House Bill 4551c2

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    Florida House of Representatives - 1998          CS/CS/HB 4551

        By the Committees on General Government Appropriations,
    Environmental Protection and Representatives Safley,
    Constantine, K. Pruitt, Sembler, Saunders, Carlton,
    Eggelletion, Chestnut, Warner, Gay, Murman, Crow, Culp and
    Andrews


  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. 373.139,

11         F.S.; prohibiting water management districts

12         from participating in certain acquisitions by

13         eminent domain under certain circumstances;

14         amending s. 373.459, F.S.; specifying that

15         Florida 2020 bond proceeds may be deposited

16         into the Ecosystem Management and Restoration

17         Trust Fund for use in financing Surface Water

18         Improvement and Management projects; specifying

19         eligibility for certain funds; amending s.

20         373.59, F.S.; providing that Florida 2020 bond

21         proceeds may be spent to acquire water

22         management district lands; limiting funding of

23         management and related activities to

24         documentary stamp tax revenues legislatively

25         appropriated to the Water Management Lands

26         Trust Fund; specifying that any revenues from

27         the sale of water management district lands

28         acquired with Florida 2020 proceeds shall only

29         be spent to acquire lands that meet the

30         program's criteria; providing for payment in

31         lieu of taxes to qualifying school districts;

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

  2         Florida 2020 bond proceeds shall be available

  3         to fund those Florida Recreational Development

  4         and Assistance Program projects selected

  5         through the Florida 2020 program process;

  6         directing the Department of Environmental

  7         Protection and the Florida Communities Trust to

  8         assist qualified counties and municipalities to

  9         obtain certain grants; amending s. 380.507,

10         F.S.; providing for the Florida Communities

11         Trust program eligibility to receive Florida

12         2020 bond proceeds; providing procedures;

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

14         Florida 2020 Trust Fund moneys as subject to

15         conditions of grants and loans made by the

16         Florida Communities Trust; creating the Florida

17         2020 Study Commission; specifying membership,

18         duties, and responsibilities; requiring a

19         report of findings and recommendations to the

20         Governor, the President of the Senate, the

21         Speaker of the House of Representatives and

22         certain legislative committees; providing an

23         appropriation; providing for the sale of

24         specified lands by the Board of Trustees of the

25         Internal Improvement Trust Fund; providing for

26         the deposit of funds into the Preservation 2000

27         Trust Fund; specifying the purposes for which

28         funds derived from the future sale of such

29         lands may be used; directing the St. John's

30         River Water Management District and the South

31         Florida Water Management District to begin

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  1         immediate acquisition of certain parcels of

  2         real property for certain purposes; directing

  3         such water management districts to undertake

  4         condemnation proceedings under certain

  5         circumstances; amending a specified

  6         conservation easement; providing an effective

  7         date.

  8

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

10

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

12  201.15, Florida Statutes, is amended to read:

13         201.15  Distribution of taxes collected.--All taxes

14  collected under this chapter shall be subject to the service

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

16  follows:

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

18  the remaining taxes collected under this chapter shall be used

19  for the following purposes:

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

21  subsection, after the required payment under paragraph (a)

22  shall be distributed as necessary to make the payments

23  required under s. 201.155, and the remainder shall be paid

24  into the State Treasury to the credit of the Land Acquisition

25  Trust Fund and may be used for any purpose for which funds

26  deposited in the Land Acquisition Trust Fund may lawfully be

27  used.  Payments made under this paragraph shall continue until

28  the cumulative amount credited to the Land Acquisition Trust

29  Fund for the fiscal year under this paragraph and paragraph

30  (2)(b) equals 70 percent of the current official forecast for

31  distributions of taxes collected under this chapter pursuant

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  1  to subsection (2).  As used in this paragraph, the term

  2  "current official forecast" means the most recent forecast as

  3  determined by the Revenue Estimating Conference.  If the

  4  current official forecast for a fiscal year changes after

  5  payments under this paragraph have ended during that fiscal

  6  year, no further payments are required under this paragraph

  7  during the fiscal year.

  8         Section 2.  Section 201.155, Florida Statutes, is

  9  created to read:

10         201.155  Distribution of taxes for Florida 2020 Trust

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

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

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

14  obligations, or other amounts with respect to bonds issued

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

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

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

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

19  transferred to the Florida 2020 Trust Fund shall not exceed

20  $30 million in the first fiscal year in which bonds are

21  issued.  The limitation on the amount transferred shall be

22  increased by an additional $30 million in each subsequent

23  fiscal year in which bonds are authorized to be issued, but

24  shall not exceed a total of $600 million in any fiscal year

25  for all bonds issued.  It is the intent of the Legislature

26  that all bonds issued to fund the Florida 2020 Act be retired

27  by December 31, 2033.  No individual series of bonds may be

28  issued pursuant to this paragraph unless the first year's debt

29  service for such bonds is specifically appropriated in the

30  General Appropriations Act.

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  1         Section 3.  Section 235.45, Florida Statutes, is

  2  created to read:

  3         235.45  Florida Year 2020 Higher Education Facilities

  4  Program.--

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

  6  2020 Higher Education Facilities Program."

