Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for CS for SB 1544

446144

CHAMBER ACTION

Senate

Floor: 2/AD/2R

4/16/2008 3:01 PM

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House



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Senator Saunders moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 1186-1201

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and insert:

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     (2)(a) The board of trustees shall not sell, transfer, or

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otherwise dispose of any lands the title to which is vested in

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the board of trustees except by vote of at least three of the

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four trustees.

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     (b) The authority of the board of trustees to grant

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easements for rights-of-way over, across, and upon uplands the

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title of which is vested in the board of trustees for the

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construction and operation of electric transmission and

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distribution facilities and related appurtenances is hereby

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confirmed. The board of trustees may delegate to the Secretary

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of Environmental Protection the authority to grant such easements

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on its behalf. All easements for rights-of-way over, across, and

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upon uplands the title of which is vested in the board of

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trustees for the construction and operation of electrical

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transmission and distribution facilities and related

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appurtenances shall meet the following criteria:

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     1. Such easements shall not prevent the use of the state-

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owned uplands adjacent to the easement area for the purposes for

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which such lands were acquired, and shall not unreasonably

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diminish the ecological, conservation or recreational values of

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the state-owned uplands adjacent to the easement area.

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     2. There is no practical or prudent alternative to locating

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the linear facility and related appurtenances on state-owned

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upland. For purposes of this provision, the test of practicality

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and prudence shall compare the social, economic and environmental

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effects of the alternatives.

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     3. Appropriate steps are taken to minimize the impacts to

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state-owned uplands. Such steps may include:

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     a. Siting of facilities so as to reduce impacts and

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minimize fragmentation of the overall state-owned parcel;

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     b. Avoiding significant wildlife habitat, wetlands, or

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other valuable natural resources to the maximum extent

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practicable; or

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     c. Avoiding interference with active land management

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practices, such as prescribed burning.

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     4. Except for easements granted as a part of a land

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exchange initiated by a governmental entity to accomplish a

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recreational or conservation benefit, or other public purpose, in

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exchange for such easements, the grantee shall pay an amount

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equal to the market value of the interest acquired. In addition,

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for the initial grant of such easements only, the grantee shall

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provide additional compensation by vesting in the board of

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trustees fee simple title to other available uplands that are 1.5

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times the size of the easement acquired by the grantee. The

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grantor shall approve the property to be acquired on its behalf

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based on the geographic location in relation to the land proposed

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to be under easement and a determination that economic,

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ecological and recreational value is at least equivalent to the

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value of the lands under proposed easement. Priority for

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replacement uplands shall be given to parcels identified as in-

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holdings and additions to public lands and lands on a Florida

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Forever land acquisition list. However, if suitable replacement

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uplands cannot be identified, the grantee shall provide

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additional compensation for the initial grant of such easements

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only by paying to the department an amount equal to 2 times the

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current market value of the state-owned land or the highest and

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best use value at the time of purchase, whichever is greater.

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When determining the use of such funds, priority shall be given

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to parcels identified as in-holdings and additions to public

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lands and lands on a Florida Forever land acquisition list.

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

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And the title is amended as follows:

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     Delete line(s) 66-69 after the semicolon ";"

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insert:

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F.S.; providing that the Board of Trustees of the Internal

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Improvement Trust Fund may delegate to the Secretary of

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Environmental Protection the authority to grant easements

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on its behalf under certain conditions; amending s.

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253.034, F.S.;

4/15/2008  7:58:00 PM     EP.37.07742

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