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Senator Latvala moved the following amendment:
SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. The Florida Forever Act.--
18 (1) The Legislature finds that the sale of bonds to
19 implement the Florida Forever Program is an appropriate
20 mechanism to meet the needs of future generations to enjoy the
21 outdoors and natural resources of Florida forever and intends
22 that the sale of up to $3 billion in bonds be authorized.
23 (2) The Legislature finds and declares that:
24 (a) The alteration and development of Florida's
25 natural areas to accommodate its rapidly growing population
26 have contributed to the degradation of water resources, the
27 fragmentation and destruction of wildlife habitats, the loss
28 of outdoor recreation space, and the diminishment of wetlands,
29 forests, and public beaches.
30 (b) The potential development of Florida's remaining
31 natural areas and escalation of land values require a
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 continuation of government efforts to restore, bring under
2 public protection, or acquire lands and water areas to
3 preserve the state's invaluable quality of life.
4 (c) Florida's ground waters, surface waters, and
5 springs are under tremendous pressure due to population growth
6 and economic expansion and require special protection and
7 restoration efforts. To ensure that sufficient quantities of
8 water are available to meet the current and future
9 reasonable-beneficial uses and needs of the natural systems,
10 and to assist in achieving the planning goals of the
11 department and the water management districts, water resource
12 development projects on public lands, where compatible with
13 the resource values of and management objectives for such
14 lands, are appropriate. All lands acquired in the future
15 under the Florida Forever Program and other state land
16 acquisition programs may be used for water supply and water
17 resource development projects compatible with their resource
18 values and management objectives. Funds provided under the
19 Florida Forever Program shall not be used for the construction
20 of wells or pipeline facilities. As used in this legislation,
21 multiple use also includes public recreation, water supply,
22 water resource development projects, and sustainable forestry
23 management, where appropriate. As provided herein,
24 permittable water resource development and water supply
25 development projects may be allowed subject to complying with
26 the following: compliance with the established minimum flows
27 and levels, if any, for those waters potentially affected by
28 the project; compliance with all conditions for the issuance
29 of permits under part II of chapter 373; and consistency with
30 the Regional Water Supply Plan of the water management
31 district, if any.
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 (d) The availability of public hunting lands is being
2 reduced as more landowners are leasing their lands for private
3 hunting. Additional emphasis should be placed on the
4 acquisition and management of lands that will be open for
5 appropriate public hunting and wildlife management strategies.
6 (e) The needs of urban Florida for high-quality
7 outdoor recreational opportunities, greenways, trails, and
8 open space have not been fully met by previous acquisition
9 programs. Through such programs as the Florida Communities
10 Trust, the state shall place additional emphasis on and
11 increase funding for acquiring, protecting, preserving, and
12 restoring open space, greenways, and recreation properties
13 within urban areas where pristine natural communities or water
14 bodies no longer exist because of their proximity to developed
15 property.
16 (f) Access to public lands to support a broad range of
17 outdoor recreational opportunities and the development of
18 necessary infrastructure, where compatible with the resource
19 values of and management objectives for such lands, promotes
20 an appreciation for Florida's natural assets and improves the
21 quality of life.
22 (g) Acquisition of lands, in fee simple or in any
23 lesser interest, should be based on a comprehensive assessment
24 of Florida's natural resources and planned so as to protect
25 the integrity of ecological systems and to provide multiple
26 benefits, including preservation of fish and wildlife habitat,
27 recreation space for urban as well as rural areas, and water
28 recharge.
29 (h) Multiple use of the lands being acquired by the
30 state pursuant to Florida Forever and future purchases may be
31 allowed where compatible with the resource values of and
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 management objectives for such lands.
2 (i) Public agencies or other entities that receive
3 funds under this act are encouraged to better coordinate their
4 expenditures so that project acquisitions, when combined with
5 acquisitions under the Preservation 2000, Save Our Rivers, the
6 Florida Communities Trust, and other public land acquisition
7 programs, will form more complete patterns of protection for
8 natural areas and functioning ecosystems, to better accomplish
9 the intent of the Florida Forever Act.
10 (j) A long-term financial commitment to managing
11 Florida's public lands must accompany any new land acquisition
12 program to ensure that the natural resource values of such
13 lands are protected, that the public has the opportunity to
14 enjoy the lands to their fullest potential, and that the state
15 achieves the full benefits of its investment of public
16 dollars.
17 (k) Many of Florida's unique ecosystems such as the
18 Florida Everglades are facing ecological collapse due to
19 Florida's burgeoning population. To preserve these valuable
20 ecosystems for future generations, parcels of land must be
21 acquired to facilitate ecosystem restoration.
22 (l) An assessment of appropriate management strategies
23 for Florida Forever acquisitions should be completed early in
24 the acquisition process and should emphasize the development
25 of a management prospectus detailing the management goals for
26 the property, if appropriate; a timetable for implementing the
27 various stages of management and for providing access to the
28 public, if applicable; provisions for protecting existing
29 infrastructure and for ensuring the security of the project
30 upon acquisition; the anticipated costs of management and
31 projected sources of revenue; and other information as
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 required pursuant to s. 259.032(9)(b)1. prior to the
2 acquisition of a project.
3 (3) The Legislature recognizes that acquisition is
4 only one way to achieve the aforementioned goals, and
5 encourages the development of creative partnerships between
6 governmental agencies and private landowners. Land protection
7 agreements and similar tools should be used, where
8 appropriate, to bring environmentally sensitive tracts under
9 an acceptable level of protection at a lower financial cost to
10 the public, and to provide private landowners with the
11 opportunity to enjoy and benefit from their property.
