House Bill 4551c1

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    Florida House of Representatives - 1998             CS/HB 4551

        By the Committee on Environmental Protection and
    Representatives Safley, Constantine, K. Pruitt, Sembler,
    Saunders, Carlton, Eggelletion, Chestnut, Warner, Gay, Murman,
    Crow and Culp



  1                      A bill to be entitled

  2         An act relating to the Florida 2020 Program;

  3         amending s. 201.15, F.S.; providing for

  4         distribution of certain documentary stamp tax

  5         revenues to the Land Acquisition Trust Fund to

  6         pay debt service on the Florida 2020 Program

  7         bonds; creating s. 201.155, F.S.; providing for

  8         annual appropriation to pay such debt service;

  9         creating s. 235.45, F.S.; establishing the

10         Florida Year 2020 Higher Education Facilities

11         Program; authorizing issuance of bonds for

12         certain purposes; providing duties of the

13         Commissioner of Education; requiring a report;

14         providing financing requirements; amending s.

15         259.02, F.S.; providing bonding authority for

16         the Florida 2020 Program; deleting obsolete

17         language; creating s. 259.021, F.S.; subjecting

18         bond issuance to constitutional authorization;

19         providing requirements and limitations;

20         amending s. 259.03, F.S.; deleting obsolete

21         definitions; amending s. 259.032, F.S.;

22         revising legislative intent to include an

23         emphasis on water resource development and on

24         adequate management of lands acquired by the

25         state; directing the Board of Trustees of the

26         Internal Improvement Trust Fund to consider

27         buying lands that promote water resource

28         development and facilitates restoration of the

29         Everglades; specifying that Conservation and

30         Recreation Lands Trust Fund shall be source of

31         fund to pay management costs and

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  1         payment-in-lieu-of-taxes for the Florida 2020

  2         program; reducing a millage threshold for

  3         authorization for payment-in-lieu-of-taxes;

  4         deleting obsolete language throughout section;

  5         creating s. 259.034, F.S.; creating the Florida

  6         Lands Commission; specifying membership and

  7         duties of the commission; requiring the

  8         commission to develop an acquisition list;

  9         requiring a plan of restoration, acquisition,

10         and capital improvements; providing

11         requirements; authorizing the commission to

12         adopt rules; amending s. 259.04, F.S.;

13         directing the board of trustees to develop a

14         5-year plan for restoring, acquiring, or making

15         capital improvements to lands or ecosystems

16         identified by the Land Acquisition and

17         Management Council or its successor; amending

18         s. 259.041, F.S.; directing the Department of

19         Environmental Protection's Division of State

20         Lands to use appraisals obtained by other

21         public agencies or by nonprofit organizations,

22         if certain conditions are met; providing

23         legislative intent and guidelines for use of

24         less-than-fee simple land acquisition

25         alternatives; amending s. 259.101, F.S.;

26         clarifying redistribution of certain unspent

27         P2000 funds; creating s. 259.105, F.S.;

28         creating the Florida 2020 Act; providing

29         legislative findings and intent; providing for

30         disposition of bond proceeds issued pursuant to

31         the act; specifying uses of the bond proceeds;

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  1         specifying criteria to be used to select

  2         projects for the program; specifying the manner

  3         in which lands acquired under the program may

  4         be disposed of as surplus or donated for

  5         alternative government uses; providing

  6         requirements; providing procedures; authorizing

  7         the Florida Lands Commission, the Department of

  8         Environmental Protection, water management

  9         districts, and public agencies to adopt rules

10         for certain purposes; amending s. 373.459,

11         F.S.; specifying that Florida 2020 bond

12         proceeds may be deposited into the Ecosystem

13         Management and Restoration Trust Fund for use

14         in financing Surface Water Improvement and

15         Management projects; specifying eligibility for

16         certain funds; amending s. 373.59, F.S.;

17         providing that Florida 2020 bond proceeds may

18         be spent to acquire water management district

19         lands; limiting funding of management and

20         related activities to documentary stamp tax

21         revenues legislatively appropriated to the

22         Water Management Lands Trust Fund; specifying

23         that any revenues from the sale of water

24         management district lands acquired with Florida

25         2020 proceeds shall only be spent to acquire

26         lands that meet the program's criteria;

27         amending s. 375.075, F.S.; providing that

28         Florida 2020 bond proceeds shall be available

29         to fund those Florida Recreational Development

30         and Assistance Program projects selected

31         through the Florida 2020 program process;

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  1         directing the Department of Environmental

  2         Protection and the Florida Communities Trust to

  3         assist qualified counties and municipalities to

  4         obtain certain grants; amending s. 380.507,

  5         F.S.; providing for the Florida Communities

  6         Trust program eligibility to receive Florida

  7         2020 bond proceeds; providing procedures;

  8         amending s. 380.510, F.S.; including the

  9         Florida 2020 Trust Fund moneys as subject to

10         conditions of grants and loans made by the

11         Florida Communities Trust; creating the Florida

12         2020 Study Commission; specifying membership,

13         duties, and responsibilities; requiring a

14         report of findings and recommendations to the

15         Governor, the President of the Senate, the

16         Speaker of the House of Representatives and

17         certain legislative committees; providing an

18         appropriation; providing an effective date.

19

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

21

22         Section 1.  Paragraph (b) of subsection (1) of section

23  201.15, Florida Statutes, is amended to read:

24         201.15  Distribution of taxes collected.--All taxes

25  collected under this chapter shall be subject to the service

26  charge imposed in s. 215.20(1) and shall be distributed as

27  follows:

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

29  the remaining taxes collected under this chapter shall be used

30  for the following purposes:

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  1         (b)  The remainder of the moneys distributed under this

  2  subsection, after the required payments payment under

  3  paragraph (a) and s. 201.155, shall be paid into the State

  4  Treasury to the credit of the Land Acquisition Trust Fund and

  5  may be used for any purpose for which funds deposited in the

  6  Land Acquisition Trust Fund may lawfully be used.  Payments

  7  made under this paragraph shall continue until the cumulative

  8  amount credited to the Land Acquisition Trust Fund for the

  9  fiscal year under this paragraph and paragraph (2)(b) equals

10  70 percent of the current official forecast for distributions

11  of taxes collected under this chapter pursuant to subsection

12  (2).  As used in this paragraph, the term "current official

13  forecast" means the most recent forecast as determined by the

14  Revenue Estimating Conference.  If the current official

15  forecast for a fiscal year changes after payments under this

16  paragraph have ended during that fiscal year, no further

17  payments are required under this paragraph during the fiscal

18  year.

19         Section 2.  Section 201.155, Florida Statutes, is

20  created to read:

21         201.155  Distribution of taxes for Florida 2020 Trust

22  Fund.--Subject to the maximum amount of limitations set forth

23  in this section, an amount as shall be necessary to pay the

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

25  obligations, or other amounts with respect to bonds issued

26  pursuant to s. 259.02 and payable from moneys transferred to

27  the Florida 2020 Trust Fund pursuant to this section, shall be

28  paid into the State Treasury to the credit of the Florida 2020

29  Trust Fund to be used for such purposes. The annual amount

30  transferred to the Florida 2020 Trust Fund shall not exceed

31  $30 million per authorized bond series. No individual series

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  1  of bonds may be issued pursuant to this paragraph unless the

  2  first year's debt service for such bonds is specifically

  3  appropriated in the General Appropriations Act.

  4         Section 3.  Section 235.45, Florida Statutes, is

  5  created to read:

  6         235.45  Florida Year 2020 Higher Education Facilities

  7  Program.--

  8         (1)  This section may be cited as the "Florida Year

  9  2020 Higher Education Facilities Program."

10         (2)  Pursuant to the provisions of s. 19, Art VII of

11  the State Constitution and s. 215.59, the issuance of state

12  bonds pledging the full faith and credit of the state in the

13  principal amount, including any refinancing, not to exceed $2

14  billion, to be deposited in the Florida 2020 Trust Fund for

15  the acquisition of lands and related interests, the

16  construction of classrooms and related facilities, renovation

17  of existing facilities, and the development of

18  telecommunication infrastructure for Florida's institutions of

19  higher learning, consisting of public universities and

20  community colleges, is hereby authorized.

21         (3)  The Commissioner of Education, in consultation

22  with the appropriations committees of the Legislature, shall

23  provide annually to the State Board of Community Colleges and

24  the Board of Regents an estimate of the amount of funds from

25  the Florida 2020 Trust Fund to be utilized by the boards in

26  developing their required 3-year priority lists.

27         (4)  The 3-year priority lists required in s.

28  235.435(4)(a) shall include facilities to be financed by funds

29  from the Florida 2020 Trust Fund as well as those facilities

30  financed from funds in the Public Education Capital Outlay

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  1  Debt Service Trust Fund.  The fund source of each project

  2  shall be identified in these lists.

  3         (5)  The commissioner shall submit to the Governor and

  4  the Legislature a budget request for higher educational

  5  facilities financed by funds from the Florida 2020 Trust Fund

  6  concurrently with the submittal of the budget request required

  7  in s. 235.41.

  8         (6)  Capital projects financed with moneys from the

  9  Florida 2020 Trust Fund shall meet all requirements of law for

10  capital projects financed with moneys from the Public

11  Education Capital Outlay and Debt Service Trust Fund.

12         Section 4.  Section 259.02, Florida Statutes is amended

13  to read:

14         259.02  Authority; full faith and credit

15  bonds.--Pursuant to the provisions of s. 19 11(e), Art. VII of

16  the State Constitution and s. 215.59, the issuance of state

17  bonds pledging the full faith and credit of the state in the

18  principal amount, including any refinancing, not to exceed:

19         (1)  Four billion dollars, to be deposited into the

20  Florida 2020 Trust Fund for state capital projects for the

21  acquisition of lands, water areas, and related interests and

22  resources, in urban and rural settings, for the purposes of

23  conservation, recreation, environmental restoration, water

24  resource development, or historical preservation, and for

25  capital improvements to lands and water areas that accomplish

26  environmental restoration, enhance public access and

27  recreational enjoyment, promote long-term management goals,

28  and facilitate water resource development.

29         (2)  Two billion dollars to be deposited into the

30  Florida 2020 Trust Fund for the acquisition of lands and

31  related interests, the construction of classrooms and related

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  1  facilities, and the development of telecommunication

  2  infrastructure, for institutions of higher learning in the

  3  state, pursuant to s. 235.45 $200 million for state capital

  4  projects for environmentally endangered lands and $40 million

  5  for state capital projects for outdoor recreation lands is

  6  hereby authorized, subject to the provisions of ss.

  7  259.01-259.06.

  8         (3)  The funds to be deposited in the Florida 2020

  9  Trust Fund shall be the net proceeds of each bond issue.

10         Section 5.  Section 259.021, Florida Statutes is

11  created to read:

12         259.021  Issuance of bonds subject to constitutional

13  authorization.--The acquisition or restoration of, or capital

14  improvements to, lands, water areas, and related resources by

15  public agencies under the Florida 2020 Act is a public purpose

16  for which revenue bonds may be issued subject to specific

17  authorization in the State Constitution to issue revenue bonds

18  to pay the cost of acquiring or restoring such lands, water

19  areas, and related resources and to construct, improve,

20  enlarge, and extend capital improvements and facilities

21  thereon as determined to be necessary for the purposes of this

22  act.  The department may utilize the services and facilities

23  of the Department of Legal Affairs, the State Board of

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

25  revenue bonds, revenue certificates, or other evidences of

26  indebtedness shall be issued for the purposes of this act

27  except as specifically authorized by the State Constitution.

