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