Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 7018
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/13/2020           .                                

       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Before line 27
    4  insert:
    5         Section 1. Subsection (2) of section 337.401, Florida
    6  Statutes, is amended to read:
    7         337.401 Use of right-of-way for utilities subject to
    8  regulation; permit; fees.—
    9         (2) The authority may grant to any person who is a resident
   10  of this state, or to any corporation which is organized under
   11  the laws of this state or licensed to do business within this
   12  state, the use of a right-of-way for the utility in accordance
   13  with such rules or regulations as the authority may adopt. A No
   14  utility may not shall be installed, located, or relocated unless
   15  authorized by a written permit issued by the authority. However,
   16  for public roads or publicly owned rail corridors under the
   17  jurisdiction of the department, a utility relocation schedule
   18  and relocation agreement may be executed in lieu of a written
   19  permit. The permit must shall require the permitholder to be
   20  responsible for any damage resulting from the issuance of such
   21  permit. The authority may initiate injunctive proceedings as
   22  provided in s. 120.69 to enforce provisions of this subsection
   23  or any rule or order issued or entered into pursuant thereto. A
   24  permit application required by an authority under this section
   25  must be processed and acted upon consistent with the timeframes
   26  provided in subparagraphs (7)(d)7., 8., and 9.
   27         Section 2. Subsection (11) of section 704.06, Florida
   28  Statutes, is amended to read
   29         704.06 Conservation easements; creation; acquisition;
   30  enforcement.—
   31         (11)(a)Nothing in This section or other provisions of law
   32  may not shall be construed to prohibit or limit the owner of
   33  land, or the owner of a conservation easement over land, to
   34  voluntarily negotiate the sale or use utilization of such lands
   35  or easement for the construction and operation of linear
   36  facilities, including electric transmission and distribution
   37  facilities, telecommunications transmission and distribution
   38  facilities, pipeline transmission and distribution facilities,
   39  public transportation corridors, and related appurtenances, nor
   40  does shall this section prohibit the use of eminent domain for
   41  said purposes as established by law. In any legal proceeding to
   42  condemn land for the purpose of construction and operation of a
   43  linear facility as described above, the court shall consider the
   44  public benefit provided by the conservation easement and linear
   45  facilities in determining which lands may be taken and the
   46  compensation paid.
   47         (b)For any land that has traditionally been used for
   48  agriculture, as that term is defined in s. 570.02, and is
   49  subject to a conservation easement entered into at any time
   50  pursuant to s. 570.71, this section or s. 570.71 may not be
   51  construed to limit the owner of the land to voluntarily
   52  negotiating the use of the land for any public or private linear
   53  facility, right of access, and related appurtenances, and
   54  reasonable compensation based on diminution in value of its
   55  interest in the conservation easement shall be the only remedy
   56  to the owner of the conservation easement for the construction
   57  and operation of any public or private linear facilities and
   58  related access and appurtenances.
   59         (c)This section does not preclude the applicability of any
   60  environmental permitting requirements applicable to a linear
   61  facility pursuant to chapters 369-380 or chapter 403 or any
   62  agency rules adopted pursuant to those chapters.
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 2 - 3
   67  and insert:
   68         An act relating to essential state infrastructure;
   69         amending s. 337.401, F.S.; specifying permit
   70         application timeframes required for the installation,
   71         location, or relocation of utilities within rights-of
   72         way; amending s. 704.06, F.S.; providing construction
   73         relating to the rights of an owner of land that has
   74         been traditionally used for agriculture and is subject
   75         to a conservation easement; creating s. 366.945, F.S.;
   76         providing