CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Machek offered the following:

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13         Amendment (with title amendment) 

14         On page 3, between lines 10 and 11 of the bill

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16  insert:

17         Section 2.  Subsection (3) of section 373.139, Florida

18  Statutes, is amended to read:

19         373.139  Acquisition of real property.--

20         (3)  The initial 5-year work plan and any subsequent

21  modifications or additions thereto shall be adopted by each

22  water management district after a public hearing. Each water

23  management district shall provide at least 14 days' advance

24  notice of the hearing date and shall separately notify each

25  county commission within which a proposed work plan project or

26  project modification or addition is located of the hearing

27  date.

28         (a)  Appraisal reports, offers, and counteroffers are

29  confidential and exempt from the provisions of s. 119.07(1)

30  until an option contract is executed or, if no option contract

31  is executed, until 30 days before a contract or agreement for

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    File original & 9 copies    03/12/02
    hep0001                     06:51 pm         01299-0078-210843




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. 1 (for drafter's use only)





  1  purchase is considered for approval by the governing board.

  2  However, each district may, at its discretion, disclose

  3  appraisal reports to private landowners during negotiations

  4  for acquisitions using alternatives to fee simple techniques,

  5  if the district determines that disclosure of such reports

  6  will bring the proposed acquisition to closure. In the event

  7  that negotiation is terminated by the district, the title

  8  information, appraisal report, offers, and counteroffers shall

  9  become available pursuant to s. 119.07(1). Notwithstanding the

10  provisions of this section and s. 259.041, a district and the

11  Division of State Lands may share and disclose title

12  information, appraisal reports, appraisal information, offers,

13  and counteroffers when joint acquisition of property is

14  contemplated. A district and the Division of State Lands shall

15  maintain the confidentiality of such title information,

16  appraisal reports, appraisal information, offers, and

17  counteroffers in conformance with this section and s. 259.041,

18  except in those cases in which a district and the division

19  have exercised discretion to disclose such information. A

20  district may disclose appraisal information, offers, and

21  counteroffers to a third party who has entered into a

22  contractual agreement with the district to work with or on the

23  behalf of or to assist the district in connection with land

24  acquisitions. The third party shall maintain the

25  confidentiality of such information in conformance with this

26  section. In addition, a district may use, as its own,

27  appraisals obtained by a third party provided the appraiser is

28  selected from the district's list of approved appraisers and

29  the appraisal is reviewed and approved by the district.

30         (b)  The Secretary of Environmental Protection shall

31  release moneys from the appropriate account or trust fund to a

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    File original & 9 copies    03/12/02
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. 1 (for drafter's use only)





  1  district for preacquisition costs within 30 days after receipt

  2  of a resolution adopted by the district's governing board

  3  which identifies and justifies any such preacquisition costs

  4  necessary for the purchase of any lands listed in the

  5  district's 5-year work plan. The district shall return to the

  6  department any funds not used for the purposes stated in the

  7  resolution, and the department shall deposit the unused funds

  8  into the appropriate account or trust fund.

  9         (c)  The Secretary of Environmental Protection shall

10  release acquisition moneys from the appropriate account or

11  trust fund to a district following receipt of a resolution

12  adopted by the governing board identifying the lands being

13  acquired and certifying that such acquisition is consistent

14  with the 5-year work plan of acquisition and other provisions

15  of this section. The governing board also shall provide to the

16  Secretary of Environmental Protection a copy of all certified

17  appraisals used to determine the value of the land to be

18  purchased.  Each parcel to be acquired must have at least one

19  appraisal.  Two appraisals are required when the estimated

20  value of the parcel exceeds $500,000.  However, when both

21  appraisals exceed $500,000 and differ significantly, a third

22  appraisal may be obtained.  If the purchase price is greater

23  than the appraisal price, the governing board shall submit

24  written justification for the increased price.  The Secretary

25  of Environmental Protection may withhold moneys for any

26  purchase that is not consistent with the 5-year plan or the

27  intent of this section or that is in excess of appraised

28  value.  The governing board may appeal any denial to the Land

29  and Water Adjudicatory Commission pursuant to s. 373.114.

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    File original & 9 copies    03/12/02
    hep0001                     06:51 pm         01299-0078-210843




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. 1 (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 5 after the semicolon

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  5  and insert:

  6         amending s. 373.139; F.S.; clarifying that

  7         title information is not confidential and

  8         exempt;

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    File original & 9 copies    03/12/02
    hep0001                     06:51 pm         01299-0078-210843