Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SPB 7024 Barcode 364178 LEGISLATIVE ACTION Senate . House Comm: FAV . 12/07/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 interest11of the state to acquire lands in agricultural production, along12with their related facilities, which contribute, directly or13indirectly, to phosphorus discharges to Lake Apopka, for the14purpose of improving water quality in Lake Apopka. These lands15consist of those farming entities on Lake Apopka having consent16and settlement agreements with the district and those sand land17farms discharging indirectly to Lake Apopka through Lake Level18Canal, Apopka-Beauclair Canal, or McDonald Canal. The district19is granted the power of eminent domain on those properties.20(b) In determining the fair market value of lands to be21purchased from willing sellers, all appraisals of such lands may22consider income from the use of the property for farming and,23for this purpose, such income shall be deemed attributable to24the real estate.25(c) The district shall explore the availability of funding26from all sources, including any federal, state, regional, and27local land acquisition funding programs, to purchase the28agricultural lands described in paragraph (a). It is the29Legislature’s intent that, if such funding sources can be30identified, acquisition of the lands described in paragraph (a)31may be undertaken by the district to purchase these properties32from willing sellers. However, the purchase price paid for33acquisition of such lands that were in active cultivation during341996 shall not exceed the highest appraisal obtained by the35district for these lands from a state-certified general36appraiser following the Uniform Standards of Professional37Appraisal Practice. This maximum purchase price limitation shall38not include, nor be applicable to, that portion of the purchase39price attributable to consideration of income described in40paragraph (b), or that portion attributable to related41facilities, or closing costs.42(d) In connection with successful acquisition of any of the43lands described in this section which are not needed for44stormwater management facilities, the district shall give the45seller the option to lease the land for a period not to exceed 546years, at a fair market lease value for similar agricultural47lands. Proceeds derived from such leases shall be used to offset48the cost of acquiring the land.49(e) If all the lands within Zellwood are purchased in50accordance with this section prior to expiration of the consent51agreement between Zellwood and the district, Zellwood shall be52reimbursed for any costs described in subsection (4).53(f)1. Tangible personal property acquired by the district54as part of related facilities pursuant to this section, and55classified as surplus by the district, shall be sold by the56Department of Management Services. The Department of Management57Services shall deposit the proceeds of such sale in the Economic58Development Trust Fund in the Executive Office of the Governor.59The proceeds shall be used for the purpose of providing economic60and infrastructure development in portions of northwestern61Orange County and east central Lake County which will be62adversely affected economically due to the acquisition of lands63pursuant to this subsection.642. The Office of Tourism, Trade, and Economic Development65shall, upon presentation of the appropriate documentation66justifying expenditure of the funds deposited pursuant to this67paragraph, pay any obligation for which it has sufficient funds68from the proceeds of the sale of tangible personal property and69which meets the limitations specified in paragraph (g). The70authority of the Office of Tourism, Trade, and Economic71Development to expend such funds shall expire 5 years from the72effective date of this paragraph. Such expenditures may occur73without future appropriation from the Legislature.743. Funds deposited under this paragraph may not be used for75any purpose other than those enumerated in paragraph (g).76(g)1. The proceeds of sale of tangible personal property77authorized by paragraph (f) shall be distributed as follows: 6078percent to Orange County; 25 percent to the City of Apopka; and7915 percent to Lake County.802. Such proceeds shall be used to implement the81redevelopment plans adopted by the Orange County Board of County82Commissioners, Apopka City Commission, and Lake County Board of83County Commissioners.843. Of the total proceeds, the Orange County Board of County85Commissioners, Apopka City Commission, and Lake County Board of86County Commissioners, may not expend more than:87a. Twenty percent for labor force training related to the88redevelopment plan;89b. Thirty-three percent for financial or economic90incentives for business location or expansion in the91redevelopment area; and92c. Four percent for administration, planning, and marketing93the redevelopment plan.944. The Orange County Board of County Commissioners, Apopka95City Commission, and Lake County Board of County Commissioners96must spend those revenues not expended under subparagraph 3. for97infrastructure 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