HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Harrington offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (c) is added to subsection (2) of
18 section 253.034, Florida Statutes, and subsection (6) of said
19 section is amended, to read:
20 253.034 State-owned lands; uses.--
21 (2) As used in this section, the following phrases
22 have the following meanings:
23 (c) "Conservation lands" means lands that are
24 currently managed for conservation, outdoor resource-based
25 recreation, or archaeological or historic preservation, except
26 those lands that were acquired solely to facilitate the
27 acquisition of other conservation lands. Lands acquired for
28 uses other than conservation, outdoor resource-based
29 recreation, or archaeological or historic preservation shall
30 not be designated conservation lands except as otherwise
31 authorized under this section. These lands shall include, but
1
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 not be limited to, the following: correction and detention
2 facilities, military installations and facilities, state
3 office buildings, maintenance yards, state university or state
4 community college campuses, agricultural field stations or
5 offices, tower sites, law enforcement and license facilities,
6 laboratories, hospitals, clinics, and other sites that possess
7 no significant natural or historical resources. However,
8 lands acquired solely to facilitate the acquisition of other
9 conservation lands, and for which the land management plan has
10 not yet been completed or updated, may be evaluated by the
11 Board of Trustees of the Internal Improvement Trust Fund on a
12 case-by-case basis to determine if they will be designated
13 conservation lands.
14 (6) The Board of Trustees of the Internal Improvement
15 Trust Fund shall determine which lands, the title to which is
16 vested in the board, may be surplused. Notwithstanding s.
17 253.111, For conservation lands, 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. In the case of a land exchange involving the disposition
21 of conservation lands, the board must determine by at least a
22 two-thirds vote that the exchange will result in a net
23 positive conservation benefit. For all other lands, the board
24 shall make a determination that the lands are no longer needed
25 and may dispose of them by majority vote.
26 (a) For the purposes of this subsection, all lands
27 acquired by the state prior to July 1, 1999, using proceeds
28 from the Preservation 2000 bonds, the Conservation and
29 Recreation Lands Trust Fund, the Water Management Lands Trust
30 Fund, Environmentally Endangered Lands Program, and the Save
31 Our Coast Program and titled to the board, which lands are
2
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 identified as core parcels or within original project
2 boundaries, shall be deemed to have been acquired for
3 conservation purposes.
4 (b) For any lands purchased by the state on or after
5 July 1, 1999, a determination shall be made by the board prior
6 to acquisition as to those parcels that shall be designated as
7 having been acquired for conservation purposes. No lands
8 acquired for use by the Department of Corrections, the
9 Department of Management Services for use as state offices,
10 the Department of Transportation, except those specifically
11 managed for conservation or recreation purposes, or the State
12 University System or the Florida Community College System
13 shall be designated as having been purchased for conservation
14 purposes.
15 (c) At least every 5 3 years, as a component of each
16 land management plan or land use plan and in a form and manner
17 prescribed by rule by the board, each management entity shall
18 evaluate and indicate to the board those lands that the entity
19 manages which are not being used for the purpose for which
20 they were originally leased. Such lands shall be reviewed by
21 the council for its recommendation as to whether such lands
22 should be disposed of by the board.
23 (d) Lands owned by the board which are not actively
24 managed by any state agency or for which a land management
25 plan has not been completed pursuant to subsection (5) shall
26 be reviewed by the council or its successor for its
27 recommendation as to whether such lands should be disposed of
28 by the board.
29 (e) Prior to any decision by the board to surplus
30 lands, the Acquisition and Restoration Council shall review
31 and make recommendations to the board concerning the request
3
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for surplusing. The council shall determine whether the
2 request for surplusing is compatible with the resource values
3 of and management objectives for such lands.
4 (f) In reviewing lands owned by the board, the council
5 or its successor shall consider whether such lands would be
6 more appropriately owned or managed by the county or other
7 unit of local government in which the land is located. The
8 council or its successor shall recommend to the board whether
9 a sale, lease, or other conveyance to a local government would
10 be in the best interests of the state and local government.
11 The provisions of this paragraph in no way limit the
12 provisions of ss. 253.111 and 253.115. Such lands shall be
13 offered to the state, county, or local government for a period
14 of 45 90 days. Permittable uses for such surplus lands may
15 include public schools; public libraries; fire or law
16 enforcement substations; and governmental, judicial, or
17 recreational centers. County or local government requests for
18 surplus lands shall be expedited throughout the surplusing
19 process. If the county or local government does not elect to
20 purchase such lands in accordance with s. 253.111, then any
21 surplusing determination involving other governmental agencies
22 shall be made upon the board deciding the best public use of
23 the lands. State agencies shall have the subsequent
24 opportunity to acquire the surplus lands for a period not to
25 exceed 30 days after the offer to a county or local government
26 expires. Surplus properties in which governmental agencies
27 have expressed no interest shall then be available for sale on
28 the private market.
29 (g) Lands determined to be surplus pursuant to this
30 subsection shall be sold for appraised fair market value or
31 the price paid by the state or a water management district to
4
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 originally acquire the lands, whichever is greater, except
2 when the board or its designee determines a different sale
3 price is in the public interest. However, for those that the
4 price of lands sold as surplus to any unit of government, the
5 price shall not exceed the price paid by the state or a water
6 management district to originally acquire the lands. A unit of
7 government which acquires title to lands hereunder for less
8 than appraised fair market value may not sell or transfer
9 title to all or any portion of the lands to any private owner
10 for a period of 10 years. Any unit of government seeking to
11 transfer or sell lands pursuant to this paragraph shall first
12 allow the board of trustees to reacquire such lands. The
13 board of trustees may reacquire such lands for the price at
14 which they sold such lands.
15 (h) Where a unit of government acquired land by gift,
16 donation, grant, quit-claim deed, or other such conveyance
17 where no monetary consideration was exchanged, the price of
18 land sold as surplus may be based on one appraisal. In the
19 event that a single appraisal yields a value equal to or
20 greater than $1 million, a second appraisal is required. shall
21 not exceed the fair market value of the lands. Fair market
22 value shall be determined by the average of two separate
23 appraisals. The individual or entity requesting the surplus
24 shall select and use appraisers from the list of approved
25 appraisers maintained by the Division of State Lands in
26 accordance with s. 253.025(6)(b). The individual or entity
27 requesting the surplus is to incur all costs of the
28 appraisals.
29 (i) After reviewing the recommendations of the council
30 or its successor, the board shall determine whether lands
31 identified for surplus are to be held for other public
5
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purposes or whether such lands are no longer needed. The
2 board may require an agency to release its interest in such
3 lands. For an agency that has requested the use of a property
4 that was to be declared as surplus, said agency must have the
5 property under lease within six months of the date of
6 expiration of the notice provisions required under ss.
7 253.034(6) and 253.111.
8 (j) Requests for surplusing may be made by any public
9 or private entity or person. All requests shall be submitted
10 to the lead managing agency for review and recommendation to
11 the council or its successor. Lead managing agencies shall
12 have 90 days to review such requests and make recommendations.
13 Any surplusing requests that have not been acted upon within
14 the 90-day time period shall be immediately scheduled for
15 hearing at the next regularly scheduled meeting of the council
16 or its successor. Requests for surplusing pursuant to this
17 paragraph shall not be required to be offered to local or
18 state governments as provided in paragraph (f).
19 (k) Proceeds from any sale of surplus lands pursuant
20 to this subsection shall be deposited into the fund from which
21 such lands were acquired. However, if the fund from which the
22 lands were originally acquired no longer exists, such proceeds
23 shall be deposited into an appropriate account to be used for
24 land management by the lead managing agency assigned the lands
25 prior to the lands being declared surplus. Funds received from
26 the sale of surplus nonconservation lands, or lands that were
27 acquired by gift, by donation, or for no consideration, shall
28 be deposited into the Internal Improvement Trust Fund.
29 (l) Notwithstanding the provisions of this subsection,
30 no such disposition of land shall be made if such disposition
31 would have the effect of causing all or any portion of the
6
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 interest on any revenue bonds issued to lose the exclusion
2 from gross income for federal income tax purposes.
3 (m) The sale of filled, formerly submerged land that
4 does not exceed 5 acres in area is not subject to review by
5 the council or its successor.
6 Section 2. Subsection (3) of section 253.111, Florida
7 Statutes, is amended, and paragraph (c) is added to subsection
8 (6) of said section, to read:
9 253.111 Notice to board of county commissioners before
10 sale.--The Board of Trustees of the Internal Improvement Trust
11 Fund of the state may not sell any land to which they hold
12 title unless and until they afford an opportunity to the
13 county in which such land is situated to receive such land on
14 the following terms and conditions:
15 (3) If the board receives, within 45 days after notice
16 is given to the board of county commissioners pursuant to
17 subsection (1), the certified copy of the resolution provided
18 for in subsection (2), the board shall forthwith convey to the
19 county such land at a price that is equal to its appraised
20 market value established by generally accepted professional
21 standards for real estate appraisal and subject to such other
22 terms and conditions as the board determines.
23 (6) This section does not apply to:
24 (a) Any land exchange approved by the board; or
25 (b) The conveyance of any lands located within the
26 Everglades Agricultural Area; or.
27 (c) Lands managed pursuant to ss. 253.781-253.785.
