Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2104
Barcode 409238
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2009 .
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The Committee on General Government Appropriations (Dean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 170 and 171
4 insert:
5 Section 3. Subsection (4) of section 253.7829, Florida
6 Statutes, is amended to read:
7 253.7829 Management plan for retention or disposition of
8 former Cross Florida Barge Canal lands; authority to manage
9 lands until disposition.—
10 (4) The Board of Trustees of the Internal Improvement Trust
11 Fund may authorize the sale or exchange of surplus lands within
12 the former Cross Florida Barge Canal project corridor and the
13 acquisition of privately owned lands or easements over such
14 privately owned lands within the project corridor necessary for
15 purposes of completing a continuous corridor or for other
16 management purposes provided by law. However, such acquisition
17 shall be funded from the proceeds of any sale or exchange of
18 surplus canal lands after repayment to the counties, as provided
19 in s. 253.783(2)(f) s. 253.783(2)(e), or from other funds
20 appropriated by the Legislature.
21 Section 4. Subsection (2) of section 253.783, Florida
22 Statutes, is amended to read:
23 253.783 Additional powers and duties of the department;
24 disposition of surplus lands; payments to counties.—
25 (2) It is declared to be in the public interest that the
26 department shall do and is hereby authorized to do any and all
27 things and incur and pay, for the public purposes described
28 herein, any and all expenses necessary, convenient, and proper
29 to:
30 (a) Offer any land declared to be surplus, at current
31 appraised value, to the counties in which the surplus land lies,
32 for acquisition for specific public purposes. Any county, at its
33 option, may elect to acquire any lands so offered without
34 monetary payment. The fair market value of any parcels so
35 transferred shall be subtracted from the county’s reimbursement
36 under paragraph (f) (e). These offers will be made within 3
37 calendar months after the date the management plan is adopted
38 and will be valid for 180 days after the date of the offer.
39 (b) Extend the second right of refusal, at current
40 appraised value, to the current owner of adjacent lands affected
41 when original owner from whom the Canal Authority of the State
42 of Florida or the United States Army Corps of Engineers acquired
43 the surplus land and when the department wants to pursue an
44 exchange of surplus lands for privately owned lands for the
45 purposes set forth in s. 253.7829(4).
46 (c) Extend the third right of refusal, at current appraised
47 value, to the original owner from whom the Canal Authority of
48 the State of Florida or the United States Army Corps of
49 Engineers acquired the land or the original owner’s heirs. These
50 offers shall be made by public advertisement in not fewer than
51 three newspapers of general circulation within the area of the
52 canal route, one of which shall be a newspaper in the county in
53 which the lands declared to be surplus are located. The public
54 advertisements shall be run for a period of 14 days. These
55 offers will be valid for 30 days after the expiration date of
56 any offers made under paragraph (a), or 30 days after the date
57 publication begins, whichever is later.
58 (d)(c) Extend the fourth third right of refusal, at current
59 appraised value, to any person having a leasehold interest in
60 the land from the canal authority. These offers shall be
61 advertised as provided in paragraph (c) (b) and will be valid
62 for 30 days after the expiration date of the offers made under
63 paragraph (c) (b), or 30 days after the date publication begins,
64 whichever is later.
65 (e)(d) Offer surplus lands not purchased or transferred
66 under paragraphs (a)-(d) (a)-(c) to the highest bidder at public
67 sale. Such surplus lands and the public sale shall be described
68 and advertised in a newspaper of general circulation within the
69 county in which the lands are located not less than 14 calendar
70 days prior to the date on which the public sale is to be held.
71 The current appraised value of such surplus lands will be the
72 minimum acceptable bid.
73 (f)(e) Refund to the counties of the Cross Florida Canal
74 Navigation District moneys pursuant to this paragraph from the
75 funds derived from the conveyance of lands of the project to the
76 Federal Government or any agency thereof, pursuant to s.
77 253.781, and from the sales of surplus lands pursuant to this
78 section. Following federal deauthorization of the project, such
79 refunds shall consist of the $9,340,720 principal in ad valorem
80 taxes contributed by the counties and the interest which had
81 accrued on that amount from the time of payment to June 30,
82 1985. In no event shall the counties be paid less than the
83 aggregate sum of $32 million in cash or the appraised values of
84 the surplus lands. Such refunds shall be in proportion to the ad
85 valorem tax share paid to the Cross Florida Canal Navigation
86 District by the respective counties. Should the funds derived
87 from the conveyance of lands of the project to the Federal
88 Government for payment or from the sale of surplus land be
89 inadequate to pay the total of the principal plus interest,
90 first priority shall be given to repaying the principal and
91 second priority shall be given to repaying the interest.
92 Interest to be refunded to the counties shall be compounded
93 annually at the following rates: 1937-1950, 4 percent; 1951
94 1960, 5 percent; 1961-1970, 6 percent; 1971-1975, 7 percent;
95 1976-June 30, 1985, 8 percent. In computing interest, amounts
96 already repaid to the counties shall not be subject to further
97 assessments of interest. Any partial repayments provided to the
98 counties under this act shall be considered as contributing to
99 the total repayment owed to the counties. Should the funds
100 generated by conveyance to the Federal Government and sales of
101 surplus lands be more than sufficient to repay said counties in
102 accordance with this section, such excess funds may be used for
103 the maintenance of the greenways corridor.
104 (g)(f) Carry out the purposes of this act.
105
106 ================= T I T L E A M E N D M E N T ================
107 And the title is amended as follows:
108 Delete line 9
109 and insert:
110 Internal Improvement Trust Fund; amending s. 253.7829,
111 F.S.; conforming a cross-reference; amending s.
112 253.783, F.S.; revising provisions relating to the
113 disposition of surplus lands; authorizing the
114 Department of Environmental Protection to extend the
115 second right of refusal to the current owner of
116 adjacent lands affected by acquired surplus lands
117 under certain circumstances; authorizing the
118 department to extend the third right of refusal to the
119 original owner or the original owner’s heirs of lands
120 acquired by the Canal Authority of the State of
121 Florida or the United States Army Corps of Engineers;
122 authorizing the department to extend the fourth right
123 of refusal to any person having a leasehold interest
124 in the land from the canal authority; conforming
125 cross-references; amending s. 259.035,