SENATE AMENDMENT
Bill No. CS for SB 1468
Amendment No. ___ Barcode 684284
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 8, line 18, through page 16, line 14, delete
15 those lines
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17 and insert:
18 Section 2. Paragraph (c) is added to subsection (2) of
19 section 253.034, Florida Statutes, and subsection (6) of said
20 section is amended, to read:
21 253.034 State-owned lands; uses.--
22 (2) As used in this section, the following phrases
23 have the following meanings:
24 (c) "Conservation lands" means lands that are
25 currently managed for conservation, outdoor resource-based
26 recreation, or archaeological or historic preservation, except
27 those lands that were acquired solely to facilitate the
28 acquisition of other conservation lands. Lands acquired for
29 uses other than conservation, outdoor resource-based
30 recreation, or archaeological or historic preservation shall
31 not be designated conservation lands except as otherwise
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1 authorized under this section. These lands shall include, but
2 not be limited to, the following: correction and detention
3 facilities, military installations and facilities, state
4 office buildings, maintenance yards, state university or state
5 community college campuses, agricultural field stations or
6 offices, tower sites, law enforcement and license facilities,
7 laboratories, hospitals, clinics, and other sites that possess
8 no significant natural or historical resources. However,
9 lands acquired solely to facilitate the acquisition of other
10 conservation lands, and for which the land management plan has
11 not yet been completed or updated, may be evaluated by the
12 Board of Trustees of the Internal Improvement Trust Fund on a
13 case-by-case basis to determine if they will be designated
14 conservation lands.
15 (6) The Board of Trustees of the Internal Improvement
16 Trust Fund shall determine which lands, the title to which is
17 vested in the board, may be surplused. Notwithstanding s.
18 253.111, For conservation lands, the board shall make a
19 determination that the lands are no longer needed for
20 conservation purposes and may dispose of them by a two-thirds
21 vote. In the case of a land exchange involving the disposition
22 of conservation lands, the board must determine by at least a
23 two-thirds vote that the exchange will result in a net
24 positive conservation benefit. For all other lands, the board
25 shall make a determination that the lands are no longer needed
26 and may dispose of them by majority vote.
27 (a) For the purposes of this subsection, all lands
28 acquired by the state prior to July 1, 1999, using proceeds
29 from the Preservation 2000 bonds, the Conservation and
30 Recreation Lands Trust Fund, the Water Management Lands Trust
31 Fund, Environmentally Endangered Lands Program, and the Save
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1 Our Coast Program and titled to the board, which lands are
2 identified as core parcels or within original project
3 boundaries, shall be deemed to have been acquired for
4 conservation purposes.
5 (b) For any lands purchased by the state on or after
6 July 1, 1999, a determination shall be made by the board prior
7 to acquisition as to those parcels that shall be designated as
8 having been acquired for conservation purposes. No lands
9 acquired for use by the Department of Corrections, the
10 Department of Management Services for use as state offices,
11 the Department of Transportation, except those specifically
12 managed for conservation or recreation purposes, or the State
13 University System or the Florida Community College System
14 shall be designated as having been purchased for conservation
15 purposes.
16 (c) At least every 5 3 years, as a component of each
17 land management plan or land use plan and in a form and manner
18 prescribed by rule by the board, each management entity shall
19 evaluate and indicate to the board those lands that the entity
20 manages which are not being used for the purpose for which
21 they were originally leased. Such lands shall be reviewed by
22 the council for its recommendation as to whether such lands
23 should be disposed of by the board.
24 (d) Lands owned by the board which are not actively
25 managed by any state agency or for which a land management
26 plan has not been completed pursuant to subsection (5) shall
27 be reviewed by the council or its successor for its
28 recommendation as to whether such lands should be disposed of
29 by the board.
30 (e) Prior to any decision by the board to surplus
31 lands, the Acquisition and Restoration Council shall review
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1 and make recommendations to the board concerning the request
2 for surplusing. The council shall determine whether the
3 request for surplusing is compatible with the resource values
4 of and management objectives for such lands.