28 Section 3. Paragraphs (h) and (i) of subsection (5) of
29 section 253.115, Florida Statutes, are amended, and paragraph
30 (j) is added to said subsection, to read:
31 253.115 Public notice and hearings.--
7
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (5) The notice and publication requirements of this
2 section do not apply to:
3 (h) The conveyance of lands pursuant to the provisions
4 of s. 373.4592(4)(b); or
5 (i) Renewals, modifications, or assignments; or.
6 (j) Lands managed pursuant to ss. 253.781-253.785.
7 Section 4. Section 253.781, Florida Statutes, is
8 amended to read:
9 253.781 Retention of state-owned lands along former
10 Cross Florida Barge Canal route; creation of Marjorie Harris
11 Carr Cross Florida Greenway Greenways State Recreation and
12 Conservation Area; authorizing transfer to the Federal
13 Government for inclusion in Ocala National Forest.--
14 (1) It is the intent of the Legislature to conserve
15 and protect the natural resources and scenic beauty of the
16 Ocklawaha Oklawaha River Valley and all lands and interests
17 formerly acquired by the state or Federal Government for
18 construction and operation of the Cross Florida Barge Canal.
19 It is the finding of the Legislature that these areas have a
20 significant impact upon environmental and recreational
21 resources of statewide importance and that public ownership of
22 and access to such areas are necessary and desirable to
23 protect the health, welfare, safety, and quality of life of
24 the residents of this state and to implement s. 7, Art. II of
25 the State Constitution. It is further the finding of the
26 Legislature that retention of ownership and control of the
27 majority of the lands by the state and the ownership and
28 control of additional portions by the Federal Government as
29 part of the Ocala National Forest will properly protect and
30 conserve the natural resources and scenic beauty of Florida,
31 enhance recreational opportunities, and be in the public
8
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 interest. To achieve these goals, the Legislature hereby
2 creates the Marjorie Harris Carr Cross Florida Greenway
3 Greenways State Recreation and Conservation Area.
4 (2) The department is authorized to transfer for
5 consideration ownership of all lands or interests in lands
6 previously owned by the canal authority contained within the
7 existing boundary of the Ocala National Forest and any
8 extension of the boundary of the Ocala National Forest in
9 Putnam County to the United States Department of Agriculture
10 for the purpose of inclusion in the Ocala National Forest.
11 (3) The Board of Trustees of the Internal Improvement
12 Trust Fund may acquire by purchase, exchange of other state
13 lands, or the exercise of the power of eminent domain the fee
14 title to lands acquired in less-than-fee title and to
15 privately owned lands that break the continuity of publicly
16 owned lands within the original canal corridor as specified in
17 the University Planning Team Greenway Management Plan along
18 the canal route, using canal authority assets transferred to
19 the department or using state, local, or federal funds
20 dedicated to acquiring lands for conservation and recreation.
21 The Legislature finds that such exercise of the power of
22 eminent domain to accomplish the purposes of this section is
23 necessary and for a public purpose. Such power of eminent
24 domain must be exercised pursuant to chapter 73.
25 (4) Lands transferred pursuant to this section by the
26 department may reserve existing road rights-of-way.
27 Section 5. Section 253.7821, Florida Statutes, is
28 amended to read:
29 253.7821 Marjorie Harris Carr Cross Florida Greenway
30 Greenways State Recreation and Conservation Area assigned to
31 the Office of the Executive Director.--The Marjorie Harris
9
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Carr Cross Florida Greenway Greenways State Recreation and
2 Conservation Area (Greenway) is hereby established and is
3 initially assigned to the Office of Greenways and Trails
4 Management within the Office of the Secretary. The office
5 shall manage the Greenway greenways pursuant to the
6 department's existing statutory authority until administrative
7 rules are adopted by the department. However, the provisions
8 of this act shall control in any conflict between this act and
9 any other authority of the department.
10 Section 6. Section 253.7822, Florida Statutes, is
11 amended to read:
12 253.7822 Boundaries of the Marjorie Harris Carr Cross
13 Florida Greenway Greenways State Recreation and Conservation
14 Area; coordination of management activities.--
15 (1) The initial boundaries of the Greenway greenways
16 shall be as follows, as described in the August 30, 1992,
17 management plan published by the University of Florida
18 University Planning Team:
19 (a) Segments 1, 2, 5, 6, 7, 8, and 9 of the Base
20 Boundary.
21 (b) Segments 3 and 4 of the Payback Boundary II.
22 (2) The Board of Trustees of the Internal Improvement
23 Trust Fund is authorized to modify the recommended Greenway
24 boundary as described in subsection (1) to include other
25 contiguous lands acquired after the effective date of this act
26 which are suitable for recreation, conservation, or as
27 wildlife corridors within the greenways. The board is also
28 authorized to modify the Greenway greenways boundaries as
29 needed to resolve boundary disputes and to reflect the sale of
30 surplus lands; however, no such modifications may result in a
31 discontinuous corridor or a corridor less than 300 yards in
10
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 width, except as provided for by federal law.
2 (3) If lands located outside the greenways boundaries
3 are designated by the Board of Trustees of the Internal
4 Improvement Trust Fund as important to the overall management
5 of the greenways and are purchased by other land acquisition
6 programs, or are otherwise made available for management, the
7 board may direct the greenways-managing entity to coordinate
8 management activities to enhance the greenways to the greatest
9 extent possible, or assume lead agency responsibilities when
10 appropriate.
11 Section 7. Section 253.7823, Florida Statutes, is
12 amended to read:
13 253.7823 Disposition of surplus lands; compensation of
14 counties located within the Cross Florida Canal Navigation
15 District.--
16 (1) The Board of Trustees of the Internal Improvement
17 Trust Fund may authorize the sale or exchange of surplus lands
18 within the former Cross Florida Barge Canal project corridor.
19 In identifying such surplus lands, the department shall give
20 consideration to those lands that are determined to be
21 unnecessary to effectuate the creation of recreational
22 opportunities and conservation activities for which the
23 Marjorie Harris Carr Cross Florida Greenway State Recreation
24 and Conservation Area was created.
25 (2) Sale or exchange of said surplus lands within the
26 former corridor, except for lands acquired under the
27 Preservation 2000 or Florida Forever programs, shall be
28 subject to the requirements of s. 253.783.
29 (3) Any fees from leases or easements or any proceeds
30 from the sale or exchange of lands within the former corridor,
31 except for fees from the sale or exchange of lands acquired
11
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 under the Preservation 2000 or Florida Forever programs, shall
2 be deposited into the Land Acquisition Trust Fund.
3 (1) The department shall identify parcels of former
4 barge canal lands which may be sold or exchanged as needed to
5 repay the counties of the Cross Florida Canal Navigation
6 District any sums due them pursuant to s. 253.783(2)(e). In
7 identifying said surplus lands, the department shall give
8 priority consideration to lands situated outside the
9 greenways' boundaries, those not having high recreation or
10 conservation values, and those having the greatest assessed
11 valuations. Although the department shall immediately begin to
12 identify the parcels of surplus lands to be sold, the
13 department shall offer the lands for sale in a manner designed
14 to maximize the amounts received over a reasonable period of
15 time.
16 (2) Disbursements of amounts due the counties shall be
17 made on a semiannual basis and shall be completed before any
18 additional lands or easements may be acquired within the
19 boundaries of the greenways.
20 (3) In addition to lands identified for sale to
21 generate funds for repayment of counties pursuant to s.
22 253.783(2)(e), the department is authorized to sell surplus
23 additional former canal lands if they are determined to be
24 unnecessary to the effective provision of the type of
25 recreational opportunities and conservation activities for
26 which the greenways were created.
27 (4) Until repayment to the counties pursuant to s.
28 253.783(2)(e) has been completed, any agency wishing to use
29 former canal lands must pay the full assessed value of said
30 lands.
31 Section 8. Subsections (1) and (2) and paragraphs (c)
12
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and (d) of subsection (4) of section 253.7825, Florida
2 Statutes, are amended to read:
3 253.7825 Recreational uses.--
4 (1) The Marjorie Harris Carr Cross Florida Greenway
5 Greenways State Recreation and Conservation Area must be
6 managed as a multiple-use area pursuant to s. 253.034(2)(a),
7 and as further provided herein. The University of Florida
8 Management Plan provides a conceptual recreational plan that
9 may ultimately be developed at various locations throughout
10 the Greenway greenways corridor. The plan proposes to locate a
11 number of the larger, more comprehensive and complex
12 recreational facilities in sensitive, natural resource areas.
13 Future site-specific studies and investigations must be
14 conducted by the department to determine compatibility with,
15 and potential for adverse impact to, existing natural
16 resources, need for the facility, the availability of other
17 alternative locations with reduced adverse impacts to existing
18 natural resources, and the proper specific sites and locations
19 for the more comprehensive and complex facilities.
20 Furthermore, it is appropriate, with the approval of the
21 department, to allow more fishing docks, boat launches, and
22 other user-oriented facilities to be developed and maintained
23 by local governments.
