HOUSE AMENDMENT
                                                  Bill No. HB 1019
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Judicial Oversight offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (a) of subsection (1) of section
18  73.015, Florida Statutes, is amended to read:
19         73.015  Presuit negotiation.--
20         (1)  Effective July 1, 2000, before an eminent domain
21  proceeding is brought under this chapter or chapter 74, the
22  condemning authority must attempt to negotiate in good faith
23  with the fee owner of the parcel to be acquired, must provide
24  the fee owner with a written offer and, if requested, a copy
25  of the appraisal upon which the offer is based, and must
26  attempt to reach an agreement regarding the amount of
27  compensation to be paid for the parcel.
28         (a)  At the time any offer of compensation for
29  acquisition is made to the fee owner, At the inception of
30  negotiation for acquisition, the condemning authority must
31  notify the fee owner of the following:
                                  1
    File original & 9 copies    04/12/01                          
    hjo0006                     12:12 pm         01019-jo  -322993

HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 1. That all or a portion of his or her property is 2 necessary for a project. 3 2. The nature of the project for which the parcel is 4 considered necessary, and the parcel designation of the 5 property to be acquired. 6 3. That, within 15 business days after receipt of a 7 request by the fee owner, the condemning authority will 8 provide a copy of the appraisal report upon which the offer to 9 the fee owner is based; copies, to the extent prepared, of the 10 right-of-way maps or other documents that depict the proposed 11 taking; and copies, to the extent prepared, of the 12 construction plans that depict project improvements to be 13 constructed on the property taken and improvements to be 14 constructed adjacent to the remaining property, including, but 15 not limited to, plan, profile, cross-section, drainage, and 16 pavement marking sheets, and driveway connection detail. The 17 condemning authority shall provide any additional plan sheets 18 within 15 days of request. 19 4. The fee owner's statutory rights under ss. 73.091 20 and 73.092, or alternatively provide copies of these 21 provisions of law. 22 5. The fee owner's rights and responsibilities under 23 paragraphs (b) and (c) and subsection (4), or alternatively 24 provide copies of these provisions of law. 25 Section 2. Subsections (1) and (3) of section 270.11, 26 Florida Statutes, are amended to read: 27 270.11 Contracts for sale of public lands to reserve 28 certain mineral rights; prohibition on exercise of right of 29 entry in certain cases.-- 30 (1) Unless the applicable agency chooses not to 31 reserve such interest and except Except as otherwise provided 2 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 by law, in all contracts and deeds for the sale of land 2 executed by the Board of Trustees of the Internal Improvement 3 Trust Fund or by any local government, water management 4 district, or other agency of the state, there shall be 5 reserved for such local government, water management district, 6 other agency of the state, or the board of trustees and its 7 successors an undivided three-fourths interest in, and title 8 in and to an undivided three-fourths interest in, all the 9 phosphate, minerals, and metals that are or may be in, on, or 10 under the said land and an undivided one-half interest in all 11 the petroleum that is or may be in, on, or under said land 12 with the privilege to mine and develop the same. 13 (3) A local government, water management district, or 14 agency of the state may, at its discretion, sell or release 15 such reserved interest in any parcel of land, except that such 16 sale or release shall be made upon petition of the purchaser 17 for such interest and with upon submission by the local 18 government, water management district, or agency of the state 19 which owns the parcel of a statement of reasons justifying 20 such sale or release. 21 Section 3. Subsection (4) of section 373.056, Florida 22 Statutes, is amended to read: 23 373.056 State agencies, counties, drainage districts, 24 municipalities, or governmental agencies or public 25 corporations authorized to convey or receive land from water 26 management districts.-- 27 (4) Any water management district within this chapter 28 shall have authority to convey or lease to any other agency 29 described herein or to the United States Government, including 30 its agencies, land or rights in land owned by such district 31 not required for its purposes under such terms and conditions 3 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 as the governing board of such district may determine. In 2 addition to other general law authorizing the grant of utility 3 easements, any water management district may grant utility 4 easements on land owned by such district to any private or 5 public utility for the limited purpose of obtaining utility 6 service to district property under such terms and conditions 7 as the governing board of such district may determine. 