Senate Bill 1710e1

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  1                      A bill to be entitled

  2         An act relating to land acquisition; amending

  3         s. 201.15, F.S.; providing for changes to bond

  4         debt service; amending s. 201.15, F.S.;

  5         providing for changes to bond debt service;

  6         revising the deposit of certain funds and

  7         providing limitations, effective July 1, 2001;

  8         amending s. 215.618, F.S.; providing for the

  9         refunding and sale of Florida Forever bonds;

10         amending s. 253.03, F.S.; providing for the

11         permitting of certain habitable structures;

12         amending s. 253.034, F.S.; clarifying

13         provisions governing the deposit of funds

14         received from the sale of surplus lands;

15         exempting the Departments of Juvenile Justice

16         and Children and Family Services from a

17         requirement for land-management-plan review;

18         requiring the adoption of rules; revising

19         management planning requirements; providing

20         procedures for determining the value of certain

21         lands; amending s. 259.03, F.S.; redefining the

22         terms "capital improvement" and "water resource

23         development project"; amending s. 259.032,

24         F.S.; revising the payments-in-lieu-of-taxes

25         program; amending s. 259.0345, F.S.; deleting

26         obsolete provisions; revising the terms of

27         Florida Forever Advisory Council members;

28         clarifying the duties of the Florida Forever

29         Advisory Council; amending s. 259.035, F.S.;

30         authorizing the Acquisition and Restoration

31         Council to use specified rules; revising


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  1         procedures; amending s. 259.101, F.S.;

  2         authorizing the Board of Trustees of the

  3         Internal Improvement Trust Fund to hold title

  4         to specified lands; requiring the monitoring of

  5         easements and agreements; deleting provisions

  6         requiring the redistribution of specified

  7         funds; deleting a repeal of Preservation 2000

  8         bond allocations; amending s. 259.105, F.S.;

  9         requiring the redistribution of funds in

10         specified circumstances; requiring a specific

11         percentage of the Florida Communities Trust's

12         Florida Forever funds to be expended in

13         standard metropolitan statistical areas;

14         revising a date for acceptance of acquisition

15         applications; authorizing capital expenditures;

16         revising the goals of the Florida Forever

17         program; requiring the recommendation of rules

18         to the board of trustees; revising the

19         distribution of funds; amending s. 260.018,

20         F.S.; correcting an error; amending s. 373.139,

21         F.S.; requiring a public hearing and

22         notification to the county of proposed

23         purchases; amending s. 373.1391, F.S.;

24         providing for the resolution of certain

25         disputes; amending s. 373.199, F.S.; revising

26         the date for submission of a report and the

27         content of the report; amending s. 373.59,

28         F.S.; revising payments-in-lieu-of-taxes

29         requirements; authorizing the refunding of

30         bonds; amending s. 375.051, F.S.; revising

31         requirements for debt service for bonds issued


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  1         to acquire lands, water areas, and related

  2         resources; amending s. 375.075, F.S.; revising

  3         the funding plan for recreational development;

  4         amending s. 380.507, F.S.; revising the uses of

  5         Florida Forever funds; amending s. 380.510,

  6         F.S.; revising the uses of Florida Forever

  7         funds; providing an appropriation; repealing s.

  8         211.3103(9), F.S., relating to the severance

  9         tax on phosphate; providing effective dates.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Paragraph (a) of subsection (1) of section

14  201.15, Florida Statutes, is amended to read:

15         201.15  Distribution of taxes collected.--All taxes

16  collected under this chapter shall be distributed as follows

17  and shall be subject to the service charge imposed in s.

18  215.20(1), except that such service charge shall not be levied

19  against any portion of taxes pledged to debt service on bonds

20  to the extent that the amount of the service charge is

21  required to pay any amounts relating to the bonds:

22         (1)  Sixty-two and sixty-three hundredths percent of

23  the remaining taxes collected under this chapter shall be used

24  for the following purposes:

25         (a)  Amounts as shall be necessary to pay the debt

26  service on, or fund debt service reserve funds, rebate

27  obligations, or other amounts payable with respect to

28  Preservation 2000 bonds issued pursuant to s. 375.051 and

29  Florida Forever bonds issued pursuant to s. 215.618, shall be

30  paid into the State Treasury to the credit of the Land

31  Acquisition Trust Fund to be used for such purposes. The


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  1  amount transferred to the Land Acquisition Trust Fund for such

  2  purposes shall not exceed $300 million in fiscal year

  3  1999-2000 and thereafter for Preservation 2000 bonds and bonds

  4  issued to refund Preservation 2000 bonds, and $300 million in

  5  fiscal year 2000-2001 and thereafter for Florida Forever

  6  bonds. The annual amount transferred to the Land Acquisition

  7  Trust Fund for Florida Forever bonds shall not exceed $30

  8  million in the first fiscal year in which bonds are issued.

  9  The limitation on the amount transferred shall be increased by

10  an additional $30 million in each subsequent fiscal year in

11  which bonds are authorized to be issued, but shall not exceed

12  a total of $300 million in any fiscal year for all bonds

13  issued. It is the intent of the Legislature that all bonds

14  issued to fund the Florida Forever Act be retired by December

15  31, 2030. Except for bonds issued to refund previously issued

16  bonds, no series of bonds may be issued pursuant to this

17  paragraph unless such bonds are approved and the first year's

18  debt service for the remainder of the fiscal year in which the

19  bonds are issued such bonds is specifically appropriated in

20  the General Appropriations Act. For purposes of refunding

21  Preservation 2000 bonds, amounts designated within this

22  section for Preservation 2000 and Florida Forever bonds may be

23  transferred between the two programs to the extent provided

24  for in the documents authorizing the issuance of the bonds.

25  The Preservation 2000 bonds and Florida Forever bonds shall be

26  equally and ratably secured by moneys distributable to the

27  Land Acquisition Trust Fund pursuant to this section, except

28  to the extent specifically provided otherwise by the documents

29  authorizing the issuance of the bonds. No moneys transferred

30  to the Land Acquisition Trust Fund pursuant to this paragraph,

31


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  1  or earnings thereon, shall be used or made available to pay

  2  debt service on the Save Our Coast revenue bonds.

  3         Section 2.  Effective July 1, 2001, paragraph (a) of

  4  subsection (1) and subsection (8) of section 201.15, Florida

  5  Statutes, are amended to read:

  6         201.15  Distribution of taxes collected.--All taxes

  7  collected under this chapter shall be distributed as follows

  8  and shall be subject to the service charge imposed in s.

  9  215.20(1), except that such service charge shall not be levied

10  against any portion of taxes pledged to debt service on bonds

11  to the extent that the amount of the service charge is

12  required to pay any amounts relating to the bonds:

13         (1)  Sixty-two and sixty-three hundredths percent of

14  the remaining taxes collected under this chapter shall be used

15  for the following purposes:

16         (a)  Amounts as shall be necessary to pay the debt

17  service on, or fund debt service reserve funds, rebate

18  obligations, or other amounts payable with respect to

19  Preservation 2000 bonds issued pursuant to s. 375.051 and

20  Florida Forever bonds issued pursuant to s. 215.618, shall be

21  paid into the State Treasury to the credit of the Land

22  Acquisition Trust Fund to be used for such purposes. The

23  amount transferred to the Land Acquisition Trust Fund for such

24  purposes shall not exceed $300 million in fiscal year

25  1999-2000 and thereafter for Preservation 2000 bonds and bonds

26  issued to refund Preservation 2000 bonds, and $300 million in

27  fiscal year 2000-2001 and thereafter for Florida Forever

28  bonds. The annual amount transferred to the Land Acquisition

29  Trust Fund for Florida Forever bonds shall not exceed $30

30  million in the first fiscal year in which bonds are issued.

31  The limitation on the amount transferred shall be increased by


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  1  an additional $30 million in each subsequent fiscal year in

  2  which bonds are authorized to be issued, but shall not exceed

  3  a total of $300 million in any fiscal year for all bonds

  4  issued. It is the intent of the Legislature that all bonds

  5  issued to fund the Florida Forever Act be retired by December

  6  31, 2030. Except for bonds issued to refund previously issued

  7  bonds, no series of bonds may be issued pursuant to this

  8  paragraph unless such bonds are approved and the first year's

  9  debt service for the remainder of the fiscal year in which the

10  bonds are issued such bonds is specifically appropriated in

11  the General Appropriations Act. For purposes of refunding

12  Preservation 2000 bonds, amounts designated within this

13  section for Preservation 2000 and Florida Forever bonds may be

14  transferred between the two programs to the extent provided

15  for in the documents authorizing the issuance of the bonds.

16  The Preservation 2000 bonds and Florida Forever bonds shall be

17  equally and ratably secured by moneys distributable to the

18  Land Acquisition Trust Fund pursuant to this section, except

19  to the extent specifically provided otherwise by the documents

20  authorizing the issuance of the bonds. No moneys transferred

21  to the Land Acquisition Trust Fund pursuant to this paragraph,

22  or earnings thereon, shall be used or made available to pay

23  debt service on the Save Our Coast revenue bonds.

24         (8)  One-half of one percent of the remaining taxes

25  collected under this chapter shall be paid into the State

26  Treasury and divided equally to the credit of the Department

27  of Environmental Protection Water Quality Assurance Grants and

28  Donations Trust Fund to address water quality impacts

29  associated with nonagricultural nonpoint sources and to the

30  credit of the Department of Agriculture and Consumer Services

31  General Inspection Trust Fund to address water quality impacts


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  1  associated with agricultural nonpoint sources, respectively.

  2  These funds shall be used for research, development,

  3  demonstration, and implementation of suitable best management

  4  practices or other measures used to achieve water quality

  5  standards in surface waters and water segments identified

  6  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

  7  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

  8  management practices and other measures may include cost-share

  9  grants, technical assistance, implementation tracking, and

10  conservation leases or other agreements for water quality

11  improvement. The unobligated balance of funds received from

12  the distribution of taxes collected under this chapter to

13  address water quality impacts associated with nonagricultural

14  nonpoint sources will be excluded when calculating the

15  unobligated balance of the Water Quality Assurance Trust Fund

16  as it relates to the determination of the applicable excise

17  tax rate.

18         Section 3.  Subsection (1) of section 215.618, Florida

19  Statutes, is amended to read:

20         215.618  Bonds for acquisition and improvement of land,

21  water areas, and related property interests and resources.--

22         (1)  The issuance of Florida Forever bonds, not to

23  exceed $3 billion, to finance or refinance the cost of

24  acquisition and improvement of land, water areas, and related

25  property interests and resources, in urban and rural settings,

26  for the purposes of restoration, conservation, recreation,

27  water resource development, or historical preservation, and

28  for capital improvements to lands and water areas that

29  accomplish environmental restoration, enhance public access

30  and recreational enjoyment, promote long-term management

31  goals, and facilitate water resource development is hereby


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  1  authorized, subject to the provisions of s. 259.105 and

  2  pursuant to s. 11(e), Art. VII of the State Constitution.