24 (2) In determining appropriate recreational uses of
25 Greenway greenways lands, the promotion and development of
26 resources-based activities shall be given priority
27 consideration, although user-oriented activities shall not be
28 arbitrarily prohibited when site-specific studies indicate
29 compatibility of the proposed use with natural or cultural
30 resources.
31 (4)
13
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (c) Resources-based recreational activities associated
2 with the horse park-agricultural center, including, but not
3 limited to, recreational trails, trails for endurance or
4 competitive riding, steeplechase, and other related activities
5 may be permitted within the Greenway greenways boundary. The
6 Office of Greenways and Trails greenways managing entity shall
7 retain jurisdiction over such activities occurring within the
8 Greenway greenways boundary.
9 (d) Those activities and structures associated with
10 the horse park-agricultural center which are determined by the
11 Office of Greenways and Trails greenways managing entity to be
12 inappropriate uses of Greenway greenways lands shall be sited
13 on lands outside the Greenway greenways boundary.
14 Section 9. Section 253.7827, Florida Statutes, is
15 amended to read:
16 253.7827 Transportation and utility crossings of
17 Greenway greenways lands.--
18 (1) The Legislature recognizes that from time to time
19 it may be necessary to serve statewide public needs by
20 allowing transportation and utility uses to cross the Greenway
21 greenways lands. When these crossings are needed, the
22 location and design should consider and mitigate the impact on
23 environmental resources, and the value of the land shall be
24 paid based on fair market value.
25 (2) In furtherance of previous legislative decisions
26 and policy, the Legislature recognizes the need for the
27 Lebanon Station-to-Wildwood Turnpike toll road extension and
28 the need for it to cross Greenway greenways lands at the
29 intersection of State Road 200 and State Road 484. The
30 Department of Transportation shall pay fair compensation for
31 the lands needed to accomplish the crossing of Greenway
14
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 greenways lands and shall mitigate the impacts of the crossing
2 to the extent practicable practical.
3 (3) Furthermore, the Legislature recognizes the needs
4 expressed by Marion County to provide for the southerly
5 extension of Sixtieth Avenue between State Road 200 and
6 Interstate 75 and for the extension to cross the Greenway
7 greenways lands to allow for the orderly growth and
8 development of Marion County. Right-of-way for this extension
9 across Greenway greenways lands shall be designed to mitigate
10 the impacts to the extent practicable practical, and the value
11 of such lands shall be paid based on fair market value or, at
12 the option of Marion County, the value can be subtracted from
13 the amount of reimbursement due the county pursuant to s.
14 253.783.
15 Section 10. Section 253.7828, Florida Statutes, is
16 amended to read:
17 253.7828 Impairment of use or conservation by agencies
18 prohibited.--All agencies of the state, regional planning
19 councils, water management districts, and local governments
20 shall recognize the special character of the lands and waters
21 designated by the state as the Marjorie Harris Carr Cross
22 Florida Greenway Greenways State Recreation and Conservation
23 Area and shall not take any action which will impair its use
24 and conservation.
25 Section 11. Section 253.7829, Florida Statutes, is
26 amended to read:
27 253.7829 Management plan for retention or disposition
28 of former Cross Florida Barge Canal lands; authority to manage
29 lands until disposition.--
30 (1) It is declared to be in the public interest that
31 the department shall do and is hereby authorized to perform
15
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 any management activities for the public purposes described in
2 this section, and incur any and all expenses necessary,
3 convenient, and proper to:
4 (a) Provide updates as needed to the management plan
5 for the Marjorie Harris Carr Cross Florida Greenway State
6 Recreation and Conservation Area submitted to the Governor and
7 Cabinet on August 30, 1992. Updates will reflect boundary
8 amendments due to acquistion of additional lands; boundary
9 amendments due to surplus of lands identified in the
10 recommended boundary as described in s. 253.7822(1)(a) and
11 (b), and any changes in management activities.
12 (b) Operate and maintain existing lands and interests
13 in lands, appurtenances, structures, and facilities.
14 Operation and maintenance of water control structures may be
15 delegated by the department to the St. Johns River Water
16 Management District or the Southwest Florida Water Management
17 District, as necessary. Rights-of-way necessary for the
18 construction and maintenance of electric transmission lines
19 may be authorized.
20 (2) The development of hydroelectric power is a
21 compatible use of Greenway lands and may be considered by the
22 Board of Trustees of the Internal Improvement Trust Fund as an
23 allowable use within the Greenway boundary of Lake Rousseau
24 and the lower Withlacoochee River, provided that such
25 hydroelectric power complies with all requisite state and
26 federal environmental and water management standards.
27 (3) The final disposition of the water control
28 structures must be outlined in the management plan as adopted
29 by the Legislature. Such plan shall not be implemented until
30 state legislation specifically directing implementation of the
31 submitted plan or a modified plan, as recommended, becomes
16
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 effective.
2 (1) It is declared to be in the public interest that
3 the department shall do and is hereby authorized to do any and
4 all things and incur and pay from the canal authority assets,
5 for the public purposes described herein, any and all expenses
6 necessary, convenient, and proper to:
7 (a) Develop a management plan for the retention or
8 disposition of lands acquired for the Cross Florida Barge
9 Canal to be submitted to the Governor and Cabinet no later
10 than 2 years after the date of enactment of the Cross Florida
11 Barge Canal deauthorization act, which plan shall reflect a
12 consideration of alternatives for disposition as provided in
13 this section of all lands in fee or less than fee owned by the
14 Board of Trustees of the Internal Improvement Trust Fund,
15 including those lands previously owned by the canal authority
16 and the United States Army Corps of Engineers, and lands to be
17 transferred to the state by the United States Army Corps of
18 Engineers. The management plan shall establish a plan for
19 delineating the specific boundaries of the Cross Florida
20 Greenways State Recreation and Conservation Area. The
21 Legislature intends that such boundaries include, at a
22 minimum, a 300-yard-wide corridor, except where the original
23 corridor is a lesser width or except in areas where bridges
24 and roads cross the canal corridor, on former canal lands
25 within the original canal corridor extending from the St.
26 Johns River to the Gulf of Mexico, including all of the
27 Oklawaha River Valley and Rodman Reservoir, and all canal
28 works in all areas whether completed and in use or not, but
29 excluding all parts of Lake Rousseau. Such boundaries may
30 include other former canal lands according to the following
31 criteria:
17
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. The proximity of the lands to former canal corridor
2 lands.
3 2. The environmental sensitivity or importance of the
4 lands or its characteristics as a unique or significant
5 wildlife habitat.
6 3. The proximity of the lands to existing state or
7 federal land which is maintained, at least in part, as natural
8 wildlife habitat, so that the addition of the parcel would
9 function as a wildlife corridor, or as additional habitat.
10 4. The potential of the lands to be developed as
11 outdoor recreation lands.
12
13 Commercially valuable parcels, including those parcels near
14 road crossings, within the canal corridor which do not meet
15 the criteria of subparagraphs 1.-4. and other former canal
16 lands which are not included within the boundaries of the
17 Cross Florida Greenways State Recreation and Conservation Area
18 under the criteria of subparagraphs 1.-4., may be disposed of
19 as surplus lands pursuant to s. 253.783(2)(a)-(d). Such
20 alternatives for disposition will include retention by the
21 state or any agency thereof for the specific public purposes
22 outlined in this paragraph or by the counties or adjacent
23 municipalities for recreational or conservation purposes, and
24 a declaration of lands not to be retained as surplus lands to
25 be disposed of pursuant to s. 253.783(2)(a)-(d). The
26 management plan shall also address any remedial measures
27 necessary to correct any environmental or economic damage
28 caused by works constructed as a part of or as a result of the
29 Cross Florida Barge Canal.
30 (b) Operate and maintain existing lands and interests
31 in lands, appurtenances, structures, and facilities. Operation
18
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and maintenance of water control structures may be delegated
2 by the department to the St. Johns River Water Management
3 District or the Southwest Florida Water Management District,
4 as necessary. Rights-of-way necessary for the construction and
5 maintenance of electric transmission lines may be authorized.
6 (2) The development of hydroelectric power is a
7 compatible use of greenway land and may be considered by the
8 Board of Trustees of the Internal Improvement Trust Fund as an
9 allowable use within the greenways of Lake Rousseau and the
10 lower Withlacoochee River, provided that such hydroelectric
11 power complies with all requisite state and federal
12 environmental and water management standards.
13 (3)(a) Before taking any action to control the rhesus
14 monkey population located in Marion County, the Fish and
15 Wildlife Conservation Commission shall conduct a study of the
16 options available to them to deal with control of the rhesus
17 monkeys located within a 10-mile radius of the convergence of
18 the Oklawaha and Silver Rivers. The options studied shall
19 include but not be limited to:
20 1. Developing a management plan to allow the monkeys
21 to remain in their present locations.
22 2. Relocating all or some of the monkeys to
23 appropriate private state or federal lands in the United
24 States.
25 3. Sterilizing all or some of the monkeys, regardless
26 of whether they remain in their present location or are
27 relocated.
28 4. Euthanizing all or some of the monkeys.
29 (b) During the time the study is being conducted, the
30 Fish and Wildlife Conservation Commission may control monkeys
31 that constitute a threat to visitors to such area. Such
19
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 control includes, but is not limited to, the right to deny
2 public access to any area where the monkeys are known to
3 congregate. The Fish and Wildlife Conservation Commission
4 shall post adequate warning signs in areas to which the public
5 is denied access.
