Senate Bill sb1296c1

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    Florida Senate - 2001                           CS for SB 1296

    By the Committee on Transportation and Senators Bronson,
    Villalobos, Campbell, Saunders, Lawson and Jones




    306-1833-01

  1                      A bill to be entitled

  2         An act relating to land acquisition and

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

  4         clarifying the timeframe for providing specific

  5         information to fee owners; requiring agencies

  6         to provide specified portions of statute to fee

  7         owners; amending s. 270.11, F.S.; providing

  8         discretion to water management districts, local

  9         governments, the Board of Trustees of the

10         Internal Improvement Trust Fund, and other

11         state agencies to determine whether to reserve

12         mineral interests when selling lands;

13         clarifying the types of information to be given

14         by landowners wanting a release of a

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

16         authorizing water management districts to grant

17         utility easements on district-owned lands in

18         order to provide utility service; amending s.

19         373.093, F.S.; granting additional time to

20         water management districts to provide

21         notification prior to executing lease

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

23         authorizing water management districts to

24         abandon easements, reservations, and

25         right-of-way interests that are no longer

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

27         water management districts to cure title

28         defects after a land sale is executed; allowing

29         the disclosure of title information, appraisal

30         information, offers, and counteroffers to third

31         parties working on the district's behalf;

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    Florida Senate - 2001                           CS for SB 1296
    306-1833-01




  1         amending s. 373.1401, F.S.; authorizing water

  2         management districts to contract with private

  3         entities for management, improvement, or

  4         maintenance of land held by the district;

  5         amending s. 374.984, F.S.; authorizing the

  6         Board of Commissioners of the Florida Inland

  7         Navigation District to contract for certain

  8         services; providing an effective date.

  9

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

11

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

13  73.015, Florida Statutes, is amended to read:

14         73.015  Presuit negotiation.--

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

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

17  condemning authority must attempt to negotiate in good faith

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

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

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

21  attempt to reach an agreement regarding the amount of

22  compensation to be paid for the parcel.

23         (a)  At the time any offer of compensation for

24  acquisition is made to the fee owner inception of negotiation

25  for acquisition, the condemning authority must notify the fee

26  owner of the following:

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

28  necessary for a project.

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

30  considered necessary, and the parcel designation of the

31  property to be acquired.

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    Florida Senate - 2001                           CS for SB 1296
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  1         3.  That, within 15 business days after receipt of a

  2  request by the fee owner, the condemning authority will

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

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

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

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

  7  construction plans that depict project improvements to be

  8  constructed on the property taken and improvements to be

  9  constructed adjacent to the remaining property, including, but

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

11  pavement marking sheets, and driveway connection detail.  The

12  condemning authority shall provide any additional plan sheets

13  within 15 days of request.

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

15  and 73.092 or alternatively provide copies of these provisions

16  of law.

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

18  paragraphs (b) and (c) and subsection (4) or alternatively

19  provide copies of these provisions of law.

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

21  Florida Statutes, are amended to read:

22         270.11  Contracts for sale of public lands to reserve

23  certain mineral rights; prohibition on exercise of right of

24  entry in certain cases.--

25         (1)  Unless the applicable agency chooses not to

26  reserve such interest, except as otherwise provided by law, in

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

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

29  any local government, water management district, or other

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

31  government, water management district, other agency of the

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    Florida Senate - 2001                           CS for SB 1296
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  1  state, or the board of trustees and its successors an

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

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

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

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

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

  7  the privilege to mine and develop the same.

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

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

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

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

12  for such interest and with upon submission by the local

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

14  which owns the parcel of a statement of reasons justifying

15  such sale or release.

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

17  Statutes, is amended to read:

18         373.056  State agencies, counties, drainage districts,

19  municipalities, or governmental agencies or public

20  corporations authorized to convey or receive land from water

21  management districts.--

22         (4)  Any water management district within this chapter

23  shall have authority to convey or lease to any other agency

24  described herein or to the United States Government, including

25  its agencies, land or rights in land owned by such district

26  not required for its purposes, under such terms and conditions

27  as the governing board of such district may determine. In

28  addition to other general law authorizing the grant of utility

29  easements, any water management district may grant utility

30  easements on land owned by the district to any private or

31  public utility for the limited purpose of obtaining utility

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    Florida Senate - 2001                           CS for SB 1296
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  1  service to district property under the terms and conditions

  2  determined by the governing board of the district.

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

  4  Statutes, is amended to read:

  5         373.093  Lease of lands or interest in land.--The

  6  governing board of the district may lease any lands or

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

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

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

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

11  the lands or any interest in land was acquired:

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

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

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

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

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

17  determine once each week for 3 successive weeks (three

18  insertions being sufficient), the first publication of which

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

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

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

22  description of the lands to be leased.

23         Section 5.  Section 373.096, Florida Statutes, is

24  amended to read:

25         373.096  Releases.--The governing board of the district

26  may release any canal easement, reservation, or right-of-way

27  interests, conveyed to it for which it has no present or

28  apparent future use under terms and conditions determined by

29  the board.