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

29  indebtedness issued pursuant to this act shall be submitted to

30  the State Board of Administration for approval or disapproval.

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

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  1  section unless the first year's debt service for such bonds is

  2  specifically appropriated in the General Appropriations Act.

  3         Section 6.  Section 259.03, Florida Statutes, is

  4  amended to read:

  5         259.03  Definitions.--The following terms and phrases

  6  when used in this chapter ss. 259.01-259.06 shall have the

  7  meaning ascribed to them in this section, except where the

  8  context clearly indicates a different meaning:

  9         (1)  "Advisory council" means that council established

10  pursuant to s. 259.035.

11         (2)  "State capital projects for environmentally

12  endangered lands" means a state capital project, as required

13  by s. 11(a), Art. VII of the State Constitution, which shall

14  have as its purpose the conservation and protection of

15  environmentally unique and irreplaceable lands as valued

16  ecological resources of this state.

17         (3)  "State capital project for outdoor recreation

18  lands" means a state capital project, as required by s. 11(a),

19  Art. VII of the State Constitution, which shall be for the

20  purposes set out in chapter 375.

21         (2)(4)  "Board" means the Governor and Cabinet, as the

22  Board of Trustees of the Internal Improvement Trust Fund.

23         (3)(5)  "Division" means the Division of Bond Finance

24  of the State Board of Administration.

25         Section 7.  Subsections (1), (2), (3), (7), (8), (9),

26  (10), (11), (12), (15), and (16) of section 259.032, Florida

27  Statutes, are amended to read:

28         259.032  Conservation and Recreation Lands Trust Fund;

29  purpose.--

30         (1)  It is the policy of the state that the citizens of

31  this state shall be assured public ownership of natural areas

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  1  for purposes of maintaining this state's unique natural

  2  resources; protecting air, land, and water quality; promoting

  3  water resource development to meet the needs of natural

  4  systems and citizens of this state; promoting restoration and

  5  reclamation activities on public lands; and providing lands

  6  for natural resource based recreation. In recognition of this

  7  policy, it is the intent of the Legislature to provide such

  8  public lands for the people residing in urban and metropolitan

  9  areas of the state as well as those residing in less

10  populated, rural areas.;  It is the further intent of the

11  Legislature, with regard to the lands described in paragraph

12  (3)(c), that a high priority be given to the acquisition of

13  such lands in or near counties exhibiting the greatest

14  concentration of population and, with regard to the lands

15  described in subsection (3), that a high priority be given to

16  acquiring lands or rights or interests in lands within any

17  area designated as an area of critical state concern under s.

18  380.05 which, in the judgment of the advisory council

19  established pursuant to s. 259.035, cannot be adequately

20  protected by application of land development regulations

21  adopted pursuant to s. 380.05. Finally, it is the

22  Legislature's intent that lands acquired through this program

23  and any successor programs be managed in such a way as to

24  protect or restore their natural resource values, and provide

25  the greatest benefit, including public access where

26  appropriate, to current and future residents of this state.

27         (2)(a)  The Conservation and Recreation Lands Trust

28  Fund is established within the Department of Environmental

29  Protection. The fund shall be used as a nonlapsing, revolving

30  fund exclusively for the purposes of this section. The fund

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  1  shall be credited with proceeds from the following excise

  2  taxes:

  3         1.  The excise taxes on documents as provided in s.

  4  201.15; and

  5         2.  The excise tax on the severance of phosphate rock

  6  as provided in s. 211.3103.

  7

  8  The Department of Revenue shall credit to the fund each month

  9  the proceeds from such taxes as provided in this paragraph.

10         (b)  There shall annually be transferred from the

11  Conservation and Recreation Lands Trust Fund to the Land

12  Acquisition Trust Fund that amount, not to exceed $20 million

13  annually, as shall be necessary to pay the debt service on, or

14  fund debt service reserve funds, rebate obligations, or other

15  amounts with respect to bonds issued pursuant to s. 375.051 to

16  acquire lands on the established priority list as determined

17  by the advisory council pursuant to s. 259.035; however, no

18  moneys transferred to the Land Acquisition Trust Fund pursuant

19  to this paragraph, or earnings thereon, shall be used or made

20  available to pay debt service on the Save Our Coast revenue

21  bonds. Amounts transferred annually from the Conservation and

22  Recreation Lands Trust Fund to the Land Acquisition Trust Fund

23  pursuant to this paragraph shall have the highest priority

24  over other payments or transfers from the Conservation and

25  Recreation Lands Trust Fund, and no other payments or

26  transfers shall be made from the Conservation and Recreation

27  Lands Trust Fund until such transfers to the Land Acquisition

28  Trust Fund have been made. Moneys in the Conservation and

29  Recreation Trust Fund also shall be used to acquire and manage

30  lands and to pay related costs, activities, and functions

31  pursuant to the provisions of this section.

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  1         (3)  The Governor and Cabinet, sitting as the Board of

  2  Trustees of the Internal Improvement Trust Fund, may allocate

  3  moneys from the fund in any one year to acquire the fee or any

  4  lesser interest in lands for the following public purposes:

  5         (a)  To conserve and protect environmentally unique and

  6  irreplaceable lands that contain native, relatively unaltered

  7  flora and fauna representing a natural area unique to, or

  8  scarce within, a region of this state or a larger geographic

  9  area;

10         (b)  To conserve and protect lands within designated

11  areas of critical state concern, if the proposed acquisition

12  relates to the natural resource protection purposes of the

13  designation;

14         (c)  To conserve and protect native species habitat or

15  endangered or threatened species;

16         (d)  To conserve, protect, manage, or restore important

17  ecosystems, landscapes, and forests, if the protection and

18  conservation of such lands is necessary to enhance or protect

19  significant surface water, groundwater, coastal, recreational,

20  timber, or fish or wildlife resources which cannot otherwise

21  be accomplished through local and state regulatory programs;

22         (e)  To promote water resource development that

23  benefits natural systems as well as the citizens of this

24  state;

25         (f)  To facilitate the restoration and subsequent

26  health and vitality of the Florida Everglades;

27         (g)(e)  To provide areas, including recreational

28  trails, for natural resource based recreation and other

29  outdoor recreation on any part of any site compatible with

30  conservation purposes;

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  1         (h)(f)  To preserve significant archaeological or

  2  historic sites; or

  3         (i)(g)  To conserve urban open spaces suitable for

  4  greenways or outdoor recreation which are compatible with

  5  conservation purposes.

  6         (7)  The board of trustees may enter into any contract

  7  necessary to accomplish the purposes of this section.  The

  8  lead land managing agencies, designated by the board of

  9  trustees, also are directed by the Legislature to enter into

10  contracts or interagency agreements with other governmental

11  entities, including local soil and water conservation

12  districts, or private land managers who have the expertise to

13  perform specific management activities which a lead agency

14  lacks, or which would cost more to provide in-house.  Such

15  activities shall include, but not be limited to, controlled

16  burning, road and ditch maintenance, mowing, and wildlife

17  assessments.

18         (8)  Lands to be considered for purchase under this

19  section are subject to the selection procedures of s. 259.035

20  and related rules and shall be acquired in accordance with

21  acquisition procedures for state lands provided for in s.

22  259.041, except as otherwise provided by the Legislature. An

23  inholding or an addition to a project selected for purchase

24  pursuant to this chapter or s. 259.035 is not subject to the

25  selection procedures of s. 259.035 if the estimated value of

26  such inholding or addition does not exceed $500,000. When at

27  least 90 percent of the acreage of a project has been

28  purchased pursuant to this chapter or s. 259.035, the project

29  may be removed from the list and the remaining acreage may

30  continue to be purchased. Moneys from the fund may be used for

31  title work, appraisal fees, environmental audits, and survey

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  1  costs related to acquisition expenses for lands to be

  2  acquired, donated, or exchanged which qualify under the

  3  categories of this section, at the discretion of the board.

  4  When the Legislature has authorized the Department of

  5  Environmental Protection to condemn a specific parcel of land

  6  and such parcel has already been approved for acquisition

  7  under this section, the land may be acquired in accordance

  8  with the provisions of chapter 73 or chapter 74, and the fund

  9  may be used to pay the condemnation award and all costs,

10  including a reasonable attorney's fee, associated with

11  condemnation.

12         (9)(a)  All lands managed under this section shall be:

13         1.  Managed in a manner that will provide the greatest

14  combination of benefits to the public and to the resources.

15         2.  Managed for public outdoor recreation which is

16  compatible with the conservation and protection of public

17  lands. Such management may include, but not be limited to, the

18  following public recreational uses:  fishing, hunting,

19  camping, bicycling, hiking, nature study, swimming, boating,

20  canoeing, horseback riding, diving, model hobbyist's

21  activities, birding, sailing, jogging, and other related

22  outdoor activities compatible with the purposes for which the

23  lands were acquired.

24         3.  Managed for the purposes for which the lands were

25  acquired, consistent with paragraph (11)(a).

26

27  Management may include the following public uses: fishing,

28  hunting, camping, bicycling, hiking, nature study, swimming,

29  boating, canoeing, horseback riding, diving, birding, sailing,

30  jogging, and other related outdoor activities.

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  1         (b)1.  Concurrent with its adoption of the annual

  2  Conservation and Recreational Lands list of acquisition

  3  projects pursuant to s. 259.035, the board of trustees shall

  4  adopt a management prospectus for each project. The management

  5  prospectus shall delineate: the management goals for the

  6  property; the conditions that will affect the intensity of

  7  management; an estimate of the revenue-generating potential of

  8  the property, if appropriate; a timetable for implementing the

  9  various stages of management and for providing access to the

10  public, if applicable; provisions for protecting existing

11  infrastructure and for ensuring the security of the project

12  upon acquisition; the anticipated costs of management and

13  projected sources of revenue, including legislative

14  appropriations, to fund management needs; recommendations as

15  to how many employees will be needed to manage the property;

16  and recommendations as to whether local governments, volunteer

17  groups, the former landowner, or other interested parties can

18  be involved in the management.

19         2.  Concurrent with the approval of the acquisition

20  contract pursuant to s. 259.041(3)(c) for any interest in

21  lands, the board of trustees shall designate an agency or

22  agencies to manage such lands and shall evaluate and amend, as

23  appropriate, the management policy statement for the project

24  as provided by s. 259.035, consistent with the purposes for

25  which the lands are acquired. For any fee simple acquisition

26  of a parcel which is or will be leased back for agricultural

27  purposes, or any acquisition of a less-than-fee interest in

28  land that is or will be used for agricultural purposes, the

29  Board of Trustees of the Internal Improvement Trust Fund shall

30  first consider having a soil and water conservation district,

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  1  created pursuant to chapter 582, manage and monitor such

  2  interests.

  3         3.  State agencies designated to manage lands acquired

  4  under this chapter may contract with local governments and

  5  soil and water conservation districts to assist in management

  6  activities, including the responsibility of being the lead

  7  land manager.  Such land management contracts may include a

  8  provision for the transfer of management funding to the local

  9  government or soil and water conservation district from the

10  Conservation and Recreation Lands Trust Fund in an amount

11  adequate for the local government or soil and water

12  conservation district to perform its contractual land

13  management responsibilities and proportionate to its

14  responsibilities, and which otherwise would have been expended

15  by the state agency to manage the property.