6 (c) The Fish and Wildlife Conservation Commission may
7 consult with any other local or state agency while conducting
8 the study and may subcontract with any such agency to complete
9 the study.
10 (d) The study of the options shall be delivered to the
11 Board of Trustees of the Internal Improvement Trust Fund.
12 (e) Nothing in this subsection affects the signed
13 agreement between the department and the Silver Springs
14 Attraction regarding the relocation of rhesus monkeys from
15 Silver River State Park to the attraction, and such agreement
16 continues to be valid.
17 (4) The Board of Trustees of the Internal Improvement
18 Trust Fund may authorize the sale or exchange of surplus lands
19 within the former Cross Florida Barge Canal project corridor
20 and the acquisition of privately owned lands or easements over
21 such privately owned lands within the project corridor
22 necessary for purposes of completing a continuous corridor or
23 for other management purposes provided by law. However, such
24 acquisition shall be funded from the proceeds of any sale or
25 exchange of surplus canal lands after repayment to the
26 counties, as provided in s. 253.783(2)(e), or from other funds
27 appropriated by the Legislature.
28 (5) The management plan shall specifically and in
29 sufficient detail address the canal corridor lands comprising
30 the Oklawaha River Valley, identifying the recreational and
31 scientific management options which are environmentally
20
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 desirable and cost-effective. The management plan shall be
2 consistent with the ultimate aim of developing an overall
3 integrated management plan for continued preservation of the
4 entire Oklawaha River Valley ecosystem.
5 (6) The management plan shall be prepared by the
6 department. The management plan shall be submitted to the
7 Governor, the President of the Senate, the Speaker of the
8 House of Representatives, the minority leaders of the Senate
9 and the House of Representatives, and the chairs of the Senate
10 Committee on Natural Resources and Conservation and the House
11 Committee on Natural Resources, no later than 2 years from the
12 deauthorization of the Cross Florida Barge Canal. Operation
13 and maintenance of water control structures shall be delegated
14 to the Southwest Florida Water Management District and the St.
15 Johns River Water Management District or a responsible entity
16 contracted by the districts during the period from November
17 28, 1992, until the management plan is completed by the canal
18 authority and is adopted by the Legislature. The final
19 disposition of the water control structures must be outlined
20 in this management plan as adopted by the Legislature. Such
21 plan shall not be implemented until state legislation
22 specifically directing implementation of the submitted plan or
23 a modified plan, as recommended, becomes effective.
24 Section 12. Paragraphs (a) and (e) of subsection (2)
25 of section 253.783, Florida Statutes, are amended to read:
26 253.783 Additional powers and duties of the
27 department; disposition of surplus lands; payments to
28 counties.--
29 (2) It is declared to be in the public interest that
30 the department shall do and is hereby authorized to do any and
31 all things and incur and pay, for the public purposes
21
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 described herein, any and all expenses necessary, convenient,
2 and proper to:
3 (a) Offer any land declared to be surplus, at current
4 appraised value, to the counties in which the surplus land
5 lies, for acquisition for specific public purposes. Any
6 county, at its option, may elect to acquire any lands so
7 offered without monetary payment. The fair market value of
8 any parcels so transferred shall be subtracted from the
9 county's reimbursement under paragraph (e). These offers will
10 be made within 3 calendar months after the date the management
11 plan is adopted and will be valid for 180 days after the date
12 of the offer.
13 (e) Refund to the counties of the Cross Florida Canal
14 Navigation District moneys pursuant to this paragraph from the
15 funds derived from the conveyance of lands of the project to
16 the Federal Government or any agency thereof, pursuant to s.
17 253.781, and from the sales of surplus lands pursuant to this
18 section. Following federal deauthorization of the project,
19 such refunds shall consist of the $9,340,720 principal in ad
20 valorem taxes contributed by the counties and the interest
21 which had accrued on that amount from the time of payment to
22 June 30, 1985. In no event shall the counties be paid less
23 than the aggregate sum of $32 million in cash or the appraised
24 values of the surplus lands. Such refunds shall be in
25 proportion to the ad valorem tax share paid to the Cross
26 Florida Canal Navigation District by the respective counties.
27 Should the funds derived from the conveyance of lands of the
28 project to the Federal Government for payment or from the sale
29 of surplus land be inadequate to pay the total of the
30 principal plus interest, first priority shall be given to
31 repaying the principal and second priority shall be given to
22
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 repaying the interest. Interest to be refunded to the counties
2 shall be compounded annually at the following rates:
3 1937-1950, 4 percent; 1951-1960, 5 percent; 1961-1970, 6
4 percent; 1971-1975, 7 percent; 1976-June 30, 1985, 8 percent.
5 In computing interest, amounts already repaid to the counties
6 shall not be subject to further assessments of interest. Any
7 partial repayments provided to the counties under this act
8 shall be considered as contributing to the total repayment
9 owed to the counties. Should the funds generated by conveyance
10 to the Federal Government and sales of surplus lands be more
11 than sufficient to repay said counties in accordance with this
12 section, such excess funds may be used for the maintenance of
13 the greenways corridor.
14 Section 13. Subsection (2) of section 253.82, Florida
15 Statutes, is amended to read:
16 253.82 Title of state or private owners to Murphy Act
17 lands.--
18 (2)(a) The title to any land which was acquired by the
19 state under chapter 18296, Laws of Florida, 1937, except those
20 parcels which have been sold, conveyed, dedicated, or released
21 by the state pursuant to subsection (1), is hereby vested in
22 the Board of Trustees of the Internal Improvement Trust Fund.
23 (b) Land to which title is vested in the board of
24 trustees by paragraph (a) shall be treated in the same manner
25 as other nonsovereignty lands owned by the board. However,
26 any parcel of land the title to which is vested in the Board
27 of Trustees of the Internal Improvement Trust Fund pursuant to
28 this section which is 10 5 acres or less in size and has an
29 appraised market value of $250,000 $100,000 or less is hereby
30 declared surplus, except for lands determined to be needed for
31 state use, and may be sold in any manner provided by law. Only
23
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 one appraisal shall be required for a sale of such land. All
2 proceeds from the sale of such land shall be deposited into
3 the Internal Improvement Trust Fund. The Board of Trustees of
4 the Internal Improvement Trust Fund is authorized to adopt
5 rules to implement the provisions of this subsection
6 Conservation and Recreation Lands Trust Fund.
7 (c) The holder of a claim or lien against land vested
8 in the board of trustees by paragraph (a), including a
9 municipality or special taxing district, has until October 1,
10 1985, to institute suit in a court of competent jurisdiction
11 to establish or enforce the claim or lien. The failure to
12 institute suit by October 1, 1985, is conclusive evidence of
13 abandonment of the claim or lien, and such claim or lien will
14 become unenforceable. This paragraph shall not operate to
15 revive any claim or lien previously extinguished by operation
16 of law.
17 Section 14. Section 253.86, Florida Statutes, is
18 created to read:
19 253.86 Management and use of state-owned or other
20 uplands; rulemaking authority.--
21 (1) The Office of Coastal and Aquatic Managed Areas of
22 the Department of Environmental Protection shall have the
23 authority to promulgate rules to govern the management and use
24 of state-owned or other uplands assigned to it for management.
25 Such rules may include, but shall not be limited to,
26 establishing prohibited activities or restrictions on
27 activities, consistent with the purposes for which the lands
28 were acquired, designated, or dedicated, and charging fees for
29 use of lands. All fees collected shall be used for the
30 management of uplands managed by the office.
31 (2) Any person violating or otherwise failing to
24
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 comply with the rules adopted under this section commits a
2 noncriminal violation as defined in s. 775.08(3), punishable
3 by fine, not to exceed $500 per violation.
4 Section 15. Section 259.0324, Florida Statutes, is
5 created to read:
6 259.0324 Citizenship Conservation and Education
7 Program.--
8 (1) There is created the Citizenship Conservation and
9 Education Program to assist the state in the management of its
10 conservation and recreation lands and to educate residents and
11 visitors, especially children.
12 (2) The Legislature finds that:
13 (a) Informed citizen participation is necessary to
14 improve and expand efforts to preserve, conserve, and restore
15 our natural heritage and environment.
16 (b) Many children are not afforded scientific
17 place-based opportunities to gain hands-on experience or
18 knowledge that supports understanding of our natural world.
19 (c) Many families and individuals, especially those
20 living in urban environments, are not aware of or do not have
21 sufficient access to Florida's extensive conservation and
22 recreational lands.
23 (d) Many residents and visitors have little knowledge
24 of the composition of ecosystems and the impact of various
25 activities on them.
26 (3) As used in this section:
27 (a) "Agency" means any governmental entity receiving
28 funds for management purposes pursuant to s. 259.032.
29 (b) "Conservation education" means the practice of
30 providing outdoor experiences and interpretation regarding
31 natural systems, plants, animals, and water, and
25
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 interconnections among them.
2 (c) "Conservation education destinations" means public
3 lands and buildings used for the purpose of providing
4 educational experiences and information.