5 (f) In reviewing lands owned by the board, the council
6 or its successor shall consider whether such lands would be
7 more appropriately owned or managed by the county or other
8 unit of local government in which the land is located. The
9 council or its successor shall recommend to the board whether
10 a sale, lease, or other conveyance to a local government would
11 be in the best interests of the state and local government.
12 The provisions of this paragraph in no way limit the
13 provisions of ss. 253.111 and 253.115. Such lands shall be
14 offered to the state, county, or local government for a period
15 of 30 90 days. Permittable uses for such surplus lands may
16 include public schools; public libraries; fire or law
17 enforcement substations; and governmental, judicial, or
18 recreational centers. County or local government requests for
19 surplus lands shall be expedited throughout the surplusing
20 process. If the county or local government does not elect to
21 purchase such lands in accordance with s. 253.111, then any
22 surplusing determination involving other governmental agencies
23 shall be made upon the board deciding the best public use of
24 the lands. State agencies shall have the subsequent
25 opportunity to acquire the surplus lands for a period not to
26 exceed 30 days after the offer to a county or local government
27 expires. Surplus properties in which governmental agencies
28 have expressed no interest shall then be available for sale on
29 the private market.
30 (g) Lands determined to be surplus pursuant to this
31 subsection shall be sold for appraised fair market value or
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1 the price paid by the state or a water management district to
2 originally acquire the lands, whichever is greater, except
3 when the board or its designee determines a different sale
4 price is in the public interest. However, for those that the
5 price of lands sold as surplus to any unit of government, the
6 price shall not exceed the price paid by the state or a water
7 management district to originally acquire the lands. A unit of
8 government which acquires title to lands hereunder for less
9 than appraised fair market value may not sell or transfer
10 title to all or any portion of the lands to any private owner
11 for a period of 10 years. Any unit of government seeking to
12 transfer or sell lands pursuant to this paragraph shall first
13 allow the board of trustees to reacquire such lands. The
14 board of trustees may reacquire such lands for the price at
15 which they sold such lands.
16 (h) Where a unit of government acquired land by gift,
17 donation, grant, quit-claim deed, or other such conveyance
18 where no monetary consideration was exchanged, the price of
19 land sold as surplus may be based on one appraisal. In the
20 event that a single appraisal yields a value equal to or
21 greater than $1 million, a second appraisal is required. shall
22 not exceed the fair market value of the lands. Fair market
23 value shall be determined by the average of two separate
24 appraisals. The individual or entity requesting the surplus
25 shall select and use appraisers from the list of approved
26 appraisers maintained by the Division of State Lands in
27 accordance with s. 253.025(6)(b). The individual or entity
28 requesting the surplus is to incur all costs of the
29 appraisals.
30 (i) After reviewing the recommendations of the council
31 or its successor, the board shall determine whether lands
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1 identified for surplus are to be held for other public
2 purposes or whether such lands are no longer needed. The
3 board may require an agency to release its interest in such
4 lands. For an agency that has requested the use of a property
5 that was to be declared as surplus, said agency must have the
6 property under lease within six months of the date of
7 expiration of the notice provisions required under ss.
8 253.034(6) and 253.111.
9 (j) Requests for surplusing may be made by any public
10 or private entity or person. All requests shall be submitted
11 to the lead managing agency for review and recommendation to
12 the council or its successor. Lead managing agencies shall
13 have 90 days to review such requests and make recommendations.
14 Any surplusing requests that have not been acted upon within
15 the 90-day time period shall be immediately scheduled for
16 hearing at the next regularly scheduled meeting of the council
17 or its successor. Requests for surplusing pursuant to this
18 paragraph shall not be required to be offered to local or
19 state governments as provided in paragraph (f).