16         4.  Immediately following the acquisition of any

17  interest in lands under this chapter, the Department of

18  Environmental Protection, acting on behalf of the board of

19  trustees, may issue to the lead managing entity an interim

20  assignment letter to be effective until the execution of a

21  formal lease.

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

23  agencies or private entities designated to manage lands under

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

25  board of trustees, an individual management plan for each

26  project designed to conserve and protect such lands and their

27  associated natural resources.  Private sector involvement in

28  management plan development may be used to expedite the

29  planning process.

30         (b)  Beginning in fiscal year 1998-1999, individual

31  management plans required by s. 253.034(5)(4) shall be

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  1  developed with input from an advisory group.  Members of this

  2  advisory group shall include, at a minimum, representatives of

  3  the lead land managing agency, comanaging entities, local

  4  private property owners, the appropriate soil and water

  5  conservation district, a local conservation organization, and

  6  a local elected official.  The advisory group shall conduct at

  7  least one public hearing within the county in which the parcel

  8  or project is located.  Notice of such public hearing shall be

  9  posted on the parcel or project designated for management,

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

11  a scheduled meeting of the local governing body before the

12  actual public hearing.  The management prospectus required

13  pursuant to paragraph (9)(b) shall be available to the public

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

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

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

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

18  plans may include transfers of leasehold interests to

19  appropriate conservation organizations designated by the Land

20  Acquisition and Management Advisory Council or its successor,

21  for uses consistent with the purposes of the organizations and

22  the protection, preservation, conservation, and proper

23  management of the lands and their resources. Volunteer

24  management assistance is encouraged, including, but not

25  limited to, assistance by youths participating in programs

26  sponsored by state or local agencies, by volunteers sponsored

27  by environmental or civic organizations, and by individuals

28  participating in programs for committed delinquents and

29  adults.

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

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

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

  2  parcel or parcels identified in the annual Conservation and

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

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

  5  Department of Environmental Protection shall distribute only

  6  75 percent of the acquisition funds to which a budget entity

  7  or water management district would otherwise be entitled from

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

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

10  management plans overdue.

11         (e)(a)  Individual management plans shall conform to

12  the appropriate policies and guidelines of the state land

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

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

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

16  and the statutory authority for such use or uses.

17         2.  Key management activities necessary to preserve and

18  protect natural resources and restore habitat, and for

19  controlling the spread of non-native plants and animals, and

20  for prescribed fire and other appropriate resource management

21  activities.

22         3.  A specific description of how the managing agency

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

24  use fragile, nonrenewable natural and cultural resources.

25         4.  A priority schedule for conducting management

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

27  acquired in fee simple and under which public access shall be

28  given special emphasis where appropriate.

29         5.  A cost estimate for conducting priority management

30  activities, to include recommendations for cost-effective

31  methods of accomplishing those activities.

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  1         6.  A cost estimate for conducting other management

  2  activities which would enhance the natural resource value or

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

  4  cost estimate shall include recommendations for cost-effective

  5  methods of accomplishing those activities.

  6         7.  A determination of the public uses that would be

  7  consistent with the purposes for which the lands were

  8  acquired.

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

10  of each individual management plan for parcels which exceed

11  160 acres in size to each member of the Land Acquisition and

12  Management Advisory Council or its successor, which shall:.

13         1.  The council shall, Within 60 days after receiving a

14  plan from the division, review each plan for compliance with

15  the requirements of this subsection and with the requirements

16  of the rules established by the board pursuant to this

17  subsection.

18         2.  The council shall also Consider the propriety of

19  the recommendations of the managing agency with regard to the

20  future use or protection of the property.

21         3.  After its review, the council shall submit the

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

23  board of trustees, with the options to.  The council shall

24  specifically recommend to the board of trustees whether to

25  approve the plan as submitted, approve the plan with

26  modifications, or reject the plan.

27         (g)(c)  The board of trustees shall consider the

28  individual management plan submitted by each state agency and

29  the recommendations of the Land Acquisition and Management

30  Advisory Council or its successor and the Division of State

31  Lands and shall approve the plan with or without modification

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

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

  3  approved individual management plan is subject to termination

  4  by the board of trustees.

  5

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

  7  the water management districts, and each private entity

  8  designated to manage lands shall report to the Secretary of

  9  Environmental Protection on the progress of funding, staffing,

10  and resource management of every project for which the agency

11  or entity is responsible.

12         (11)(a)  The Legislature recognizes that acquiring

13  lands pursuant to this chapter serves the public interest by

14  protecting land, air, and water resources which contribute to

15  the public health and welfare, providing areas for natural

16  resource based recreation, and ensuring the survival of unique

17  and irreplaceable plant and animal species.  The Legislature

18  intends for these lands to be managed and maintained for the

19  purposes for which they were acquired and for the public to

20  have access to these lands where it is consistent with

21  acquisition purposes and would not harm the resources the

22  state is seeking to protect on the public's behalf.

23         (b)  An amount up to 1.5 percent of the cumulative

24  total of funds ever deposited into the Florida Preservation

25  2000 Trust Fund, and the Florida 2020 Trust Fund for the

26  purposes provided in s. 259.02(1), shall be made available for

27  the purposes of management, maintenance, and capital

28  improvements, and for associated contractual services, for

29  lands acquired pursuant to this section, and s. 259.101 and s.

30  259.105 to which title is vested in the board of trustees.

31  Each agency with management responsibilities shall annually

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  1  request from the Legislature funds sufficient to fulfill such

  2  responsibilities.  Capital improvements shall include, but

  3  need not be limited to, perimeter fencing, signs, firelanes,

  4  access roads and trails, and minimal public accommodations,

  5  such as primitive campsites, garbage receptacles, and toilets.

  6         (c)  In requesting funds provided for in paragraph (b)

  7  for long-term management of all acquisitions pursuant to this

  8  chapter and for associated contractual services, the managing

  9  agencies shall recognize the following categories of land

10  management needs:

11         1.  Lands which are low-need tracts, requiring basic

12  resource management and protection, such as state reserves,

13  state preserves, state forests, and wildlife management areas.

14  These lands generally are open to the public but have no more

15  than minimum facilities development.

16         2.  Lands which are moderate-need tracts, requiring

17  more than basic resource management and protection, such as

18  state parks and state recreation areas.  These lands generally

19  have extra restoration or protection needs, higher

20  concentrations of public use, or more highly developed

21  facilities.

22         3.  Lands which are high-need tracts, with identified

23  needs requiring unique site-specific resource management and

24  protection. These lands generally are sites with historic

25  significance, unique natural features, or very high intensity

26  public use, or sites that require extra funds to stabilize or

27  protect resources, such as lands with heavy infestations of

28  non-native, invasive plants.

29

30  In evaluating the management funding needs of lands based on

31  the above categories, the lead land managing agencies shall

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  1  include in their considerations the impacts of, and needs

  2  created or addressed by, multiple-use management strategies.

  3         (d)  All revenues generated through multiple-use

  4  management shall be returned to the agency responsible for

  5  such management and shall be used to pay for management

  6  activities on all conservation, preservation, and recreation

  7  lands under the agency's jurisdiction.  In addition, such

  8  revenues shall be segregated in an agency trust fund and shall

  9  remain available to the agency in subsequent fiscal years to

10  support land management appropriations.

11         (e)  Up to one-fifth of the funds provided for in

12  paragraph (b) shall be reserved by the board of trustees for

13  interim management of acquisitions and for associated

14  contractual services, to ensure the conservation and

15  protection of natural resources on project sites and to allow

16  limited public recreational use of lands.  Interim management

17  activities may include, but not be limited to, resource

18  assessments, control of invasive, non-native exotic species,

19  habitat restoration, fencing, law enforcement, controlled

20  burning, and public access consistent with preliminary

21  determinations made pursuant to paragraph (9)(b).  The board

22  of trustees shall make these interim funds available

23  immediately upon purchase.

24         (f)  The department shall set long-range and annual

25  goals for the control and removal of nonnative, upland,

26  invasive plant species on public lands.  Such goals shall

27  differentiate between aquatic plant species and upland plant

28  species.  In setting such goals, the department may rank, in

29  order of adverse impact, species which impede or destroy the

30  functioning of natural systems. Notwithstanding paragraph (a),

31  up to one-fourth of the funds provided for in paragraph (b)

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  1  shall be reserved for control and removal of nonnative,

  2  upland, invasive species on public lands.

  3         (12)(a)  Beginning in fiscal year 1994-1995, not more

  4  than 3.75 percent of the Conservation and Recreation Lands

  5  Trust Fund shall be made available annually to the department

  6  for payment in lieu of taxes to qualifying counties, cities,

  7  and local governments as defined in paragraph (b) for all

  8  actual tax losses incurred as a result of board of trustees

  9  acquisitions for state agencies under the Florida Preservation

10  2000 Program and the Florida 2020 Program during any year.

11  Reserved funds not used for payments in lieu of taxes in any

12  year shall revert to the fund to be used for land acquisition

13  in accordance with the provisions of this section.

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

15         1.  To counties which levy an ad valorem tax of at

16  least 8.0 8.25 mills or the amount of the tax loss from all

17  completed Preservation 2000 or Florida 2020 acquisitions in

18  the county exceeds 0.01 percent of the county's total taxable

19  value, and have a population of 75,000 or less.

20         2.  To counties with a population of less than 100,000

21  which contain all or a portion of an area of critical state

22  concern designated pursuant to chapter 380 and to local

23  governments within such counties.

24         3.  For the 1997-1998 fiscal year only, and

25  notwithstanding the limitations of paragraph (a), to Glades

26  County, where a privately owned and operated prison leased to

27  the state has been opened within the last 2 years for which no

28  other state moneys have been allocated to the county to offset

29  ad valorem revenues. This subparagraph expires July 1, 1998.

30

31

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  1  For the purposes of this paragraph, "local government"

  2  includes municipalities, the county school board, mosquito

  3  control districts, and any other local government entity which

  4  levies ad valorem taxes, with the exception of a water

  5  management district.

  6         (c)  Payment in lieu of taxes shall be available to any

  7  city which has a population of 10,000 or less and which levies

  8  an ad valorem tax of at least 8.0 8.25 mills or the amount of

  9  the tax loss from all completed Preservation 2000 or Florida

10  2020 acquisitions in the city exceeds 0.01 percent of the

11  city's total taxable value.

12         (d)  If insufficient funds are available in any year to

13  make full payments to all qualifying counties, cities, and

14  local governments, such counties, cities, and local

15  governments shall receive a pro rata share of the moneys

16  available.

17         (e)  The payment amount shall be based on the average

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

19  preceding acquisition. Applications for payment in lieu of

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

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

22  made for properties which were exempt from ad valorem taxation

23  for the year immediately preceding acquisition.  If property

24  which was subject to ad valorem taxation was acquired by a

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

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

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

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

29  tax rolls. The department shall certify to the Department of

30  Revenue those properties that may be eligible under this

31  provision.  Payment in lieu of taxes shall be limited to a

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  1  total of 10 consecutive years of annual payments, beginning

  2  the year a local government becomes eligible.