5 (d) "Conservation education providers" means
6 organizations that currently or may at some time offer to
7 provide conservation education experiences or destinations. At
8 a minimum, any such providers shall be:
9 1. A Florida corporation not for profit incorporated
10 under the provisions of chapter 617 and approved by the
11 Department of State.
12 2. Organized and operated to conduct programs and
13 activities; raise funds; request and receive grants, gifts,
14 and bequests of money; acquire, receive, hold, invest, and
15 administer, in its own name, securities, funds, objects of
16 value, or other property, real or personal; and make
17 expenditures to or for the direct or indirect benefit of
18 conservation and recreational lands owned by the state.
19 3. Determined by the appropriate lead managing agency
20 to be consistent with the goals of that agency and in the best
21 interests of the state.
22 4. Approved in writing by the appropriate lead
23 managing agency to operate for the direct or indirect benefit
24 of publicly owned conservation and recreational lands. Such
25 approval shall be given in a letter of agreement from the lead
26 managing agency.
27 (4) Agencies may permit, without charge, appropriate
28 use of fixed property and facilities on their conservation and
29 recreation lands by conservation education providers, subject
30 to the provisions of this section. Such use shall be directly
31 in keeping with the approved purposes of the conservation
26
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 education provider and may not be made at times or places that
2 would unreasonably interfere with opportunities for the
3 general public to use the property or facilities.
4 (5) Agencies may prescribe by rule any condition with
5 which a conservation education provider shall comply in order
6 to use fixed property or facilities.
7 (6) Agencies shall not permit the use of any fixed
8 property or facilities by a conservation education provider
9 that does not provide equal membership and employment
10 opportunities to all persons regardless of race, color,
11 religion, sex, age, or national origin.
12 (7) Agencies are authorized to properly recognize and
13 honor conservation education providers who make donations of
14 matching funds by placing a plaque or other appropriate
15 designation noting the contribution to project facilities, or
16 by naming project facilities after the provider who made the
17 donation.
18 (8) Agencies are authorized to adopt necessary
19 administrative rules to carry out the purposes of this
20 section.
21 Section 16. Subsections (1), (7), (8) and (9) of
22 section 259.0345, Florida Statutes, are amended to read:
23 259.0345 Florida Forever Advisory Council.--
24 (1)(a) There is hereby created the Florida Forever
25 Advisory Council, consisting of seven residents of this state
26 who shall be appointed by the Governor. The appointments
27 shall include one member from within the geographic boundaries
28 of each water management district who has resided in the
29 district for at least 1 year. The remaining appointments
30 shall come from the state at large. The membership of the
31 council shall be representative of agriculture, the
27
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 development community, local government, the environmental
2 community, and the scientific and technical community who have
3 substantial experience in areas of land, water, and wildlife
4 management and other related areas.
5 (b) The members appointed by the Governor shall serve
6 3-year terms, except that, initially, to provide for staggered
7 terms, three of the appointees shall serve 2-year terms. No
8 appointee shall serve more than 6 years. The Governor may at
9 any time fill a vacancy for the unexpired term of a member
10 appointed under paragraph (a).
11 (c) Additionally, the President of the Senate and the
12 Speaker of the House of Representatives shall each appoint one
13 ad hoc nonvoting member from their respective chambers. Such
14 members shall be appointed from a standing committee that has
15 a jurisdictional responsibility for the Department of
16 Environmental Protection. These appointees shall serve for
17 the duration of the term of the appointing President or
18 Speaker.
19 (c)(d) No person who is or has been a lobbyist as
20 defined in s. 112.3148, at any time during the 24 months
21 preceding appointment to the council, for any entity whose
22 interests could be affected by actions or decisions of the
23 council, shall be appointed to the council.
24 (d)(e) The council shall, at a minimum, meet twice a
25 year.
26 (7) The council shall provide a report, by December
27 15, 2000, to the Secretary of Environmental Protection, who
28 shall forward the report to the board of trustees for their
29 approval. After approval by the board of trustees, the
30 secretary shall forward the approved report to the President
31 of the Senate and the Speaker of the House of Representatives,
28
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 prior to the beginning of the 2001 Regular Legislative
2 Session, for review by the appropriate substantive legislative
3 committee from which the Florida Forever Act originated, or
4 its successor. The Legislature may reject, modify, or take no
5 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 solely with respect to
9 the funding provided pursuant to s. 259.105(3)(b):
10 (a) Establish specific goals for those identified in
11 s. 259.105(4).
12 (b) Provide recommendations expanding or refining the
13 goals identified in s. 259.105(4).
14 (c) Identify specific performance measures that may be
15 used to analyze progress towards the goals established.
16
17 It is recognized that during the development of this report,
18 the council may identify other recommendations concerning the
19 implementation of Florida Forever. These recommendations shall
20 be incorporated in the reports identified in subsection (8).
21 (7)(8) The council shall provide a report, at least 30
22 days prior to the regular legislative sessions in the
23 following years: 2002, 2004, 2006 and 2008. The report shall
24 be provided to the Secretary of Environmental Protection, who
25 shall forward the report to the board of trustees for their
26 approval. After approval by the board of trustees, the
27 secretary shall forward the approved report to the President
28 of the Senate and the Speaker of the House of Representatives.
29 The report shall provide: recommendations for adjusting or
30 expanding the goals detailed in s. 259.105(4); recommendations
31 for adjusting the percentage distributions detailed in s.
29
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 259.105(3); and recommendations concerning other aspects of
2 the Florida Forever Act. In making recommendations for
3 adjusting the percentage distributions detailed in s.
4 259.105(3), the council shall consider which agencies have
5 encumbered their funds in a timely manner and unencumbered
6 balances, if any, in each agency's Florida Forever subaccount.
7 The recommendations may include increases in percentage
8 distributions to those agencies that have encumbered Florida
9 Forever funds in a timely manner.
10 (8)(9) The reports required pursuant to subsections
11 (7) and (8) are to be based upon and developed through:
12 (a) Comments received during public hearings, in
13 different areas of the state, held for the purpose of
14 gathering public input and recommendations.
15 (b) Evaluations of Florida's existing public land
16 acquisition programs for conservation, preservation, and
17 recreational purposes, including those administered by the
18 water management districts and the Department of Community
19 Affairs, to determine the extent of Florida's unmet needs for
20 restoration, acquisition, and management of public lands and
21 water areas and for acquisition of privately owned lands and
22 water areas.
23 (c) Material and data developed by the Florida Natural
24 Areas Inventory concerning Florida's conservation lands.
25 Section 17. Subsection (4) of section 259.035, Florida
26 Statutes, is amended to read:
27 259.035 Acquisition and Restoration Council.--
28 (4) The council may use existing rules adopted by the
29 board of trustees, until it develops and recommends amendments
30 to those rules, to competitively evaluate, select, and rank
31 projects eligible for the Conservation and Recreation Lands
30
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 list pursuant to ss. 259.032(3) and 259.101(4) and, beginning
2 no later than May 1, 2001, for Florida Forever funds pursuant
3 to s. 259.105(3)(b). In developing or amending the rules, the
4 council shall give weight to the criteria included in s.
5 259.105(10)(9). The board of trustees shall review the
6 recommendations and shall adopt rules necessary to administer
7 this section.
8 Section 18. Present subsections (4), (7), (8), (13),
9 (14), and (16) of section 259.105, Florida Statutes, are
10 amended, subsections (5) through (20) are renumbered as
11 subsections (6) through (21), respectively, and subsection (5)
12 is added to said section, to read:
13 259.105 The Florida Forever Act.--
14 (4) It is the intent of the Legislature that projects
15 or acquisitions funded pursuant to paragraphs (3)(a) and (b)
16 contribute to the achievement of the following goals and
17 performance measures:
18 (a) Enhance the coordination and completion of land
19 acquisition projects, as measured by:
20 1. The number of acres acquired through the state's
21 land acquisition programs that contribute to the completion of
22 Florida Preservation 2000 projects or projects begun before
23 Florida Preservation 2000;
24 2. The number of acres protected through the use of
25 alternatives to fee-simple acquisition; or
26 3. The number of shared-acquisition projects among
27 Florida Forever funding partners and partners with other
28 funding sources, including local governments and the Federal
29 Government.
30 (b) Increase the protection of Florida's biodiversity
31 at the species, natural community, and landscape levels, as
31
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 measured by:
2 1. The number of acres acquired of significant
3 strategic habitat conservation areas;
4 2. The number of acres acquired of highest priority
5 conservation areas for Florida's rarest species;
6 3. The number of acres acquired of significant
7 landscapes, landscape linkages, and conservation corridors,
8 giving priority to completing linkages;
9 4. The number of acres acquired of underrepresented
10 native ecosystems;
11 5. The number of landscape-sized protection areas of
12 at least 50,000 acres that exhibit a mosaic of predominantly
13 intact or restorable natural communities established through
14 new acquisition projects or augmentations to previous
15 projects; or
16 6. The percentage increase in the number of
17 occurrences of endangered species, threatened species, or
18 species of special concern on publicly managed conservation
19 areas.