12 (4) With limited dollars available for restoration and
13 acquisition of land and water areas, and to provide long-term
14 management and capital improvements, a competitive selection
15 process can select those projects best able to meet the goals
16 of Florida Forever and maximize the efficient use of the
17 program's funding.
18 (5) The Legislature recognizes the desires of the
19 citizens of this state to prosper through economic development
20 and to preserve the natural areas and recreational open space
21 of Florida. The Legislature further recognizes the urgency of
22 restoring the natural functions of public lands or water
23 bodies before they are degraded to a point where recovery may
24 never occur, yet acknowledges the difficulty of ensuring
25 adequate funding for restoration efforts in light of other
26 equally critical financial needs of the state. It is the
27 Legislature's desire and intent to fund the implementation of
28 the Florida Forever Act, and to do so in a fiscally
29 responsible manner, by issuing bonds to be repaid with
30 documentary stamp tax revenue.
31 (6) The Legislature finds that, with the increasing
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 pressures on the natural areas of this state, and upon space
2 suitable for recreational use, the state must develop creative
3 techniques to maximize the use of acquisition and management
4 funds. The Legislature also finds that the state's
5 conservation and recreational land-buying agencies should be
6 encouraged to augment their traditional, fee simple
7 acquisition programs with the use of alternatives to fee
8 simple acquisition techniques. Additionally, the Legislature
9 finds that generations of private landowners have been good
10 stewards of their land, protecting or restoring native
11 habitats and ecosystems to the benefit of the natural
12 resources of this state, its heritage, and its citizens
13 without compensation or encouragement from the government.
14 The Legislature also finds that using alternatives to fee
15 simple acquisition by public land-buying agencies will achieve
16 the following public policy goals:
17 1. Allow more lands to be brought under public
18 protection for preservation, conservation, and recreational
19 purposes at less expense using public funds.
20 2. Retain, on local government tax rolls, some portion
21 of or interest in lands which are under public protection.
22 3. Reduce long-term management costs by allowing
23 private property owners to continue acting as stewards of the
24 land, where appropriate.
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26 Therefore, it is the intent of the Legislature that public
27 land-buying agencies develop programs to pursue alternatives
28 to fee simple acquisition and to educate private landowners
29 about such alternatives and the benefits of such alternatives.
30 It also is the intent of the Legislature that the department
31 and the water management districts spend a portion of their
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 shares of Florida Forever bond proceeds to purchase eligible
2 properties using alternatives to fee simple acquisition.
3 (7)(a) Any lands acquired pursuant to this program,
4 where title is vested in the Board of Trustees of the Internal
5 Improvement Trust Fund, may be disposed of by the board in
6 accordance with the procedures set forth in s. 253.034(6).
7 Lands whose titles vest in a water management district
8 governing board may be disposed of by the owning water
9 management district in accordance with the procedures set
10 forth in ss. 373.056 and 373.089. All agencies which hold
11 title to lands acquired under the Florida Forever program
12 shall biennially evaluate their inventory of such lands to
13 determine whether any of the properties are suitable for
14 surplus.
15 (b) Lands determined to be surplus pursuant to this
16 subsection shall be sold for fair market value, except the
17 price of lands sold as surplus to a local government shall not
18 exceed the price paid by the state or a water management
19 district to originally acquire the lands.
20 (c) Before land can be determined to be of no further
21 benefit to the public as required by s. 253.034(6), or to be
22 no longer required for its purposes under s. 373.056(4), there
23 shall first be a determination by the Land Acquisition and
24 Management Advisory Council that such land no longer needs to
25 be preserved in furtherance of the intent of the Florida
26 Forever Act.
27 1. For lands proposed for surplus within the original
28 project boundaries or the core parcel there must be a finding
29 by the council that the land has no unique or high-quality
30 natural resources; is of low natural resource values, as
31 determined by a biological assessment or survey conducted by
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 the Florida Natural Areas Inventory or its successor, or is of
2 lower natural resource values than the land proposed to be
3 purchased with the proceeds from its sale. The Board of
4 Trustees of the Internal Improvement Trust Fund shall review
5 and approve or deny surplusing decisions pursuant to this
6 subparagraph.
7 2. For lands proposed for surplus located outside of
8 the original project boundary the council shall presume that
9 the lands are to be surplused unless:
10 a. A biological assessment or survey conducted by he
11 Florida Natural Areas Inventory or its successor has
12 determined that the lands are of such quality that surplusing
13 should not be approved; or
14 b. The lead managing agency can provide sufficient
15 evidence that the loss of such lands would substantially harm
16 the purposes for which the land was purchased.
17 3. Decisions regarding surplusing pursuant to
18 subparagraph 2. shall be reviewed and approved or denied by
19 the Board of Trustees of the Internal Improvement Trust Fund.
20 (d) Requests for surplusing may be made by any public
21 or private entity or person. All requests are to be submitted
22 to the lead managing agency for review and recommendation to
23 the council. Lead managing agencies shall have 90 days to
24 review such requests and make recommendations. Any surplusing
25 requests that have not been acted upon within the requirements
26 of this paragraph shall be immediately scheduled for hearing
27 at the next regularly scheduled council meeting.