  3         (f)  Payment in lieu of taxes pursuant to this

  4  paragraph shall be made annually to qualifying counties,

  5  cities, and local governments after certification by the

  6  Department of Revenue that the amounts applied for are

  7  reasonably appropriate, based on the amount of actual taxes

  8  paid on the eligible property, and after the Department of

  9  Environmental Protection has provided supporting documents to

10  the Comptroller and has requested that payment be made in

11  accordance with the requirements of this section.

12         (g)  If the board of trustees conveys to a local

13  government title to any land owned by the board, any payments

14  in lieu of taxes on the land made to the local government

15  shall be discontinued as of the date of the conveyance.

16         (15)(a)  At the time an entity identifies a property as

17  a possible acquisition project or part of a possible

18  acquisition project, such entity shall notify the property

19  owner by certified mail.  The property owner may request the

20  removal of such property from further consideration by

21  submitting a request to such entity by certified mail. For

22  fiscal year 1997-1998 only, moneys credited to the fund may be

23  appropriated to provide grants to qualified local governmental

24  entities pursuant to the provisions of s. 375.075. This

25  subsection is repealed on July 1, 1998.

26         (b)(16)  Within 180 days after receiving a certified

27  letter from the owner of a property on the Conservation and

28  Recreation Lands list objecting to the property being included

29  in an acquisition project, where such property is a project or

30  part of a project which has not been listed for purchase in

31  the current year's land acquisition work plan, the board of

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  1  trustees shall delete the property from the list or from the

  2  boundary of an acquisition project on the list.

  3         Section 8.  Section 259.034, Florida Statutes, is

  4  created to read:

  5         259.034  Florida Lands Commission.--

  6         (1)  There is created, effective July 1, 2000, within

  7  the Board of Trustees of the Internal Improvement Trust Fund a

  8  Florida Lands Commission.  The commission shall be comprised

  9  of 7 residents of this state appointed by the Governor,

10  subject to confirmation by the Senate for staggered terms of 4

11  years.  The commission shall include one member from within

12  the geographic boundaries of each water management district

13  who has resided in the district for at least 1 year, and two

14  others shall be selected from the state at large.

15  Additionally, one ad hoc nonvoting member shall be appointed

16  from each of the following: the secretary of the Department of

17  Environmental Protection, or the secretary's designee; the

18  executive director of the Florida Game and Fresh Water Fish

19  Commission, or the executive director's designee; the director

20  of the Division of Forestry of the Department of Agriculture

21  and Consumer Services, or the director's designee; the

22  director of the Division of Historical Resources of the

23  Department of State, or the director's designee, and the

24  secretary of the Department of Community Affairs, sitting as

25  chair of the governing body of the Florida Communities Trust,

26  or the secretary's designee. The Governor shall not appoint

27  any person who is or has been a lobbyist as defined in s.

28  112.3148 at any time during the 24 months preceding the

29  nomination with any entity whose interests could be affected

30  by actions or decisions of the council.  The Governor shall

31  appoint the chair and the vice chair shall be elected from

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  1  among the membership.  The Governor may at any time fill a

  2  vacancy for the unexpired term.  Members of the commission

  3  shall be paid $50 per day while engaged in the business of the

  4  commission and shall receive expenses and per diem for travel,

  5  including attendance at meetings, as are allowed state

  6  officers and employees while in the performance of their

  7  duties, pursuant to s. 112.061.

  8         (a)  Immediately upon being appointed, the commission

  9  may employ an executive director who shall be appointed by the

10  commission and confirmed by the board of trustees. The

11  commission may also employ other staff as necessary to perform

12  its duties.

13         (b)  The commission shall develop a budget pursuant to

14  chapter 216.  The budget shall be transmitted to the Board of

15  Trustees of the Internal Improvement Trust Fund as head of the

16  commission for submission to the Governor in the exercise of

17  his or her constitutional duties.

18         (c)  On a date set by law, the duties, powers, and

19  responsibilities of the Land Acquisition and Management

20  Advisory Council, established pursuant to s. 259.035, F.S.,

21  shall be assumed by the commission, and the provisions of law

22  authorizing the advisory council shall be repealed.

23         (2)  Beginning January 1, 2001, and every year

24  thereafter, the commission shall accept applications from

25  state agencies, local governments, nonprofit and for-profit

26  organizations, private land trusts, and individuals for

27  project proposals.

28         (3)  In rating potential projects for inclusion on

29  project list for the 5-year plan, the commission shall give

30  significant weight to the criteria listed in s. 259.105(6).

31  Other factors the commission may consider include, but are not

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  1  limited to, the expertise of the agency or other applicant in

  2  acquiring, managing, or restoring the type of project planned;

  3  the length of time the applicant estimates it will take to

  4  close on the project, if an acquisition, or to complete the

  5  restoration activities, if a restoration project; for those

  6  projects in which public access is a component, the projected

  7  timetable for the project becoming available to the public;

  8  and the net environmental benefit the project has on the

  9  surrounding ecosystem.

10         (4)  An affirmative vote of four members of the

11  commission shall be required in order to place a proposed

12  project on a list.

13         (5)  The commission shall, by the time of the first

14  board meeting in December of each year, establish or update a

15  five-year plan of restoration, acquisition, and capital

16  improvement projects within the specific categories pursuant

17  to s. 259.105(5).  The commission shall recommend its list of

18  projects to the Board of Trustees of the Internal Improvement

19  Trust Fund.  The board of trustees, by its first meeting in

20  February of each year, shall vote on the list.  The board of

21  trustees may remove projects but may not add new projects or

22  change a project's ranking.

23         (6)  The commission shall submit to the board of

24  trustees, with its list of projects, a report that includes,

25  but shall not be limited to, the following information for

26  each project listed:  the stated purpose for restoring,

27  acquiring, or improving the project area; projected costs to

28  achieve the project goals; an interim management budget; an

29  identification of the essential parcel or parcels within the

30  project without which the project cannot be properly managed;

31  an identification of those projects or parcels within projects

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  1  which should be acquired in fee simple or in

  2  other-than-fee-simple; a management policy statement for the

  3  project; a management prospectus pursuant to s. 259.032(9)(b);

  4  an estimate of land value based on county tax assessed values;

  5  a map delineating project boundaries; a brief description of

  6  the important natural and cultural resources to be protected

  7  and recreational opportunities to be provided; a preliminary

  8  statement of the extent and nature of public use; a discussion

  9  of whether alternative uses are proposed for the property and

10  what those uses are; and a designation of the management

11  agency or agencies.

12         (7)  All proposals for projects pursuant to this

13  chapter shall be implemented only if adopted by the

14  commission.  The commission shall consider and evaluate in

15  writing the merits and demerits of each project that is

16  proposed for Florida 2020 funding and shall ensure that each

17  proposed project will meet a stated public purpose for the

18  restoration, conservation, or preservation of environmentally

19  sensitive lands and water areas or for providing outdoor

20  recreational opportunities.   The commission also shall

21  determine if the project conforms, where applicable, with the

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

23  comprehensive outdoor recreation and conservation plan

24  developed pursuant to s. 375.021, the state lands management

25  plan adopted pursuant to s. 253.03(7), and the Florida 2020

26  Act adopted pursuant to 259.105.  Copies of a written report

27  describing each project proposed for acquisition shall be

28  submitted to the board of trustees.  The commission shall

29  consider and include in each project description its

30  assessment of a project's ecological value, outdoor

31  recreational value, vulnerability, endangerment, ownership

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  1  pattern, utilization, location, cost, and other pertinent

  2  factors, as determined by the commission, as to whether to

  3  recommend a project for state purchase.

  4         (8)  Additionally, the commission shall provide

  5  assistance to the Board of Trustees of the Internal

  6  Improvement Trust Fund in reviewing the recommendations and

  7  plans for state-owned lands required by s. 253.034.  The

  8  commission shall, in reviewing the recommendations and plans

  9  for state-owned lands required by s. 253.034, consider the

10  optimization of multiple-use and conservation strategies to

11  accomplish the provisions of s. 253.034. However, no

12  multiple-use activity shall be allowed if such use would have

13  the effect of causing all or any portion of the interest on

14  any revenue bonds issued to finance the Florida 2020 Program

15  to lose the exclusion from gross income for federal income tax

16  purposes.

17         (9)  The commission may adopt rules to implement the

18  following powers, duties, and responsibilities: solicitation

19  of Florida 2020 project proposals; scoring, selection, and

20  ranking of Florida 2020 project proposals; development and

21  annual reevaluation of the 5-year plan; process of reviewing

22  and recommending for approval or rejection the land management

23  plans associated with publicly owned properties; and selection

24  and employment of the executive director and other staff.

25         Section 9.  Subsection (1) of section 259.04, Florida

26  Statutes, is amended to read:

27         259.04  Board; powers and duties.--

28         (1)  For state capital projects selected for purchase

29  pursuant to ss. 259.034, 259.035, and 259.101, and 259.105:

30         (a)  The board is given the responsibility, authority,

31  and power to develop and execute a comprehensive, statewide

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  1  5-year plan to conserve, restore, and protect environmentally

  2  endangered lands, ecosystems, lands necessary for outdoor

  3  recreational needs, and other lands as identified in ss.

  4  259.032, and 259.101, and 259.105. This plan shall be kept

  5  current through continual reevaluation and revision.  The

  6  advisory council or its successor shall assist the board in

  7  the development, reevaluation, and revision of the plan.

  8         (b)  The board may enter into contracts with the

  9  government of the United States or any agency or

10  instrumentality thereof; the state or any county,

11  municipality, district authority, or political subdivision; or

12  any private corporation, partnership, association, or person

13  providing for or relating to the conservation or protection of

14  certain lands in accomplishing the purposes of this chapter

15  ss. 259.01-259.06.

16         (c)  Within 45 days after the advisory council or its

17  successor submits either list of acquisition projects to the

18  board, the board shall approve, in whole or in part, the list

19  of acquisition projects in the order of priority in which such

20  projects are presented.  To the greatest extent practicable,

21  projects on the list shall be acquired in their approved order

22  of priority.

23         (d)  The board is authorized to acquire, by purchase,

24  gift, or devise or otherwise, the fee title or any lesser

25  interest of lands, water areas, and related resources

26  sufficient to meet the purposes specified in s. 259.03(2) for

27  environmentally endangered lands.

28         (2)  For state capital projects for outdoor recreation

29  lands, the provisions of chapter 375 and s. 253.025 shall also

30  apply.

31

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  1         Section 10.  Subsections (1) and (3), present

  2  subsection (14), and paragraph (e) of subsection (7) of

  3  section 259.041, Florida Statutes, are amended, subsections

  4  (11) through (18) of said section are renumbered as

  5  subsections (12) through (19), respectively, and a new

  6  subsection (11) is added to said section, to read:

  7         259.041  Acquisition of state-owned lands for

  8  preservation, conservation, and recreation purposes.--

  9         (1)  Neither the Board of Trustees of the Internal

10  Improvement Trust Fund nor its duly authorized agent shall

11  commit the state, through any instrument of negotiated

12  contract or agreement for purchase, to the purchase of lands

13  with or without appurtenances unless the provisions of this

14  section have been fully complied with. However, the board of

15  trustees may waive any requirement of this section, except the

16  requirements of subsections (3), (13), and (14), and (15); or,

17  notwithstanding chapter 120, may waive any rules adopted

18  pursuant to this section, except rules adopted pursuant to

19  subsections (3), (13), and (14), and (15); or may substitute

20  other reasonably prudent procedures, provided the public's

21  interest is reasonably protected. The title to lands acquired

22  pursuant to this section shall vest in the board of trustees

23  as provided in s. 253.03(1), unless otherwise provided by law.