  3  Florida Forever bonds may also be issued to refund

  4  Preservation 2000 bonds issued pursuant to s. 375.051. The

  5  $3-billion limitation on the issuance of Florida Forever bonds

  6  does not apply to refunding bonds. The duration of each series

  7  of Florida Forever bonds issued may not exceed 20 annual

  8  maturities. Preservation 2000 bonds and Florida Forever bonds

  9  shall be equally and ratably secured by moneys distributable

10  to the Land Acquisition Trust Fund pursuant to s.

11  201.15(1)(a), except to the extent specifically provided

12  otherwise by the documents authorizing the issuance of the

13  bonds.

14         Section 4.  Paragraph (d) of subsection (7) of section

15  253.03, Florida Statutes, is amended and paragraph (e) is

16  added to that subsection to read:

17         253.03  Board of trustees to administer state lands;

18  lands enumerated.--

19         (7)

20         (d)  By January 1, 2001 2000, the owners of habitable

21  structures built on or before May 1, 1999 January 1, 1998,

22  located in conservation areas 2 or 3, on district or

23  state-owned lands, the existence or use which will not impede

24  the restoration of the Everglades, whether pursuant to a

25  submerged lease or not, must provide written notification to

26  the South Florida Water Management District of their existence

27  and location, including an identification of the footprint of

28  the structures.  This notification will grant the leaseholders

29  an automatic 20-year lease at a reasonable fee established by

30  the district, or the Department of Environmental Protection,

31  as appropriate, to expire on January 1, 2020. The district or


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  1  Department of Environmental Protection, as appropriate, may

  2  impose reasonable conditions consistent with existing laws and

  3  rules. If the structures are located on privately owned lands,

  4  the landowners must provide the same notification required for

  5  a 20-year permit. If Where the structures are located on

  6  state-owned lands, the South Florida Water Management District

  7  shall submit this notification to the Department of

  8  Environmental Protection on the owner's behalf.  At the

  9  expiration of this 20-year lease or permit, the South Florida

10  Water Management District or the Department of Environmental

11  Protection, as appropriate, shall have the right to require

12  that the leaseholder remove the structures if the district

13  determines that the structures or their use are causing harm

14  to the water or land resources of the district, or to renew

15  the lease agreement.  The structure of any owner who does not

16  provide notification to the South Florida Water Management

17  District as required under this subsection, shall be

18  considered illegal and subject to immediate removal.  Any

19  structure built in any water conservation area after May 1,

20  1999, without necessary permits and leases from the South

21  Florida Water Management District, or the Department of

22  Environmental Protection, or other local government, as

23  appropriate, shall be considered illegal and subject to

24  removal.

25         (e)  Failure to comply with the conditions contained in

26  any permit or lease agreement as described in paragraph (d)

27  makes the structure illegal and subject to removal. Any

28  structure built in any water conservation area on or after

29  July 1, 2000, is also illegal and subject to immediate

30  removal.

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  1         Section 5.  Subsections (1), (4), (5), (6), (8), and

  2  (10) of section 253.034, Florida Statutes, are amended to

  3  read:

  4         253.034  State-owned lands; uses.--

  5         (1)  All lands acquired pursuant to chapter 259 shall

  6  be managed to serve the public interest by protecting and

  7  conserving land, air, water, and the state's natural

  8  resources, which contribute to the public health, welfare, and

  9  economy of the state.  These lands shall be managed to provide

10  for areas of natural resource based recreation, and to ensure

11  the survival of plant and animal species and the conservation

12  of finite and renewable natural resources. The state's lands

13  and natural resources shall be managed using a stewardship

14  ethic that assures these resources will be available for the

15  benefit and enjoyment of all people of the state, both present

16  and future. It is the intent of the Legislature that, where

17  feasible and consistent with the goals of protection and

18  conservation of natural resources associated with lands held

19  in the public trust by the Board of Trustees of the Internal

20  Improvement Trust Fund, public land not designated for

21  single-use purposes pursuant to paragraph (2)(b) be managed

22  for multiple-use purposes. All multiple-use land management

23  strategies shall address public access and enjoyment, resource

24  conservation and protection, ecosystem maintenance and

25  protection, and protection of threatened and endangered

26  species, and the degree to which public-private partnerships

27  or endowments may allow the agency with management

28  responsibility to enhance its ability to manage these lands.

29  The council created in s. 259.035 shall recommend rules to the

30  board of trustees, and the board of trustees shall adopt rules

31  necessary to carry out the purposes of this section.


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  1         (4)  No management agreement, lease, or other

  2  instrument authorizing the use of lands owned by the Board of

  3  Trustees of the Internal Improvement Trust Fund shall be

  4  executed for a period greater than is necessary to provide for

  5  the reasonable use of the land for the existing or planned

  6  life cycle or amortization of the improvements, except that an

  7  easement in perpetuity may be granted by the Board of Trustees

  8  of the Internal Improvement Trust Fund if the improvement is a

  9  transportation facility. An agency managing or leasing

10  state-owned lands from the board of Trustees of the Internal

11  Improvement Trust Fund may not sublease such lands without

12  prior review by the division and, for conservation lands, by

13  the Acquisition and Restoration Land Acquisition and

14  Management Advisory Council created in s. 259.035. All

15  management agreements, leases, or other instruments

16  authorizing the use of lands owned by the board shall be

17  reviewed for approval by the board or its designee or its

18  successor and approval by the board. The Land Acquisition and

19  Management Advisory council is not required to review

20  subleases of parcels which are less than 160 acres in size.

21         (5)  Each state agency managing conservation lands

22  owned by the Board of Trustees of the Internal Improvement

23  Trust Fund shall submit to the Division of State Lands a land

24  management plan at least every 5 years in a form and manner

25  prescribed by rule by the board. All management plans, whether

26  for single-use or multiple-use properties, shall specifically

27  describe how the managing agency plans to identify, locate,

28  protect and preserve, or otherwise use fragile nonrenewable

29  resources, such as archaeological and historic sites, as well

30  as other fragile resources, including endangered plant and

31  animal species, and provide for the conservation of soil and


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  1  water resources and for the control and prevention of soil

  2  erosion. Land management plans submitted by an agency shall

  3  include reference to appropriate statutory authority for such

  4  use or uses and shall conform to the appropriate policies and

  5  guidelines of the state land management plan. All land

  6  management plans for parcels larger than 1,000 acres shall

  7  contain an analysis of the multiple-use potential of the

  8  parcel, which analysis shall include the potential of the

  9  parcel to generate revenues to enhance the management of the

10  parcel. Additionally, the land management plan shall contain

11  an analysis of the potential use of private land managers to

12  facilitate the restoration or management of these lands.  In

13  those cases where a newly acquired property has a valid

14  conservation plan, the plan shall be used to guide management

15  of the property until a formal land management plan is

16  completed.

17         (a)  The Division of State Lands shall make available

18  to the public a copy of each land management plan for parcels

19  that which exceed 160 acres in size. The council or its

20  successor shall review each plan for compliance with the

21  requirements of this subsection, the requirements of chapter

22  259, and with the requirements of the rules established by the

23  board pursuant to this section subsection.  The council or its

24  successor shall also consider the propriety of the

25  recommendations of the managing agency with regard to the

26  future use of the property, the protection of fragile or

27  nonrenewable resources, the potential for alternative or

28  multiple uses not recognized by the managing agency, and the

29  possibility of disposal of the property by the board. After

30  its review, the council or its successor shall submit the

31  plan, along with its recommendations and comments, to the


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  1  board. The council or its successor shall specifically

  2  recommend to the board whether to approve the plan as

  3  submitted, approve the plan with modifications, or reject the

  4  plan.

  5         (b)  The Board of Trustees of the Internal Improvement

  6  Trust Fund shall consider the land management plan submitted

  7  by each state agency and the recommendations of the council or

  8  its successor and the Division of State Lands and shall

  9  approve the plan with or without modification or reject such

10  plan.  The use or possession of any such lands which is not in

11  accordance with an approved land management plan is subject to

12  termination by the board.

13         (6)  The Board of Trustees of the Internal Improvement

14  Trust Fund shall determine which lands, the title to which is

15  vested in the board, may be surplused. Notwithstanding s.

16  253.111, for conservation those lands designated as acquired

17  for conservation purposes, the board shall make a

18  determination that the lands are no longer needed for

19  conservation purposes and may dispose of them by a two-thirds

20  vote.  For all other lands, the board shall make a

21  determination that the lands are no longer needed and may

22  dispose of them by majority vote.

23         (a)  For the purposes of this subsection, all lands

24  acquired by the state prior to July 1, 1999, using proceeds

25  from the Preservation 2000 bonds, the Conservation and

26  Recreation Lands Trust Fund, the Water Management Lands Trust

27  Fund, Environmentally Endangered Lands Program, and the Save

28  Our Coast Program and titled to the board, which lands are

29  identified as core parcels or within original project

30  boundaries, shall be deemed to have been acquired for

31  conservation purposes.


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  1         (b)  For any lands purchased by the state on or after

  2  July 1, 1999, a determination shall be made by the board prior

  3  to acquisition as to those parcels that shall be designated as

  4  having been acquired for conservation purposes.  No lands

  5  acquired for use by the Department of Corrections, the

  6  Department of Management Services for use as state offices,

  7  the Department of Transportation, except those specifically

  8  managed for conservation or recreation purposes, or the State

  9  University System or State Community College System shall be

10  designated as having been purchased for conservation purposes.

11         (c)  At least every 3 years, as a component of each

12  land management plan or land use plan and in a form and manner

13  prescribed by rule by the board, each state agency shall

14  evaluate and indicate to the board those lands that which the

15  agency manages which are not being used for the purpose for

16  which they were originally leased. Such lands shall be

17  reviewed by the council or its successor for its

18  recommendation as to whether such lands should be disposed of

19  by the board.

20         (d)  Lands owned by the board which are not actively

21  managed by any state agency or for which a land management

22  plan has not been completed pursuant to subsection (5) shall

23  be reviewed by the council or its successor for its

24  recommendation as to whether such lands should be disposed of

25  by the board.

26         (e)  Prior to any decision by the board to surplus

27  lands, the Acquisition and Restoration Council shall review

28  and make recommendations to the board concerning the request

29  for surplusing. The council shall determine whether the

30  request for surplusing is compatible with the resource values

31  of and management objectives for such lands.


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  1         (f)  In reviewing lands owned by the board, the council

  2  or its successor shall consider whether such lands would be

  3  more appropriately owned or managed by the county or other

  4  unit of local government in which the land is located.  The

  5  council or its successor shall recommend to the board whether

  6  a sale, lease, or other conveyance to a local government would

  7  be in the best interests of the state and local government.

  8  The provisions of this paragraph in no way limit the

  9  provisions of ss. 253.111 and 253.115. Such lands shall be

10  offered to the county or local government for a period of 90

11  days. Permittable uses for such surplus lands may include

12  public schools; public libraries; fire or law enforcement

13  substations; and governmental, judicial, or recreational

14  centers.  County or local government requests for surplus

15  lands shall be expedited throughout the surplusing process.