28 (e) Notwithstanding paragraphs (a)-(c), no such
29 disposition of land shall be made if such disposition would
30 have the effect of causing all or any portion of the interest
31 on any revenue bonds issued to fund the Florida Forever Act to
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 lose the exclusion from gross income for purposes of federal
2 income taxation. Any revenue derived from the disposal of
3 such lands may not be used for any purpose except for deposit
4 into the Florida Forever Trust Fund, the Water Management
5 Lands Trust Fund, or the appropriate local government trust
6 fund, depending on the entity which held title to the land,
7 for the acquisition of new lands which meet the criteria
8 pursuant to this section.
9 (f) Lands identified as suitable for surplus shall
10 first be offered to local governmental entities for a period
11 of 90 days. Local governmental uses for such surplus lands
12 may include public schools, public libraries, fire or law
13 enforcement substations, and recreational centers. Local
14 governmental requests for surplus lands shall be expedited
15 throughout the surplusing process. State agencies shall have
16 the subsequent opportunity to acquire the surplus lands, for a
17 period not to exceed 30 days after the offer to local
18 governments expires. Surplus properties in which governmental
19 agencies have expressed no interest shall then be available
20 for sale on the private market.
21 (8)(a) The Board of Trustees of the Internal
22 Improvement Trust Fund, or, in the case of water management
23 district lands, the owning water management district, may
24 authorize the granting of a lease, easement, or license for
25 the use of certain lands acquired pursuant to this section,
26 for certain governmental uses that are determined by the
27 appropriate board to be compatible with the purposes for which
28 these lands were acquired. Such governmental uses may include
29 public schools, public libraries, fire or law enforcement
30 substations, and recreational centers.
31 (b) Any existing lease, easement, or license acquired
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 for incidental public or private use on, under, or across any
2 lands acquired pursuant to this section shall be presumed to
3 be compatible with the purposes for which such lands were
4 acquired.
5 (c) Notwithstanding the provisions of paragraph (a),
6 no such lease, easement, or license shall be entered into by
7 the Department of Environmental Protection or other
8 appropriate state agency if the granting of such lease,
9 easement, or license would adversely affect the exclusion of
10 the interest on any revenue bonds issued to fund the
11 acquisition of the affected lands from gross income for
12 federal income tax purposes, pursuant to Internal Revenue
13 Service regulations.
14 Section 2. The Florida Forever Study Commission.--
15 (1)(a) There is created the Florida Forever Study
16 Commission, consisting of 15 members. The Governor shall
17 appoint five members of the commission. The President of the
18 Senate and the Speaker of the House of Representatives each
19 shall appoint five members, three of whom must be
20 legislators. The membership of the commission shall reflect a
21 broad range of interests, including legislative interests, and
22 expertise related to land restoration, acquisition, and
23 management, including, but not limited to, persons with
24 training in hydrogeology, wildlife biology, engineering, real
25 estate and forestry management, and persons with substantial
26 expertise representing environmental interests; agricultural
27 and silvicultural interests; outdoor recreational interests;
28 and land development interests. Each appointing authority
29 shall consider gender and racial balance in addition to
30 particular expertise when making appointments.
31 (b) Each member of the commission may receive per diem
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 and expenses for travel, as provided in s. 112.061, Florida
2 Statutes, while carrying out the official business of the
3 commission. No person who is or has been a lobbyist as defined
4 in s. 112.3148, Florida Statutes, at any time during the 24
5 months preceding the nomination with any entity whose
6 interests could be affected by recommendations of the
7 commission, shall be appointed.
8 (c) The commission shall be staffed by an executive
9 director and other personnel who are appointed by the
10 commission and who are exempt from part II of chapter 110,
11 Florida Statutes, relating to the Career Service System. The
12 executive director shall be contracted for 18 months of
13 employment in order to be available to assist in the drafting
14 of potential legislation for the 2000 legislative session.
15 (d) The commission is assigned, for administrative
16 purposes, to the Executive Office of the Governor.
17 (e) Appointments must be made by September 15, 1998,
18 and the commission's first meeting must be held by October 15,
19 1998. The commission shall exist until October 31, 1999. The
20 commission members shall designate which of its members will
21 chair the commission.
22 (2) The study commission shall develop information and
23 recommendations that will assist the Legislature in
24 implementing the Florida Forever Act by determining, at a
25 minimum:
26 (a) Appropriate funding levels for project categories
27 or programs created or modified effective July 1, 2000.
28 (b) Appropriate changes in legislative policies for
29 managing conservation lands purchased with bond proceeds,
30 including, but not limited to:
31 1. Multiple uses of such lands;
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 2. Use for water resource development and supply
2 purposes;
3 3. Use of state funds for management to assist local
4 governments in managing lands purchased for conservation and
5 recreation;
6 4. Use of state funds for management for exotic plant
7 control; and
8 5. Appropriate levels of funding to be allocated for
9 management of lands and the development of management plans.
10 (c) Appropriate circumstances for declaring lands to
11 be surplus and returning them to private or public use.
12 (d) Appropriate changes in legislative policies for
13 providing payment in lieu of taxes to local governments where
14 substantial public lands are removed from local tax rolls.
15 (e) Appropriate changes in legislative policies
16 relating to the involvement of local governments in
17 acquisition decisions for purchases within their boundaries,
18 particularly those where public land ownership accounts for
19 more than 35 percent of the tax roll.
20 (f) Appropriate strategies for evaluating the state's
21 progress in the acquisition of conservation and recreation
22 lands, to be based, in part, on a review of the "Florida
23 Preservation 2000 Needs and Priorities Addendum Report"
24 published by the Department of Environmental Protection in
25 December 1997.
26 (g) Appropriate changes in legislative policies
27 relating to land acquisition procedures.
