SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 03:45 PM         .                    
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11  Senator Dockery moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 23, line 15, through page 27, line 21, delete
15  those lines
16  
17  and insert:  
18         Section 10.  Subsection (3) of section 373.139, Florida
19  Statutes, is amended to read:
20         373.139  Acquisition of real property.--
21         (3)  The initial 5-year work plan and any subsequent
22  modifications or additions thereto shall be adopted by each
23  water management district after a public hearing. Each water
24  management district shall provide at least 14 days' advance
25  notice of the hearing date and shall separately notify each
26  county commission within which a proposed work plan project or
27  project modification or addition is located of the hearing
28  date.
29         (a)  Appraisal reports, offers, and counteroffers are
30  confidential and exempt from the provisions of s. 119.07(1)
31  until an option contract is executed or, if no option contract
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
 1  is executed, until 30 days before a contract or agreement for
 2  purchase is considered for approval by the governing board.
 3  However, each district may, at its discretion, disclose
 4  appraisal reports to private landowners during negotiations
 5  for acquisitions using alternatives to fee simple techniques,
 6  if the district determines that disclosure of such reports
 7  will bring the proposed acquisition to closure. In the event
 8  that negotiation is terminated by the district, the title
 9  information, appraisal report, offers, and counteroffers shall
10  become available pursuant to s. 119.07(1). Notwithstanding the
11  provisions of this section and s. 259.041, a district and the
12  Division of State Lands may share and disclose title
13  information, appraisal reports, appraisal information, offers,
14  and counteroffers when joint acquisition of property is
15  contemplated. A district and the Division of State Lands shall
16  maintain the confidentiality of such title information,
17  appraisal reports, appraisal information, offers, and
18  counteroffers in conformance with this section and s. 259.041,
19  except in those cases in which a district and the division
20  have exercised discretion to disclose such information. A
21  district may disclose appraisal information, offers, and
22  counteroffers to a third party who has entered into a
23  contractual agreement with the district to work with or on the
24  behalf of or to assist the district in connection with land
25  acquisitions. The third party shall maintain the
26  confidentiality of such information in conformance with this
27  section. In addition, a district may use, as its own,
28  appraisals obtained by a third party provided the appraiser is
29  selected from the district's list of approved appraisers and
30  the appraisal is reviewed and approved by the district.
31         (b)  The Secretary of Environmental Protection shall
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
 1  release moneys from the appropriate account or trust fund to a
 2  district for preacquisition costs within 30 days after receipt
 3  of a resolution adopted by the district's governing board
 4  which identifies and justifies any such preacquisition costs
 5  necessary for the purchase of any lands listed in the
 6  district's 5-year work plan. The district shall return to the
 7  department any funds not used for the purposes stated in the
 8  resolution, and the department shall deposit the unused funds
 9  into the appropriate account or trust fund.
10         (c)  The Secretary of Environmental Protection shall
11  release acquisition moneys from the appropriate account or
12  trust fund to a district following receipt of a resolution
13  adopted by the governing board identifying the lands being
14  acquired and certifying that such acquisition is consistent
15  with the 5-year work plan of acquisition and other provisions
16  of this section. The governing board also shall provide to the
17  Secretary of Environmental Protection a copy of all certified
18  appraisals used to determine the value of the land to be
19  purchased.  Each parcel to be acquired must have at least one
20  appraisal.  Two appraisals are required when the estimated
21  value of the parcel exceeds $1 million $500,000.  However,
22  when both appraisals exceed $1 million $500,000 and differ
23  significantly, a third appraisal may be obtained.  If the
24  purchase price is greater than the appraisal price, the
25  governing board shall submit written justification for the
26  increased price.  The Secretary of Environmental Protection
27  may withhold moneys for any purchase that is not consistent
28  with the 5-year plan or the intent of this section or that is
29  in excess of appraised value.  The governing board may appeal
30  any denial to the Land and Water Adjudicatory Commission
31  pursuant to s. 373.114.
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
 1         Section 11.  Subsection (10) of section 373.59, Florida
 2  Statutes, is amended to read:
 3         373.59  Water Management Lands Trust Fund.--
 4         (10)(a)  Beginning July 1, 1999, not more than
 5  one-fourth of the land management funds provided for in
 6  subsections (1) and (8) in any year shall be reserved annually
 7  by a governing board, during the development of its annual
 8  operating budget, for payments in lieu of taxes for all actual
 9  tax losses incurred as a result of governing board
10  acquisitions for water management districts pursuant to ss.
11  259.101, 259.105, 373.470, and this section during any year.
