amended to read: 20 373.139 Acquisition of real property.-- 21 (2) The governing board of the district is empowered 22 and authorized to acquire in fee or less than fee title to 23 real property, and easements and other interests or rights 24 therein, by purchase, gift, devise, lease, eminent domain, or 25 otherwise for flood control, water storage, water management, 26 conservation and protection of water resources, aquifer 27 recharge, water resource and water supply development, and 28 preservation of wetlands, streams, and lakes. Eminent domain 29 powers may be used only for acquiring real property for flood 30 control and water storage or for curing title defects or 31 encumbrances to real property owned by the district or to be 5 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 acquired by the district from a willing seller. 2 (3) The initial 5-year work plan and any subsequent 3 modifications or additions thereto shall be adopted by each 4 water management district after a public hearing. Each water 5 management district shall provide at least 14 days' advance 6 notice of the hearing date and shall separately notify each 7 county commission within which a proposed work plan project or 8 project modification or addition is located of the hearing 9 date. 10 (a) Title information, appraisal reports, offers, and 11 counteroffers are confidential and exempt from the provisions 12 of s. 119.07(1) until an option contract is executed or, if no 13 option contract is executed, until 30 days before a contract 14 or agreement for purchase is considered for approval by the 15 governing board. However, each district may, at its 16 discretion, disclose appraisal reports or title information to 17 private landowners during negotiations for acquisitions using 18 alternatives to fee simple techniques, if the district 19 determines that disclosure of such reports or title 20 information will bring the proposed acquisition to closure. In 21 the event that negotiation is terminated by the district, the 22 title information, appraisal report, offers, and counteroffers 23 shall become available pursuant to s. 119.07(1). 24 Notwithstanding the provisions of this section and s. 259.041, 25 a district and the Division of State Lands may share and 26 disclose title information, appraisal reports, appraisal 27 information, offers, and counteroffers when joint acquisition 28 of property is contemplated. A district and the Division of 29 State Lands shall maintain the confidentiality of such title 30 information, appraisal reports, appraisal information, offers, 31 and counteroffers in conformance with this section and s. 6 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 259.041, except in those cases in which a district and the 2 division have exercised discretion to disclose such 3 information. A district may disclose title information, 4 appraisal information, offers, and counteroffers to a third 5 party who has entered into a contractual agreement with the 6 district to work with or on the behalf of or to assist the 7 district in connection with land acquisitions. The third party 8 shall maintain the confidentiality of such information in 9 conformance with this section. In addition, a district may 10 use, as its own, appraisals obtained by a third party provided 11 the appraiser is selected from the district's list of approved 12 appraisers and the appraisal is reviewed and approved by the 13 district. 14 Section 7. Section 373.1401, Florida Statutes, is 15 amended to read: 16 373.1401 Management of lands of water management 17 districts.--In addition to provisions contained in s. 18 373.1391(1) for soil and water conservation districts, the The 19 governing board of each water management district may contract 20 with a non-governmental person or entity, any federal or state 21 agency, a county, a municipality, or any other governmental 22 entity, or environmental nonprofit organization to provide for 23 the improvement, management, or maintenance of any real 24 property owned by or under the control of the district. 25 Section 8. Paragraph (a) of subsection (6) of section 26 374.984, Florida Statutes, is amended to read: 27 374.984 Purpose; powers and duties.--It is the purpose 28 and intent of this act that the board perform and do all 29 things which shall be requisite and necessary to comply with 30 the requirements and conditions imposed upon a "local 31 interest" by the Congress of the United States in the several 7 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 acts authorizing and directing the improvement and maintenance 2 of the Intracoastal Waterway from St. Mary's River to the 3 southernmost boundary of Dade County. Said acts include but 4 are not limited to: the Rivers and Harbors Act approved 5 January 21, 1927, as amended by the River and Harbor Act 6 approved July 3, 1930; the River and Harbor Act of June 20, 7 1938; and s. 107 of the Federal River and Harbor Act of 1960. 8 Pursuant thereto, the powers of the board shall include, but 9 not be limited to: 10 (6)(a) Contracting directly for, or entering into 11 agreement from time to time with the district engineer of the 12 Jacksonville, Florida, United States Army Corps of Engineers 13 district, or other agency or party duly authorized 14 representative of the United States, to contribute toward the 15 cost of dredging performed on the waterway by the United 16 States, to construct retaining bulkheads, dikes, and levees, 17 to construct ditches for the control of water discharged by 18 the dredges, and to do all other work and/or things which, in 19 the judgment of the board, shall be proper and necessary to 20 produce economies in meeting the conditions with respect to 21 right-of-way and dredged material management areas imposed 22 upon a "local interest" by the Congress of the United States 23 in the several acts authorizing and directing the improvement, 24 navigability, and maintenance of the Intracoastal Waterway 25 from St. Mary's River to the southernmost boundary of Dade 26 County. 27 Section 9. This act shall take effect upon becoming a 28 law. 29 30 31 8 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to land acquisition and 8 management procedure; amending s. 73.015, 9 clarifying time-frame for providing specific 10 information to fee-owners; requiring agencies 11 to provide specified portions of statute to 12 fee-owners; amending s. 270.11, F.S.; providing 13 discretion to water management districts, local 14 governments, board of trustees and other state 15 agencies to determine whether to reserve 16 mineral interests when selling lands; 17 clarifying the types of information to be given 18 by land-owner wanting a release of a 19 reservation; amending s. 373.056, F.S.; 20 granting water management districts the 21 authority to grant utility easements on 22 district-owned land for providing utility 23 service; amending s. 373.093, F.S.; granting 24 additional time to water management districts 25 to provide notification before executing lease 26 agreements; amending s. 373.096, F.S.; granting 27 water management districts the authority to 28 abandon easement, reservations or right of way 29 interests that are no longer needed; amending 30 s. 373.139, F.S.; authorizing water management 31 districts to cure title defects after a land 9 8:35 AM 03/21/01 s1296.nr.01
SENATE AMENDMENT Bill No. SB 1296 Barcode 450096 Amendment No. 1 1 sale is executed; allowing water management 2 districts to disclose title information, 3 appraisal information, offers and counter 4 offers to third parties working on the 5 district's behalf; allowing third party 6 appraisals to be used under specific 7 circumstances; amending s. 373.1401, F.S.; 8 allowing water management districts to contract 9 with private entities for management, 10 improvement, or maintenance of land held by the 11 districts; providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 8:35 AM 03/21/01 s1296.nr.01