28 (h) Appropriate changes in legislative policies
29 relating to funding categories to be eligible to receive bond
30 proceeds, and whether such categories should receive annual
31 allocations for each year of the funding program.
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 (i) Appropriate types of scientific review that should
2 be required to determine whether lands are environmentally
3 endangered.
4 (3) The study commission shall base its
5 recommendations on:
6 1. Comments received during a minimum of six public
7 hearings, in different areas of the state, held for the
8 purpose of gathering public input and recommendations relative
9 to the implementation of the Florida Forever program.
10 2. An evaluation of Florida's existing public land
11 acquisition programs for conservation, preservation, and
12 recreational purposes to determine what each program has
13 accomplished; whether each program achieved or appears to be
14 achieving its statutory goals and objections; and the extent
15 of Florida's unmet needs for restoration and management of
16 public lands and water areas and the acquisition of privately
17 owned lands and water areas.
18 (3) The Florida Forever Study Commission shall submit
19 a report of its findings and recommendations to the Governor,
20 the President of the Senate, the Speaker of the House of
21 Representatives, and the chairs of the appropriations and
22 relevant substantive legislative committees by October 31,
23 1999.
24 (4) There is hereby appropriated $85,000 from the
25 Conservation and Recreation Lands Trust Fund and $85,000 from
26 the Water Management Lands Trust Fund for fiscal year
27 1998-1999 to the Executive Office of the Governor to fund the
28 administrative expenses of the Florida Forever Study
29 Commission.
30 Section 3. The Postsecondary Education Planning
31 Commission established pursuant to s. 240.145 is directed to
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 undertake a study of the need for an accelerated program for
2 the acquisition of lands and related interests and
3 construction of facilities for Florida's institutions of
4 higher learning, consisting of public universities and
5 community colleges. If an accelerated program is needed, the
6 commission is directed to develop recommendations on the
7 feasibility of using revenues from documentary stamp taxes
8 that are currently statutorily allocated to the Conservation
9 and Recreation Lands Trust Fund and the Water Management Lands
10 Trust Fund and not required, or anticipated to be required, to
11 fund existing outstanding bond obligations of those two trust
12 funds or required to fund management activities or payments in
13 lieu of taxes for lands purchased by these two trust funds. It
14 is the intent of the Legislature that, if feasible, these
15 available revenues be used to meet future funding requirements
16 for postsecondary facility construction and land acquisition,
17 including financing through the issuance of bonds, if approved
18 by the Legislature. The Postsecondary Education Planning
19 Commission shall issue its report to the Governor and the
20 Legislature by February 1, 1999, along with legislative
21 proposals for implementing their recommendations.
22 Section 4. (1) Notwithstanding any provisions to the
23 contrary in chapter 259, Florida Statutes, or chapter 253,
24 Florida Statutes, the Board of Trustees of the Internal
25 Improvement Trust Fund, pursuant to chapters 93-184 and
26 95-275, Laws of Florida, shall convey the lands located in
27 Walton County specifically identified as the New Town,
28 consistent with the Walton County Comprehensive Plan, to
29 Walton County at a price not to exceed the price paid by the
30 Board of Trustees for the lands, plus any applicable interest,
31 if the disposition of the lands would not have the effect of
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 causing all or any portion of the interest on any revenue
2 bonds issued to fund the Florida Preservation 2000 Trust Act
3 to lose their exclusion from gross income for purposes of
4 federal income taxation. Any revenue derived from the
5 disposal of the lands may not be used for any purpose except
6 for deposit into the Florida Preservation 2000 Trust Fund for
7 recredit to the share held under s. 259.101(3), Florida
8 Statutes, in which the disposed of land is described.
9 (2) The New Town shall be developed consistent with
10 the October 31, 1996, South Walton New Town Master Plan of
11 Development, incorporated in its entirety into the Walton
12 County Comprehensive Plan and Land Development Code.
13 (3) If any lands acquired by Walton County pursuant to
14 subsection (1) are resold to private interests, they must be
15 sold at fair market value and the proceeds from such resale
16 must be used exclusively for development of the New Town,
17 including its infrastructure and related school facilities.
18 Section 5. Subsection (12) of section 259.032, Florida
19 Statutes, is amended to read:
20 259.032 Conservation and Recreation Lands Trust Fund;
21 purpose.--
22 (12)(a) Beginning in fiscal year 1994-1995, not more
23 than 3.75 percent of the Conservation and Recreation Lands
24 Trust Fund shall be made available annually to the department
25 for payment in lieu of taxes to qualifying counties, cities,
26 and local governments as defined in paragraph (b) for all
27 actual tax losses incurred as a result of board of trustees
28 acquisitions for state agencies under the Florida Preservation
29 2000 Program and the Florida Forever Act during any year.
30 Reserved funds not used for payments in lieu of taxes in any
31 year shall revert to the fund to be used for land acquisition
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 in accordance with the provisions of this section.
2 (b) Payment in lieu of taxes shall be available:
3 1. To counties which levy an ad valorem tax of at
4 least 8.25 mills or the amount of the tax loss from all
5 completed Preservation 2000 or Florida Forever acquisitions in
6 the county exceeds 0.01 percent of the county's total taxable
7 value, and have a population of 100,000 75,000 or less.
8 2. To counties with a population of less than 100,000
9 which contain all or a portion of an area of critical state
10 concern designated pursuant to chapter 380 and to local
11 governments within such counties.