8 Section 4. Subsection (2) of section 373.093, Florida 9 Statutes, is amended to read: 10 373.093 Lease of lands or interest in land.--The 11 governing board of the district may lease any lands or 12 interest in land, including but not limited to oil and mineral 13 rights, to which the district has acquired title, or to which 14 it may hereafter acquire title in the following manner, as 15 long as the lease is consistent with the purposes for which 16 the lands or any interest in land was acquired: 17 (2) Before leasing any land, or interest in land 18 including but not limited to oil and mineral rights, the 19 district shall cause a notice of intention to lease to be 20 published in a newspaper published in the county in which said 21 land is situated and such other places as the board may 22 determine once each week for 3 successive weeks (three 23 insertions being sufficient), the first publication of which 24 shall be not less than 30 nor more than 90 45 days prior to 25 the date the board executes the any lease, which said notice 26 shall set forth the time and place of leasing and a 27 description of the lands to be leased. 28 Section 5. Subsection (2) and paragraph (a) of 29 subsection (3) of section 373.139, Florida Statutes, are 30 amended to read: 31 373.139 Acquisition of real property.-- 4 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 (2) The governing board of the district is empowered 2 and authorized to acquire in fee or less than fee title to 3 real property, and easements and other interests or rights 4 therein, by purchase, gift, devise, lease, eminent domain, or 5 otherwise for flood control, water storage, water management, 6 conservation and protection of water resources, aquifer 7 recharge, water resource and water supply development, and 8 preservation of wetlands, streams, and lakes. Eminent domain 9 powers may be used only for acquiring real property for flood 10 control and water storage or for curing title defects or 11 encumbrances to real property owned by the district or to be 12 acquired by the district from a willing seller. 13 (3) The initial 5-year work plan and any subsequent 14 modifications or additions thereto shall be adopted by each 15 water management district after a public hearing. Each water 16 management district shall provide at least 14 days' advance 17 notice of the hearing date and shall separately notify each 18 county commission within which a proposed work plan project or 19 project modification or addition is located of the hearing 20 date. 21 (a) Title information, appraisal reports, offers, and 22 counteroffers are confidential and exempt from the provisions 23 of s. 119.07(1) until an option contract is executed or, if no 24 option contract is executed, until 30 days before a contract 25 or agreement for purchase is considered for approval by the 26 governing board. However, each district may, at its 27 discretion, disclose appraisal reports or title information to 28 private landowners during negotiations for acquisitions using 29 alternatives to fee simple techniques, if the district 30 determines that disclosure of such reports or title 31 information will bring the proposed acquisition to closure. In 5 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 the event that negotiation is terminated by the district, the 2 title information, appraisal report, offers, and counteroffers 3 shall become available pursuant to s. 119.07(1). 4 Notwithstanding the provisions of this section and s. 259.041, 5 a district and the Division of State Lands may share and 6 disclose title information, appraisal reports, appraisal 7 information, offers, and counteroffers when joint acquisition 8 of property is contemplated. A district and the Division of 9 State Lands shall maintain the confidentiality of such title 10 information, appraisal reports, appraisal information, offers, 11 and counteroffers in conformance with this section and s. 12 259.041, except in those cases in which a district and the 13 division have exercised discretion to disclose such 14 information. A district may disclose title information, 15 appraisal information, offers, and counteroffers to a third 16 party who has entered into a contractual agreement with the 17 district to work with or on the behalf of or to assist the 18 district in connection with land acquisitions. The third party 19 shall maintain the confidentiality of such information in 20 conformance with this section. In addition, a district may 21 use, as its own, appraisals obtained by a third party provided 22 the appraiser is selected from the district's list of approved 23 appraisers and the appraisal is reviewed and approved by the 24 district. 