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

  8  the State Constitution and the State Bond Act, the issuance of

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

10  the principal amount, not to exceed $2 billion, to be

11  deposited in the Florida 2020 Trust Fund for the acquisition

12  of lands and related interests, the construction or

13  acquisition of classrooms and related facilities, renovation

14  of existing facilities, and the development of

15  telecommunications infrastructure for Florida's institutions

16  of higher learning, consisting of public universities and

17  community colleges, is hereby authorized at the request of the

18  Commissioner of Education pursuant to the State Bond Act.

19  Bonds issued to refund such bonds shall not be included within

20  the $2 billion limitation.

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 and the State Bond Act s. 215.59,

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

18  of the state in the principal amount, including any

19  refinancing, not to exceed:

20         (1)  Four billion dollars, on behalf of and at the

21  request of the Department of Environmental Protection, to be

22  deposited into the Florida 2020 Trust Fund for state capital

23  projects for the acquisition of lands, water areas, and

24  related interests and resources, in urban and rural settings,

25  for the purposes of conservation, recreation, environmental

26  restoration, water resource development, or historical

27  preservation, and for capital improvements to lands and water

28  areas that accomplish environmental restoration, enhance

29  public access and recreational enjoyment, promote long-term

30  management goals, and facilitate water resource development.

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  1         (2)  Two billion dollars, on behalf of and at the

  2  request of the Department of Education, to be deposited into

  3  the Florida 2020 Trust Fund for the acquisition of lands and

  4  related interests, the construction of classrooms and related

  5  facilities, and the development of telecommunication

  6  infrastructure, for institutions of higher learning in the

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

  8  projects for environmentally endangered lands and $40 million

  9  for state capital projects for outdoor recreation lands is

10  hereby authorized, subject to the provisions of ss.

11  259.01-259.06.

12         Section 5.  Section 259.021, Florida Statutes is

13  created to read:

14         259.021  Issuance of bonds subject to constitutional

15  authorization.--Financing or refinancing the acquisition or

16  restoration of, or capital improvements to, lands, water

17  areas, and related resources by public agencies under the

18  Florida 2020 Act is a public purpose for which bonds may be

19  issued subject to specific authorization in the State

20  Constitution to issue bonds to pay the cost of acquiring or

21  restoring such lands, water areas, and related resources and

22  to construct, improve, enlarge, and extend capital

23  improvements and facilities thereon as determined to be

24  necessary for the purposes of this act.  No bonds,

25  certificates, or other evidences of indebtedness shall be

26  issued for the purposes of this act except as specifically

27  authorized by the State Constitution.  All bonds,

28  certificates, or other evidences of indebtedness issued

29  pursuant to this act shall be issued at the request of the

30  department pursuant to the State Bond Act and shall be

31  submitted to the State Board of Administration for approval as

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  1  to fiscal sufficiency. No individual series of bonds may be

  2  issued pursuant to this section unless the first year's debt

  3  service for such bonds is specifically appropriated in the

  4  General Appropriations Act.

  5         Section 6.  Section 259.03, Florida Statutes, is

  6  amended to read:

  7         259.03  Definitions.--The following terms and phrases

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

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

10  context clearly indicates a different meaning:

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

12  pursuant to s. 259.035.

13         (2)  "State capital projects for environmentally

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

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

16  have as its purpose the conservation and protection of

17  environmentally unique and irreplaceable lands as valued

18  ecological resources of this state.

19         (3)  "State capital project for outdoor recreation

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

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

22  purposes set out in chapter 375.

23         (2)(4)  "Board" means the Governor and Cabinet, as the

24  Board of Trustees of the Internal Improvement Trust Fund.

25         (3)(5)  "Division" means the Division of Bond Finance

26  of the State Board of Administration.

