Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SPB 7024
       
       
       
       
       
       
                                Barcode 364178                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  12/07/2011           .                                
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       The Committee on Commerce and Tourism (Detert) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 2557
    4  and insert:
    5         Section 83. Subsection (5) of section 373.461, F.S., is
    6  amended, and present subsections (6) and (7) of that section are
    7  renumbered as subsections (5) and (6) respectively, to read:
    8         373.461 Lake Apopka improvement and management.—
    9         (5) PURCHASE OF AGRICULTURAL LANDS.—
   10         (a) The Legislature finds that it is in the public interest
   11  of the state to acquire lands in agricultural production, along
   12  with their related facilities, which contribute, directly or
   13  indirectly, to phosphorus discharges to Lake Apopka, for the
   14  purpose of improving water quality in Lake Apopka. These lands
   15  consist of those farming entities on Lake Apopka having consent
   16  and settlement agreements with the district and those sand land
   17  farms discharging indirectly to Lake Apopka through Lake Level
   18  Canal, Apopka-Beauclair Canal, or McDonald Canal. The district
   19  is granted the power of eminent domain on those properties.
   20         (b) In determining the fair market value of lands to be
   21  purchased from willing sellers, all appraisals of such lands may
   22  consider income from the use of the property for farming and,
   23  for this purpose, such income shall be deemed attributable to
   24  the real estate.
   25         (c) The district shall explore the availability of funding
   26  from all sources, including any federal, state, regional, and
   27  local land acquisition funding programs, to purchase the
   28  agricultural lands described in paragraph (a). It is the
   29  Legislature’s intent that, if such funding sources can be
   30  identified, acquisition of the lands described in paragraph (a)
   31  may be undertaken by the district to purchase these properties
   32  from willing sellers. However, the purchase price paid for
   33  acquisition of such lands that were in active cultivation during
   34  1996 shall not exceed the highest appraisal obtained by the
   35  district for these lands from a state-certified general
   36  appraiser following the Uniform Standards of Professional
   37  Appraisal Practice. This maximum purchase price limitation shall
   38  not include, nor be applicable to, that portion of the purchase
   39  price attributable to consideration of income described in
   40  paragraph (b), or that portion attributable to related
   41  facilities, or closing costs.
   42         (d) In connection with successful acquisition of any of the
   43  lands described in this section which are not needed for
   44  stormwater management facilities, the district shall give the
   45  seller the option to lease the land for a period not to exceed 5
   46  years, at a fair market lease value for similar agricultural
   47  lands. Proceeds derived from such leases shall be used to offset
   48  the cost of acquiring the land.
   49         (e) If all the lands within Zellwood are purchased in
   50  accordance with this section prior to expiration of the consent
   51  agreement between Zellwood and the district, Zellwood shall be
   52  reimbursed for any costs described in subsection (4).
   53         (f)1. Tangible personal property acquired by the district
   54  as part of related facilities pursuant to this section, and
   55  classified as surplus by the district, shall be sold by the
   56  Department of Management Services. The Department of Management
   57  Services shall deposit the proceeds of such sale in the Economic
   58  Development Trust Fund in the Executive Office of the Governor.
   59  The proceeds shall be used for the purpose of providing economic
   60  and infrastructure development in portions of northwestern
   61  Orange County and east central Lake County which will be
   62  adversely affected economically due to the acquisition of lands
   63  pursuant to this subsection.
   64         2. The Office of Tourism, Trade, and Economic Development
   65  shall, upon presentation of the appropriate documentation
   66  justifying expenditure of the funds deposited pursuant to this
   67  paragraph, pay any obligation for which it has sufficient funds
   68  from the proceeds of the sale of tangible personal property and
   69  which meets the limitations specified in paragraph (g). The
   70  authority of the Office of Tourism, Trade, and Economic
   71  Development to expend such funds shall expire 5 years from the
   72  effective date of this paragraph. Such expenditures may occur
   73  without future appropriation from the Legislature.
   74         3. Funds deposited under this paragraph may not be used for
   75  any purpose other than those enumerated in paragraph (g).
   76         (g)1. The proceeds of sale of tangible personal property
   77  authorized by paragraph (f) shall be distributed as follows: 60
   78  percent to Orange County; 25 percent to the City of Apopka; and
   79  15 percent to Lake County.
   80         2. Such proceeds shall be used to implement the
   81  redevelopment plans adopted by the Orange County Board of County
   82  Commissioners, Apopka City Commission, and Lake County Board of
   83  County Commissioners.
   84         3. Of the total proceeds, the Orange County Board of County
   85  Commissioners, Apopka City Commission, and Lake County Board of
   86  County Commissioners, may not expend more than:
   87         a. Twenty percent for labor force training related to the
   88  redevelopment plan;
   89         b. Thirty-three percent for financial or economic
   90  incentives for business location or expansion in the
   91  redevelopment area; and
   92         c. Four percent for administration, planning, and marketing
   93  the redevelopment plan.
   94         4. The Orange County Board of County Commissioners, Apopka
   95  City Commission, and Lake County Board of County Commissioners
   96  must spend those revenues not expended under subparagraph 3. for
   97  infrastructure needs necessary for the redevelopment plan.
   98  
   99  ================= T I T L E  A M E N D M E N T ================
  100         And the title is amended as follows:
  101         Delete lines 48 - 49
  102  and insert:
  103         federal grant-in-aid programs; amending s. 373.461,
  104         F.S.; removing obsolete provisions related to the
  105         purchase of land for the