| 1 | Representative Mayfield offered the following: |
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| 3 | Amendment |
| 4 | Remove lines 979-1023 and insert: |
| 5 | appurtenances which are approved by the Secretary of |
| 6 | Environmental Protection pursuant to the authority delegated by |
| 7 | the board of trustees shall meet the following criteria: |
| 8 | 1. Such easements shall not prevent the use of the state- |
| 9 | owned uplands adjacent to the easement area for the purposes for |
| 10 | which such lands were acquired and shall not unreasonably |
| 11 | diminish the ecological, conservation, or recreational values of |
| 12 | the state-owned uplands adjacent to the easement area. |
| 13 | 2. There is no practical and prudent alternative to |
| 14 | locating the linear facility and related appurtenances on state- |
| 15 | owned upland. For purposes of this subparagraph, the test of |
| 16 | practicality and prudence shall compare the social, economic, |
| 17 | and environmental effects of the alternatives. |
| 18 | 3. Appropriate steps are taken to minimize the impacts to |
| 19 | state-owned uplands. Such steps may include: |
| 20 | a. Siting of facilities so as to reduce impacts and |
| 21 | minimize fragmentation of the overall state-owned parcel; |
| 22 | b. Avoiding significant wildlife habitat, wetlands, or |
| 23 | other valuable natural resources to the maximum extent |
| 24 | practicable; or |
| 25 | c. Avoiding interference with active land management |
| 26 | practices, such as prescribed burning. |
| 27 | 4. Except for easements granted as a part of a land |
| 28 | exchange to accomplish a recreational or conservation benefit or |
| 29 | other public purpose, in exchange for such easements, the |
| 30 | grantee pays an amount equal to the market value of the interest |
| 31 | acquired. In addition, for the initial grant of such easements |
| 32 | only, the grantee shall provide additional compensation by |
| 33 | vesting in the board of trustees fee simple title to other |
| 34 | available uplands that are 1.5 times the size of the easement |
| 35 | acquired by the grantee. The Secretary of Environmental |
| 36 | Protection shall approve the property to be acquired on behalf |
| 37 | of the board of trustees based on the geographic location in |
| 38 | relation to the land proposed to be under easement and a |
| 39 | determination that economic, ecological, and recreational value |
| 40 | is at least equivalent to the value of the lands under proposed |
| 41 | easement. Priority for replacement uplands shall be given to |
| 42 | parcels identified as in-holdings and additions to public lands |
| 43 | and lands on a Florida Forever land acquisition list. However, |
| 44 | if suitable replacement uplands cannot be identified, the |
| 45 | grantee shall provide additional compensation for the initial |
| 46 | grant of such easements only by paying to the department an |
| 47 | amount equal to 2 times the current market value of the state- |
| 48 | owned land or the highest and best use value at the time of |
| 49 | purchase, whichever is greater. When determining such use of |
| 50 | funds, priority shall be given to parcels identified as in- |
| 51 | holdings and additions to public lands and lands on a Florida |
| 52 | Forever land acquisition list. |
| 53 | (c) Where authority to approve easements for rights-of-way |
| 54 | over, across, and upon uplands the title to which is vested in |
| 55 | the board of trustees for the construction and operation of |
| 56 | electric transmission and distribution facilities and related |
| 57 | appurtenances has not been delegated to the Secretary of |
| 58 | Environmental Protection, the board of trustees shall apply the |
| 59 | same criteria and require the same compensation as provided |
| 60 | above, provided, however, the board of trustees shall have the |
| 61 | discretion to determine the amount of replacement lands required |
| 62 | within a range of from one to two times the size of the easement |
| 63 | acquired by the grantee, depending upon the degree to which the |
| 64 | proposed use of the easement will interfere with the manner in |
| 65 | which the lands within the proposed easement area have |
| 66 | historically been managed. |
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