24  All such lands, title to which is vested in the board of

25  trustees pursuant to this section, shall be administered

26  pursuant to the provisions of s. 253.03.

27         (3)  No agreement to acquire real property for the

28  purposes described in this chapter, chapter 260, or chapter

29  375, title to which will vest in the board of trustees, may

30  bind the state unless and until the agreement has been

31  reviewed and approved by the Department of Environmental

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  1  Protection as complying with the requirements of this section

  2  and any rules adopted pursuant to this section.  However,

  3  review and approval of agreements for acquisitions for Florida

  4  Greenways and Trails Program properties pursuant to chapter

  5  260 may be waived by the department in any contract with

  6  nonprofit corporations who have agreed to assist the

  7  department with this program.  Where any of the following

  8  conditions exist, the agreement shall be submitted to and

  9  approved by the board of trustees:

10         (a)  The purchase price agreed to by the seller exceeds

11  the value as established pursuant to the rules of the board of

12  trustees;

13         (b)  The contract price agreed to by the seller and

14  acquiring agency exceeds $1 million;

15         (c)  The acquisition is the initial purchase in a

16  project; or

17         (d)  Other conditions that the board of trustees may

18  adopt by rule. Such conditions may include, but not be limited

19  to, projects where title to the property being acquired is

20  considered nonmarketable or is encumbered in such a way as to

21  significantly affect its management.

22

23  Where approval of the board of trustees is required pursuant

24  to this subsection, the acquiring agency must provide a

25  justification as to why it is in the public's interest to

26  acquire the parcel or project. Approval of the board of

27  trustees also is required for projects the department

28  recommends acquiring pursuant to subsections (14) (13) and

29  (15) (14). Review and approval of agreements for acquisitions

30  for Florida Greenways and Trails Program properties pursuant

31  to chapter 260 may be waived by the department in any contract

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  1  with nonprofit corporations who have agreed to assist the

  2  department with this program.

  3         (7)  Prior to approval by the board of trustees or,

  4  when applicable, the Department of Environmental Protection,

  5  of any agreement to purchase land pursuant to this chapter,

  6  chapter 260, or chapter 375, and prior to negotiations with

  7  the parcel owner to purchase any other land, title to which

  8  will vest in the board of trustees, an appraisal of the parcel

  9  shall be required as follows:

10         (e)  Generally, appraisal reports are confidential and

11  exempt from the provisions of s. 119.07(1), for use by the

12  agency and the board of trustees, until an option contract is

13  executed or, if no option contract is executed, until 2 weeks

14  before a contract or agreement for purchase is considered for

15  approval by the board of trustees. However, the department has

16  the authority, at its discretion, to disclose appraisal

17  reports to private landowners during negotiations for

18  acquisitions using alternatives to fee simple techniques, if

19  the department determines that disclosure of such reports will

20  bring the proposed acquisition to closure. The Division of

21  State Lands may also disclose appraisal information to public

22  agencies or nonprofit organizations that agree to maintain the

23  confidentiality of the reports or information when joint

24  acquisition of property is contemplated, or when a public

25  agency or nonprofit organization enters into a written

26  agreement with the division to purchase and hold property for

27  subsequent resale to the division. The division also shall

28  require each nonprofit organization or private land trust

29  which has entered into a written agreement with the division

30  to acquire lands to disclose all costs incurred, income and

31  profits earned, and participation in third-party agreements

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  1  associated with specific purchases. In addition, the division

  2  may use, as its own, appraisals obtained by a public agency or

  3  nonprofit organization, provided the appraiser is selected

  4  from the division's list of appraisers and the appraisal is

  5  reviewed and approved by the division. For the purposes of

  6  this chapter, "nonprofit organization" means an organization

  7  whose purposes include purpose is the preservation of natural

  8  resources, and which is exempt from federal income tax under

  9  s. 501(c)(3) of the Internal Revenue Code. The agency may

10  release an appraisal report when the passage of time has

11  rendered the conclusions of value in the report invalid or

12  when the acquiring agency has terminated negotiations.

13

14  Notwithstanding the provisions of this subsection, on behalf

15  of the board and before the appraisal of parcels approved for

16  purchase under this chapter, the Secretary of Environmental

17  Protection or the director of the Division of State Lands may

18  enter into option contracts to buy such parcels. Any such

19  option contract shall state that the final purchase price is

20  subject to approval by the board or, when applicable, the

21  secretary and that the final purchase price may not exceed the

22  maximum offer allowed by law. The consideration for such an

23  option may not exceed $1,000 or 0.01 percent of the estimate

24  by the department of the value of the parcel, whichever amount

25  is greater.

26         (11)(a)  The Legislature finds that, with the

27  increasing pressures on the natural areas of this state, and

28  upon space suitable for recreational use, the state must

29  develop creative techniques to maximize the use of acquisition

30  and management funds.  The Legislature also finds that the

31  state's conservation and recreational land-buying agencies

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  1  should be encouraged to augment their traditional, fee simple

  2  acquisition programs with the use of alternatives to fee

  3  simple acquisition techniques.  Additionally, the Legislature

  4  finds that generations of private landowners have been good

  5  stewards of their land, protecting or restoring native

  6  habitats and ecosystems to the benefit of the natural

  7  resources of this state, its heritage, and its citizens

  8  without compensation or encouragement from the government.

  9  The Legislature also finds that using alternatives to fee

10  simple acquisition by public land-buying agencies will achieve

11  the following public policy goals:

12         1.  Allow more lands to be brought under public

13  protection for preservation, conservation, and recreational

14  purposes at less expense using public funds.

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

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

17         3.  Reduce long-term management costs by allowing

18  private property owners to continue acting as stewards of the

19  land, where appropriate.

20

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

22  land-buying agencies develop programs to pursue alternatives

23  to fee simple acquisition and to educate private landowners

24  about such alternatives and the benefits of such alternatives.

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

26  and the water management districts spend a portion of their

27  shares of land Preservation 2000 and Florida 2020 bond

28  proceeds to purchase eligible properties using alternatives to

29  fee simple acquisition.

30         (b)  The state agencies and the water management

31  districts shall identify, within their acquisition plans,

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  1  those projects which require a full fee simple interest to

  2  achieve the public policy goals, together with the reasons why

  3  full title is determined to be necessary. The state agencies

  4  and the water management districts may use alternatives to fee

  5  simple acquisition to bring the remaining projects in their

  6  acquisition plans under public protection.  For the purposes

  7  of this subsection, the term "alternatives to fee simple

  8  acquisition" includes, but is not limited to:  purchase of

  9  development rights; conservation easements; flowage easements;

10  purchase of timber rights, mineral rights, or hunting rights;

11  purchase of agricultural interests or silvicultural interests;

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

13  simple acquisitions with reservations; life estates; or any

14  other acquisition technique which achieves the public policy

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

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

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

18  acquired by the public agency. When developing and

19  implementing their acquisition plans, the state agencies and

20  water management districts may give preference to those

21  less-than-fee-simple acquisitions that provide any public

22  access. However, the Legislature also recognizes that public

23  access is not appropriate to fee simple techniques and that no

24  proposed less-than-fee acquisition shall be rejected simply

25  because public access would be limited.

26         (c)  Beginning in fiscal year 1998-1999, the department

27  and each water management district shall implement initiatives

28  to use alternatives to fee simple acquisition and to educate

29  private landowners about such alternatives.  These initiatives

30  shall include at least two acquisitions a year by the

31  department and each water management district utilizing

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  1  alternatives to fee simple.  The department and the water

  2  management districts may enter into joint acquisition

  3  agreements to jointly fund the purchase of lands using

  4  alternatives to fee simple techniques.

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

  6  sales comparison information has served as an impediment to

  7  successful implementation of alternatives to fee simple

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

  9  absence of direct comparable sales information, appraisals of

10  alternatives to fee simple acquisitions be based on the

11  difference between the full fee simple valuation and the value

12  of the interests remaining with the seller after acquisition.

13         (e)  The public agency which has been assigned

14  management responsibility shall inspect and monitor any

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

16  purchase agreement relating to such interest.

17         (15)(14)  The board of trustees, by an affirmative vote

18  of five members, may direct the department to purchase lands

19  on an immediate basis using up to 15 percent of the funds

20  allocated to the department pursuant to s. 259.101(3)(a) for

21  the acquisition of lands that:

22         (a)  Are listed or placed at auction by the Federal

23  Government as part of the Resolution Trust Corporation sale of

24  lands from failed savings and loan associations;

25         (b)  Are listed or placed at auction by the Federal

26  Government as part of the Federal Deposit Insurance

27  Corporation sale of lands from failed banks; or

28         (c)  Will be developed or otherwise lost to potential

29  public ownership, or for which federal matching funds will be

30  lost, by the time the land can be purchased under the program

31  within which the land is listed for acquisition.

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  1

  2  For such acquisitions, the board of trustees may waive or

  3  modify all procedures required for land acquisition pursuant

  4  to this chapter and all competitive bid procedures required

  5  pursuant to chapters 255 and 287. Lands acquired pursuant to

  6  this subsection must, at the time of purchase, be on one of

  7  the acquisition lists established pursuant to this chapter, be

  8  essential for water resource protection or restoration, or a

  9  significant portion of the lands must contain natural

10  communities or plant or animal species which are listed by the

11  Florida Natural Areas Inventory as critically imperiled,

12  imperiled, or rare, or as excellent quality occurrences of

13  natural communities.

14         Section 11.  Paragraph (f) of subsection (9) of section

15  259.101, Florida Statutes, is amended to read:

16         259.101  Florida Preservation 2000 Act.--

17         (9)

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

19  fiscal year 1998-1999, that portion of the unencumbered

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

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

22  Preservation 2000 account for more than two fiscal years shall

23  be redistributed equally to the Conservation and Recreation

24  Lands Trust Fund and the Water Management Lands Trust Fund

25  Department of Environmental Protection, the Division of State

26  Lands P2000 subaccount for the purchase of state lands as

27  described in s. 259.032, and to the Water Management District

28  P2000 subaccount for the purchase of water management district

29  lands pursuant to ss. 373.59, 373.456, and 373.4592.  For the

30  purposes of this subsection, the term "unencumbered balances"

31  means the portion of Preservation 2000 bond proceeds which is

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  1  not obligated through the signing of a purchase contract

  2  between a public agency and a private landowner, except that

  3  the program described in paragraph (3)(c) may not lose any

  4  portion of its unencumbered funds which remain unobligated

  5  because of extraordinary circumstances that hampered the

  6  affected local governments' abilities to close on land

  7  acquisition projects approved through the Florida Communities

  8  Trust program.  Extraordinary circumstances shall be

  9  determined by the Florida Communities Trust governing body and

10  may include such things as death or bankruptcy of the owner of

11  property; a change in the land use designation of the

12  property; natural disasters that affected a local government's

13  ability to consummate the sales contract on such property; or

14  any other condition that the Florida Communities Trust

15  governing board determined to be extraordinary. The portion of

16  the funds redistributed deposited in the Water Management

17  District P2000 subaccount Water Management Lands Trust Fund

18  shall be distributed to the water management districts as

19  provided in s. 373.59(8)(7).