12 3. Beginning in fiscal year 1998-1999 and thereafter,
13 to school boards in counties with a population of 100,000 or
14 less which do not contain all or a portion of an area of
15 critical state concern designated pursuant to chapter 380 that
16 levy the maximum millage pursuant to s. 236.25(1) and (2) and
17 to school boards in counties with a population of less than
18 100,000 which contain all or a portion of an area of critical
19 state concern designated pursuant to chapter 380.
20 4.3. For the 1997-1998 fiscal year only, and
21 Notwithstanding the limitations of paragraph (a), to Glades
22 County, where a privately owned and operated prison leased to
23 the state has been opened within the last 2 years for which no
24 other state moneys have been allocated to the county to offset
25 ad valorem revenues. This subparagraph expires July 1, 1998.
26
27 For the purposes of this paragraph, "local government"
28 includes municipalities, the county school board, mosquito
29 control districts, and any other local government entity which
30 levies ad valorem taxes, with the exception of a water
31 management district.
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 (c) Payment in lieu of taxes shall be available to any
2 city which has a population of 10,000 or less and which levies
3 an ad valorem tax of at least 8.25 mills or the amount of the
4 tax loss from all completed Preservation 2000 or Florida
5 Forever acquisitions in the city exceeds 0.01 percent of the
6 city's total taxable value.
7 (d) If insufficient funds are available in any year to
8 make full payments to all qualifying counties, cities, school
9 districts, and local governments, such counties, cities,
10 school districts, and local governments shall receive a pro
11 rata share of the moneys available.
12 (e) The payment amount shall be based on the average
13 amount of actual taxes paid on the property for the 3 years
14 preceding acquisition, except the payment amount for school
15 boards in counties with a population of 100,000 or less which
16 do not contain all or a portion of an area of critical state
17 concern designated pursuant to chapter 380 shall be calculated
18 based only on the value of the millage levied pursuant to s.
19 236.25(1) and (2) on purchases completed after July 1, 1998.
20 Applications for payment in lieu of taxes shall be made no
21 later than January 31 of the year following acquisition. No
22 payment in lieu of taxes shall be made for properties which
23 were exempt from ad valorem taxation for the year immediately
24 preceding acquisition. If property which was subject to ad
25 valorem taxation was acquired by a tax-exempt entity for
26 ultimate conveyance to the state under this chapter, payment
27 in lieu of taxes shall be made for such property based upon
28 the average amount of taxes paid on the property for the 3
29 years prior to its being removed from the tax rolls. The
30 department shall certify to the Department of Revenue those
31 properties that may be eligible under this provision. Payment
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 in lieu of taxes shall be limited to a total of 15 10
2 consecutive years of annual payments, beginning the year a
3 local government becomes eligible.
4 (f) Payment in lieu of taxes pursuant to this
5 paragraph shall be made annually to qualifying counties,
6 cities, school districts, and local governments after
7 certification by the Department of Revenue that the amounts
8 applied for are reasonably appropriate, based on the amount of
9 actual taxes paid on the eligible property, and after the
10 Department of Environmental Protection has provided supporting
11 documents to the Comptroller and has requested that payment be
12 made in accordance with the requirements of this section.
13 (g) If the board of trustees conveys to a local
14 government title to any land owned by the board, any payments
15 in lieu of taxes on the land made to the local government
16 shall be discontinued as of the date of the conveyance.
17 Section 6. Paragraph (f) of subsection (9) of section
18 259.101, Florida Statutes, is amended to read:
19 259.101 Florida Preservation 2000 Act.--
20 (9)
21 (f)1. Pursuant to subsection (3) and beginning in
22 fiscal year 1999-2000 1998-1999, that portion of the
23 unencumbered balances of each program described in paragraphs
24 (3)(c), (d), (e), (f), and (g) which has been on deposit in
25 such program's Preservation 2000 account for more than two
26 fiscal years shall be redistributed equally to the
27 Conservation and Recreation Lands Trust Fund and the Water
28 Management Lands Trust Fund Department of Environmental
29 Protection, the Division of State Lands P2000 subaccount for
30 the purchase of state lands as described in s. 259.032, and to
31 the Water Management District P2000 subaccount for the
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 purchase of water management district lands pursuant to ss.
2 373.59, 373.456, and 373.4592. For the purposes of this
3 subsection, the term "unencumbered balances" means the portion
4 of Preservation 2000 bond proceeds which is not obligated
5 through the signing of a purchase contract between a public
6 agency and a private landowner, except that the program
7 described in paragraph (3)(c) may not lose any portion of its
8 unencumbered funds which remain unobligated because of
9 extraordinary circumstances that hampered the affected local
10 governments' abilities to close on land acquisition projects
11 approved through the Florida Communities Trust program.
12 Extraordinary circumstances shall be determined by the Florida
13 Communities Trust governing body and may include such things
14 as death or bankruptcy of the owner of property; a change in
15 the land use designation of the property; natural disasters
16 that affected a local government's ability to consummate the
17 sales contract on such property; or any other condition that
18 the Florida Communities Trust governing board determined to be
19 extraordinary. The portion of the funds redistributed
20 deposited in the Water Management District P2000 subaccount
21 Water Management Lands Trust Fund shall be distributed to the
22 water management districts as provided in s. 373.59(8)(7).
23 2. The department and the water management districts
24 may enter into joint acquisition agreements to jointly fund
25 the purchase of lands using alternatives to fee simple
26 techniques.