20 (k) Proceeds from any sale of surplus lands pursuant
21 to this subsection shall be deposited into the fund from which
22 such lands were acquired. However, if the fund from which the
23 lands were originally acquired no longer exists, such proceeds
24 shall be deposited into an appropriate account to be used for
25 land management by the lead managing agency assigned the lands
26 prior to the lands being declared surplus. Funds received from
27 the sale of surplus nonconservation lands, or lands that were
28 acquired by gift, by donation, or for no consideration, shall
29 be deposited into the Internal Improvement Trust Fund.
30 (l) Notwithstanding the provisions of this subsection,
31 no such disposition of land shall be made if such disposition
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1 would have the effect of causing all or any portion of the
2 interest on any revenue bonds issued to lose the exclusion
3 from gross income for federal income tax purposes.
4 (m) The sale of filled, formerly submerged land that
5 does not exceed 5 acres in area is not subject to review by
6 the council or its successor.
7 Section 3. Subsection (3) of section 253.111, Florida
8 Statutes, is amended, and paragraph (c) is added to subsection
9 (6) of said section, to read:
10 253.111 Notice to board of county commissioners before
11 sale.--The Board of Trustees of the Internal Improvement Trust
12 Fund of the state may not sell any land to which they hold
13 title unless and until they afford an opportunity to the
14 county in which such land is situated to receive such land on
15 the following terms and conditions:
16 (3) If the board receives, within 30 45 days after
17 notice is given to the board of county commissioners pursuant
18 to subsection (1), the certified copy of the resolution
19 provided for in subsection (2), the board shall forthwith
20 convey to the county such land at a price that is equal to its
21 appraised market value established by generally accepted
22 professional standards for real estate appraisal and subject
23 to such other terms and conditions as the board determines.
24 (6) This section does not apply to:
25 (a) Any land exchange approved by the board; or
26 (b) The conveyance of any lands located within the
27 Everglades Agricultural Area; or.
28 (c) Lands managed pursuant to ss. 253.781-253.785.
29 Section 4. Paragraphs (h) and (i) of subsection (5) of
30 section 253.115, Florida Statutes, are amended, and paragraph
31 (j) is added to said subsection, to read:
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1 253.115 Public notice and hearings.--
2 (5) The notice and publication requirements of this
3 section do not apply to:
4 (h) The conveyance of lands pursuant to the provisions
5 of s. 373.4592(4)(b); or
6 (i) Renewals, modifications, or assignments; or.
7 (j) Lands managed pursuant to ss. 253.781-253.785.
8 Section 5. Subsection (2) of section 253.82, Florida
9 Statutes, is amended to read:
10 253.82 Title of state or private owners to Murphy Act
11 lands.--
12 (2)(a) The title to any land which was acquired by the
13 state under chapter 18296, Laws of Florida, 1937, except those
14 parcels which have been sold, conveyed, dedicated, or released
15 by the state pursuant to subsection (1), is hereby vested in
16 the Board of Trustees of the Internal Improvement Trust Fund.
17 (b) Land to which title is vested in the board of
18 trustees by paragraph (a) shall be treated in the same manner
19 as other nonsovereignty lands owned by the board. However,
20 any parcel of land the title to which is vested in the Board
21 of Trustees of the Internal Improvement Trust Fund pursuant to
22 this section which is 10 5 acres or less in size and has an
23 appraised market value of $250,000 $100,000 or less is hereby
24 declared surplus, except for lands determined to be needed for
25 state use, and may be sold in any manner provided by law. Only
26 one appraisal shall be required for a sale of such land. All
27 proceeds from the sale of such land shall be deposited into
28 the Internal Improvement Trust Fund. The Board of Trustees of
29 the Internal Improvement Trust Fund is authorized to adopt
30 rules to implement the provisions of this subsection
31 Conservation and Recreation Lands Trust Fund.
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1 (c) The holder of a claim or lien against land vested
2 in the board of trustees by paragraph (a), including a
3 municipality or special taxing district, has until October 1,
4 1985, to institute suit in a court of competent jurisdiction
5 to establish or enforce the claim or lien. The failure to
6 institute suit by October 1, 1985, is conclusive evidence of
7 abandonment of the claim or lien, and such claim or lien will
8 become unenforceable. This paragraph shall not operate to
9 revive any claim or lien previously extinguished by operation
10 of law.