16  State agencies shall have the subsequent opportunity to

17  acquire the surplus lands for a period not to exceed 30 days

18  after the offer to a county or local government expires.

19  Surplus properties in which governmental agencies have

20  expressed no interest shall then be available for sale on the

21  private market.

22         (g)  Lands determined to be surplus pursuant to this

23  subsection shall be sold for fair market value or the price

24  paid by the state or a water management district to originally

25  acquire the lands, whichever is greater, except that the price

26  of lands sold as surplus to any unit of government shall not

27  exceed the price paid by the state or a water management

28  district to originally acquire the lands. A unit of government

29  which acquires title to lands hereunder for less than fair

30  market value may not sell or transfer title to all or any

31  portion of the lands to any private owner for a period of 10


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  1  years. Any unit of government seeking to transfer or sell

  2  lands pursuant to this paragraph shall first allow the board

  3  of trustees to reacquire such lands.  The board of trustees

  4  may reacquire such lands for the price at which they sold such

  5  lands.

  6         (h)  When a state agency acquired land by gift,

  7  donation, grant, quit-claim deed, or other such conveyance and

  8  no monetary consideration was exchanged, the price of land

  9  sold as surplus shall not exceed the fair market value of the

10  lands. Fair market value is to be determined by the average of

11  two separate appraisals. The individual or entity requesting

12  the surplus is to select and use appraisers from the list of

13  approved appraisers maintained by the Division of State Lands

14  of the Department of Environmental Protection in accordance

15  with s. 253.025(6)(b). The individual or entity requesting the

16  surplus is to incur all costs of the appraisals.

17         (i)(h)  After reviewing the recommendations of the

18  council or its successor, the board shall determine whether

19  lands identified for surplus are to be held for other public

20  purposes or whether such lands are no longer needed.  The

21  board may require an agency to release its interest in such

22  lands.

23         (j)(i)  Requests for surplusing may be made by any

24  public or private entity or person.  All requests shall be

25  submitted to the lead managing agency for review and

26  recommendation to the council or its successor.  Lead managing

27  agencies shall have 90 days to review such requests and make

28  recommendations. Any surplusing requests that have not been

29  acted upon within the 90-day time period shall be immediately

30  scheduled for hearing at the next regularly scheduled meeting

31  of the council or its successor. Requests for surplusing


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    CS for CS for SB 1710                          First Engrossed



  1  pursuant to this paragraph shall not be required to be offered

  2  to local or state governments as provided in paragraph (f).

  3         (k)(j)  Proceeds from any sale of surplus lands

  4  pursuant to this subsection shall be deposited into the fund

  5  from which such lands were acquired. However, if the fund from

  6  which the lands were originally acquired no longer exists,

  7  such proceeds shall be deposited into an appropriate account

  8  to be used for land management by the lead managing agency

  9  assigned the lands prior to the lands' being declared surplus

10  for use by the lead managing agency for land management.

11         (l)(k)  Notwithstanding the provisions of this

12  subsection, no such disposition of land shall be made if such

13  disposition would have the effect of causing all or any

14  portion of the interest on any revenue bonds issued to lose

15  the exclusion from gross income for federal income tax

16  purposes.

17         (m)(l)  The sale of filled, formerly submerged land

18  that does not exceed 5 acres in area is not subject to review

19  by the council or its successor.

20         (8)  Land management plans required to be submitted by

21  the Department of Corrections, the Department of Juvenile

22  Justice, the Department of Children and Family Services, or

23  the Department of Education are shall not be subject to the

24  provisions for review by the council or its successor

25  described in subsection (5).  Management plans filed by these

26  agencies shall be made available to the public for a period of

27  90 days at the administrative offices of the parcel or project

28  affected by the management plan and at the Tallahassee offices

29  of each agency. Any plans not objected to during the public

30  comment period shall be deemed approved.  Any plans for which

31  an objection is filed shall be submitted to the Board of


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    CS for CS for SB 1710                          First Engrossed



  1  Trustees of the Internal Improvement Trust Fund for

  2  consideration. The Board of Trustees of the Internal

  3  Improvement Trust Fund shall approve the plan with or without

  4  modification, or reject the plan.  The use or possession of

  5  any such lands which is not in accordance with an approved

  6  land management plan is subject to termination by the board.

  7         (10)  The following additional uses of conservation

  8  lands acquired pursuant to the Florida Forever program and

  9  other state-funded conservation land purchase programs shall

10  be authorized, upon a finding by the board of trustees, if

11  they meet the criteria specified in paragraphs (a)-(e): water

12  resource development projects, water supply development

13  projects, stormwater management projects, linear facilities,

14  and sustainable agriculture and forestry.  Such additional

15  uses are authorized where:

16         (a)  Not inconsistent with the management plan for such

17  lands;

18         (b)  Compatible with the natural ecosystem and resource

19  values of such lands;

20         (c)  The proposed use is appropriately located on such

21  lands and where due consideration is given to the use of other

22  available lands;

23         (d)  The using entity reasonably compensates the

24  titleholder for such use based upon an appropriate measure of

25  value; and

26         (e)  The use is consistent with the public interest.

27

28  A decision by the board of trustees pursuant to this section

29  subsection shall be given a presumption of correctness. Moneys

30  received from the use of state lands pursuant to this section

31


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  1  subsection shall be returned to the lead managing agency in

  2  accordance with the provisions of s. 259.032(11)(d).

  3         Section 6.  Subsection (3) of section 259.03, Florida

  4  Statutes, is amended to read:

  5         259.03  Definitions.--The following terms and phrases

  6  when used in this chapter shall have the meanings ascribed to

  7  them in this section, except where the context clearly

  8  indicates a different meaning:

  9         (3)  "Capital improvement" or "capital project

10  expenditure" means those activities relating to the

11  acquisition, restoration, public access, and recreational uses

12  of such lands, water areas, and related resources deemed

13  necessary to accomplish the purposes of this chapter. Eligible

14  activities include, but are not limited to: the initial

15  removal of invasive plants; the construction, improvement,

16  enlargement or extension of facilities' signs, firelanes,

17  access roads, and trails; or any other activities that serve

18  to restore, conserve, protect, or provide public access,

19  recreational opportunities, or necessary services for land or

20  water areas. Such activities shall be identified prior to the

21  acquisition of a parcel or the approval of a project. The

22  continued expenditures necessary for a capital improvement

23  approved under this subsection shall not be eligible for

24  funding provided in this chapter.

25         Section 7.  Subsection (10) and paragraph (b) of

26  subsection (12) of section 259.032, Florida Statutes, are

27  amended to read:

28         259.032  Conservation and Recreation Lands Trust Fund;

29  purpose.--

30         (10)(a)  State, regional, or local governmental

31  agencies or private entities designated to manage lands under


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    CS for CS for SB 1710                          First Engrossed



  1  this section shall develop and adopt, with the approval of the

  2  board of trustees, an individual management plan for each

  3  project designed to conserve and protect such lands and their

  4  associated natural resources. Private sector involvement in

  5  management plan development may be used to expedite the

  6  planning process.

  7         (b)  Individual management plans required by s.

  8  253.034(5), for parcels over 160 acres, shall be developed

  9  with input from an advisory group. Members of this advisory

10  group shall include, at a minimum, representatives of the lead

11  land managing agency, comanaging entities, local private

12  property owners, the appropriate soil and water conservation

13  district, a local conservation organization, and a local

14  elected official.  The advisory group shall conduct at least

15  one public hearing within the county in which the parcel or

16  project is located. For those parcels or projects that are

17  within more than one county, at least one areawide public

18  hearing shall be acceptable and the lead managing agency shall

19  invite a local elected official from each county. The areawide

20  public hearing shall be held in the county in which the core

21  parcels are located. Notice of such public hearing shall be

22  posted on the parcel or project designated for management,

23  advertised in a paper of general circulation, and announced at

24  a scheduled meeting of the local governing body before the

25  actual public hearing.  The management prospectus required

26  pursuant to paragraph (9)(d) shall be available to the public

27  for a period of 30 days prior to the public hearing.

28         (c)  Once a plan is adopted, the managing agency or

29  entity shall update the plan at least every 5 years in a form

30  and manner prescribed by rule of the board of trustees. Such

31  updates, for parcels over 160 acres, shall be developed with


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    CS for CS for SB 1710                          First Engrossed



  1  input from an advisory group. Such plans may include transfers

  2  of leasehold interests to appropriate conservation

  3  organizations or governmental entities designated by the Land

  4  Acquisition and Management Advisory Council or its successor,

  5  for uses consistent with the purposes of the organizations and

  6  the protection, preservation, conservation, restoration, and

  7  proper management of the lands and their resources. Volunteer

  8  management assistance is encouraged, including, but not

  9  limited to, assistance by youths participating in programs

10  sponsored by state or local agencies, by volunteers sponsored

11  by environmental or civic organizations, and by individuals

12  participating in programs for committed delinquents and

13  adults.

14         (d)  For each project for which lands are acquired

15  after July 1, 1995, an individual management plan shall be

16  adopted and in place no later than 1 year after the essential

17  parcel or parcels identified in the annual Conservation and

18  Recreation Lands report prepared pursuant to s. 259.035(2)(a)

19  have been acquired. Beginning in fiscal year 1998-1999, the

20  Department of Environmental Protection shall distribute only

21  75 percent of the acquisition funds to which a budget entity

22  or water management district would otherwise be entitled from

23  the Preservation 2000 Trust Fund to any budget entity or any

24  water management district that has more than one-third of its

25  management plans overdue.

26         (e)  Individual management plans shall conform to the

27  appropriate policies and guidelines of the state land

28  management plan and shall include, but not be limited to:

29         1.  A statement of the purpose for which the lands were

30  acquired, the projected use or uses as defined in s. 253.034,

31  and the statutory authority for such use or uses.


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    CS for CS for SB 1710                          First Engrossed



  1         2.  Key management activities necessary to preserve and

  2  protect natural resources and restore habitat, and for

  3  controlling the spread of nonnative plants and animals, and

  4  for prescribed fire and other appropriate resource management

  5  activities.

  6         3.  A specific description of how the managing agency

  7  plans to identify, locate, protect, and preserve, or otherwise

  8  use fragile, nonrenewable natural and cultural resources.

  9         4.  A priority schedule for conducting management

10  activities, based on the purposes for which the lands were

11  acquired.

12         5.  A cost estimate for conducting priority management

13  activities, to include recommendations for cost-effective

14  methods of accomplishing those activities.

15         6.  A cost estimate for conducting other management

16  activities which would enhance the natural resource value or

17  public recreation value for which the lands were acquired. The

18  cost estimate shall include recommendations for cost-effective

19  methods of accomplishing those activities.

20         7.  A determination of the public uses and public

21  access that would be consistent with the purposes for which

22  the lands were acquired.

