CODING: Words stricken are deletions; words underlined are additions.


H

Senator Latvala moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 4551

    Amendment No.    

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11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

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.

25

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

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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

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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

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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

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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

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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

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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.--

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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.

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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
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                                                  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

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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

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