27 Section 7. Subsection (14) of section 373.59, Florida
28 Statutes, is amended to read:
29 373.59 Water Management Lands Trust Fund.--
30 (14)(a) Beginning in fiscal year 1992-1993, not more
31 than one-fourth of the land management funds provided for in
19
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 subsections (1) and (9) in any year shall be reserved annually
2 by a governing board, during the development of its annual
3 operating budget, for payment in lieu of taxes to qualifying
4 counties and school districts for actual ad valorem tax losses
5 incurred as a result of lands purchased with funds allocated
6 pursuant to s. 259.101(3)(b) and the Florida Forever Act. In
7 addition, the Northwest Florida Water Management District, the
8 South Florida Water Management District, the Southwest Florida
9 Water Management District, the St. Johns River Water
10 Management District, and the Suwannee River Water Management
11 District shall pay to qualifying counties and school districts
12 payments in lieu of taxes for district lands acquired with
13 funds allocated pursuant to subsection (8). Reserved funds
14 that are not used for payment in lieu of taxes in any year
15 shall revert to the fund to be used for management purposes or
16 land acquisition in accordance with this section.
17 (b) Payment in lieu of taxes shall be available:
18 1. To counties for each year in which the levy of ad
19 valorem tax is at least 8.25 mills or the amount of the tax
20 loss from all completed Preservation 2000 and Florida Forever
21 acquisitions in the county exceeds 0.01 percent of the
22 county's total taxable value, and the population is 100,000
23 75,000 or less and to counties with a population of less than
24 100,000 which contain all or a portion of an area of critical
25 state concern designated pursuant to chapter 380.
26 2. Beginning in fiscal year 1998-1999, to school
27 boards in counties with a population of 100,000 or less which
28 do not contain all or a portion of an area of critical state
29 concern designated pursuant to chapter 380 that levy the
30 maximum millage pursuant to s. 236.25(1) and (2) and to school
31 boards in counties with a population of less than 100,000
20
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 which contain all or a portion of an area of critical state
2 concern designated pursuant to chapter 380.
3 (c) If insufficient funds are available in any year to
4 make full payments to all qualifying counties and school
5 districts, such counties and school districts shall receive a
6 pro rata share of the moneys available.
7 (d) The payment amount shall be based on the average
8 amount of actual taxes paid on the property for the 3 years
9 immediately preceding acquisition, except the payment amount
10 for school boards in counties with a population of 100,000 or
11 less which do not contain all or a portion of an area of
12 critical state concern designated pursuant to chapter 380
13 shall be calculated based only on the value of the millage
14 levied pursuant to s. 236.25(1) and (2) on purchases completed
15 after July 1, 1998. For lands purchased prior to July 1, 1992,
16 applications for payment in lieu of taxes shall be made to the
17 districts by January 1, 1993. For lands purchased after July
18 1, 1992, applications for payment in lieu of taxes shall be
19 made no later than January 31 of the year following
20 acquisition. No payment in lieu of taxes shall be made for
21 properties which were exempt from ad valorem taxation for the
22 year immediately preceding acquisition. Payment in lieu of
23 taxes shall be limited to a period of 15 10 consecutive years
24 of annual payments.
25 (e) Payment in lieu of taxes shall be made within 30
26 days after: certification by the Department of Revenue that
27 the amounts applied for are appropriate, certification by the
28 Department of Environmental Protection that funds are
29 available, and completion of any fund transfers to the
30 district. The governing board may reduce the amount of a
31 payment in lieu of taxes to any county or school district by
21
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 the amount of other payments, grants, or in-kind services
2 provided to that county or school district by the district
3 during the year. The amount of any reduction in payments shall
4 remain in the Water Management Lands Trust Fund for purposes
5 provided by law.
6 (f) If a district governing board conveys to a local
7 government title to any land owned by the board, any payments
8 in lieu of taxes on the land made to the local government
9 shall be discontinued as of the date of the conveyance.
10 Section 8. Subsections (6), (7), and (8) are added to
11 section 253.82, Florida Statutes, to read:
12 253.82 Title of state or private owners to Murphy Act
13 lands.--
14 (6)(a) All reservations of easements on deeds by the
15 Board of Trustees of the Internal Improvement Trust Fund
16 conveying land acquired under chapter 18296, Laws of Florida,
17 1937, are hereby vested, by operation of law and without the
18 necessity of instruments of conveyance from the Board of
19 Trustees of the Internal Improvement Trust Fund, in the
20 governmental entity having right and title to the road to
21 which the reservations are adjacent. All reservations adjacent
22 to a road that was designated as a state road at the time of
23 the reservation, which road is currently held by the state,
24 are conveyed to the Department of Transportation. All
25 reservations adjacent to a road that was designated as a state
26 road at the time of the reservation, which road is located in
27 an unincorporated area of a county or owned by the county
28 within any incorporated area, are conveyed to the respective
29 county. Any other reservation within an incorporated area
30 adjacent to a road that was designated as a state road at the
31 time of the reservation, which reservation is not otherwise
22
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 conveyed to the state or the county, is conveyed to the
2 incorporated area. The conveyance includes all rights, title,
3 and interest in the reservation held by the Board of Trustees
4 of the Internal Improvement Trust Fund.
5 (b) Each entity that holds title to Murphy Act
6 reservations must establish a procedure for reviewing any deed
7 that contains a reservation when a review is requested or a
8 road project is anticipated. The review process must provide
9 for:
10 1. A determination of whether the language of the deed
11 created a reservation at the time of the original conveyance.
12 2. A review of any release of the reservation provided
13 by the property owner.
14 3. The recording of a notice of the nonexistence of a
15 reservation if reservation language in the deed does not
16 impact the property.
17 4. A determination of whether any or all of the
18 reservation may be released, and a form for recording the
19 release.