12  Reserved funds not used for payments in lieu of taxes in any
13  year shall revert to the Water Management Lands Trust Fund to
14  be used in accordance with the provisions of this section.
15         (b)  Payment in lieu of taxes shall be available:
16         1.  To all counties that have a population of 150,000
17  or fewer. Population levels shall be determined pursuant to s.
18  11.031.
19         2.  To all local governments located in eligible
20  counties and whose lands are bought and taken off the tax
21  rolls.
22  
23  For properties acquired after January 1, 2000, in the event
24  that such properties otherwise eligible for payment in lieu of
25  taxes under this subsection are leased or reserved and remain
26  subject to ad valorem taxes, payments in lieu of taxes shall
27  commence or recommence upon the expiration or termination of
28  the lease or reservation, but in no event shall there be more
29  than a total of 10 ten annual payments in lieu of taxes for
30  each tax loss. If the lease is terminated for only a portion
31  of the lands at any time, the 10 ten annual payments shall be
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
 1  made for that portion only commencing the year after such
 2  termination, without limiting the requirement that 10 ten
 3  annual payments shall be made on the remaining portion or
 4  portions of the land as the lease on each expires. For the
 5  purposes of this subsection, "local government" includes
 6  municipalities, the county school board, mosquito control
 7  districts, and any other local government entity which levies
 8  ad valorem taxes.
 9         (c)  If sufficient funds are unavailable in any year to
10  make full payments to all qualifying counties and local
11  governments, such counties and local governments shall receive
12  a pro rata share of the moneys available.
13         (d)  The payment amount shall be based on the average
14  amount of actual taxes paid on the property for the 3 years
15  preceding acquisition. Applications for payment in lieu of
16  taxes shall be made no later than January 31 of the year
17  following acquisition. No payment in lieu of taxes shall be
18  made for properties which were exempt from ad valorem taxation
19  for the year immediately preceding acquisition.
20         (e)  If property that was subject to ad valorem
21  taxation was acquired by a tax-exempt entity for ultimate
22  conveyance to the state under this chapter, payment in lieu of
23  taxes shall be made for such property based upon the average
24  amount of taxes paid on the property for the 3 years prior to
25  its being removed from the tax rolls. The water management
26  districts shall certify to the Department of Revenue those
27  properties that may be eligible under this provision. Once
28  eligibility has been established, that governmental entity
29  shall receive 10 consecutive annual payments for each tax
30  loss, and no further eligibility determination shall be made
31  during that period.
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
 1         (f)(e)  Payment in lieu of taxes pursuant to this
 2  subsection shall be made annually to qualifying counties and
 3  local governments after certification by the Department of
 4  Revenue that the amounts applied for are reasonably
 5  appropriate, based on the amount of actual taxes paid on the
 6  eligible property, and after the water management districts
 7  have provided supporting documents to the Comptroller and have
 8  requested that payment be made in accordance with the
 9  requirements of this section. With the assistance of the local
10  government requesting payment in lieu of taxes, the water
11  management district that acquired the land is responsible for
12  preparing and submitting application requests for payment to
13  the Department of Revenue for certification.
14         (g)(f)  If a water management district conveys to a
15  county or local government title to any land owned by the
16  district, any payments in lieu of taxes on the land made to
17  the county or local government shall be discontinued as of the
18  date of the conveyance.
19         (g)  The districts may make retroactive payments to
20  counties and local governments that did not receive payments
21  in lieu of taxes for lands purchased under s. 259.101 and this
22  section during fiscal year 1999-2000 if the counties and local
23  governments would have received those payments under ss.
24  259.032(12) and 373.59(14).
25         Section 12.  Section 373.5905, Florida Statutes, is
26  amended to read:
27         373.5905  Reinstitution of payments in lieu of taxes;
28  duration.--If the Department of Environmental Protection or a
29  water management district has made a payment in lieu of taxes
30  to a governmental entity and subsequently suspended such
31  payment, the department or water management district shall
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 2754
    Amendment No. ___   Barcode 871546
 1  reinstitute appropriate payments and continue the payments in
 2  consecutive years until the governmental entity has received a
 3  total of 10 payments for each tax loss.
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 5  
 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         On page 2, line 27, through page 3, line 2, delete
 9  those lines
10  
11  and insert:
12         F.S.; repealing obsolete requirements; revising
13         requirements for appraisals when acquiring
14         water management district lands; amending s.
15         373.59, F.S.; revising provisions requiring
16         payments in lieu of taxes from funds deposited
17         into the Water Management Lands Trust Fund;
18         amending s. 373.5905, F.S.; revising
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