20 (c) Protect, restore, and maintain the quality and
21 natural functions of land, water, and wetland systems of the
22 state, as measured by:
23 1. The number of acres of publicly owned land
24 identified as needing restoration, acres undergoing
25 restoration, and acres with restoration activities completed;
26 2. The percentage of water segments that fully meet,
27 partially meet, or do not meet their designated uses as
28 reported in the Department of Environmental Protection's State
29 Water Quality Assessment 305(b) Report;
30 3. The percentage completion of targeted capital
31 improvements in surface water improvement and management plans
32
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 created under s. 373.453(2), regional or master stormwater
2 management system plans, or other adopted restoration plans;
3 4. The number of acres acquired that protect natural
4 floodplain functions;
5 5. The number of acres acquired that protect surface
6 waters of the state;
7 6. The number of acres identified for acquisition to
8 minimize damage from flooding and the percentage of those
9 acres acquired;
10 7. The number of acres acquired that protect fragile
11 coastal resources;
12 8. The number of acres of functional wetland systems
13 protected;
14 9. The percentage of miles of critically eroding
15 beaches contiguous with public lands that are restored or
16 protected from further erosion;
17 10. The percentage of public lakes and rivers in which
18 invasive, nonnative aquatic plants are under maintenance
19 control; or
20 11. The number of acres of public conservation lands
21 in which upland invasive, exotic plants are under maintenance
22 control.
23 (d) Ensure that sufficient quantities of water are
24 available to meet the current and future needs of natural
25 systems and the citizens of the state, as measured by:
26 1. The number of acres acquired which provide
27 retention and storage of surface water in naturally occurring
28 storage areas, such as lakes and wetlands, consistent with the
29 maintenance of water resources or water supplies and
30 consistent with district water supply plans;
31 2. The quantity of water made available through the
33
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 water resource development component of a district water
2 supply plan for which a water management district is
3 responsible; or
4 3. The number of acres acquired of groundwater
5 recharge areas critical to springs, sinks, aquifers, other
6 natural systems, or water supply.
7 (e) Increase natural resource-based public
8 recreational and educational opportunities, as measured by:
9 1. The number of acres acquired that are available for
10 natural resource-based public recreation or education;
11 2. The miles of trails that are available for public
12 recreation, giving priority to those that provide significant
13 connections, including those that will assist in completing
14 the Florida National Scenic Trail; or
15 3. The number of new resource-based recreation
16 facilities, by type, made available on public land.
17 (f) Preserve significant archaeological or historic
18 sites, as measured by:
19 1. The increase in the number of and percentage of
20 historic and archaeological properties listed in the Florida
21 Master Site File or National Register of Historic Places,
22 which are protected or preserved for public use; or
23 2. The increase in the number and percentage of
24 historic and archaeological properties that are in state
25 ownership.
26 (g) Increase the amount of forestland available for
27 sustainable management of natural resources, as measured by:
28 1. The number of acres acquired that are available for
29 sustainable forest management;
30 2. The number of acres of state-owned forestland
31 managed for economic return in accordance with current best
34
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 management practices;
2 3. The number of acres of forestland acquired that
3 will serve to maintain natural groundwater recharge functions;
4 or
5 4. The percentage and number of acres identified for
6 restoration actually restored by reforestation.
7 (h) Increase the amount of open space available in
8 urban areas, as measured by:
9 1. The percentage of local governments that
10 participate in land acquisition programs and acquire open
11 space in urban cores; or
12 2. The percentage and number of acres of purchases of
13 open space within urban service areas.
14 (a) An increase in the level of protection for, or an
15 increase in the populations of, listed plant species, as
16 measured by the number of occurrences, acres of strategic
17 habitat areas, or delisting or redesignation of such species.
18 (b) An increase in the level of protection for, or an
19 increase in the populations of, listed animal species, as
20 measured by the number of occurrences, acres of strategic
21 habitat areas, delisting or redesignation of such species, or
22 the change in long-term survival rates.
23 (c) The restoration of land areas, as measured by a
24 reduction in nonnative species, level of maintenance control
25 of invasive species, reforestation rates, or regeneration of
26 natural communities.
27 (d) An increase in public landholdings needed to meet
28 the goals of this subsection, as measured by the acquisition
29 of lands in fee simple or with less than fee simple
30 alternatives.
31 (e) The completion of projects begun under previous
35
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 land acquisition programs, as measured through the acquisition
2 of land under inholdings and additions programs.
3 (f) An increase in the amount of forest land for
4 sustainable natural resources.
5 (g) An increase in public recreational opportunities,
6 as measured by the acreage available for recreational
7 opportunities or the number of miles available for greenways
8 or trails.
9 (h) A reduction in the amount of pollutants flowing
10 into Florida's surface waters, as measured by a reduction in
11 the number of surface water bodies designated as impaired.
12 (i) The improvement of water recharge rates on public
13 lands, as measured by increased speed of recharge and amount
14 of cubic feet of water made available.
15 (j) The restoration of water areas, as measured by a
16 reduction of nonnative species, level of maintenance control
17 of invasive species, regeneration of natural communities,
18 reduction of excessive sedimentation, removal of impediments,
19 or reduction of shoreline erosion.
20 (k) The protection of natural floodplain functions and
21 prevention of or reduction in flood damage, as measured by the
22 number of acres of floodplain in public ownership.
23 (l) The restoration of degraded water bodies, as
24 measured by the number of goals implemented under a surface
25 water improvement plan or other restoration plans.
26 (m) The restoration of wetlands, as measured by the
27 number of acres of previously converted wetlands returned to a
28 functioning status.
29 (n) The preservation of strategic wetlands, as
30 measured by the number of acres acquired.
31 (o) The preservation of, or reduction of contaminants
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 in, aquifers and springs, as measured by contaminant levels or
2 the number of acres of recharge areas acquired.
3 (p) The implementation of practices that provide
4 sufficient quantities of water available to meet current and
5 future needs of the natural system and residents of the state,
6 as measured by execution of water-resource-development
7 components of the districts' water management plans. However,
8 funds provided for capital improvements under this purpose are
9 limited to those provided the water management districts in
10 paragraph (3)(a).
11 (q) An increase in the state's inventory of historical
12 and cultural sites as measured by the number of sites
13 acquired.
14 (r) An increase in the protection of fragile coastal
15 resources, as measured by the linear feet and acreage of
16 coastline acquired.
17 (s) An increase in the protection of significant
18 surface waters of the state, as measured by the acreage of
19 lands acquired to buffer them.
20 (5) Florida Forever projects and acquisitions funded
21 pursuant to paragraph (3)(c) shall be measured by goals
22 developed by rule by the governing body of the Florida
23 Communities Trust created in s. 380.504.
24 (8)(7)(a) Beginning no later than July 1, 2001, and
25 every year thereafter, the Acquisition and Restoration Council
26 shall accept applications from state agencies, local
27 governments, nonprofit and for-profit organizations, private
28 land trusts, and individuals for project proposals eligible
29 for funding pursuant to paragraph (3)(b). The council shall
30 evaluate the proposals received pursuant to this subsection to
31 ensure that they meet at least one of the criteria under
37
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 subsection (10)(9).
2 (b) Project applications shall contain, at a minimum,
3 the following:
4 1. A minimum of two numeric performance measures that
5 directly relate to the overall goals adopted by the council.
6 Each performance measure shall include a baseline measurement,
7 which is the current situation; a performance standard which
8 the project sponsor anticipates the project will achieve; and
9 the performance measurement itself, which should reflect the
10 incremental improvements the project accomplishes towards
11 achieving the performance standard.
12 2. Proof that property owners within any proposed
13 acquisition have been notified of their inclusion in the
14 proposed project. Any property owner may request the removal
15 of such property from further consideration by submitting a
16 request to the project sponsor or the Acquisition and
17 Restoration Council by certified mail. Upon receiving this
18 request, the council shall delete the property from the
19 proposed project; however, the board of trustees, at the time
20 it votes to approve the proposed project lists pursuant to
21 subsection (17)(16), may add the property back on to the
22 project lists if it determines by a super majority of its
23 members that such property is critical to achieve the purposes
24 of the project.
25 (c) The title to lands acquired under this section
26 shall vest in the Board of Trustees of the Internal
27 Improvement Trust Fund, except that title to lands acquired by
28 a water management district shall vest in the name of that
29 district and lands acquired by a local government shall vest
30 in the name of the purchasing local government.
31 (9)(8) The Acquisition and Restoration Council shall
38
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 develop a project list that shall represent those projects
2 submitted pursuant to subsection (8)(7).
3 (14)(13) An affirmative vote of five members of the
4 Acquisition and Restoration Council shall be required in order
5 to place a proposed project on the list developed pursuant to
6 subsection (9)(8). Any member of the council who by family or
7 a business relationship has a connection with any project
8 proposed to be ranked shall declare such interest prior to
9 voting for a project's inclusion on the list.
10 (15)(14) Each year that bonds are to be issued
11 pursuant to this section, the Acquisition and Restoration
12 Council shall review the most current approved project list
13 and shall, by the first board meeting in May, present to the
14 Board of Trustees of the Internal Improvement Trust Fund for
15 approval a listing of projects developed pursuant to
16 subsection (9)(8). The board of trustees may remove projects
17 from the list developed pursuant to this subsection, but may
18 not add projects or rearrange project rankings.