20         2.  The department and the water management districts

21  may enter into joint acquisition agreements to jointly fund

22  the purchase of lands using alternatives to fee simple

23  techniques.

24         Section 12.  Section 259.105, Florida Statutes is

25  created to read:

26         259.105  The Florida 2020 Act.--

27         (1)  This section may be cited as the "Florida 2020

28  Act."

29         (2)(a)  The Legislature finds and declares that:

30         1.  The alteration and development of Florida's natural

31  areas to accommodate its rapidly growing population have

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  1  contributed to the degradation of water resources, the

  2  fragmentation and destruction of wildlife habitats, the loss

  3  of outdoor recreation space, and the diminishment of wetlands,

  4  forests, and public beaches.

  5         2.  The potential development of Florida's remaining

  6  natural areas and escalation of land values require a

  7  continuation of government efforts to restore, bring under

  8  public protection, or acquire lands and water areas to

  9  preserve the state's invaluable quality of life.

10         3.  Florida's groundwater, surface waters, and springs

11  are under tremendous pressure due to population growth and

12  economic expansion and require special protection and

13  restoration efforts.  To ensure that sufficient quantities of

14  water are available to meet the current and future needs of

15  the natural systems, and assist in achieving the planning

16  goals of the department and the water management districts,

17  water resource development projects on public lands, where

18  compatible with the purposes for which the lands were

19  acquired, are appropriate.

20         4.  The needs of urban Florida for high-quality outdoor

21  recreational opportunities, greenways, trails, and open space

22  have not been fully met by previous acquisition programs.

23  Through such programs as the Florida Communities Trust, the

24  state shall place additional emphasis on acquiring,

25  protecting, preserving, and restoring open space, greenways,

26  and recreation properties within urban areas where pristine

27  natural communities or water bodies no longer exist because of

28  their proximity to developed property.

29         5.  Access to public lands to support a broad range of

30  outdoor recreational opportunities and the development of

31  necessary infrastructure, where compatible with the resource

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  1  values of and management objectives for such lands, promotes

  2  an appreciation for Florida's natural assets and improves the

  3  quality of life.

  4         6.  Acquisition of lands, in fee simple or in any

  5  lesser interest, should be based on a comprehensive assessment

  6  of Florida's natural resources and planned so as to protect

  7  the integrity of ecological systems and to provide multiple

  8  benefits, including preservation of fish and wildlife habitat,

  9  recreation space for urban as well as rural areas, and water

10  recharge.

11         7.  Multiple use of the lands being acquired by the

12  state pursuant to Florida 2020 and future purchases may be

13  allowed where compatible with the resource values of and

14  management objectives for such lands.  As used in this act,

15  multiple use includes public recreation, water supply, water

16  resource development projects, and sustainable forestry

17  management, where appropriate.  As provided in this act,

18  permittable water resource development and water supply

19  development projects may be allowed only under the following

20  conditions:  the minimum flows and levels have been

21  established for those waters potentially affected by the

22  project; the project complies with all conditions for the

23  issuance of permits under part II of chapter 373; and the

24  project must be consistent with the regional water supply plan

25  of the respective water management districts.

26         (b)  The Legislature recognizes that acquisition is

27  only one way to achieve the aforementioned goals, and

28  encourages the development of creative partnerships between

29  governmental agencies and private landowners.  Land protection

30  agreements and similar tools should be used, where

31  appropriate, to bring environmentally sensitive tracts under

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  1  an acceptable level of protection at a lower financial cost to

  2  the public, and to provide private landowners with the

  3  opportunity to enjoy and benefit from their property.

  4         (c)  Public agencies or other entities that receive

  5  funds under this act are encouraged to better coordinate their

  6  expenditures so that project acquisitions, when combined with

  7  acquisitions under the Preservation 2000, Save Our Rivers, the

  8  Florida Communities Trust, and other public land acquisition

  9  programs, will form more complete patterns of protection for

10  natural areas and functioning ecosystems, to better accomplish

11  the intent of the Florida 2020 Act.

12         (d)  A long-term financial commitment to managing

13  Florida's public lands must accompany any new land acquisition

14  program to ensure that the natural resource values of such

15  lands are protected, that the public has the opportunity to

16  enjoy the lands to their fullest potential, and that the state

17  achieves the full benefits of its investment of public

18  dollars.

19         (e)  With limited dollars available for restoration and

20  acquisition of land and water areas, and to provide long-term

21  management and capital improvements, a competitive selection

22  process can select those projects best able to meet the goals

23  of Florida 2020 and maximize the efficient use of the

24  program's funding.

25

26  As it has with previous land acquisition programs, the

27  Legislature recognizes the desires of the citizens of this

28  state to prosper through economic development and to preserve

29  the natural areas and recreational open space of Florida.  The

30  Legislature further recognizes the urgency of restoring the

31  natural functions of public lands or water bodies before they

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  1  are degraded to a point where recovery may never occur, yet

  2  acknowledges the difficulty of ensuring adequate funding for

  3  restoration efforts in light of other equally critical

  4  financial needs of the state.  It is the Legislature's desire

  5  and intent to fund the implementation of the Florida 2020 Act,

  6  and to do so in a fiscally responsible manner, by issuing

  7  bonds to be repaid with documentary stamp tax revenue.

  8         (3)  Less the costs of issuing, and the costs of

  9  funding reserve accounts and other costs associated with

10  bonds, the proceeds of bonds issued pursuant to this act for

11  non-educational purposes shall be deposited into the Florida

12  2020 Trust Fund created by s. 259.1051. The proceeds shall be

13  distributed by the Department of Environmental Protection for

14  purposes consistent with s. 19, Art. VII of the State

15  Constitution, and in a manner to be prescribed by general law,

16  effective no later than July 1, 2000.

17         (4)  Less the costs of issuing, and the costs of

18  funding reserve accounts and other costs associated with

19  bonds, the proceeds of bonds issued pursuant to this act for

20  post-secondary purposes also shall be deposited into the

21  Florida 2020 Trust Fund.  The proceeds shall be distributed by

22  the Department of Education for purposes consistent with s.

23  19, Art. VII of the State Constitution, and in a manner to be

24  prescribed by general law, effective no later than July 1,

25  2000.

26         (5)  The bond proceeds generated pursuant to subsection

27  (3) shall be used to:

28         (a)  Restore lands or water areas to conditions that

29  improve their natural functions and attributes.  Funds

30  distributed under this category may be used to implement

31  surface water improvement and management plans developed in

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  1  accordance with s. 373.456 and selected pursuant to this

  2  section.

  3         (b)  Acquire lands or water areas, including inholdings

  4  and additions to existing properties in public ownership, for

  5  conservation or preservation purposes.  To be eligible, these

  6  lands should:

  7         1.  Have imperiled, critically imperiled, or rare

  8  natural communities of native vegetation and wildlife, or have

  9  excellent quality occurrences of natural communities;

10         2.  Serve as habitat for endangered or threatened plant

11  or animal species;

12         3.  Promote or protect significant groundwater

13  recharge;

14         4.  Include regionally significant water bodies;

15         5.  Have significant archeological or historical sites;

16         6.  Serve to provide outdoor recreation;

17         7.  Enhance or facilitate management of properties

18  already under public ownership; or

19         8.  Complete the statewide system of greenways and

20  trails.

21

22  In selecting lands for acquisition under this category,

23  significant weight shall be given to proposed projects that

24  include attributes or natural resource values underrepresented

25  in the state's inventory of public lands. Additionally, funds

26  distributed under this category may be used to acquire lands

27  necessary to implement surface water improvement and

28  management plans prepared in accordance with s. 373.456 and

29  selected to receive Florida 2020 funds pursuant to this

30  section.

31

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  1         (c)  Acquire lands for water resource development as

  2  defined in s. 373.019(19), including water resource

  3  development projects developed pursuant to s. 373.0361, and

  4  for water supply development projects that meet the criteria

  5  of s. 373.0831(4).  However, the bond proceeds shall not be

  6  used to finance the construction of wellfield or desalination

  7  facilities or any activities or facilities included in the

  8  term "water supply development" as defined in s. 373.019.

  9         (d)  Acquire lands for outdoor recreational purposes,

10  to include active and passive activities as described in s.

11  259.032(9)(a)2.  An additional emphasis will be placed on

12  acquiring greenspace or greenways and trails for urban areas.

13         (e)  Make capital improvements to land or water areas

14  that improve public access, develop recreational facilities,

15  or promote more efficient and effective management of such

16  areas.

17         (f)  Restore and reclaim forestry lands to enhance and

18  ensure their continued value as ecosystems.  Funds distributed

19  under this category may be used to implement reforestation

20  plans.  Funds distributed under this category shall be used to

21  implement sustainable forestry management practices.

22

23  By July 1, 2000, the Legislature shall establish by general

24  law the percentage distributions of Florida 2020 funds for

25  each of the above categories, after consideration of the

26  recommendations of the Florida 2020 Study Commission.

27         (6)(a)  In evaluating acquisition proposals under this

28  program, and developing the 5-year project list, significant

29  weight shall be given to whether:

30         1.  A significant portion of the land in the project is

31  in imminent danger of development, in imminent danger of

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  1  losing its significant natural attributes or recreational open

  2  space, or in imminent danger of subdivision which will result

  3  in multiple ownership and make acquisition of the project more

  4  costly or less likely to be accomplished.

  5         2.  Compelling evidence exists that the land is likely

  6  to be developed during the next 12 months, or appraisals made

  7  during the past 5 years indicate an escalation in land value

  8  at an average rate that exceeds the average rate of interest

  9  likely to be paid on the bonds.

10         3.  The project can be purchased at 80 percent of

11  appraised value or less.

12         4.  The project can, in whole or part, be acquired

13  using alternatives to fee simple, including, but not limited

14  to, purchase of development rights, hunting rights,

15  agricultural or silvicultural rights, or mineral rights;

16  obtaining conservation easements or flowage easements; or use

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

18         5.  The project is a joint acquisition, either among

19  public agencies, non-profit organizations, private entities,

20  or a public-private partnership.

21         6.  Creative management strategies are planned for the

22  project.  Such strategies may include public-private

23  partnerships to manage the land or water area, the

24  implementation of multiple-use and revenue-generating

25  management strategies, where compatible with resource

26  protection or restoration, or use of community volunteers to

27  help manage the property.

28         7.  The project is one of the components of the

29  Everglades restoration effort.

30         8.  The project would achieve multiple goals of the

31  Florida 2020 Program, as listed in subsection (2).

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  1         (b)  Each year that bonds are to be issued pursuant to

  2  this act, the council or commission charged with overseeing

  3  the program shall review that year's approved project priority

  4  list and shall, by the first board meeting in February,

  5  present to the Board of Trustees of the Internal Improvement

  6  Trust Fund for approval a listing of projects representing the

  7  categories which meet three or more of the criteria listed in

  8  paragraph (a).  The board of trustees may remove projects from

  9  the list developed pursuant to this paragraph but may not add

10  projects or re-arrange project rankings.

11         (c)  In acquiring coastal lands pursuant to this

12  section, the following additional criteria also shall be

13  considered:

14         1.  The value of acquiring coastal high-hazard parcels,

15  consistent with hazard mitigation and postdisaster

16  redevelopment policies, in order to minimize the risk to life

17  and property and to reduce the need for future disaster

18  assistance.

19         2.  The value of acquiring beachfront parcels,

20  irrespective of size, to provide public access and

21  recreational opportunities in highly developed urban areas.