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    Florida Senate - 2001                           CS for SB 1296
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  1         Section 6.  Subsection (2) and paragraph (a) of

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

  3  amended to read:

  4         373.139  Acquisition of real property.--

  5         (2)  The governing board of the district may is

  6  empowered and authorized to acquire in fee or less than fee

  7  title to real property, and easements, and other interests or

  8  rights therein, by purchase, gift, devise, lease, eminent

  9  domain, or otherwise for flood control, water storage, water

10  management, conservation and protection of water resources,

11  aquifer recharge, water resource and water supply development,

12  and preservation of wetlands, streams, and lakes. Eminent

13  domain powers may be used only for acquiring real property for

14  flood control and water storage or for curing title defects or

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

16  acquired by the district from a willing seller.

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

18  modifications or additions thereto shall be adopted by each

19  water management district after a public hearing. Each water

20  management district shall provide at least 14 days' advance

21  notice of the hearing date and shall separately notify each

22  county commission within which a proposed work plan project or

23  project modification or addition is located of the hearing

24  date.

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

26  counteroffers are confidential and exempt from the provisions

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

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

29  or agreement for purchase is considered for approval by the

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

31  discretion, disclose appraisal reports or title information to

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    Florida Senate - 2001                           CS for SB 1296
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  1  private landowners during negotiations for acquisitions using

  2  alternatives to fee simple techniques, if the district

  3  determines that disclosure of such reports or title

  4  information will bring the proposed acquisition to closure. In

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

  6  title information, appraisal report, offers, and counteroffers

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

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

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

10  disclose title information, appraisal reports, appraisal

11  information, offers, and counteroffers when joint acquisition

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

13  State Lands shall maintain the confidentiality of such title

14  information, appraisal reports, appraisal information, offers,

15  and counteroffers in conformance with this section and s.

16  259.041, except in those cases in which a district and the

17  division have exercised discretion to disclose such

18  information. A district may disclose title information,

19  appraisal information, offers, and counteroffers to a third

20  party who has entered into a contractual agreement with the

21  district to work with or on the behalf of or to assist the

22  district in connection with land acquisitions. The third party

23  shall maintain the confidentiality of such information in

24  conformance with this section. In addition, a district may

25  use, as its own, appraisals obtained by a third party if the

26  appraiser is selected from the district's list of approved

27  appraisers and the appraisal is reviewed and approved by the

28  district.

29         Section 7.  Section 373.1401, Florida Statutes, is

30  amended to read:

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    Florida Senate - 2001                           CS for SB 1296
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  1         373.1401  Management of lands of water management

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

  3  373.1391(1) for soil and water conservation districts, the

  4  governing board of each water management district may contract

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

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

  7  entity, or environmental nonprofit organization to provide for

  8  the improvement, management, or maintenance of any real

  9  property owned by or under the control of the district. A

10  managing entity shall manage district lands for the purposes

11  for which the lands were acquired, in accordance with

12  management plans developed for the lands.

13         Section 8.  Paragraph (a) of subsection (6) of section

14  374.984, Florida Statutes, is amended to read:

15         374.984  Purpose; powers and duties.--It is the purpose

16  and intent of this act that the board perform and do all

17  things which shall be requisite and necessary to comply with

18  the requirements and conditions imposed upon a "local

19  interest" by the Congress of the United States in the several

20  acts authorizing and directing the improvement and maintenance

21  of the Intracoastal Waterway from St. Mary's River to the

22  southernmost boundary of Dade County. Said acts include but

23  are not limited to:  the Rivers and Harbors Act approved

24  January 21, 1927, as amended by the River and Harbor Act

25  approved July 3, 1930; the River and Harbor Act of June 20,

26  1938; and s. 107 of the Federal River and Harbor Act of 1960.

27  Pursuant thereto, the powers of the board shall include, but

28  not be limited to:

29         (6)(a)  Contracting directly for, or entering into

30  agreement from time to time with the district engineer of the

31  Jacksonville, Florida, United States Army Corps of Engineers

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    Florida Senate - 2001                           CS for SB 1296
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  1  district, or other agency or party duly authorized

  2  representative of the United States, to contribute toward the

  3  cost of dredging performed on the waterway by the United

  4  States, to construct retaining bulkheads, dikes, and levees,

  5  to construct ditches for the control of water discharged by

  6  the dredges, and to do all other work or and/or things which,

  7  in the judgment of the board, shall be proper and necessary to

  8  produce economies in meeting the conditions with respect to

  9  right-of-way and dredged material management areas imposed

10  upon a "local interest" by the Congress of the United States

11  in the several acts authorizing and directing the improvement,

12  navigability, and maintenance of the Intracoastal Waterway

13  from St. Mary's River to the southernmost boundary of Dade

14  County.

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

16  law.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                             SB 1296

20

21  The CS requires, effective July 1, 2000, a condemning
    authority must, at the time any offer of compensation for
22  acquisition is made to the fee owner, notify the fee owner of
    their statutory rights or provide the fee owner with copies of
23  ss. 73.015, 73.091, and 73.092, F.S.

24  The CS provides a Water Management District may not release
    canal easements, reservations, or right-of-way interests.
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