20 5. A process to allow for review through mediation if
21 requested by the property owner or through binding arbitration
22 under chapter 44.
23
24 Any fee charged may not exceed the actual cost to review the
25 deed, perform an appeal, and pay any recording expenses. Any
26 such fee may not exceed $300.
27 (c)1. Any owner of property encumbered by a Murphy Act
28 reservation who has been denied a release of all or part of
29 the reservation or who has received notice of a governmental
30 entity's intent to preserve the reservation under s. 712.05,
31 may appeal to the entity and show that the reservation
23
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 substantially denies the property owner the current economic
2 use of the property held by the owner. For purposes of this
3 determination, the term "current economic use" means the use
4 of the property on the date notice of the easement is filed
5 under s. 712.05.
6 2. Upon a determination by the governmental entity
7 that the reservation substantially denies the property owner
8 the current economic use of the property held by the owner,
9 the governmental entity must purchase the real property and
10 improvements not retained by the property owner in fee simple
11 title or release all or part of the reservation as necessary
12 to allow for beneficial use of the property.
13 3. If the governmental entity and property owner are
14 unable to agree as to whether the reservation substantially
15 denies the current economic use of the property or as to the
16 purchase price, the property owner may request mediation or
17 binding arbitration under chapter 44 to resolve these issues.
18 4. Before the payment of any compensation, the
19 property owner must provide to the governmental entity copies
20 of any title insurance policies and notice of any compensation
21 received from a title company with respect to the easement.
22 (7) The process for release of any road reservation
23 covered by this section or payment for property impacted by
24 the use of a reservation covered by this section shall be
25 solely in accordance with this section. Any action for the
26 taking of property related to road construction is separate
27 and distinct from an action under this section.
28 (8) The governmental entity is not liable for
29 attorney's fees or costs incurred by the owner in establishing
30 the impact of the road reservation on the property.
31 Section 9. Section 712.04, Florida Statutes, is
24
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 amended to read:
2 712.04 Interests extinguished by marketable record
3 title.--Subject to the matters stated in s. 712.03, such
4 marketable record title shall be free and clear of all
5 estates, interests, claims, or charges whatsoever, the
6 existence of which depends upon any act, title transaction,
7 event or omission that occurred prior to the effective date of
8 the root of title. All such estates, interests, claims, or
9 charges, however denominated, whether such estates, interests,
10 claims, or charges are or appear to be held or asserted by a
11 person sui juris or under a disability, whether such person is
12 within or without the state, whether such person is natural or
13 corporate, or is private or governmental, are hereby declared
14 to be null and void, except that this chapter shall not be
15 deemed to affect any right, title, or interest of the United
16 States, Florida, or any of its officers, boards, commissions,
17 or other agencies reserved in the patent or deed by which the
18 United States, Florida, or any of its agencies parted with
19 title. However, all reservations of easements in deeds by the
20 Board of Trustees of the Internal Improvement Trust Fund
21 conveying land acquired under chapter 18296, Laws of Florida,
22 1937, shall be extinguished by the Marketable Record Title Act
23 on July 1, 2001, subject to the provisions of s. 712.03, and
24 further subject to the right of any governmental entity that
25 holds title to the reservations to preserve such reservations
26 that are necessary for future transportation projects in
27 adopted transportation plans by filing notice under s. 712.05,
28 before July 1, 2001.
29 Section 10. Subsection (3) is added to section 712.05,
30 Florida Statutes, to read:
31 712.05 Effect of filing notice.--
25
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 (3) Any governmental entity that claims a road
2 reservation pursuant to a deed conveyed under the Murphy Act
3 may preserve the reservation, or any portion thereof,
4 necessary for future transportation projects in adopted
5 transportation plans and protect the reservation from
6 extinguishment by the operation of this chapter by filing for
7 record, prior to July 1, 2001, a notice, in writing, in
8 accordance with this chapter. The notice shall preserve the
9 reservation or portion thereof for 10 years following the date
10 of record if the reservation is used or identified by the
11 governmental entity in the final design plans of a road
12 project scheduled for construction to begin before the end of
13 the 10-year period. Any reservation used or identified in the
14 final design plans of a road project scheduled for
15 construction to begin before the end of the 10-year period is
16 not extinguished.
17 Section 11. Subsection (6) is added to section
18 373.536, Florida Statutes, to read:
19 373.536 District budget and hearing thereon.--
20 (6)(a) For water management district fiscal year
21 1999-2000 and each fiscal year thereafter, the Legislature
22 shall statutorily adopt or modify program priorities for water
23 management district budgets. The program priorities may vary
24 for each district and shall be based on the statutorily
25 mandated programs and activities of the districts and the
26 particular needs within each district in the four areas of
27 responsibility as listed in paragraph (5)(a).
28 (b) Beginning in fiscal year 1999-2000, and annually
29 thereafter, each water management district shall incorporate
30 the applicable program priorities in the development of its
31 budget.
26
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 (c) As part of its review of water management district
2 budgets pursuant to this section, the Executive Office of the
3 Governor shall determine whether each district's budget is
4 consistent with the applicable program priorities. In
5 determining whether a district's budget is consistent with the
6 applicable program priorities, the Executive Office of the
7 Governor shall take into consideration comments on or
8 objections to the proposed budget by the public and members of
9 the Legislature, including comments and objections submitted
10 by the chairs of the House and Senate appropriations
11 committees pursuant to paragraph (5)(d), and the district's
12 need to address natural disasters, other unforeseen
13 circumstances, or issues of substantial concern to the
14 citizens of the region. By September 15, 1999, and annually
15 thereafter, the Executive Office of the Governor shall notify
16 in writing the President of the Senate, the Speaker of the
17 House of Representatives, and the chairs of the substantive
18 and fiscal committees having jurisdiction over water
19 management district activities as to all determinations made
20 pursuant to this subsection.