23         (f)  The Division of State Lands shall submit a copy of

24  each individual management plan for parcels which exceed 160

25  acres in size to each member of the Land Acquisition and

26  Management Advisory Council or its successor, which shall:

27         1.  Within 60 days after receiving a plan from the

28  division, review each plan for compliance with the

29  requirements of this subsection and with the requirements of

30  the rules established by the board pursuant to this

31  subsection.


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    CS for CS for SB 1710                          First Engrossed



  1         2.  Consider the propriety of the recommendations of

  2  the managing agency with regard to the future use or

  3  protection of the property.

  4         3.  After its review, submit the plan, along with its

  5  recommendations and comments, to the board of trustees, with

  6  recommendations as to whether to approve the plan as

  7  submitted, approve the plan with modifications, or reject the

  8  plan.

  9         (g)  The board of trustees shall consider the

10  individual management plan submitted by each state agency and

11  the recommendations of the Land Acquisition and Management

12  Advisory Council, or its successor, and the Division of State

13  Lands and shall approve the plan with or without modification

14  or reject such plan. The use or possession of any lands owned

15  by the board of trustees which is not in accordance with an

16  approved individual management plan is subject to termination

17  by the board of trustees.

18

19  By July 1 of each year, each governmental agency, including

20  the water management districts, and each private entity

21  designated to manage lands shall report to the Secretary of

22  Environmental Protection on the progress of funding, staffing,

23  and resource management of every project for which the agency

24  or entity is responsible.

25         (12)

26         (b)  Payment in lieu of taxes shall be available:

27         1.  To all counties that have a population of 150,000

28  or fewer less and in which the amount of the tax loss from all

29  completed Preservation 2000 and Florida Forever acquisitions

30  in the county exceeds 0.01 percent of the county's total

31


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    CS for CS for SB 1710                          First Engrossed



  1  taxable value. Population levels shall be determined pursuant

  2  to s. 11.031.

  3         2.  To all local governments located in eligible

  4  counties.

  5         3.  To Glades County, where a privately owned and

  6  operated prison leased to the state has recently been opened

  7  and where privately owned and operated juvenile justice

  8  facilities leased to the state have recently been constructed

  9  and opened, a payment in lieu of taxes, in an amount that

10  offsets the loss of property tax revenue, which funds have

11  already been appropriated and allocated from the Department of

12  Correction's budget for the purpose of reimbursing amounts

13  equal to lost ad valorem taxes.

14

15  Counties and local governments that did not receive payments

16  in lieu of taxes for lands purchased pursuant to s. 259.101

17  during fiscal year 1999-2000, if such counties and local

18  governments would have received payments pursuant to this

19  subsection as that section existed on June 30, 1999, shall

20  receive retroactive payments for such tax losses.

21         Section 8.  Paragraphs (b) and (e) of subsection (1)

22  and subsections (7) and (8) of section 259.0345, Florida

23  Statutes, are amended to read:

24         259.0345  Florida Forever Advisory Council.--

25         (1)

26         (b)  The members appointed by the Governor shall serve

27  3-year 4-year terms, except that, initially, to provide for

28  staggered terms, three of the appointees shall serve 2-year

29  terms.  No appointee shall serve more than 6 years.  The

30  Governor may at any time fill a vacancy for the unexpired term

31  of a member appointed under paragraph (a).


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    CS for CS for SB 1710                          First Engrossed



  1         (e)  Appointments shall be made by August 15, 1999, and

  2  the council's first meeting shall be held by September 15,

  3  1999.  Beginning, January 1, 2000, The council shall, at a

  4  minimum, meet twice a year.

  5         (7)  The council shall provide a report by December 15,

  6  2000, to the Secretary of Environmental Protection, who shall

  7  forward the report to the board of trustees for its approval.

  8  After approval by the board of trustees, the secretary shall

  9  forward the approved report to the President of the Senate and

10  the Speaker of the House of Representatives, before the

11  beginning of the 2001 Regular Session, for review by the

12  appropriate legislative substantive committee. The Legislature

13  may reject, modify, or take no action relative to the goals

14  and performance measures established by the report. If no

15  action is taken, the goals and performance measures shall be

16  implemented. The report must meet the following requirements:

17         (a)  Establish specific goals for those identified in

18  s. 259.105(4).

19         (b)  Provide recommendations expanding or refining the

20  goals identified in s. 259.105(4).

21         (c)  Identify specific performance measures that may be

22  used to analyze progress towards the goals established. It is

23  recognized that, during the development of this report, the

24  council may identify other recommendations concerning the

25  implementation of Florida Forever. These recommendations must

26  be incorporated in the reports identified in subsection (8).

27  The council shall provide a report, by November 1, 2000, to

28  the Secretary of Environmental Protection, who shall forward

29  the report to the board of trustees for their approval.  After

30  approval by the board of trustees, the secretary shall forward

31  the approved report to the President of the Senate and the


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    CS for CS for SB 1710                          First Engrossed



  1  Speaker of the House of Representatives, at least 30 days

  2  prior to the 2001 Regular Legislative Session, for review by

  3  the appropriate legislative committees with jurisdiction over

  4  the department.  The Legislature may reject, modify, or take

  5  no action relative to the goals and performance measures

  6  established by the report.  If no action is taken, the goals

  7  and performance measures shall be implemented.  The report

  8  shall meet the following requirements:

  9         (a)  Establish specific goals for those identified in

10  s. 259.105(4).

11         (b)  Provide recommendations expanding or refining the

12  goals identified in s. 259.105(4).

13         (c)  Provide recommendations for the development and

14  identification of performance measures to be used for

15  analyzing the progress made towards the goals established

16  pursuant to s. 259.105(4).

17         (d)  Provide recommendations for the process by which

18  projects are to be submitted, reviewed, and approved by the

19  Acquisition and Restoration Council. The advisory council is

20  to specifically examine ways to streamline the process created

21  by the Florida Forever Act.

22         (8)  The council shall provide a report, at least 30

23  days prior to the regular legislative sessions in the

24  following years:  2002, 2004, 2006 and 2008.  The report shall

25  be provided to the Secretary of Environmental Protection, who

26  shall forward the report to the board of trustees for their

27  approval.  After approval by the board of trustees, the

28  secretary shall forward the approved report to the President

29  of the Senate and the Speaker of the House of Representatives.

30  The report shall provide: recommendations for adjusting or

31  expanding the goals detailed in s. 259.105(4); recommendations


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    CS for CS for SB 1710                          First Engrossed



  1  for adjusting the percentage distributions detailed in s.

  2  259.105(3); and recommendations concerning other aspects of

  3  the Florida Forever Act. In making recommendations for

  4  adjusting the percentage distributions detailed in s.

  5  259.105(3), the council shall consider which agencies have

  6  encumbered their funds in a timely manner and unencumbered

  7  balances, if any, in each agency's Florida Forever subaccount.

  8  The recommendations may include increases in percentage

  9  distributions to those agencies that have encumbered Florida

10  Forever funds in a timely manner.

11         Section 9.  Section 259.035, Florida Statutes, as

12  amended by section 16 of chapter 99-247, Laws of Florida, is

13  amended to read:

14         259.035  Acquisition and Restoration Council.--

15         (1)  There is created, effective March 1, 2000, the

16  Acquisition and Restoration Council.

17         (a)  The council shall be composed of nine voting

18  members, four of whom shall be appointed by the Governor.

19  These four appointees shall be from scientific disciplines

20  related to land, water, or environmental sciences. They shall

21  serve 4-year terms, except that, initially, to provide for

22  staggered terms, two of the appointees shall serve 2-year

23  terms.  All subsequent appointments shall be for 4-year terms.

24  No appointee shall serve more than 6 years.  The Governor may

25  at any time fill a vacancy for the unexpired term of a member

26  appointed under this paragraph.

27         (b)  The five remaining appointees shall be composed of

28  the Secretary of Environmental Protection the department, the

29  director of the Division of Forestry of the Department of

30  Agriculture and Consumer Services, the executive director of

31  the Fish and Wildlife Conservation Commission, the director of


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    CS for CS for SB 1710                          First Engrossed



  1  the Division of Historical Resources of the Department of

  2  State, and the secretary of the Department of Community

  3  Affairs, or their respective designees.

  4         (c)  The Governor shall appoint the chair of the

  5  council, and a vice chair shall be elected from among the

  6  members.

  7         (d)  The council shall hold periodic meetings at the

  8  request of the chair.

  9         (e)  The Department of Environmental Protection shall

10  provide primary staff support to the council and shall ensure

11  that council meetings are electronically recorded.  Such

12  recording shall be preserved pursuant to chapters 119 and 257.

13         (f)  The board of trustees department has authority to

14  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

15  the provisions of this section.

16         (2)  The four members of the council appointed by the

17  Governor shall receive $75 per day while engaged in the

18  business of the council, as well as expenses and per diem for

19  travel, including attendance at meetings, as allowed state

20  officers and employees while in the performance of their

21  duties, pursuant to s. 112.061.

22         (3)  The council shall provide assistance to the board

23  of trustees in reviewing the recommendations and plans for

24  state-owned lands required under ss. s. 253.034 and 259.032.

25  The council shall, in reviewing such recommendations and

26  plans, consider the optimization of multiple-use and

27  conservation strategies to accomplish the provisions funded

28  pursuant to ss. s. 259.101(3)(a) and 259.105(3)(b). Such funds

29  shall only be used to acquire lands identified in the annual

30  Conservation and Recreation Lands list approved by the board

31  of trustees in the year 2000.


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    CS for CS for SB 1710                          First Engrossed



  1         (4)  The council may use existing rules adopted by the

  2  board of trustees, until it develops and recommends amendments

  3  to those rules, to competitively evaluate, select, and rank

  4  projects eligible for the Conservation and Recreation Lands

  5  list pursuant to ss. 259.032(3) and 259.101(4) and, beginning

  6  no later than May 1, 2001, for Florida Forever funds pursuant

  7  to s. 259.105(3)(b). In developing or amending the rules, the

  8  council shall give weight to the criteria included in s.

  9  259.105(9). The board of trustees shall review the

10  recommendations and shall adopt rules necessary to administer

11  this section.

12         (5)  An affirmative vote of five members of the council

13  is required in order to change a project boundary or to place

14  a proposed project on a list developed pursuant to subsection

15  (4). Any member of the council who by family or a business

16  relationship has a connection with all or a portion of any

17  proposed project shall declare the interest before voting on

18  its inclusion on a list.

19         (6)  The proposal for a project pursuant to this

20  section or s. 259.105(3)(b) may be implemented only if adopted

21  by the council and approved by the board of trustees. The

22  council shall consider and evaluate in writing the merits and

23  demerits of each project that is proposed for Conservation and

24  Recreation Lands, Florida Preservation 2000, or Florida

25  Forever funding and shall ensure that each proposed project

26  will meet a stated public purpose for the restoration,

27  conservation, or preservation of environmentally sensitive

28  lands and water areas or for providing outdoor recreational

29  opportunities. The council also shall determine whether the

30  project conforms, where applicable with the comprehensive plan

31  developed pursuant to s. 259.04(1)(a), the comprehensive


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    CS for CS for SB 1710                          First Engrossed



  1  multipurpose outdoor recreation plan developed pursuant to s.