22         3.  The value of acquiring identified parcels the

23  development of which would adversely affect coastal resources.

24         (d)  When a nonprofit organization, whose purposes

25  include preservation of natural resources and which is tax

26  exempt pursuant to s. 501(c)(3) of the United States Internal

27  Revenue Code, sells land to the state, such land at the time

28  of such sale shall be deemed to meet three or more of the

29  criteria listed in paragraph (a) if such land meets three or

30  more of the criteria at the time the organization purchases

31  the land.

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  1         (7)(a)  The council or commission charged with

  2  overseeing the program shall use the project criteria listed

  3  in subsection (6) to competitively evaluate, select, and rank

  4  projects eligible for Florida 2020 funds.

  5         (b)  State agencies, local governments, nonprofit and

  6  for-profit organizations, private land trusts, and individuals

  7  shall be eligible to present project proposals and to acquire

  8  lands.  The title to lands acquired under the Florida 2020 Act

  9  shall vest in the Board of Trustees of the Internal

10  Improvement Trust Fund, except that title to lands acquired by

11  a water management district shall vest in the name of that

12  district and lands acquired by a local government shall vest

13  in the name of the purchasing local government.

14         (8)(a)  Any lands acquired pursuant to this program,

15  where title is vested in the Board of Trustees of the Internal

16  Improvement Trust Fund, may be disposed of by the board in

17  accordance with the procedures set forth in s. 253.034(6).

18  Lands whose titles vest in a water management district

19  governing board may be disposed of by the owning water

20  management district in accordance with the procedures set

21  forth in ss. 373.056 and 373.089.  All agencies which hold

22  title to lands acquired under the Florida 2020 program shall

23  biennially evaluate their inventory of such lands to determine

24  whether any of the properties are suitable for surplus.

25         (b)  Lands determined to be surplus pursuant to this

26  subsection shall be sold for fair market value, except the

27  price of lands sold as surplus to a local government shall not

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

29  district to originally acquire the lands.

30         (c)  Before land can be determined to be of no further

31  benefit to the public as required by s. 253.034(6), or to be

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  1  no longer required for its purposes under s. 373.056(4), there

  2  shall first be a determination by the commission that such

  3  land no longer needs to be preserved in furtherance of the

  4  intent of the Florida 2020 Act.

  5         1.  For lands proposed for surplus within the original

  6  project boundaries or the core parcel there must be a finding

  7  by the commission that the land has no unique or high-qualtiy

  8  natural resources; is of low natural resource values, as

  9  determined by a biological assessment or survey conducted by

10  the Florida Natural Areas Inventory or its successor, or is of

11  lower natural resource values than the land proposed to be

12  purchased with the proceeds from its sale. The board of

13  trustees shall review and approve or deny surplusing decisions

14  pursuant to this subparagraph.

15         2.  For lands proposed for surplus located outside of

16  the original project boundary the commission shall presume

17  that the lands are to be surplused unless:

18         a.  A biological assessment or survey conducted by he

19  Florida Natural Areas Inventory or its successor has

20  determined that the lands are of such quality that surplusing

21  should not be approved; or

22         b.  The lead managing agency can provide sufficient

23  evidence that the loss of such lands would substantially harm

24  the purposes for which the land was purchased.

25         3.  Decisions regarding surplusing pursuant to

26  subparagraph 2. shall be reviewed and approved or denied by

27  the board of trustees.

28         (d)  Requests for surplusing may be made by any public

29  or private entity or person. All requests are to be submitted

30  to the lead managing agency for review and recommendation to

31  the commission. Lead managing agencies shall have 90 days to

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  1  review such requests and make recommendations. Any surplusing

  2  requests that have not been acted upon within the requirements

  3  of this paragraph shall be immediately scheduled for hearing

  4  at the next regularly scheduled commission meeting.

  5         (e)  Notwithstanding paragraphs (a)-(c), no such

  6  disposition of land shall be made if such disposition would

  7  have the effect of causing all or any portion of the interest

  8  on any revenue bonds issued to fund the Florida 2020 Act to

  9  lose the exclusion from gross income for purposes of federal

10  income taxation.  Any revenue derived from the disposal of

11  such lands may not be used for any purpose except for deposit

12  into the Florida 2020 Trust Fund, the Water Management Lands

13  Trust Fund, or the appropriate local government trust fund,

14  depending on the entity which held title to the land, for the

15  acquisition of new lands which meet the criteria pursuant to

16  this section.

17         (f)  Lands identified as suitable for surplus shall

18  first be offered to local governmental entities for a period

19  of 90 days.  Local governmental uses for such surplus lands

20  may include public schools, public libraries, fire or law

21  enforcement substations, and recreational centers. Local

22  governmental requests for surplus lands shall be expedited

23  throughout the surplusing process.  State agencies shall have

24  the subsequent opportunity to acquire the surplus lands, for a

25  period not to exceed 30 days after the offer to local

26  governments expires.  Surplus properties in which governmental

27  agencies have expressed no interest shall then be available

28  for sale on the private market.

29         (9)(a)  The Board of Trustees of the Internal

30  Improvement Trust Fund, or, in the case of water management

31  district lands, the owning water management district, may

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  1  authorize the granting of a lease, easement, or license for

  2  the use of certain lands acquired pursuant to this section,

  3  for certain governmental uses that are determined by the

  4  appropriate board to be compatible with the purposes for which

  5  these lands were acquired.  Such governmental uses may include

  6  public schools, public libraries, fire or law enforcement

  7  substations, and recreational centers.

  8         (b)  Any existing lease, easement, or license acquired

  9  for incidental public or private use on, under, or across any

10  lands acquired pursuant to this section shall be presumed to

11  be compatible with the purposes for which such lands were

12  acquired.

13         (c)  Notwithstanding the provisions of paragraph (a),

14  no such lease, easement, or license shall be entered into by

15  the Department of Environmental Protection or other

16  appropriate state agency if the granting of such lease,

17  easement, or license would adversely affect the exclusion of

18  the interest on any revenue bonds issued to fund the

19  acquisition of the affected lands from gross income for

20  federal income tax purposes, pursuant to Internal Revenue

21  Service regulations.

22         (10)  The Florida Lands Commission may adopt rules

23  necessary to implement the provisions of this section relating

24  to scoring and selecting Florida 2020 project proposals and

25  disposing or leasing of lands or water areas selected for

26  funding through the Florida 2020 program. The department, the

27  water management districts, and other public agencies may

28  adopt rules necessary to implement the provisions of this

29  section relating to restoration, acquisition, improvement, and

30  management of lands and water areas with Florida 2020 funds,

31  as well as disposition or leasing of properties acquired under

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  1  the program. Additionally, the department may adopt rules

  2  necessary to administer the Florida 2020 Trust Fund and the

  3  moneys deposited into the fund.

  4         Section 13.  Subsections (1) and (2) of section

  5  373.459, Florida Statutes, are amended to read:

  6         373.459  Funds for surface water improvement and

  7  management.--

  8         (1)  The Ecosystem Management and Restoration Trust

  9  Fund shall be used for the deposit of funds appropriated by

10  the Legislature for the purposes of ss.

11  373.451-373.4595.  Among the sources of funds shall be bond

12  proceeds from the Florida 2020 program, pursuant to s.

13  259.105. The department shall administer all funds

14  appropriated to or received for surface water improvement and

15  management activities.  Expenditure of the moneys shall be

16  limited to the costs of detailed planning for and

17  implementation of programs prepared for priority surface

18  waters. Moneys from the fund shall not be expended for

19  planning for, or construction or expansion of, treatment

20  facilities for domestic or industrial waste disposal.

21         (2)  The secretary of the department shall authorize

22  the release of money from the fund within 30 days after

23  receipt of a request adopted by the governing board of a water

24  management district or by the executive director when

25  authority has been delegated by the governing board,

26  certifying that the money is needed for detailed planning for

27  or implementation of plans approved pursuant to ss. 373.453,

28  373.455, and 373.456.  A water management district may not

29  receive more than 50 percent of the moneys appropriated to the

30  fund for the purposes of ss. 373.451-373.4595 in any fiscal

31  year unless otherwise provided for by law.  Each year after

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  1  funds are appropriated, each water management district shall

  2  receive the amount requested pursuant to s. 373.453(4) or 10

  3  percent of the money appropriated for the purposes of ss.

  4  373.451-373.4595, whichever is less.  The department shall

  5  allocate the remaining money in the appropriation for such

  6  purposes annually, based upon the specific needs of the

  7  districts.  The department, at its discretion, may include any

  8  funds allocated to a district for such purposes in previous

  9  years which remain unencumbered by the district on July 1, to

10  the amount of money to be distributed based upon specific

11  needs of the districts.  To be eligible for Florida 2020

12  funds, plans also must have been selected pursuant to s.

13  259.105.

14         Section 14.  Subsections (1), (4), (6), and (12) of

15  section 373.59 are amended to read:

16         373.59  Water Management Lands Trust Fund.--

17         (1)  There is established within the Department of

18  Environmental Protection the Water Management Lands Trust Fund

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

20  section. The moneys in this fund are hereby continually

21  appropriated for the purposes of land acquisition, management,

22  maintenance, capital improvements, payments in lieu of taxes,

23  and administration of the fund in accordance with the

24  provisions of this section.  However, any funds appropriated

25  pursuant to s. 259.105 may not be used for land management and

26  maintenance, payment in lieu of taxes, or fund administration.

27         (4)(a)  Moneys from the Water Management Lands Trust

28  Fund shall be used for acquiring the fee or other interest in

29  lands necessary for water management, water supply, and the

30  conservation and protection of water resources, except that

31  such moneys shall not be used for the acquisition of

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  1  rights-of-way for canals or pipelines.  Such moneys shall also

  2  be used for management, maintenance, and capital improvements.

  3  Interests in real property acquired by the districts under

  4  this section may be used for permittable water resource

  5  development and water supply development purposes under the

  6  following conditions: the minimum flows and levels of priority

  7  water bodies on such lands have been established; the project

  8  complies with all conditions for issuance of a permit under

  9  part II of this chapter; and the project is compatible with

10  the purposes for which the land was acquired.  Lands acquired

11  with moneys from the fund shall be managed and maintained in

12  an environmentally acceptable manner and, to the extent

13  practicable, in such a way as to restore and protect their

14  natural state and condition.

15         (b)  The Secretary of Environmental Protection shall

16  release moneys from the Water Management Lands Trust Fund to a

17  district for preacquisition costs within 30 days after receipt

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

19  which identifies and justifies any such preacquisition costs

20  necessary for the purchase of any lands listed in the

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

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

23  resolution, and the department shall deposit the unused funds

24  into the Water Management Lands Trust Fund.

25         (c)  The Secretary of Environmental Protection shall

26  release acquisition moneys from the Water Management Lands

27  Trust Fund to a district following receipt of a resolution

28  adopted by the governing board identifying the lands being

29  acquired and certifying that such acquisition is consistent

30  with the plan of acquisition and other provisions of this act.