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

28  (10), (11), (12), (15), and (16) of section 259.032, Florida

29  Statutes, are amended to read:

30         259.032  Conservation and Recreation Lands Trust Fund;

31  purpose.--

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

  2  this state shall be assured public ownership of natural areas

  3  for purposes of maintaining this state's unique natural

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

  5  water resource development to meet the needs of natural

  6  systems and citizens of this state; promoting restoration and

  7  reclamation activities on public lands; and providing lands

  8  for natural resource based recreation. In recognition of this

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

10  public lands for the people residing in urban and metropolitan

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

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

13  Legislature, with regard to the lands described in paragraph

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

15  such lands in or near counties exhibiting the greatest

16  concentration of population and, with regard to the lands

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

18  acquiring lands or rights or interests in lands within any

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

20  380.05 which, in the judgment of the advisory council

21  established pursuant to s. 259.035, cannot be adequately

22  protected by application of land development regulations

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

24  Legislature's intent that lands acquired through this program

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

26  protect or restore their natural resource values, and provide

27  the greatest benefit, including public access where

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

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

30  Fund is established within the Department of Environmental

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

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

  2  shall be credited with proceeds from the following excise

  3  taxes:

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

  5  201.15; and

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

  7  as provided in s. 211.3103.

  8

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

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

11         (b)  There shall annually be transferred from the

12  Conservation and Recreation Lands Trust Fund to the Land

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

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

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

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

17  acquire lands on the established priority list as determined

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

19  moneys transferred to the Land Acquisition Trust Fund pursuant

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

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

22  bonds. Amounts transferred annually from the Conservation and

23  Recreation Lands Trust Fund to the Land Acquisition Trust Fund

24  pursuant to this paragraph shall have the highest priority

25  over other payments or transfers from the Conservation and

26  Recreation Lands Trust Fund, and no other payments or

27  transfers shall be made from the Conservation and Recreation

28  Lands Trust Fund until such transfers to the Land Acquisition

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

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

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

  2  pursuant to the provisions of this section.

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

  4  Trustees of the Internal Improvement Trust Fund, may allocate

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

  6  lesser interest in lands for the following public purposes:

  7         (a)  To conserve and protect environmentally unique and

  8  irreplaceable lands that contain native, relatively unaltered

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

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

11  area;

12         (b)  To conserve and protect lands within designated

13  areas of critical state concern, if the proposed acquisition

14  relates to the natural resource protection purposes of the

15  designation;

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

17  endangered or threatened species;

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

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

20  conservation of such lands is necessary to enhance or protect

21  significant surface water, groundwater, coastal, recreational,

22  timber, or fish or wildlife resources which cannot otherwise

23  be accomplished through local and state regulatory programs;

24         (e)  To promote water resource development that

25  benefits natural systems as well as the citizens of this

26  state;

27         (f)  To facilitate the restoration and subsequent

28  health and vitality of the Florida Everglades;

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

30  trails, for natural resource based recreation and other

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  1  outdoor recreation on any part of any site compatible with

  2  conservation purposes;

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

  4  historic sites; or

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

  6  greenways or outdoor recreation which are compatible with

  7  conservation purposes.

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

  9  necessary to accomplish the purposes of this section.  The

10  lead land managing agencies, designated by the board of

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

12  contracts or interagency agreements with other governmental

13  entities, including local soil and water conservation

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

15  perform specific management activities which a lead agency

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

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

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

19  assessments.

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

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

22  and related rules and shall be acquired in accordance with

23  acquisition procedures for state lands provided for in s.

24  259.041, except as otherwise provided by the Legislature. An

25  inholding or an addition to a project selected for purchase

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

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

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

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

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

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

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

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

  3  costs related to acquisition expenses for lands to be

  4  acquired, donated, or exchanged which qualify under the

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

  6  When the Legislature has authorized the Department of

  7  Environmental Protection to condemn a specific parcel of land

  8  and such parcel has already been approved for acquisition

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

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

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

12  including a reasonable attorney's fee, associated with

13  condemnation.

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

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

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

17         2.  Managed for public outdoor recreation which is

18  compatible with the conservation and protection of public

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

20  following public recreational uses:  fishing, hunting,

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

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

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

24  outdoor activities compatible with the purposes for which the

25  lands were acquired.

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

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

28

29  Management may include the following public uses: fishing,

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

31

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

  2  jogging, and other related outdoor activities.

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

  4  Conservation and Recreational Lands list of acquisition

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

  6  adopt a management prospectus for each project. The management

  7  prospectus shall delineate: the management goals for the

  8  property; the conditions that will affect the intensity of

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

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

11  various stages of management and for providing access to the

12  public, if applicable; provisions for protecting existing

13  infrastructure and for ensuring the security of the project

14  upon acquisition; the anticipated costs of management and

15  projected sources of revenue, including legislative

16  appropriations, to fund management needs; recommendations as

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

18  and recommendations as to whether local governments, volunteer

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

20  be involved in the management.