  2  375.021, the state lands management plan adopted pursuant to

  3  s. 253.03(7), the water resources work plans developed

  4  pursuant to s. 373.199, and the provisions of s. 259.032, s.

  5  259.101, or s. 259.105, whichever is applicable.

  6         Section 10.  Subsections (3) and (9) of section

  7  259.101, Florida Statutes, are amended to read:

  8         259.101  Florida Preservation 2000 Act.--

  9         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

10  costs of issuance, the costs of funding reserve accounts, and

11  other costs with respect to the bonds, the proceeds of bonds

12  issued pursuant to this act shall be deposited into the

13  Florida Preservation 2000 Trust Fund created by s. 375.045.

14  Ten percent of the proceeds of any bonds deposited into the

15  Preservation 2000 Trust Fund shall be distributed by the

16  Department of Environmental Protection to the Department of

17  Environmental Protection for the purchase by the South Florida

18  Water Management District of lands in Dade, Broward, and Palm

19  Beach Counties identified in s. 7, chapter 95-349, Laws of

20  Florida. This distribution shall apply for any bond issue for

21  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

22  $20 million per year from the proceeds of any bonds deposited

23  into the Florida Preservation 2000 Trust Fund shall be

24  distributed by the Department of Environmental Protection to

25  the St. Johns Water Management District for the purchase of

26  lands necessary to restore Lake Apopka. The remaining proceeds

27  shall be distributed by the Department of Environmental

28  Protection in the following manner:

29         (a)  Fifty percent to the Department of Environmental

30  Protection for the purchase of public lands as described in s.

31


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    CS for CS for SB 1710                          First Engrossed



  1  259.032.  Of this 50 percent, at least one-fifth shall be used

  2  for the acquisition of coastal lands.

  3         (b)  Thirty percent to the Department of Environmental

  4  Protection for the purchase of water management lands pursuant

  5  to s. 373.59, to be distributed among the water management

  6  districts as provided in that section. Funds received by each

  7  district may also be used for acquisition of lands necessary

  8  to implement surface water improvement and management plans

  9  approved in accordance with s. 373.456 or for acquisition of

10  lands necessary to implement the Everglades Construction

11  Project authorized by s. 373.4592.

12         (c)  Ten percent to the Department of Community Affairs

13  to provide land acquisition grants and loans to local

14  governments through the Florida Communities Trust pursuant to

15  part III of chapter 380.  From funds allocated to the trust,

16  $3 million annually shall be used by the Division of State

17  Lands within the Department of Environmental Protection to

18  implement the Green Swamp Land Protection Initiative Authority

19  specifically for the purchase of conservation easements

20  through land protection agreements, as defined in s.

21  380.0677(4) s. 380.0677(5), of lands, or severable interests

22  or rights in lands, in the Green Swamp Area of Critical State

23  Concern.  From funds allocated to the trust, $3 million

24  annually shall be used by the Monroe County Comprehensive Plan

25  Land Authority specifically for the purchase of any real

26  property interest in either those lands subject to the Rate of

27  Growth Ordinances adopted by local governments in Monroe

28  County or those lands within the boundary of an approved

29  Conservation and Recreation Lands project located within the

30  Florida Keys or Key West Areas of Critical State Concern;

31  however, title to lands acquired within the boundary of an


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    CS for CS for SB 1710                          First Engrossed



  1  approved Conservation and Recreation Lands project may, in

  2  accordance with an approved joint acquisition agreement, vest

  3  in the Board of Trustees of the Internal Improvement Trust

  4  Fund. Of the remaining funds allocated to the trust after the

  5  above transfers occur, one-half shall be matched by local

  6  governments on a dollar-for-dollar basis. To the extent

  7  allowed by federal requirements for the use of bond proceeds,

  8  the trust shall expend Preservation 2000 funds to carry out

  9  the purposes of part III of chapter 380.

10         (d)  Two and nine-tenths percent to the Department of

11  Environmental Protection for the purchase of inholdings and

12  additions to state parks. For the purposes of this paragraph,

13  "state park" means all real property in the state under the

14  jurisdiction of the Division of Recreation and Parks of the

15  department, or which may come under its jurisdiction.

16         (e)  Two and nine-tenths percent to the Division of

17  Forestry of the Department of Agriculture and Consumer

18  Services to fund the acquisition of state forest inholdings

19  and additions pursuant to s. 589.07.

20         (f)  Two and nine-tenths percent to the Fish and

21  Wildlife Conservation Game and Fresh Water Fish Commission to

22  fund the acquisition of inholdings and additions to lands

23  managed by the commission which are important to the

24  conservation of fish and wildlife.

25         (g)  One and three-tenths percent to the Department of

26  Environmental Protection for the Florida Greenways and Trails

27  Program, to acquire greenways and trails or greenways and

28  trails systems pursuant to chapter 260, including, but not

29  limited to, abandoned railroad rights-of-way and the Florida

30  National Scenic Trail.

31


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    CS for CS for SB 1710                          First Engrossed



  1  Local governments may use federal grants or loans, private

  2  donations, or environmental mitigation funds, including

  3  environmental mitigation funds required pursuant to s.

  4  338.250, for any part or all of any local match required for

  5  the purposes described in this subsection.  Bond proceeds

  6  allocated pursuant to paragraph (c) may be used to purchase

  7  lands on the priority lists developed pursuant to s. 259.035.

  8  Title to lands purchased pursuant to paragraphs (a), (d), (e),

  9  (f), and (g) shall be vested in the Board of Trustees of the

10  Internal Improvement Trust Fund, except that title to lands,

11  or rights or interests therein, acquired by either the

12  Southwest Florida Water Management District or the St. Johns

13  River Water Management District in furtherance of the Green

14  Swamp Land Authority's mission pursuant to s. 380.0677(3),

15  shall be vested in the district where the acquisition project

16  is located. Title to lands purchased pursuant to paragraph (c)

17  may be vested in the Board of Trustees of the Internal

18  Improvement Trust Fund. The board of trustees shall hold title

19  to land protection agreements and conservation easements that

20  were or will be acquired pursuant to s. 380.0677, and, except

21  that title to lands, or rights or interests therein, acquired

22  by either the Southwest Florida Water Management District and

23  or the St. Johns River Water Management District shall monitor

24  such agreements and easements within their respective

25  districts until the state assumes this responsibility. in

26  furtherance of the Green Swamp Land Authority's mission

27  pursuant to s. 380.0677(3), shall be vested in the district

28  where the acquisition project is located.  This subsection is

29  repealed effective October 1, 2000. Prior to repeal, the

30  Legislature shall review the provisions scheduled for repeal

31


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    CS for CS for SB 1710                          First Engrossed



  1  and shall determine whether to reenact or modify the

  2  provisions or to take no action.

  3         (9)(a)  The Legislature finds that, with the increasing

  4  pressures on the natural areas of this state, the state must

  5  develop creative techniques to maximize the use of acquisition

  6  and management moneys.  The Legislature also finds that the

  7  state's environmental land-buying agencies should be

  8  encouraged to augment their traditional, fee simple

  9  acquisition programs with the use of alternatives to fee

10  simple acquisition techniques.  The Legislature also finds

11  that using alternatives to fee simple acquisition by public

12  land-buying agencies will achieve the following public policy

13  goals:

14         1.  Allow more lands to be brought under public

15  protection for preservation, conservation, and recreational

16  purposes at less expense using public funds.

17         2.  Retain, on local government tax rolls, some portion

18  of or interest in lands which are under public protection.

19         3.  Reduce long-term management costs by allowing

20  private property owners to continue acting as stewards of the

21  land, where appropriate.

22

23  Therefore, it is the intent of the Legislature that public

24  land-buying agencies develop programs to pursue alternatives

25  to fee simple acquisition and to educate private landowners

26  about such alternatives and the benefits of such alternatives.

27  It also is the intent of the Legislature that the department

28  and the water management districts spend a portion of their

29  shares of Preservation 2000 bond proceeds to purchase eligible

30  properties using alternatives to fee simple acquisition.

31  Finally, it is the intent of the Legislature that public


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  1  agencies acquire lands in fee simple for public access and

  2  recreational activities.  Lands protected using alternatives

  3  to fee simple acquisition techniques shall not be accessible

  4  to the public unless such access is negotiated with and agreed

  5  to by the private landowners who retain interests in such

  6  lands.

  7         (b)  The Land Acquisition Advisory Council and the

  8  water management districts shall identify, within their 1997

  9  acquisition plans, those projects which require a full fee

10  simple interest to achieve the public policy goals, along with

11  the reasons why full title is determined to be necessary.  The

12  council and the water management districts may use

13  alternatives to fee simple acquisition to bring the remaining

14  projects in their acquisition plans under public protection.

15  For the purposes of this subsection, the term "alternatives to

16  fee simple acquisition" includes, but is not limited to:

17  purchase of development rights; conservation easements;

18  flowage easements; purchase of timber rights, mineral rights,

19  or hunting rights; purchase of agricultural interests or

20  silvicultural interests; land protection agreements; fee

21  simple acquisitions with reservations; or any other

22  acquisition technique which achieves the public policy goals

23  listed in paragraph (a).  It is presumed that a private

24  landowner retains the full range of uses for all the rights or

25  interests in the landowner's land which are not specifically

26  acquired by the public agency.  Life estates and fee simple

27  acquisitions with leaseback provisions shall not qualify as an

28  alternative to fee simple acquisition under this subsection,

29  although the department and the districts are encouraged to

30  use such techniques where appropriate.

31


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  1         (c)  Beginning in fiscal year 1996-1997, the department

  2  and each water management district shall implement initiatives

  3  to use alternatives to fee simple acquisition and to educate

  4  private landowners about such alternatives. These initiatives

  5  shall include at least two acquisitions a year by the

  6  department and each water management district utilizing

  7  alternatives to fee simple.

  8         (d)  The Legislature finds that the lack of direct

  9  sales comparison information has served as an impediment to

10  successful implementation of alternatives to fee simple

11  acquisition.  It is the intent of the Legislature that, in the

12  absence of direct comparable sales information, appraisals of

13  alternatives to fee simple acquisitions be based on the

14  difference between the full fee simple valuation and the value

15  of the interests remaining with the seller after acquisition.

16         (e)  The public agency which has been assigned

17  management responsibility shall inspect and monitor any

18  less-than-fee-simple interest according to the terms of the

19  purchase agreement relating to such interest.