19 (17)(16) All proposals for projects pursuant to
20 paragraph (3)(b) or subsection (21)(20) shall be implemented
21 only if adopted by the Acquisition and Restoration Council and
22 approved by the board of trustees. The council shall consider
23 and evaluate in writing the merits and demerits of each
24 project that is proposed for Florida Forever funding and each
25 proposed addition to the Conservation and Recreation Lands
26 list program. The council shall ensure that each proposed
27 project will meet a stated public purpose for the restoration,
28 conservation, or preservation of environmentally sensitive
29 lands and water areas or for providing outdoor recreational
30 opportunities and that each proposed addition to the
31 Conservation and Recreation Lands list will meet the public
39
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 purposes under s. 259.032(3) and, when applicable, s.
2 259.101(4). The council also shall determine whether the
3 project or addition conforms, where applicable, with the
4 comprehensive plan developed pursuant to s. 259.04(1)(a), the
5 comprehensive multipurpose outdoor recreation plan developed
6 pursuant to s. 375.021, the state lands management plan
7 adopted pursuant to s. 253.03(7), the water resources work
8 plans developed pursuant to s. 373.199, and the provisions of
9 this section.
10 (21)(20) The Acquisition and Restoration Council, as
11 successors to the Land Acquisition and Management Advisory
12 Council, may amend existing Conservation and Recreation Lands
13 projects and add to or delete from the 2000 Conservation and
14 Recreation Lands list until funding for the Conservation and
15 Recreation Lands program has been expended. The amendments to
16 the 2000 Conservation and Recreation Lands list will be
17 reported to the board of trustees in conjunction with the
18 council's report developed pursuant to subsection (14)(15).
19 Section 19. Subsection (12) is added to section
20 298.22, Florida Statutes, to read:
21 298.22 Powers of supervisors.--The board of
22 supervisors of the district has full power and authority to
23 construct, complete, operate, maintain, repair, and replace
24 any and all works and improvements necessary to execute the
25 water control plan. Subject to the applicable provisions of
26 chapter 373 or chapter 403, the board of supervisors:
27 (12) May construct, manage, or authorize construction
28 and management of resource-based recreational facilities that
29 may include greenways, trails, and associated facilities.
30 Section 20. Section 369.255, Florida Statutes, is
31 amended to read:
40
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 369.255 Green utility ordinances for funding
2 greenspace management and exotic plant control.--
3 (1) LEGISLATIVE FINDING.--The Legislature finds that
4 the proper management of greenspace areas, including, without
5 limitation, the urban forest, greenways, private and public
6 forest preserves, wetlands, and aquatic zones, is essential to
7 the state's environment and economy and to the health and
8 safety of its residents and visitors. The Legislature also
9 finds that the limitation and control of nonindigenous plants
10 and tree replacement and maintenance are vital to achieving
11 the natural systems and recreational lands goals and policies
12 of the state pursuant to s. 187.201(10), the State
13 Comprehensive Plan. It is the intent of this section to
14 enable local governments to establish a mechanism to provide
15 dedicated funding for the aforementioned activities, when
16 deemed necessary by a that county or municipality.
17 (2) In addition to any other funding mechanisms
18 legally available to counties and municipalities to control
19 invasive, nonindigenous aquatic or upland plants and manage
20 urban forest resources, a county or municipality may create
21 one or more green utilities or adopt fees sufficient to plan,
22 restore, and manage urban forest resources, greenways, forest
23 preserves, wetlands, and other aquatic zones and create a
24 stewardship grant program for private natural areas. Counties
25 or municipalities may create, alone or in cooperation with
26 other counties or municipalities pursuant to the Florida
27 Interlocal Cooperation Act, s. 163.01, one or more greenspace
28 management districts to fund the planning, management,
29 operation, and administration of a greenspace management
30 program. The fees shall be collected on a voluntary basis as
31 set forth by the county or municipality and calculated to
41
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 generate sufficient funds to plan, manage, operate, and
2 administer a greenspace management program. Private natural
3 areas assessed according to s. 193.501 would qualify for
4 stewardship grants.
5 (3) This section shall only apply to counties with a
6 population of 500,000 or more and municipalities with a
7 population of 200,000 or more.
8 (4) Nothing in this section shall authorize counties
9 or municipalities to require any nongovernmental entity to
10 collect the fee described in subsection (2) on their behalf.
11 Section 21. Section 7.66, Florida Statutes, is amended
12 to read:
13 7.66 Walton County.--The boundary lines of Walton
14 County are as follows: Beginning on the Alabama state line
15 where same is intersected by the line dividing centrally range
16 eighteen west; thence south on the section lines to the line
17 dividing townships two and three north, in range eighteen
18 west; thence east to the Choctawhatchee River; thence down the
19 thread of the Choctawhatchee River, on the east side of
20 Cowford Island, to a point where said Choctawhatchee River
21 intersects the range line dividing ranges seventeen and
22 eighteen west; thence south on said range line to the Gulf of
23 Mexico; thence in a westwardly direction following the
24 meanderings of said gulf, including the waters of said gulf
25 within the jurisdiction of the State of Florida, to the range
26 line dividing ranges twenty-one and twenty-two west; thence
27 north on said line to the dividing line between Florida and
28 Alabama; thence easterly along said state line to the place of
29 beginning.
30 Section 22. Subsection (18) of section 373.414,
31 Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 373.414 Additional criteria for activities in surface
2 waters and wetlands.--
3 (18) The department and each water management district
4 responsible for implementation of the environmental resource
5 permitting program shall develop a uniform wetland mitigation
6 assessment method no later than October 1, 2001. The
7 department shall adopt the uniform wetland mitigation
8 assessment method by rule no later than January 31, 2002.
9 Rules promulgated pursuant to this subsection shall be
10 submitted to the President of the Senate and the Speaker of
11 the House of Representatives for review by the Legislature no
12 later than 30 days prior to the 2002 regular session, and
13 shall become effective only after legislative review. In its
14 review, the Legislature may reject, modify, or take no action
15 relative to such rules. Once the department adopts the uniform
16 wetland mitigation assessment method by rule, the uniform
17 wetland mitigation assessment method shall be binding on the
18 department, the water management districts, local governments,
19 and any other governmental agencies and shall be the sole
20 means to determine mitigation needed to offset adverse impacts
21 and to award and deduct mitigation bank credits. A water
22 management district and any other governmental agency subject
23 to chapter 120 may apply the uniform wetland mitigation
24 assessment method without the need to adopt it pursuant to s.
25 120.54. It shall be a goal of the department and water
26 management districts that the uniform wetland mitigation
27 assessment method developed be practicable for use within the
28 timeframes provided in the permitting process and result in a
29 consistent process for determining mitigation requirements. It
30 shall be recognized that any such method shall require the
31 application of reasonable scientific judgment. The uniform
43
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 wetland mitigation assessment method must determine the value
2 of functions provided by wetlands and other surface waters
3 considering the current conditions of these areas, utilization
4 by fish and wildlife, location, uniqueness, and hydrologic
5 connection, in addition to the factors listed in s.
6 373.4136(4). The uniform wetland mitigation assessment method
7 shall also account for the expected time-lag associated with
8 offsetting impacts and the degree of risk associated with the
9 proposed mitigation. The uniform wetland mitigation assessment
10 method shall account for different ecological communities in
11 different areas of the state. In developing the uniform
12 wetland mitigation assessment method, the department and water
13 management districts shall consult with approved local
14 programs under s. 403.182 which have an established wetland
15 mitigation program. The department and water management
16 districts shall consider the recommendations submitted by such
17 approved local programs, including any recommendations
18 relating to the adoption by the department and water
19 management districts of any uniform wetland mitigation
20 methodology that has been adopted and used by an approved
21 local program in its established wetland mitigation program.
22 Environmental resource permitting rules may establish
23 categories of permits or thresholds for minor impacts under
24 which the use of the uniform wetland mitigation assessment
25 method will not be required. The application of the uniform
26 wetland mitigation assessment method is not subject to s.
27 70.001. In the event the rule establishing the uniform wetland
28 mitigation assessment method is deemed to be invalid, the
29 applicable rules related to establishing needed mitigation in
30 existence prior to the adoption of the uniform wetland
31 mitigation assessment method, including those adopted by a
44
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 county which is an approved local program under s. 403.182,
2 and the method described in paragraph (b) for existing
3 mitigation banks, shall be authorized for use by the
4 department, water management districts, local governments, and
5 other state agencies.
6 (a) In developing the uniform wetland mitigation
7 assessment method, the department shall seek input from the
8 United States Army Corps of Engineers in order to promote
9 consistency in the mitigation assessment methods used by the
10 state and federal permitting programs.
11 (b) An entity which has received a mitigation bank
12 permit prior to the adoption of the uniform wetland mitigation
13 assessment method shall have impact sites assessed, for the
14 purpose of deducting bank credits, using the credit assessment
15 method, including any functional assessment methodology, which
16 was in place when the bank was permitted; unless the entity
17 elects to have its credits redetermined, and thereafter have
18 its credits deducted, using the uniform wetland mitigation
19 assessment method.
