Bill No. HB 7135
Amendment No. 638805
Senate House

1Representative Mayfield offered the following:
3     Amendment
4     Remove lines 979-1023 and insert:
5appurtenances which are approved by the Secretary of
6Environmental Protection pursuant to the authority delegated by
7the board of trustees shall meet the following criteria:
8     1.  Such easements shall not prevent the use of the state-
9owned uplands adjacent to the easement area for the purposes for
10which such lands were acquired and shall not unreasonably
11diminish the ecological, conservation, or recreational values of
12the state-owned uplands adjacent to the easement area.
13     2.  There is no practical and prudent alternative to
14locating the linear facility and related appurtenances on state-
15owned upland. For purposes of this subparagraph, the test of
16practicality and prudence shall compare the social, economic,
17and environmental effects of the alternatives.
18     3.  Appropriate steps are taken to minimize the impacts to
19state-owned uplands. Such steps may include:
20     a.  Siting of facilities so as to reduce impacts and
21minimize fragmentation of the overall state-owned parcel;
22     b.  Avoiding significant wildlife habitat, wetlands, or
23other valuable natural resources to the maximum extent
24practicable; or
25     c.  Avoiding interference with active land management
26practices, such as prescribed burning.
27     4.  Except for easements granted as a part of a land
28exchange to accomplish a recreational or conservation benefit or
29other public purpose, in exchange for such easements, the
30grantee pays an amount equal to the market value of the interest
31acquired. In addition, for the initial grant of such easements
32only, the grantee shall provide additional compensation by
33vesting in the board of trustees fee simple title to other
34available uplands that are 1.5 times the size of the easement
35acquired by the grantee. The Secretary of Environmental
36Protection shall approve the property to be acquired on behalf
37of the board of trustees based on the geographic location in
38relation to the land proposed to be under easement and a
39determination that economic, ecological, and recreational value
40is at least equivalent to the value of the lands under proposed
41easement. Priority for replacement uplands shall be given to
42parcels identified as in-holdings and additions to public lands
43and lands on a Florida Forever land acquisition list. However,
44if suitable replacement uplands cannot be identified, the
45grantee shall provide additional compensation for the initial
46grant of such easements only by paying to the department an
47amount equal to 2 times the current market value of the state-
48owned land or the highest and best use value at the time of
49purchase, whichever is greater. When determining such use of
50funds, priority shall be given to parcels identified as in-
51holdings and additions to public lands and lands on a Florida
52Forever land acquisition list.
53     (c)  Where authority to approve easements for rights-of-way
54over, across, and upon uplands the title to which is vested in
55the board of trustees for the construction and operation of
56electric transmission and distribution facilities and related
57appurtenances has not been delegated to the Secretary of
58Environmental Protection, the board of trustees shall apply the
59same criteria and require the same compensation as provided
60above, provided, however, the board of trustees shall have the
61discretion to determine the amount of replacement lands required
62within a range of from one to two times the size of the easement
63acquired by the grantee, depending upon the degree to which the
64proposed use of the easement will interfere with the manner in
65which the lands within the proposed easement area have
66historically been managed.

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