11 Section 6. Section 253.86, Florida Statutes, is
12 created to read:
13 253.86 Management and use of state-owned or other
14 uplands; rulemaking authority.--
15 (1) The Office of Coastal and Aquatic Managed Areas of
16 the Department of Environmental Protection shall have the
17 authority to promulgate rules to govern the management and use
18 of state-owned or other uplands assigned to it for management.
19 Such rules may include, but shall not be limited to,
20 establishing prohibited activities or restrictions on
21 activities, consistent with the purposes for which the lands
22 were acquired, designated, or dedicated, and charging fees for
23 use of lands. All fees collected shall be used for the
24 management of uplands managed by the office.
25 (2) Any person violating or otherwise failing to
26 comply with the rules adopted under this section commits a
27 noncriminal violation as defined in s. 775.08(3), punishable
28 by fine, not to exceed $500 per violation.
29 Section 7. Subsections (1), (7), (8) and (9) of
30 section 259.0345, Florida Statutes, are amended to read:
31 259.0345 Florida Forever Advisory Council.--
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1 (1)(a) There is hereby created the Florida Forever
2 Advisory Council, consisting of seven residents of this state
3 who shall be appointed by the Governor. The appointments
4 shall include one member from within the geographic boundaries
5 of each water management district who has resided in the
6 district for at least 1 year. The remaining appointments
7 shall come from the state at large. The membership of the
8 council shall be representative of agriculture, the
9 development community, local government, the environmental
10 community, and the scientific and technical community who have
11 substantial experience in areas of land, water, and wildlife
12 management and other related areas.
13 (b) The members appointed by the Governor shall serve
14 3-year terms, except that, initially, to provide for staggered
15 terms, three of the appointees shall serve 2-year terms. No
16 appointee shall serve more than 6 years. The Governor may at
17 any time fill a vacancy for the unexpired term of a member
18 appointed under paragraph (a).
19 (c) Additionally, the President of the Senate and the
20 Speaker of the House of Representatives shall each appoint one
21 ad hoc nonvoting member from their respective chambers. Such
22 members shall be appointed from a standing committee that has
23 a jurisdictional responsibility for the Department of
24 Environmental Protection. These appointees shall serve for
25 the duration of the term of the appointing President or
26 Speaker.
27 (c)(d) No person who is or has been a lobbyist as
28 defined in s. 112.3148, at any time during the 24 months
29 preceding appointment to the council, for any entity whose
30 interests could be affected by actions or decisions of the
31 council, shall be appointed to the council.
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1 (d)(e) The council shall, at a minimum, meet twice a
2 year.
3 (7) The council shall provide a report, by December
4 15, 2000, to the Secretary of Environmental Protection, who
5 shall forward the report to the board of trustees for their
6 approval. After approval by the board of trustees, the
7 secretary shall forward the approved report to the President
8 of the Senate and the Speaker of the House of Representatives,
9 prior to the beginning of the 2001 Regular Legislative
10 Session, for review by the appropriate substantive legislative
11 committee from which the Florida Forever Act originated, or
12 its successor. The Legislature may reject, modify, or take no
13 action relative to the goals and performance measures
14 established by the report. If no action is taken, the goals
15 and performance measures shall be implemented. The report
16 shall meet the following requirements solely with respect to
17 the funding provided pursuant to s. 259.105(3)(b):
18 (a) Establish specific goals for those identified in
19 s. 259.105(4).
20 (b) Provide recommendations expanding or refining the
21 goals identified in s. 259.105(4).
22 (c) Identify specific performance measures that may be
23 used to analyze progress towards the goals established.
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25 It is recognized that during the development of this report,
26 the council may identify other recommendations concerning the
27 implementation of Florida Forever. These recommendations shall
28 be incorporated in the reports identified in subsection (8).