20         (f)1.  Pursuant to subsection (3) and beginning in

21  fiscal year 1999-2000, that portion of the unencumbered

22  balances of each program described in paragraphs (3)(c), (d),

23  (e), (f), and (g) which has been on deposit in such program's

24  Preservation 2000 account for more than 3 fiscal years shall

25  be redistributed equally to the Department of Environmental

26  Protection, Division of State Lands P2000 sub account for the

27  purchase of State Lands as described in s. 259.032 and Water

28  Management District P2000 sub account for the purchase of

29  Water Management Lands pursuant to ss. 373.456, 373.4592 and

30  373.59. For the purposes of this subsection, the term

31  "unencumbered balances" means the portion of Preservation 2000


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    CS for CS for SB 1710                          First Engrossed



  1  bond proceeds which is not obligated through the signing of a

  2  purchase contract between a public agency and a private

  3  landowner, except that the program described in paragraph

  4  (3)(c) may not lose any portion of its unencumbered funds

  5  which remain unobligated because of extraordinary

  6  circumstances that hampered the affected local governments'

  7  abilities to close on land acquisition projects approved

  8  through the Florida Communities Trust program. Extraordinary

  9  circumstances shall be determined by the Florida Communities

10  Trust governing body and may include such things as death or

11  bankruptcy of the owner of property; a change in the land use

12  designation of the property; natural disasters that affected a

13  local government's ability to consummate the sales contract on

14  such property; or any other condition that the Florida

15  Communities Trust governing board determined to be

16  extraordinary. The portion of the funds redistributed in the

17  Water Management District P2000 sub account shall be

18  distributed to the water management districts as provided in

19  s. 373.59(8).

20         2.  The department and the water management districts

21  may enter into joint acquisition agreements to jointly fund

22  the purchase of lands using alternatives to fee simple

23  techniques.

24         (g)  If the department or any water management district

25  is unable to spend the funds it receives pursuant to paragraph

26  (f) within the same fiscal year, the unspent funds shall be

27  carried forward to the subsequent fiscal year.

28         (h)  This subsection is repealed July 1 of the year

29  following the final authorization of Preservation 2000 bonds.

30         Section 11.  Subsections (3), (9), (14), (16), and (18)

31  and paragraph (a) of subsection (7) of section 259.105,


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    CS for CS for SB 1710                          First Engrossed



  1  Florida Statutes, are amended, paragraphs (p), (q), (r), and

  2  (s) are added to subsection (4) of that section, and

  3  subsection (20) is added to that section to read:

  4         259.105  The Florida Forever Act.--

  5         (3)  Less the costs of issuing and the costs of funding

  6  reserve accounts and other costs associated with bonds, the

  7  proceeds of bonds issued pursuant to this section shall be

  8  deposited into the Florida Forever Trust Fund created by s.

  9  259.1051. The proceeds shall be distributed by the Department

10  of Environmental Protection in the following manner:

11         (a)  Thirty-five percent to the Department of

12  Environmental Protection for the acquisition of lands and

13  capital project expenditures necessary to implement the water

14  management districts' priority lists developed pursuant to s.

15  373.199.  The funds are to be distributed to the water

16  management districts as provided in subsection (11).  A

17  minimum of 50 percent of the total funds provided over the

18  life of the Florida Forever program pursuant to this paragraph

19  shall be used for the acquisition of lands.

20         (b)  Thirty-five percent to the Department of

21  Environmental Protection for the acquisition of lands and

22  capital project expenditures described in this section. Of the

23  proceeds distributed pursuant to this paragraph, it is the

24  intent of the Legislature that an increased priority be given

25  to those acquisitions which achieve a combination of

26  conservation goals, including protecting Florida's water

27  resources and natural groundwater recharge. Capital project

28  expenditures may not exceed 10 percent of the funds allocated

29  pursuant to this paragraph.

30         (c)  Twenty-four percent to the Department of Community

31  Affairs for use by the Florida Communities Trust for land


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  1  acquisition the purposes of part III of chapter 380, and

  2  grants to local governments or nonprofit environmental

  3  organizations that are tax exempt under s. 501(c)(3) of the

  4  United States Internal Revenue Code for the acquisition of

  5  community-based projects, urban open spaces, parks, and

  6  greenways to implement local government comprehensive plans.

  7  From funds available to the trust, 92 percent shall be used by

  8  the trust, and 8 percent shall be transferred annually to the

  9  Land Acquisition Trust Fund for grants pursuant to s. 375.075.

10  From funds available to the trust and used for land

11  acquisition, 75 percent shall be matched by local governments

12  on a dollar-for-dollar basis.  The Legislature intends that

13  the Florida Communities Trust emphasize funding projects in

14  low-income or otherwise disadvantaged communities.  At least

15  thirty percent of the total allocation provided to the trust

16  shall be used in Standard Metropolitan Statistical Areas, but

17  one-half of that amount shall be used in localities in which

18  the project site is located in built-up commercial,

19  industrial, or mixed-use areas and functions to intersperse

20  open spaces within congested urban core areas.  From funds

21  allocated to the trust, no less than 5 percent shall be used

22  to acquire lands for recreational trail systems, provided that

23  in the event these funds are not needed for such projects,

24  they will be available for other trust projects.  Local

25  governments may use federal grants or loans, private

26  donations, or environmental mitigation funds, including

27  environmental mitigation funds required pursuant to s.

28  338.250, for any part or all of any local match required for

29  acquisitions funded through the Florida Communities Trust.

30  Any lands purchased by nonprofit organizations using funds

31  allocated under this paragraph must provide for such lands to


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    CS for CS for SB 1710                          First Engrossed



  1  remain permanently in public use through a reversion of title

  2  to local or state government, conservation easement, or other

  3  appropriate mechanism.  Projects funded with funds allocated

  4  to the Trust shall be selected in a competitive process

  5  measured against criteria adopted in rule by the Trust.

  6         (d)  One and five-tenths percent to the Department of

  7  Environmental Protection for the purchase of inholdings and

  8  additions to state parks and for capital project expenditures

  9  as described in this section. Capital project expenditures may

10  not exceed 10 percent of the funds allocated under this

11  paragraph. For the purposes of this paragraph, "state park"

12  means any real property in the state which is under the

13  jurisdiction of the Division of Recreation and Parks of the

14  department, or which may come under its jurisdiction.

15         (e)  One and five-tenths percent to the Division of

16  Forestry of the Department of Agriculture and Consumer

17  Services to fund the acquisition of state forest inholdings

18  and additions pursuant to s. 589.07, and the implementation of

19  reforestation plans or sustainable forestry management

20  practices, and for capital project expenditures as described

21  in this section. Capital project expenditures may not exceed

22  10 percent of the funds allocated under this paragraph.

23         (f)  One and five-tenths percent to the Fish and

24  Wildlife Conservation Commission to fund the acquisition of

25  inholdings and additions to lands managed by the commission

26  which are important to the conservation of fish and wildlife

27  and for capital project expenditures as described in this

28  section. Capital project expenditures may not exceed 10

29  percent of the funds allocated under this paragraph.

30         (g)  One and five-tenths percent to the Department of

31  Environmental Protection for the Florida Greenways and Trails


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    CS for CS for SB 1710                          First Engrossed



  1  Program, to acquire greenways and trails or greenways and

  2  trail systems pursuant to chapter 260, including, but not

  3  limited to, abandoned railroad rights-of-way and the Florida

  4  National Scenic Trail and for capital project expenditures as

  5  described in this section. Capital project expenditures may

  6  not exceed 10 percent of the funds allocated under this

  7  paragraph.

  8         (h)  It is the intent of the Legislature that proceeds

  9  of Florida Forever bonds distributed under this section shall

10  be expended in an efficient and fiscally responsible manner.

11  An agency that receives proceeds from Florida Forever bonds

12  under this section may not maintain a balance of unencumbered

13  funds in its Florida Forever subaccount beyond 3 fiscal years

14  from the date of deposit of funds from each bond issue. Any

15  funds that have not been expended or encumbered after 3 fiscal

16  years from the date of deposit shall be distributed by the

17  Legislature at its next regular session for use in the Florida

18  Forever program.

19         (i)(h)  For the purposes of paragraphs (d), (e), (f),

20  and (g), the agencies which receive the funds shall develop

21  their individual acquisition or restoration lists. Proposed

22  additions may be acquired if they are identified within the

23  original project boundary, the management plan required

24  pursuant to s. 253.034(5), or the management prospectus

25  required pursuant to s. 259.032(9)(d). Proposed additions not

26  meeting the requirements of this paragraph shall be submitted

27  to the Acquisition and Restoration Council for approval.  The

28  council may only approve the proposed addition if it meets two

29  or more of the following criteria: serves as a link or

30  corridor to other publicly owned property; enhances the

31  protection or management of the property; would add a


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    CS for CS for SB 1710                          First Engrossed



  1  desirable resource to the property; would create a more

  2  manageable boundary configuration; has a high resource value

  3  that otherwise would be unprotected; or can be acquired at

  4  less than fair market value.

  5         (4)  It is the intent of the Legislature that projects

  6  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

  7  contribute to the achievement of the following goals:

  8         (p)  The implementation of practices that provide

  9  sufficient quantities of water available to meet current and

10  future needs of the natural system and residents of the state,

11  as measured by execution of water-resource-development

12  components of the districts' water management plans. However,

13  funds provided for capital improvements under this purpose are

14  limited to those provided the water management districts in

15  paragraph (3)(a).

16         (q)  An increase in the state's inventory of historical

17  and cultural sites as measured by the number of sites

18  acquired.

19         (r)  An increase in the protection of fragile coastal

20  resources, as measured by the linear feet and acreage of

21  coastline acquired.

22         (s)  An increase in the protection of significant

23  surface waters of the state, as measured by the acreage of

24  lands acquired to buffer them.

25         (7)(a)  Beginning no later than July 1, 2001 2000, and

26  every year thereafter, the Acquisition and Restoration Council

27  shall accept applications from state agencies, local

28  governments, nonprofit and for-profit organizations, private

29  land trusts, and individuals for project proposals eligible

30  for funding pursuant to paragraph (3)(b). The council shall

31  evaluate the proposals received pursuant to this subsection to


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    CS for CS for SB 1710                          First Engrossed



  1  ensure that they meet at least one of the criteria under

  2  subsection (9).

  3         (9)  The Acquisition and Restoration Council shall

  4  recommend rules for adoption by the board of trustees develop

  5  a rule to competitively evaluate, select, and rank projects

  6  eligible for Florida Forever funds pursuant to paragraph

  7  (3)(b) and for additions to the Conservation and Recreation

  8  Lands list pursuant to ss. 259.032 and 259.101(4). In

  9  developing these proposed rules, this rule the Acquisition and

10  Restoration Council shall give weight to the following

11  criteria:

12         (a)  The project meets multiple goals described in

13  subsection (4).

14         (b)  The project is part of an ongoing governmental

15  effort to restore, protect, or develop land areas or water

16  resources.

17         (c)  The project enhances or facilitates management of

18  properties already under public ownership.

19         (d)  The project has significant archaeological or

20  historic value.

21         (e)  The project has funding sources that are

22  identified and assured through at least the first 2 years of

23  the project.

