Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1544
446144
Senate
Floor: 2/AD/2R
4/16/2008 3:01 PM
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House
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Senator Saunders moved the following amendment:
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Senate Amendment (with directory and title amendments)
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Delete line(s) 1186-1201
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and insert:
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(2)(a) The board of trustees shall not sell, transfer, or
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otherwise dispose of any lands the title to which is vested in
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the board of trustees except by vote of at least three of the
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four trustees.
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(b) The authority of the board of trustees to grant
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easements for rights-of-way over, across, and upon uplands the
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title of which is vested in the board of trustees for the
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construction and operation of electric transmission and
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distribution facilities and related appurtenances is hereby
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confirmed. The board of trustees may delegate to the Secretary
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of Environmental Protection the authority to grant such easements
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on its behalf. All easements for rights-of-way over, across, and
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upon uplands the title of which is vested in the board of
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trustees for the construction and operation of electrical
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transmission and distribution facilities and related
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appurtenances 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 or prudent alternative to locating
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the linear facility and related appurtenances on state-owned
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upland. For purposes of this provision, the test of practicality
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and prudence shall compare the social, economic and environmental
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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 initiated by a governmental entity to accomplish a
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recreational or conservation benefit, or other public purpose, in
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exchange for such easements, the grantee shall pay an amount
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equal to the market value of the interest acquired. In addition,
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for the initial grant of such easements only, the grantee shall
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provide additional compensation by vesting in the board of
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trustees fee simple title to other available uplands that are 1.5
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times the size of the easement acquired by the grantee. The
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grantor shall approve the property to be acquired on its behalf
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based on the geographic location in relation to the land proposed
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to be under easement and a determination that economic,
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ecological and recreational value is at least equivalent to the
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value of the lands under proposed easement. Priority for
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replacement uplands shall be given to parcels identified as in-
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holdings and additions to public lands and lands on a Florida
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Forever land acquisition list. However, if suitable replacement
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uplands cannot be identified, the grantee shall provide
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additional compensation for the initial grant of such easements
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only by paying to the department an amount equal to 2 times the
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current market value of the state-owned land or the highest and
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best use value at the time of purchase, whichever is greater.
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When determining the use of such funds, priority shall be given
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to parcels identified as in-holdings and additions to public
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lands and lands on a Florida Forever land acquisition list.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 66-69 after the semicolon ";"
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insert:
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F.S.; providing that the Board of Trustees of the Internal
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Improvement Trust Fund may delegate to the Secretary of
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Environmental Protection the authority to grant easements
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on its behalf under certain conditions; amending s.
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253.034, F.S.;
4/15/2008 7:58:00 PM EP.37.07742
CODING: Words stricken are deletions; words underlined are additions.