Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 7018 Ì139902'Î139902 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) 2 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. ANo14 utility may notshallbe 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 mustshallrequire 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 inThis section or other provisions of law 32 may notshallbe 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 useutilizationof 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 doesshallthis 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. 63 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