31  The governing board shall also provide to the Secretary of

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  1  Environmental Protection a copy of all certified appraisals

  2  used to determine the value of the land to be purchased. Each

  3  parcel to be acquired must have at least one appraisal. Two

  4  appraisals are required when the estimated value of the parcel

  5  exceeds $500,000. However, when both appraisals exceed

  6  $500,000 and differ significantly, a third appraisal may be

  7  obtained. If the purchase price is greater than the appraisal

  8  price, the governing board shall submit written justification

  9  for the increased price.  The Secretary of Environmental

10  Protection may withhold moneys for any purchase that is not

11  consistent with the 5-year plan, the criteria of the Florida

12  2020 Program, or the intent of this act.  Additionally, the

13  Secretary may withhold moneys for proposed acquisitions that

14  are or that is in excess of appraised value. The governing

15  board may appeal any denial to the Land and Water Adjudicatory

16  Commission pursuant to s. 373.114.

17         (d)  The Secretary of Environmental Protection shall

18  release to the districts moneys for management, maintenance,

19  and capital improvements following receipt of a resolution and

20  request adopted by the governing board which specifies the

21  designated managing agency, specific management activities,

22  public use, estimated annual operating costs, and other

23  acceptable documentation to justify release of moneys.

24         (6)  If a district issues revenue bonds or notes under

25  s. 373.584, the district may pledge its share of the moneys in

26  the Water Management Lands Trust Fund as security for such

27  bonds or notes. The Department of Environmental Protection

28  shall pay moneys from the trust fund to a district or its

29  designee sufficient to pay the debt service, as it becomes

30  due, on the outstanding bonds and notes of the district;

31  however, such payments shall not exceed the district's

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  1  cumulative portion of the trust fund. However, any moneys

  2  remaining after payment of the amount due on the debt service

  3  shall be released to the district pursuant to subsection (4)

  4  (3).

  5         (12)  A district may dispose of land acquired under

  6  this section, pursuant to s. 373.056 or s. 373.089.  However,

  7  revenue derived from such disposal may not be used for any

  8  purpose except the purchase of other lands meeting the

  9  criteria specified in this section or payment of debt service

10  on revenue bonds or notes issued under s. 373.584, as provided

11  in this section.  Any funds derived from the surplus of lands

12  acquired under the Florida 2020 program shall be used only to

13  purchase other lands meeting the criteria of s. 259.105.

14         Section 15.  Subsections (1) and (2) of section

15  375.075, Florida Statutes are amended to read:

16         375.075  Outdoor recreation; financial assistance to

17  local governments.--

18         (1)  The Department of Environmental Protection is

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

20  Recreation Development Assistance Program to provide grants to

21  qualified local governmental entities to acquire or develop

22  land for public outdoor recreation purposes.  To the extent

23  not needed for debt service on bonds issued pursuant to s.

24  375.051, each fiscal year through fiscal year 2000-2001, the

25  department shall develop and plan a program which shall be

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

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

28  201.15(2) and (3) in that year.  Beginning in fiscal year

29  2001-2002, the department and the Florida Communities Trust

30  shall coordinate their efforts in assisting qualified counties

31  and municipalities with the acquisition and development of

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  1  public outdoor recreational facilities, to be funded by the

  2  Florida 2020 Trust Fund and selected pursuant to the process

  3  established in s. 259.105(7).

  4         (2)(a)  The department shall adopt, by rule, procedures

  5  to govern the program, which shall include, but need not be

  6  limited to, a competitive project selection process designed

  7  to maximize the outdoor recreation benefit to the public.

  8         (b)  Selection criteria shall, at a minimum, rank:

  9         1.  The extent to which the project would implement the

10  outdoor recreation goals, objectives, and priorities specified

11  in the state comprehensive outdoor recreation plan; and

12         2.  The extent to which the project would provide for

13  priority resource or facility needs in the region as specified

14  in the state comprehensive outdoor recreation plan.

15         (c)  No release of funds from the Land Acquisition

16  Trust Fund, or from the Florida 2020 Trust Fund beginning in

17  fiscal year 2001-2002, for this program may be made for these

18  public recreation projects until the projects have been

19  selected through the competitive selection process provided

20  for in this section.

21         Section 16.  Subsections (4) and (11) of section

22  380.507 are amended, and subsection (15) is added to said

23  section, to read:

24         380.507  Powers of the trust.--The trust shall have all

25  the powers necessary or convenient to carry out the purposes

26  and provisions of this part, including:

27         (4)  To acquire and dispose of real and personal

28  property or any interest therein when necessary or appropriate

29  to protect the natural environment, provide public access or

30  public recreational facilities, preserve wildlife habitat

31  areas, provide access for managing acquired lands, or

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  1  otherwise carry out the purposes of this part.  If the trust

  2  acquires land for permanent state ownership, title to such

  3  land shall be vested in the Board of Trustees of the Internal

  4  Improvement Trust Fund, otherwise, title to property acquired

  5  in partnership with a county or municipality shall vest in the

  6  name of the local government. Notwithstanding any other

  7  provision of law, the trust may enter into an option agreement

  8  to purchase lands included in projects approved according to

  9  this part, when necessary to reserve lands during the

10  preparation of project plans and during acquisition

11  proceedings. The consideration for an option shall not exceed

12  $100,000.

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

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

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

16  adopt rules governing the acquisition of lands by local

17  governments or the trust using proceeds from the Preservation

18  2000 Trust Fund and the Florida 2020 Trust Fund. Such rules

19  must include, but are not limited to, procedures for

20  appraisals and confidentiality consistent with ss.

21  125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of

22  determining a maximum purchase price, and procedures to assure

23  that the land is acquired in a voluntarily negotiated

24  transaction, surveyed, conveyed with marketable title, and

25  examined for hazardous materials contamination. Land

26  acquisition procedures of a local land authority created

27  pursuant to s. 380.0663 or s. 380.0677 shall be used for the

28  land acquisition programs described by s. 259.101(3)(c) and s.

29  259.105 if within areas of critical state concern designated

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

31

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  1         (15)  Beginning fiscal year 2001-2002, in order to

  2  receive funds through the Florida 2020 program, the trust

  3  shall participate in the process established in s. 259.105(7).

  4         Section 17.  Subsection (7) of section 380.510, Florida

  5  Statutes, is amended to read:

  6         380.510  Conditions of grants and loans.--

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

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

  9  the Florida 2020 Trust Fund shall be held separate and apart

10  from any other funds held by the trust and shall be used only

11  to pay the cost of the acquisition of lands by a local

12  government or the state for the purposes of this part. Such

13  funds may not be used to pay for a redevelopment project or an

14  urban waterfront restoration project or for site reservation

15  except to acquire lands to help implement the goals,

16  objectives, and policies of the coastal, the conservation, or

17  recreation and open space elements of the local comprehensive

18  plan.  In addition to the other conditions set forth in this

19  section, the disbursement of Preservation 2000 and Florida

20  2020 funds from the trust shall be subject to the following

21  conditions:

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

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

24  Florida 2020 Trust Fund shall be subject to such terms and

25  conditions imposed thereon by the agency of the state

26  responsible for the revenue bonds, the proceeds of which are

27  deposited in the Preservation 2000 Trust Fund and the Florida

28  2020 Trust Fund, including restrictions imposed to ensure that

29  the interest on any such revenue bonds issued by the state as

30  tax-exempt revenue bonds will not be included in the gross

31

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  1  income of the holders of such bonds for federal income tax

  2  purposes.

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

  4  property acquired with funds received by the trust from the

  5  Preservation 2000 Trust Fund shall contain such covenants and

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

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

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

  9  respect to any real property acquired with funds received by

10  the trust from the Florida 2020 Trust Fund shall contain such

11  covenants and restrictions as are sufficient to ensure that

12  the use of such real property at all times complies with s.

13  259.105 and s. 19, Art. VII of the State Constitution.  Each

14  deed or lease shall contain a reversion, conveyance, or

15  termination clause that will vest title in the Board of

16  Trustees of the Internal Improvement Trust Fund if any of the

17  covenants or restrictions are violated by the titleholder or

18  leaseholder or by some third party with the knowledge of the

19  titleholder or leaseholder.

20         Section 18.    The Florida 2020 Study Commission.--

21         (1)(a)  There is created the Florida 2020 Commission,

22  consisting of 11 members.  The Governor shall appoint five

23  members and the President of the Senate and the Speaker of the

24  House of Representatives each shall appoint three

25  members.  The membership of the commission shall reflect a

26  broad range of interests and expertise related to land

27  restoration, acquisition, and management, including, but not

28  limited to, persons with training in hydrogeology, wildlife

29  biology, engineering, real estate and forestry management, and

30  persons with substantial expertise representing environmental

31  interests; agricultural and silvicultural interests; outdoor

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  1  recreational interests; and land development interests.  Each

  2  appointing authority shall consider gender and racial balance

  3  in addition to particular expertise when making appointments.

  4         (b)  Each member of the commission may receive per diem

  5  and expenses for travel, as provided in s. 112.061, Florida

  6  Statutes, while carrying out the official business of the

  7  commission. No person who is or has been a lobbyist as defined

  8  in s. 112.3148 at any time during the 24 months preceding the

  9  nomination with any entity whose interests could be affected

10  by recommendations of the commission, shall be appointed.

11         (c)  The commission shall be staffed by an executive

12  director and other personnel who are appointed by the

13  commission and who are exempt from part II of chapter 110,

14  Florida Statutes, relating to the Career Service System.

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 August 31, 1999.  The

20  Governor shall designate, from among the appointees, who will

21  chair the commission.

22         (2)  The Florida 2020 Study Commission shall:

23         (a)  Develop recommendations on the:

24         1.  Relative priority of each funding category listed

25  in s. 259.105(5), Florida Statutes.

26         2.  Process by which restoration, acquisition, and

27  capital improvement projects are competitively selected by the

28  Florida Lands Commission.

29         3.  Opportunities for the Surface Water Improvement and

30  Management Program, the Conservation and Recreation Lands

31  Program, the Save Our Rivers Program, and other statutorily

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  1  created programs to obtain funding through the Florida 2020

  2  program.

  3         4.  Projects on acquisition lists currently funded

  4  through the Preservation 2000 program that, in the likelihood

  5  they are not bought before the expiration of that program,

  6  should be considered for inclusion in the 5 year plans to be

  7  developed by the Florida Lands Commission.

  8         (b)  Base its recommendations on:

  9         1.  Comments received during a minimum of six public

10  hearings, in different areas of the state, held for the

11  purpose of gathering public input and recommendations relative

12  to the implementation of the Florida 2020 program.

13         2.  An evaluation of Florida's existing public land

14  acquisition programs for conservation, preservation, and

15  recreational purposes to determine what each program has

16  accomplished; whether each program achieved or appears to be

17  achieving its statutory goals and objections; and the extent

18  of Florida's unmet needs for restoration and management of

19  public lands and water areas and the acquisition of privately

20  owned lands and water areas.

21         (c)  The Florida 2020 Study Commission shall submit a

22  report of its findings and recommendations to the Governor,

23  the President of the Senate, the Speaker of the House of

24  Representatives, and the chairs of the appropriations and

25  relevant substantive legislative committees by July 1, 1999.

26         (3)  There is hereby appropriated $125,000 from the

27  Conservation and Recreation Lands Trust Fund and $125,000 from

28  the Water Management Lands Trust Fund for fiscal year

29  1998-1999 to fund the administrative expenses of the Florida

30  2020 Study Commission.

31

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  1         Section 19.  Except as otherwise provided herein, this

  2  act shall take effect contingent on passage of a

  3  constitutional amendment authorizing bonding authority for the

  4  Florida 2020 program.

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