25 Section 6. Section 373.1401, Florida Statutes, is 26 amended to read: 27 373.1401 Management of lands of water management 28 districts.--In addition to provisions contained in s. 29 373.1391(1) for soil and water conservation districts, the The 30 governing board of each water management district may contract 31 with a non-governmental person or entity, any federal or state 6 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 agency, a county, a municipality, or any other governmental 2 entity, or environmental nonprofit organization to provide for 3 the improvement, management, or maintenance of any real 4 property owned by or under the control of the district. 5 Section 7. Paragraph (a) of subsection (6) of section 6 374.984, Florida Statutes, is amended to read: 7 374.984 Purpose; powers and duties.--It is the purpose 8 and intent of this act that the board perform and do all 9 things which shall be requisite and necessary to comply with 10 the requirements and conditions imposed upon a "local 11 interest" by the Congress of the United States in the several 12 acts authorizing and directing the improvement and maintenance 13 of the Intracoastal Waterway from St. Mary's River to the 14 southernmost boundary of Dade County. Said acts include but 15 are not limited to: the Rivers and Harbors Act approved 16 January 21, 1927, as amended by the River and Harbor Act 17 approved July 3, 1930; the River and Harbor Act of June 20, 18 1938; and s. 107 of the Federal River and Harbor Act of 1960. 19 Pursuant thereto, the powers of the board shall include, but 20 not be limited to: 21 (6)(a) Contracting directly for, or entering into 22 agreement from time to time with the district engineer of the 23 Jacksonville, Florida, United States Army Corps of Engineers 24 district, or other agency or party duly authorized 25 representative of the United States, to contribute toward the 26 cost of dredging performed on the waterway by the United 27 States, to construct retaining bulkheads, dikes, and levees, 28 to construct ditches for the control of water discharged by 29 the dredges, and to do all other work and/or things which, in 30 the judgment of the board, shall be proper and necessary to 31 produce economies in meeting the conditions with respect to 7 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 right-of-way and dredged material management areas imposed 2 upon a "local interest" by the Congress of the United States 3 in the several acts authorizing and directing the improvement, 4 navigability, and maintenance of the Intracoastal Waterway 5 from St. Mary's River to the southernmost boundary of Dade 6 County. 7 Section 8. This act shall take effect upon becoming a 8 law. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 remove from the title of the bill: the entire title 14 15 and insert in lieu thereof: 16 A bill to be entitled 17 An act relating to land acquisition and 18 management procedure; amending s. 73.015, 19 clarifying time-frame for providing specific 20 information to fee-owners; requiring agencies 21 to provide specified portions of statute to 22 fee-owners; amending s. 270.11, F.S.; providing 23 discretion to water management districts, local 24 governments, board of trustees and other state 25 agencies to determine whether to reserve 26 mineral interests when selling lands; 27 clarifying the types of information to be given 28 by land-owner wanting a release of a 29 reservation; amending s. 373.056, F.S.; 30 granting water management districts the 31 authority to grant utility easements on 8 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993
HOUSE AMENDMENT Bill No. HB 1019 Amendment No. 01 (for drafter's use only) 1 district-owned land for providing utility 2 service; amending s. 373.093, F.S.; granting 3 additional time to water management districts 4 to provide notification before executing lease 5 agreements; amending s. 373.139, F.S.; 6 authorizing water management districts to cure 7 title defects after a land sale is executed; 8 allowing water management districts to disclose 9 title information, appraisal information, 10 offers and counter offers to third parties 11 working on the district's behalf; allowing 12 third party appraisals to be used under 13 specific circumstances; amending s. 373.1401, 14 F.S.; allowing water management districts to 15 contract with private entities for management, 16 improvement, or maintenance of land held by the 17 districts; providing an effective date 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 File original & 9 copies 04/12/01 hjo0006 12:12 pm 01019-jo -322993