29 (7)(8) The council shall provide a report, at least 30
30 days prior to the regular legislative sessions in the
31 following years: 2002, 2004, 2006 and 2008. The report shall
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1 be provided to the Secretary of Environmental Protection, who
2 shall forward the report to the board of trustees for their
3 approval. After approval by the board of trustees, the
4 secretary shall forward the approved report to the President
5 of the Senate and the Speaker of the House of Representatives.
6 The report shall provide: recommendations for adjusting or
7 expanding the goals detailed in s. 259.105(4); recommendations
8 for adjusting the percentage distributions detailed in s.
9 259.105(3); and recommendations concerning other aspects of
10 the Florida Forever Act. In making recommendations for
11 adjusting the percentage distributions detailed in s.
12 259.105(3), the council shall consider which agencies have
13 encumbered their funds in a timely manner and unencumbered
14 balances, if any, in each agency's Florida Forever subaccount.
15 The recommendations may include increases in percentage
16 distributions to those agencies that have encumbered Florida
17 Forever funds in a timely manner.
18 (8)(9) The reports required pursuant to subsections
19 (7) and (8) are to be based upon and developed through:
20 (a) Comments received during public hearings, in
21 different areas of the state, held for the purpose of
22 gathering public input and recommendations.
23 (b) Evaluations of Florida's existing public land
24 acquisition programs for conservation, preservation, and
25 recreational purposes, including those administered by the
26 water management districts and the Department of Community
27 Affairs, to determine the extent of Florida's unmet needs for
28 restoration, acquisition, and management of public lands and
29 water areas and for acquisition of privately owned lands and
30 water areas.
31 (c) Material and data developed by the Florida Natural
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1 Areas Inventory concerning Florida's conservation lands.
2 Section 8. Subsection (4) of section 259.035, Florida
3 Statutes, is amended to read:
4 259.035 Acquisition and Restoration Council.--
5 (4) The council may use existing rules adopted by the
6 board of trustees, until it develops and recommends amendments
7 to those rules, to competitively evaluate, select, and rank
8 projects eligible for the Conservation and Recreation Lands
9 list pursuant to ss. 259.032(3) and 259.101(4) and, beginning
10 no later than May 1, 2001, for Florida Forever funds pursuant
11 to s. 259.105(3)(b). In developing or amending the rules, the
12 council shall give weight to the criteria included in s.
13 259.105(10)(9). The board of trustees shall review the
14 recommendations and shall adopt rules necessary to administer
15 this section.
16 Section 9. Subsection (12) is added to section 298.22,
17 Florida Statutes, to read:
18 298.22 Powers of supervisors.--The board of
19 supervisors of the district has full power and authority to
20 construct, complete, operate, maintain, repair, and replace
21 any and all works and improvements necessary to execute the
22 water control plan. Subject to the applicable provisions of
23 chapter 373 or chapter 403, the board of supervisors:
24 (12) May construct, manage, or authorize construction
25 and management of resource-based recreational facilities that
26 may include greenways, trails, and associated facilities.
27 Section 10. Section 369.255, Florida Statutes, is
28 amended to read:
29 369.255 Green utility ordinances for funding
30 greenspace management and exotic plant control.--
31 (1) LEGISLATIVE FINDING.--The Legislature finds that
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1 the proper management of greenspace areas, including, without
2 limitation, the urban forest, greenways, private and public
3 forest preserves, wetlands, and aquatic zones, is essential to
4 the state's environment and economy and to the health and
5 safety of its residents and visitors. The Legislature also
6 finds that the limitation and control of nonindigenous plants
7 and tree replacement and maintenance are vital to achieving
8 the natural systems and recreational lands goals and policies
9 of the state pursuant to s. 187.201(10), the State
10 Comprehensive Plan. It is the intent of this section to
11 enable local governments to establish a mechanism to provide
12 dedicated funding for the aforementioned activities, when
13 deemed necessary by a that county or municipality.