21 (d) Based on the authority granted the Executive
22 Office of the Governor to approve or disapprove, in whole or
23 in part, the budget of each water management district in
24 paragraph (5)(a), and in accordance with the specific
25 processes outlined in paragraph (5)(b), the Executive Office
26 of the Governor shall disapprove those portions of a water
27 management district's budget that it determines, under
28 paragraph (c), are inconsistent with the applicable program
29 priorities.
30 Section 12. Subsection (8) of Section 373.421, Florida
31 Statutes, is created to read:
27
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 373.421 Delineation methods; formal determinations.--
2 Whenever a survey or certified survey of delineated
3 wetland boundaries is required for any purpose pursuant to
4 this chapter, the survey may be performed by conventional
5 methods of land surveying or by use of a Global Positioning
6 System (GPS). When a GPS is used in the survey, the equipment
7 must provide for submeter or less accuracy and be operated by
8 or under the supervision of a registered land surveyor
9 licensed in the State of Florida, or by an individual
10 specifically trained in the use of the make, type and model of
11 the GPS equipment being employed. Presence of the registered
12 surveyor's seal and signature shall constitute proof that the
13 survey was conducted by or under the supervision of a
14 registered land surveyor licensed in Florida. A GPS survey of
15 wetland boundaries which has been conducted in accordance with
16 this section shall not be considered an approximate wetland
17 delineation under rules promulgated pursuant to Section
18 373.421(2).
19 Section 13. Section 1 of this act shall take July 1,
20 2000, but only upon approval by the electorate of a
21 constitutional amendment permitting the sale of bonds as
22 provided by law for the purposes of conservation, outdoor
23 recreation, water resource development, restoration of natural
24 systems, postsecondary education, and historic preservation,
25 as provided in HJR 4553 or similar legislation. Otherwise,
26 this act shall take effect upon be coming a law.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 Delete everything before the enacting clause
28
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 and insert:
2 A bill to be entitled
3 An act relating to environmental protection;
4 creating the Florida Forever Program; providing
5 legislative intent that the sale of up to $3
6 billion in bonds is an appropriate mechanism to
7 fund the program; providing legislative
8 findings and intent for the Florida Forever
9 program relating to the acquisition and use of
10 lands for conservation, ecosystem restoration,
11 recreation, water resource and water supply
12 development, and urban green space and
13 recreational opportunities; providing a process
14 for surplusing lands acquired; providing intent
15 for alternatives to fee simple acquisitions;
16 creating the Florida Forever Study Commission;
17 providing for membership of the commission and
18 its duties; requiring a report; providing an
19 appropriation; authorizing the Board of
20 Trustees of the Internal Improvement Trust Fund
21 to transfer specified lands to Walton County at
22 a specified price, providing limitations on the
23 use of those lands; directing the Postsecondary
24 Education Planning Commission to undertake a
25 study of the need for an accelerated program of
26 land acquisition and facility construction and
27 to make recommendations on certain funding
28 mechanisms; amending s. 259.032, F.S.; revising
29 eligibility requirements for payments in lieu
30 of taxes; providing for payments in lieu of
31 taxes to school boards, as well as to Glades
29
4:43 PM 04/30/98 h4551.nr19.Fa
SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 County to compensate the county for its tax
2 loss due to the opening of a prison; revising
3 the length of time such payments may be
4 received; amending s. 259.101, F.S.; delaying
5 the redistribution of certain funds; revising
6 accounting procedures relating to a
7 redistribution of certain Preservation 2000
8 moneys; amending s. 373.59, F.S.; revising
9 eligibility requirements for payments in lieu
10 of taxes; providing for payments in lieu of
11 taxes to school boards; revising the length of
12 time such payments may be received; amending s.
13 253.82, F.S.; providing for all transportation
14 easements acquired under the Murphy Act to be
15 conveyed to the Department of Transportation or
16 the governmental entity currently having title
17 to the adjacent roadway; requiring the
18 establishment of a procedure for review of
19 deeds containing transportation reservations
20 acquired under the Murphy Act; setting
21 requirements for the review process; providing
22 for compensation of certain property owners
23 when the reservation denies current economic
24 use of the property; providing for mediation or
25 arbitration; amending ss. 712.04, 712.05, F.S.;
26 providing for the release of certain easements
27 held by governmental entities; providing for
28 preservation of certain road easement
29 reservations pursuant to a road project
30 scheduled to begin within a specified period;
31 amending s. 373.536, F.S.; providing that the
30
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SENATE AMENDMENT
Bill No. CS/CS/HB 4551
Amendment No.
1 Legislature shall statutorily adopt or modify
2 program priorities for water management
3 district budgets; providing that the districts
4 shall incorporate these program priorities in
5 developing their budgets; providing that the
6 Executive Office of the Governor shall
7 determine whether each district's budget is
8 consistent with the applicable program
9 priorities; providing that the Executive Office
10 of the Governor shall disapprove those portions
11 of a water management district's budget that
12 are determined to be inconsistent with
13 applicable program priorities; amending s.
14 373.421, F.S.; allowing for use of Global
15 Positioning Systems in wetlands surveys;
16 providing an effective date.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
31
4:43 PM 04/30/98 h4551.nr19.Fa