20 Section 23. Paragraph (b) of subsection (3) of section
21 403.1835, Florida Statutes, is amended to read:
22 403.1835 Water pollution control financial
23 assistance.--
24 (3) The department may provide financial assistance
25 through any program authorized under s. 603 of the Federal
26 Water Pollution Control Act (Clean Water Act), Pub. L. No.
27 92-500, as amended, including, but not limited to, making
28 grants and loans, providing loan guarantees, purchasing loan
29 insurance or other credit enhancements, and buying or
30 refinancing local debt. This financial assistance must be
31 administered in accordance with this section and applicable
45
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 federal authorities. The department shall administer all
2 programs operated from funds secured through the activities of
3 the Florida Water Pollution Control Financing Corporation
4 under s. 403.1837, to fulfill the purposes of this section.
5 (b) The department may make or request the corporation
6 to make loans, grants, and deposits to other entities eligible
7 to participate in the financial assistance programs authorized
8 under the Federal Water Pollution Control Act, or as a result
9 of other federal action, which entities may pledge any revenue
10 available to them to repay any funds borrowed. Notwithstanding
11 s. 18.10, the department may make deposits to financial
12 institutions that earn less than the prevailing rate for
13 United States Treasury securities with corresponding
14 maturities for the purpose of enabling such financial
15 institutions to make below-market interest rate loans to
16 entities qualified to receive loans under this section and the
17 rules of the department.
18 Section 24. Paragraph (t) is added to subsection (2)
19 of section 403.813, Florida Statutues, to read:
20 403.813 Permits issued at district centers;
21 exceptions.--
22 (2) No permit under this chapter, chapter 373, chapter
23 61-691, Laws of Florida, or chapter 25214 or chapter 25270,
24 1949, Laws of Florida, shall be required for activities
25 associated with the following types of projects; however,
26 except as otherwise provided in this subsection, nothing in
27 this subsection relieves an applicant from any requirement to
28 obtain permission to use or occupy lands owned by the Board of
29 Trustees of the Internal Improvement Trust Fund or any water
30 management district in its governmental or proprietary
31 capacity or from complying with applicable local pollution
46
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 control programs authorized under this chapter or other
2 requirements of county and municipal governments:
3 (t) A floating vessel platform or floating boat lift
4 either of which floats at all times in the water for the sole
5 purpose of supporting a vessel so that the vessel is out of
6 the water when not in use, provided that:
7 1. Such structures are wholly contained within a boat
8 slip previously permitted under ss. 403.91-403.929, 1984
9 Supplement to the Florida Statutes 1983, as amended, or Part
10 IV of chapter 373, or, when associated with a dock that is
11 exempt under this subsection or a permitted dock with no
12 defined boat slip, such structures do not exceed a combined
13 total of 500 square feet, or 200 square feet in an Outstanding
14 Florida Water.
15 2. Such structures shall not be used for any
16 commercial purpose or for mooring additional vessels that
17 remain in the water when not in use, and shall not
18 substantially impede the flow of water, create a navigational
19 hazard, or unreasonably infringe upon the traditional, or
20 common law riparian rights of adjacent property owners, as
21 defined in s. 253.141;
22 3. Such structures shall be constructed and used so as
23 to minimize adverse impacts to submerged lands, wetlands,
24 shellfish areas, aquatic plant and animal species, and other
25 biological communities; including locating such structures in
26 areas where no seagrasses exist if such areas are present
27 adjacent to the dock; and
28 4. Such structures shall not be constructed in areas
29 specifically prohibited for boat mooring under conditions of a
30 permit issued in accordance with ss. 403.91-403.929, 1984
31 Supplement to the Florida Statutes 1983, as amended, or Part
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 IV of Chapter 373, or other form of authorization issued by a
2 local government.
3 Structures that qualify for this exemption are relieved from
4 any requirement to obtain permission to use or occupy lands
5 owned by the Board of Trustees of the Internal Improvement
6 Trust Fund and shall not be subject to any more stringent
7 regulation by any local government. The exemption provided in
8 this paragraph shall be in addition to the exemption provided
9 in paragraph (b). By January 1, 2002, the department shall
10 adopt a general permit by rule for those floating vessel
11 platforms that do not qualify for the exemptions provided in
12 this paragraph, but do not cause significant adverse impacts
13 to occur individually or cumulatively. The issuance of such
14 general permit shall also constitute permission to use or
15 occupy lands owned by the Board of Trustees of the Internal
16 Improvement Trust Fund. Upon the adoption of the rule
17 creating such general permit, no local government shall impose
18 a more stringent regulation on floating vessel platforms
19 covered by such general permit.
20 Section 25. Notwithstanding the provision of section
21 259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter
22 92-288, Laws of Florida) regarding the set-aside of funds for
23 land acquisition in areas of critical state concern, $2.9
24 million from funds previously approved is available for grants
25 to local governments in the Florida Keys and the Key West
26 areas of critical state concern to assist in implementing the
27 local comprehensive plan. Grant funds are to be used for land
28 acquisition for conservation, open space, and outdoor
29 recreation lands, and are contingent upon the review of a
30 local government's proposed project, and a determination by
31 the Florida Communities Trust that the proposed project is an
48
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 eligible use of funds under the Florida Communities Trust
2 Program. A local government with a population of less than
3 10,000 is not required to provide a local match. A local
4 government with a population of 10,000 or more is required to
5 provide a dollar for dollar match.
6 Section 26. Subsection (8) of section 259.101, Florida
7 Statutes, is repealed.
8 Section 27. This act shall take effect July 1, 2001.
9
10
11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 On page 1, line 2, through page 2 line 15
14 remove from the title of the bill: all of said lines
15
16 and insert in lieu thereof:
17 An act relating to the protection of natural
18 resources; amending s. 253.034, F.S.; defining
19 "conservation lands"; providing procedure for
20 disposition of certain surplus conservation
21 lands by the Board of Trustees of the Internal
22 Improvement Trust Fund; revising procedure for
23 evaluating and offering for sale of surplus
24 lands; providing for disposition of proceeds
25 from the sale of surplus nonconservation lands;
26 amending ss. 253.7821, 253.7825, 253.7827,
27 253.7828, and 259.035, F.S.; conforming
28 references and cross references; deleting
29 obsolete language; amending ss. 253.111 and
30 253.115, F.S.; exempting Greenway lands from
31 certain public notice and hearing requirements
49
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 prior to sale, lease, exchange, or grant of
2 easement; amending s. 253.781, F.S.; renaming
3 the Cross Florida Greenways State Recreation
4 and Conservation Area; amending s. 253.7822,
5 F.S.; providing for modification of the
6 Greenway boundary; amending s. 253.7823, F.S.;
7 providing for sale or exchange of surplus lands
8 within the Greenway; providing for disposition
9 of fees and proceeds; amending s. 253.7829,
10 F.S.; revising requirements for management of
11 Greenway lands and structures; amending s.
12 253.783, F.S.; deleting obsolete language
13 relating to the disposition of surplus lands by
14 the Department of Environmental Protection;
15 amending s. 253.82, F.S.; revising conditions
16 under which certain lands titled to the board
17 of trustees may be declared surplus lands;
18 revising appraisal requirements; providing
19 rulemaking authority; creating s. 253.86, F.S.;
20 providing for management and use of certain
21 uplands; providing rulemaking authority of the
22 Office of Coastal and Aquatic Managed Areas;
23 providing for fees; providing a penalty;
24 creating s. 259.0324, F.S.; creating the
25 Citizenship Conservation and Education Program;
26 providing legislative findings and definitions;
27 providing requirements for participation;
28 providing rulemaking authority; revising the
29 funding of the Florida Communities Trust
30 Program, authorizing capital expenditures;
31 amending s. 259.0345, F.s.; repealing authority
50
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 for certain members of the Legislature to be
2 appointed as ad hoc nonvoting members to the
3 Florida Forever Advisory Council; amending s.
4 259.105, F.S.; revising goals and performance
5 measures of the Florida Forever Act;
6 authorizing the Florida Communities Trust to
7 develop certain goals and performance measures;
8 providing rulemaking authority; amending s.
9 298.22, F.S.; authorizing boards of supervisors
10 of water control districts to construct and
11 manage resource-based recreational facilities;
12 amending s. 369.255, F.S.; authorizing certain
13 municipalities to create a funding mechanism
14 for greenspace management and exotic plant
15 control; amending s. 7.66, F.S.; revising the
16 boundary of Walton County; amending s. 373.414,
17 F.S.; providing for legislative review of the
18 uniform wetland mitigation assessment method
19 rule; amending s. 403.1835, F.S.; providing for
20 the Department of Environmental Protection to
21 assist financial institutions to make
22 below-market interest rate loans; amending s.
23 403.813, F.S.; creating a permit exemption for
24 floating structures under certain
25 circumstances; precluding additional local
26 approval requirements for floating vessel
27 platforms within boat slips; providing
28 guidelines; providing for a general permit
29 adopted by rule; repealing subsection (8) of
30 s.259.101, F.S.; relating to the disposal and
31 use of certain state owned lands; providing an
51
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HOUSE AMENDMENT
Bill No. CS for SB 1468, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 effective date.
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File original & 9 copies 05/04/01
hep0001 05:31 pm 01468-0072-913359