14 (2) In addition to any other funding mechanisms
15 legally available to counties and municipalities to control
16 invasive, nonindigenous aquatic or upland plants and manage
17 urban forest resources, a county or municipality may create
18 one or more green utilities or adopt fees sufficient to plan,
19 restore, and manage urban forest resources, greenways, forest
20 preserves, wetlands, and other aquatic zones and create a
21 stewardship grant program for private natural areas. Counties
22 or municipalities may create, alone or in cooperation with
23 other counties or municipalities pursuant to the Florida
24 Interlocal Cooperation Act, s. 163.01, one or more greenspace
25 management districts to fund the planning, management,
26 operation, and administration of a greenspace management
27 program. The fees shall be collected on a voluntary basis as
28 set forth by the county or municipality and calculated to
29 generate sufficient funds to plan, manage, operate, and
30 administer a greenspace management program. Private natural
31 areas assessed according to s. 193.501 would qualify for
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1 stewardship grants.
2 (3) This section shall only apply to counties with a
3 population of 500,000 or more and municipalities with a
4 population of 200,000 or more.
5 (4) Nothing in this section shall authorize counties
6 or municipalities to require any nongovernmental entity to
7 collect the fee described in subsection (2) on their behalf.
8 Section 11. Notwithstanding the provision of section
9 259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter
10 92-288, Laws of Florida) regarding the set-aside of funds for
11 land acquisition in areas of critical state concern, $2.9
12 million from funds previously approved is available for grants
13 to local governments in the Florida Keys and the Key West
14 areas of critical state concern to assist in implementing the
15 local comprehensive plan. Grant funds are to be used for land
16 acquisition for conservation, open space, and outdoor
17 recreation lands, and are contingent upon the review of a
18 local government's proposed project, and a determination by
19 the Florida Communities Trust that the proposed project is an
20 eligible use of funds under the Florida Communities Trust
21 Program. A local government with a population of less than
22 10,000 is not required to provide a local match. A local
23 government with a population of 10,000 or more is required to
24 provide a dollar for dollar match.
25 Section 12. Subsection (8) of section 259.101, Florida
26 Statutes, is repealed.
27 Section 13. This act shall take effect July 1, 2001.
28
29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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1 Delete everything before the enacting clause
2
3 and insert:
4 A bill to be entitled
5 An act relating to land acquisition and
6 management; amending s. 259.105, F.S.; revising
7 goals and performance measures for Florida
8 Forever projects of the Department of
9 Environmental Protection and water management
10 districts; amending s. 253.034, F.S.; defining
11 "conservation lands"; providing procedure for
12 disposition of certain surplus conservation
13 lands by the Board of Trustees of the Internal
14 Improvement Trust Fund; revising procedure for
15 evaluating and offering for sale of surplus
16 lands; providing for disposition of proceeds
17 from the sale of surplus nonconservation lands;
18 amending ss. 253.111 and 253.115, F.S.;
19 exempting Greenway lands from certain public
20 notice and hearing requirements prior to sale,
21 lease, exchange, or grant of easement; amending
22 s. 253.82, F.S.; revising conditions under
23 which certain lands titled to the board of
24 trustees may be declared surplus lands;
25 revising appraisal requirements; providing
26 rulemaking authority; creating s. 253.86, F.S.;
27 providing for management and use of certain
28 uplands; providing rulemaking authority of the
29 Office of Coastal and Aquatic Managed Areas;
30 providing for fees; providing a penalty;
31 amending s. 259.035, F.S., correcting a cross
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1 reference; amending s. 259.0345, F.s.;
2 repealing authority for certain members of the
3 Legislature to be appointed as ad hoc nonvoting
4 members to the Florida Forever Advisory
5 Council; deleting obsolete provisions; amending
6 s. 298.22, F.S.; authorizing boards of
7 supervisors of water control districts to
8 construct and manage resource-based
9 recreational facilities; amending s. 369.255,
10 F.S.; authorizing certain municipalities to
11 create a funding mechanism for greenspace
12 management and exotic plant control; repealing
13 subsection (8) of s.259.101, F.S.; relating to
14 the disposal and use of certain state owned
15 lands; providing an effective date.
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