Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1310
       
       
       
       
       
       
                                Ì427514#Î427514                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2016           .                                
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       The Committee on Appropriations (Grimsley) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 112 - 135
    4  and insert:
    5         Section 5. Subsection (1) of section 704.06, Florida
    6  Statutes, is amended to read:
    7         704.06 Conservation easements; creation; acquisition;
    8  enforcement.—
    9         (1) As used in this section, “conservation easement” means
   10  a right or interest in real property which is appropriate to
   11  retaining land or water areas predominantly in their natural,
   12  scenic, open, agricultural, or wooded condition; retaining such
   13  areas as suitable habitat for fish, plants, or wildlife;
   14  retaining the structural integrity or physical appearance of
   15  sites or properties of historical, architectural,
   16  archaeological, or cultural significance; or maintaining
   17  existing land uses and which prohibits or limits any or all of
   18  the following:
   19         (a) Construction or placing of buildings, roads, signs,
   20  billboards or other advertising, utilities, or other structures
   21  on or above the ground.
   22         (b) Dumping or placing of soil or other substance or
   23  material as landfill or dumping or placing of trash, waste, or
   24  unsightly or offensive materials.
   25         (c) Removal or destruction of trees, shrubs, or other
   26  vegetation, except when needed for maintenance purposes or as
   27  part of forest management conducted in accordance with
   28  applicable best management practices adopted by the Department
   29  of Agriculture and Consumer Services.
   30         (d) Excavation, dredging, or removal of loam, peat, gravel,
   31  soil, rock, or other material substance in such manner as to
   32  affect the surface.
   33         (e) Surface use except for purposes that permit the land or
   34  water area to remain predominantly in its natural or
   35  agricultural condition. An allowable surface use may include,
   36  but is not limited to, livestock grazing, if such activity is a
   37  current or historic use and if such future use within the
   38  conservation easement area is conducted in accordance with
   39  applicable best management practices adopted by the Department
   40  of Agriculture and Consumer Services.
   41         (f) Activities detrimental to drainage, flood control,
   42  water conservation, erosion control, soil conservation, or fish
   43  and wildlife habitat preservation.
   44         (g) Acts or uses detrimental to such retention of land or
   45  water areas.
   46         (h) Acts or uses detrimental to the preservation of the
   47  structural integrity or physical appearance of sites or
   48  properties of historical, architectural, archaeological, or
   49  cultural significance.
   50  
   51  Paragraphs (c) and (e) do not restrict or diminish the authority
   52  of any unit of government to allow forest management and
   53  livestock grazing as a compatible use on lands subject to a
   54  conservation easement.