24         (f)  The project contributes to the solution of water

25  resource problems on a regional basis.

26         (g)  The project has a significant portion of its land

27  area in imminent danger of development, in imminent danger of

28  losing its significant natural attributes or recreational open

29  space, or in imminent danger of subdivision which would result

30  in multiple ownership and make acquisition of the project

31  costly or less likely to be accomplished.


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  1         (h)  The project implements an element from a plan

  2  developed by an ecosystem management team.

  3         (i)  The project is one of the components of the

  4  Everglades restoration effort.

  5         (j)  The project may be purchased at 80 percent of

  6  appraised value.

  7         (k)  The project may be acquired, in whole or in part,

  8  using alternatives to fee simple, including but not limited

  9  to, purchase of development rights, hunting rights,

10  agricultural or silvicultural rights, or mineral rights or;

11  obtaining conservation easements or flowage easements; or use

12  of land protection agreements as defined in s. 380.0677(5).

13         (l)  The project is a joint acquisition, either among

14  public agencies, nonprofit organizations, or private entities,

15  or by a public-private partnership.

16         (14)  Each year that bonds are to be issued pursuant to

17  this section, the Acquisition and Restoration Council shall

18  review the most current that year's approved project list and

19  shall, by the first board meeting in May, present to the Board

20  of Trustees of the Internal Improvement Trust Fund for

21  approval a listing of projects developed pursuant to

22  subsection (8). The board of trustees may remove projects from

23  the list developed pursuant to this subsection, but may not

24  add projects or rearrange project rankings.

25         (16)  All proposals for projects pursuant to paragraph

26  (3)(b) or subsection (20) shall be implemented only if adopted

27  by the Acquisition and Restoration Council and approved by the

28  board of trustees.  The council shall consider and evaluate in

29  writing the merits and demerits of each project that is

30  proposed for Florida Forever funding and each proposed

31  addition to the Conservation and Recreation Lands list


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    CS for CS for SB 1710                          First Engrossed



  1  program. The council and shall ensure that each proposed

  2  project will meet a stated public purpose for the restoration,

  3  conservation, or preservation of environmentally sensitive

  4  lands and water areas or for providing outdoor recreational

  5  opportunities and that each proposed addition to the

  6  Conservation and Recreation Lands list will meet the public

  7  purposes under s. 259.032(3) and, when applicable, s.

  8  259.101(4). The council also shall determine whether if the

  9  project or addition conforms, where applicable, with the

10  comprehensive plan developed pursuant to s. 259.04(1)(a), the

11  comprehensive multipurpose outdoor recreation plan developed

12  pursuant to s. 375.021, the state lands management plan

13  adopted pursuant to s. 253.03(7), the water resources work

14  plans developed pursuant to s. 373.199, and the provisions of

15  this section.

16         (18)  The Acquisition and Restoration Council shall may

17  recommend adoption of rules by the board of trustees necessary

18  to implement the provisions of this section relating to:

19  solicitation, scoring, selecting, and ranking of Florida

20  Forever project proposals; disposing of or leasing lands or

21  water areas selected for funding through the Florida Forever

22  program; and the process of reviewing and recommending for

23  approval or rejection the land management plans associated

24  with publicly owned properties. Rules promulgated pursuant to

25  this subsection shall be submitted to the President of the

26  Senate and the Speaker of the House of Representatives, for

27  review by the Legislature, no later than 30 days prior to the

28  2001 2000 Regular Session and shall become effective only

29  after legislative review. In its review, the Legislature may

30  reject, modify, or take no action relative to such rules. The

31  board of trustees council shall conform such rules to changes


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    CS for CS for SB 1710                          First Engrossed



  1  made by the Legislature, or, if no action was taken by the

  2  Legislature, such rules shall become effective.

  3         (20)  The Acquisition and Restoration Council, as

  4  successors to the Land Acquisition and Management Advisory

  5  Council, may amend existing Conservation and Recreation Lands

  6  projects and add to or delete from the 2000 Conservation and

  7  Recreation Lands list until funding for the Conservation and

  8  Recreation Lands program has been expended. The amendments to

  9  the 2000 Conservation and Recreation Lands list will be

10  reported to the board of trustees in conjunction with the

11  council's report developed pursuant to s. 259.105(15).

12         Section 12.  Section 260.018, Florida Statutes, is

13  amended to read:

14         260.018  Agency recognition.--All agencies of the

15  state, regional planning councils through their comprehensive

16  plans, and local governments through their local comprehensive

17  planning process pursuant to chapter 163 shall recognize the

18  special character of publicly owned lands and waters

19  designated by the state as greenways and trails and shall not

20  take any action which will impair their use as designated.

21  Identification of lands or waterways in planning materials,

22  maps, data, and other information developed or used in the

23  greenways and trails program shall not be cause for such lands

24  or waterways to be subject to this section, unless such lands

25  or waterways have been designated as a part of the statewide

26  system of or greenways and trails pursuant to s.

27  260.016(2)(d).

28         Section 13.  Subsections (2) and (3) of section

29  373.139, Florida Statutes, are amended to read:

30         373.139  Acquisition of real property.--

31


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  1         (2)  The governing board of the district is empowered

  2  and authorized to acquire in fee or less than fee title to

  3  real property, and easements therein, by purchase, gift,

  4  devise, lease, eminent domain, or otherwise for flood control,

  5  water storage, water management, conservation and protection

  6  of water resources, aquifer recharge, water resource and water

  7  supply development, and preservation of wetlands, streams, and

  8  lakes. Eminent domain powers may be used only for acquiring

  9  real property for flood control and water storage or for

10  curing title defects or encumbrances to real property to be

11  acquired from a willing seller.

12         (3)(a)  The initial 5-year workplan and any subsequent

13  modifications or additions thereto shall be adopted by each

14  water management district after a public hearing. Each water

15  management district shall provide at least 14 days' advance

16  notice of the hearing date and shall separately notify each

17  county commission within which a proposed workplan project or

18  project modification or addition is located of the hearing

19  date. No acquisition of lands shall occur without a public

20  hearing similar to those held pursuant to the provisions set

21  forth in s. 120.54.

22         (a)(b)  Title information, appraisal reports, offers,

23  and counteroffers are confidential and exempt from the

24  provisions of s. 119.07(1) until an option contract is

25  executed or, if no option contract is executed, until 30 days

26  before a contract or agreement for purchase is considered for

27  approval by the governing board.  However, each district may,

28  at its discretion, disclose appraisal reports to private

29  landowners during negotiations for acquisitions using

30  alternatives to fee simple techniques, if the district

31  determines that disclosure of such reports will bring the


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  1  proposed acquisition to closure. In the event that negotiation

  2  is terminated by the district, the title information,

  3  appraisal report, offers, and counteroffers shall become

  4  available pursuant to s. 119.07(1). Notwithstanding the

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

  6  Division of State Lands may share and disclose title

  7  information, appraisal reports, appraisal information, offers,

  8  and counteroffers when joint acquisition of property is

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

10  maintain the confidentiality of such title information,

11  appraisal reports, appraisal information, offers, and

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

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

14  have exercised discretion to disclose such information.

15         (b)(c)  The Secretary of Environmental Protection shall

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

17  district for preacquisition costs within 30 days after receipt

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

19  which identifies and justifies any such preacquisition costs

20  necessary for the purchase of any lands listed in the

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

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

23  resolution, and the department shall deposit the unused funds

24  into the appropriate account or trust fund.

25         (c)(d)  The Secretary of Environmental Protection shall

26  release acquisition moneys from the appropriate account or

27  trust fund to a district following receipt of a resolution

28  adopted by the governing board identifying the lands being

29  acquired and certifying that such acquisition is consistent

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

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


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    CS for CS for SB 1710                          First Engrossed



  1  Secretary of Environmental Protection a copy of all certified

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

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

  4  appraisal.  Two appraisals are required when the estimated

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

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

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

  8  than the appraisal price, the governing board shall submit

  9  written justification for the increased price.  The Secretary

10  of Environmental Protection may withhold moneys for any

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

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

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

14  and Water Adjudicatory Commission pursuant to s. 373.114.

15         Section 14.  Paragraph (c) of subsection (1) of section

16  373.1391, Florida Statutes, is amended to read:

17         373.1391  Management of real property.--

18         (1)

19         (c)  In developing or reviewing land management plans

20  when should a dispute arises arise that has not been cannot be

21  resolved by a the water management district's final agency

22  action districts, that dispute must issue shall be resolved

23  under chapter 120 forwarded to the Secretary of Environmental

24  Protection who shall submit it to the Florida Forever Advisory

25  Council.

26         Section 15.  Subsection (7) of section 373.199, Florida

27  Statutes, is amended to read:

28         373.199  Florida Forever Water Management District Work

29  Plan.--

30         (7)  By June January 1, 2001, of each year, each

31  district shall file with the President of the Senate, the


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    CS for CS for SB 1710                          First Engrossed



  1  Speaker of the House of Representatives, Legislature and the

  2  Secretary of Environmental Protection the initial 5-year

  3  workplan as required under subsection (2). By January 1 of

  4  each year thereafter, each district shall file with the

  5  President of the Senate, the Speaker of the House of

  6  Representatives, and the Secretary of Environmental Protection

  7  a report of acquisitions completed during the year together

  8  with modifications or additions to its 5-year work plan.

  9  Included in the report shall be:

10         (a)  A description of land management activity for each

11  property or project area owned by the water management

12  district.

13         (b)  A list of any lands surplused and the amount of

14  compensation received.

15         (c)  The progress of funding, staffing, and resource

16  management of every project funded pursuant to s. 259.101, s.

17  259.105, or s. 373.59 for which the district is responsible.

18

19  The secretary shall submit the report referenced in this

20  subsection to the Board of Trustees of the Internal

21  Improvement Trust Fund together required pursuant to this

22  subsection along with the Acquisition and Restoration

23  Council's project list as Florida Forever report required

24  under s. 259.105.

25         Section 16.  Subsections (1) and (10) of section

26  373.59, Florida Statutes, are amended to read:

27         373.59  Water Management Lands Trust Fund.--

28         (1)  There is established within the Department of

29  Environmental Protection the Water Management Lands Trust Fund

30  to be used as a nonlapsing fund for the purposes of this

31  section. The moneys in this fund are hereby continually


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    CS for CS for SB 1710                          First Engrossed



  1  appropriated for the purposes of land acquisition, management,

  2  maintenance, capital improvements of land titled to the

  3  districts, payments in lieu of taxes, debt service on bonds

  4  issued prior to July 1, 1999, debt service on bonds issued on

  5  or after July 1, 1999, which are issued to refund bonds issued

  6  before July 1, 1999, preacquisition costs associated with land

  7  purchases, and the department's costs of administration of the

  8  fund.  The department's costs of administration shall be

  9  charged proportionally against each district's allocation

10  using the formula provided in subsection (8).  Capital

11  improvements shall include, but need not be limited to,

12  perimeter fencing, signs, firelanes, control of invasive

13  exotic species, controlled burning, habitat inventory and

14  restoration, law enforcement, access roads and trails, and

15  minimal public accommodations, such as primitive campsites,

16  garbage receptacles, and toilets.

