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Senator Saunders moved the following amendment:

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     Senate Amendment

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     Delete line(s) 1260-1304

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and insert:

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appurtenances which are approved by the Secretary of

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Environmental Protection pursuant to the authority delegated by

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the board of trustees shall meet the following criteria:

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     1. Such easements shall not prevent the use of the state-

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owned uplands adjacent to the easement area for the purposes for

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which such lands were acquired and shall not unreasonably

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diminish the ecological, conservation, or recreational values of

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the state-owned uplands adjacent to the easement area.

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     2. There is no practical and prudent alternative to

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locating the linear facility and related appurtenances on state-

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owned upland. For purposes of this subparagraph, the test of

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practicality and prudence shall compare the social, economic, and

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environmental effects of the alternatives.

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     3. Appropriate steps are taken to minimize the impacts to

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state-owned uplands. Such steps may include:

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     a. Siting of facilities so as to reduce impacts and

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minimize fragmentation of the overall state-owned parcel;

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     b. Avoiding significant wildlife habitat, wetlands, or

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other valuable natural resources to the maximum extent

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practicable; or

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     c. Avoiding interference with active land management

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practices, such as prescribed burning.

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     4. Except for easements granted as a part of a land

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exchange to accomplish a recreational or conservation benefit or

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other public purpose, in exchange for such easements, the grantee

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pays an amount equal to the market value of the interest

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acquired. In addition, for the initial grant of such easements

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only, the grantee shall provide additional compensation by

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vesting in the board of trustees fee simple title to other

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available uplands that are 1.5 times the size of the easement

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acquired by the grantee. The Secretary of Environmental

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Protection shall approve the property to be acquired on behalf of

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the board of trustees based on the geographic location in

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relation to the land proposed to be under easement and a

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determination that economic, ecological, and recreational value

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is at least equivalent to the value of the lands under proposed

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easement. Priority for replacement uplands shall be given to

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parcels identified as in-holdings and additions to public lands

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and lands on a Florida Forever land acquisition list. However, if

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suitable replacement uplands cannot be identified, the grantee

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shall provide additional compensation for the initial grant of

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such easements only by paying to the department an amount equal

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to 2 times the current market value of the state-owned land or

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the highest and best use value at the time of purchase, whichever

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is greater. When determining such use of funds, priority shall be

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given to parcels identified as in-holdings and additions to

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public lands and lands on a Florida Forever land acquisition

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list.

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     (c) Where authority to approve easements for rights-of-way

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over, across, and upon uplands the title to which is vested in

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the board of trustees for the construction and operation of

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electric transmission and distribution facilities and related

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appurtenances has not been delegated to the Secretary of

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Environmental Protection, the board of trustees shall apply the

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same criteria and require the same compensation as provided

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above, provided, however, the board of trustees shall have the

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discretion to determine the amount of replacement lands required

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within a range of from one to two times the size of the easement

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acquired by the grantee, depending upon the degree to which the

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proposed use of the easement will interfere with the manner in

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which the lands within the proposed easement area have

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historically been managed.

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4/29/2008  6:41:00 PM     EP.37.09047