17         (10)(a)  Beginning July 1, 1999, not more than

18  one-fourth of the land management funds provided for in

19  subsections (1) and (8) in any year shall be reserved annually

20  by a governing board, during the development of its annual

21  operating budget, for payments in lieu of taxes for all actual

22  tax losses incurred as a result of governing board

23  acquisitions for water management districts pursuant to ss.

24  259.101, 259.105, and 373.59 under the Florida Forever program

25  during any year. Reserved funds not used for payments in lieu

26  of taxes in any year shall revert to the Water Management

27  Lands Trust Fund to be used in accordance with the provisions

28  of this section.

29         (b)  Payment in lieu of taxes shall be available:

30         1.  To all counties that have a population of 150,000

31  or fewer less and in which the amount of tax loss from all


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    CS for CS for SB 1710                          First Engrossed



  1  completed Preservation 2000 and Florida Forever acquisitions

  2  in the county exceeds 0.01 percent of the county's total

  3  taxable value. Population levels shall be determined pursuant

  4  to s. 11.031.

  5         2.  To all local governments located in eligible

  6  counties and whose lands are bought and taken off the tax

  7  rolls.

  8

  9  For properties acquired after January 1, 2000, in the event

10  that such properties otherwise eligible for payment in lieu of

11  taxes under this subsection are leased or reserved and remain

12  subject to ad valorem taxes, payments in lieu of taxes shall

13  commence or recommence upon the expiration or termination of

14  the lease or reservation, but in no event shall there be more

15  than a total of ten annual payments in lieu of taxes for each

16  tax loss. If the lease is terminated for only a portion of the

17  lands at any time, the ten annual payments shall be made for

18  that portion only commencing the year after such termination,

19  without limiting the requirement that ten annual payments

20  shall be made on the remaining portion or portions of the land

21  as the lease on each expires. For the purposes of this

22  subsection, "local government" includes municipalities, the

23  county school board, mosquito control districts, and any other

24  local government entity which levies ad valorem taxes.

25         (c)  If sufficient insufficient funds are unavailable

26  available in any year to make full payments to all qualifying

27  counties and local governments, such counties and local

28  governments shall receive a pro rata share of the moneys

29  available.

30         (d)  The payment amount shall be based on the average

31  amount of actual taxes paid on the property for the 3 years


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    CS for CS for SB 1710                          First Engrossed



  1  preceding acquisition. Applications for payment in lieu of

  2  taxes shall be made no later than January 31 of the year

  3  following acquisition. No payment in lieu of taxes shall be

  4  made for properties which were exempt from ad valorem taxation

  5  for the year immediately preceding acquisition.  If property

  6  that was subject to ad valorem taxation was acquired by a

  7  tax-exempt entity for ultimate conveyance to the state under

  8  this chapter, payment in lieu of taxes shall be made for such

  9  property based upon the average amount of taxes paid on the

10  property for the 3 years prior to its being removed from the

11  tax rolls. The water management districts shall certify to the

12  Department of Revenue those properties that may be eligible

13  under this provision. Once eligibility has been established,

14  that governmental entity shall receive 10 consecutive annual

15  payments for each tax loss, and no further eligibility

16  determination shall be made during that period.

17         (e)  Payment in lieu of taxes pursuant to this

18  subsection shall be made annually to qualifying counties and

19  local governments after certification by the Department of

20  Revenue that the amounts applied for are reasonably

21  appropriate, based on the amount of actual taxes paid on the

22  eligible property, and after the water management districts

23  have provided supporting documents to the Comptroller and have

24  requested that payment be made in accordance with the

25  requirements of this section.

26         (f)  If a water management district conveys to a county

27  or local government title to any land owned by the district,

28  any payments in lieu of taxes on the land made to the county

29  or local government shall be discontinued as of the date of

30  the conveyance.

31


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    CS for CS for SB 1710                          First Engrossed



  1         (g)  The districts may make retroactive payments to

  2  counties and local governments that did not receive payments

  3  in lieu of taxes for lands purchased under ss. 259.101 and

  4  373.59 during fiscal year 1999-2000 if the counties and local

  5  governments would have received those payments under ss.

  6  259.032(12) and 373.59(14).

  7         Section 17.  Section 375.051, Florida Statutes, is

  8  amended to read:

  9         375.051  Issuance of revenue bonds subject to

10  constitutional authorization.--The acquisition of lands, water

11  areas, and related resources by the department under this act

12  is a public purpose for which revenue bonds may be issued when

13  and only when there has been granted in the State Constitution

14  specific authorization for the department to issue revenue

15  bonds to pay the cost of acquiring such lands, water areas,

16  and related resources and to construct, improve, enlarge, and

17  extend capital improvements and facilities thereon as

18  determined by the department to be necessary for the purposes

19  of this act.  The department may utilize the services and

20  facilities of the Department of Legal Affairs, the Board of

21  Administration, or any other agency in this regard.  No

22  revenue bonds, revenue certificates, or other evidences of

23  indebtedness shall be issued for the purposes of this act

24  except as specifically authorized by the State Constitution.

25  All revenue bonds, revenue certificates, or other evidences of

26  indebtedness issued pursuant to this act shall be submitted to

27  the State Board of Administration for approval or disapproval.

28  No individual series of bonds may be issued pursuant to this

29  section unless the first year's debt service for the remainder

30  of the fiscal year in which the bonds are issued such bonds is

31  specifically appropriated in the General Appropriations Act.


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    CS for CS for SB 1710                          First Engrossed



  1         Section 18.  Subsection (1) of section 375.075, Florida

  2  Statutes, is amended to read:

  3         375.075  Outdoor recreation; financial assistance to

  4  local governments.--

  5         (1)  The Department of Environmental Protection is

  6  authorized, pursuant to s. 370.023, to establish the Florida

  7  Recreation Development Assistance Program to provide grants to

  8  qualified local governmental entities to acquire or develop

  9  land for public outdoor recreation purposes. To the extent not

10  needed for debt service on bonds issued pursuant to s.

11  375.051, each fiscal year through fiscal year 2000-2001, the

12  department shall develop and plan a program which shall be

13  based upon funding of not less than 5 percent of the money

14  credited to the Land Acquisition Trust Fund pursuant to s.

15  201.15(2) and (3) in that year. Beginning fiscal year

16  2001-2002, the department shall develop and plan a program

17  which shall be based upon the cumulative total funding

18  provided from this section and from the Florida Forever Trust

19  Fund pursuant to s. 259.105(3)(c).

20         Section 19.  Subsection (11) of section 380.507,

21  Florida Statutes, is amended to read:

22         380.507  Powers of the trust.--The trust shall have all

23  the powers necessary or convenient to carry out the purposes

24  and provisions of this part, including:

25         (11)  To make rules necessary to carry out the purposes

26  of this part and to exercise any power granted in this part,

27  pursuant to the provisions of chapter 120. The trust shall

28  adopt rules governing the acquisition of lands by local

29  governments or the trust using proceeds from the Preservation

30  2000 Trust Fund and the Florida Forever Trust Fund, consistent

31  with the intent expressed in the Florida Forever Act. Such


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    CS for CS for SB 1710                          First Engrossed



  1  rules for land acquisition must include, but are not limited

  2  to, procedures for appraisals and confidentiality consistent

  3  with ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a

  4  method of determining a maximum purchase price, and procedures

  5  to assure that the land is acquired in a voluntarily

  6  negotiated transaction, surveyed, conveyed with marketable

  7  title, and examined for hazardous materials contamination.

  8  Land acquisition procedures of a local land authority created

  9  pursuant to s. 380.0663 or s. 380.0677 may be used for the

10  land acquisition programs described by ss. 259.101(3)(c) and

11  259.105 if within areas of critical state concern designated

12  pursuant to s. 380.05, subject to approval of the trust.

13         Section 20.  Subsection (7) of section 380.510, Florida

14  Statutes, is amended to read:

15         380.510  Conditions of grants and loans.--

16         (7)  Any funds received by the trust from the

17  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and

18  the Florida Forever Trust Fund pursuant to s. 259.105(3)(c)

19  shall be held separate and apart from any other funds held by

20  the trust and shall be used only to pay the cost of the

21  acquisition of lands by a local government or the state for

22  the land acquisition purposes of this part. In addition to the

23  other conditions set forth in this section, the disbursement

24  of Preservation 2000 and Florida Forever funds from the trust

25  shall be subject to the following conditions:

26         (a)  The administration and use of any funds received

27  by the trust from the Preservation 2000 Trust Fund and the

28  Florida Forever Trust Fund shall be subject to such terms and

29  conditions imposed thereon by the agency of the state

30  responsible for the bonds, the proceeds of which are deposited

31  in the Preservation 2000 Trust Fund and the Florida Forever


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    CS for CS for SB 1710                          First Engrossed



  1  Trust Fund, including restrictions imposed to ensure that the

  2  interest on any such bonds issued by the state as tax-exempt

  3  bonds will not be included in the gross income of the holders

  4  of such bonds for federal income tax purposes.

  5         (b)  All deeds or leases with respect to any real

  6  property acquired with funds received by the trust from the

  7  Preservation 2000 Trust Fund shall contain such covenants and

  8  restrictions as are sufficient to ensure that the use of such

  9  real property at all times complies with s. 375.051 and s. 9,

10  Art. XII of the State Constitution. All deeds or leases with

11  respect to any real property acquired with funds received by

12  the trust from the Florida Forever Trust Fund shall contain

13  such covenants and restrictions as are sufficient to ensure

14  that the use of such real property at all times complies with

15  s. 11(e), Art. VII of the State Constitution. Each deed or

16  lease shall contain a reversion, conveyance, or termination

17  clause that will vest title in the Board of Trustees of the

18  Internal Improvement Trust Fund if any of the covenants or

19  restrictions are violated by the titleholder or leaseholder or

20  by some third party with the knowledge of the titleholder or

21  leaseholder.

22         Section 21.  Notwithstanding the provisions of section

23  259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter

24  92-288, Laws of Florida), regarding the set-aside of funds for

25  land acquisition in areas of critical state concern, $2.5

26  million from funds previously approved is hereby designated to

27  the City of Apalachicola for land acquisition associated with

28  the area of critical state concern to assist in completing the

29  City's sewer improvement program. This appropriation is

30  contingent upon the review of the city's proposal and a

31  determination by the Department of Community Affairs that the


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    CS for CS for SB 1710                          First Engrossed



  1  proposed project is an eligible use of funds under the Florida

  2  Communities Trust program. The city is not required to provide

  3  matching funds for the approved project.

  4         Section 22.  Subsection (9) of section 211.3103,

  5  Florida Statutes, is repealed.

  6         Section 23.  Except as otherwise provided in this act,

  7  this act shall take effect upon becoming a law.

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