21         2.  Concurrent with the approval of the acquisition

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

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

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

25  appropriate, the management policy statement for the project

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

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

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

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

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

31  Board of Trustees of the Internal Improvement Trust Fund shall

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  1  first consider having a soil and water conservation district,

  2  created pursuant to chapter 582, manage and monitor such

  3  interests.

  4         3.  State agencies designated to manage lands acquired

  5  under this chapter may contract with local governments and

  6  soil and water conservation districts to assist in management

  7  activities, including the responsibility of being the lead

  8  land manager.  Such land management contracts may include a

  9  provision for the transfer of management funding to the local

10  government or soil and water conservation district from the

11  Conservation and Recreation Lands Trust Fund in an amount

12  adequate for the local government or soil and water

13  conservation district to perform its contractual land

14  management responsibilities and proportionate to its

15  responsibilities, and which otherwise would have been expended

16  by the state agency to manage the property.

17         4.  Immediately following the acquisition of any

18  interest in lands under this chapter, the Department of

19  Environmental Protection, acting on behalf of the board of

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

21  assignment letter to be effective until the execution of a

22  formal lease.

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

24  agencies or private entities designated to manage lands under

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

26  board of trustees, an individual management plan for each

27  project designed to conserve and protect such lands and their

28  associated natural resources.  Private sector involvement in

29  management plan development may be used to expedite the

30  planning process.

31

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

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

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

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

  5  the lead land managing agency, comanaging entities, local

  6  private property owners, the appropriate soil and water

  7  conservation district, a local conservation organization, and

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

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

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

11  posted on the parcel or project designated for management,

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

13  a scheduled meeting of the local governing body before the

14  actual public hearing.  The management prospectus required

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

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

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

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

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

20  plans may include transfers of leasehold interests to

21  appropriate conservation organizations designated by the Land

22  Acquisition and Management Advisory Council or its successor,

23  for uses consistent with the purposes of the organizations and

24  the protection, preservation, conservation, and proper

25  management of the lands and their resources. Volunteer

26  management assistance is encouraged, including, but not

27  limited to, assistance by youths participating in programs

28  sponsored by state or local agencies, by volunteers sponsored

29  by environmental or civic organizations, and by individuals

30  participating in programs for committed delinquents and

31  adults.

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

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

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

  4  parcel or parcels identified in the annual Conservation and

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

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

  7  Department of Environmental Protection shall distribute only

  8  75 percent of the acquisition funds to which a budget entity

  9  or water management district would otherwise be entitled from

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

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

12  management plans overdue.

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

14  the appropriate policies and guidelines of the state land

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

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

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

18  and the statutory authority for such use or uses.

19         2.  Key management activities necessary to preserve and

20  protect natural resources and restore habitat, and for

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

22  for prescribed fire and other appropriate resource management

23  activities.

24         3.  A specific description of how the managing agency

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

26  use fragile, nonrenewable natural and cultural resources.

27         4.  A priority schedule for conducting management

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

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

30  given special emphasis where appropriate.

31

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  1         5.  A cost estimate for conducting priority management

  2  activities, to include recommendations for cost-effective

  3  methods of accomplishing those activities.

  4         6.  A cost estimate for conducting other management

  5  activities which would enhance the natural resource value or

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

  7  cost estimate shall include recommendations for cost-effective

  8  methods of accomplishing those activities.

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

10  consistent with the purposes for which the lands were

11  acquired.

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

13  of each individual management plan for parcels which exceed

14  160 acres in size to each member of the Land Acquisition and

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

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

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

18  the requirements of this subsection and with the requirements

19  of the rules established by the board pursuant to this

20  subsection.

21         2.  The council shall also Consider the propriety of

22  the recommendations of the managing agency with regard to the

23  future use or protection of the property.

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

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

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

27  specifically recommend to the board of trustees whether to

28  approve the plan as submitted, approve the plan with

29  modifications, or reject the plan.

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

31  individual management plan submitted by each state agency and

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  1  the recommendations of the Land Acquisition and Management

  2  Advisory Council or its successor and the Division of State

  3  Lands and shall approve the plan with or without modification

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

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

  6  approved individual management plan is subject to termination

  7  by the board of trustees.

  8

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

10  the water management districts, and each private entity

11  designated to manage lands shall report to the Secretary of

12  Environmental Protection on the progress of funding, staffing,

13  and resource management of every project for which the agency

14  or entity is responsible.

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

16  lands pursuant to this chapter serves the public interest by

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

18  the public health and welfare, providing areas for natural

19  resource based recreation, and ensuring the survival of unique

20  and irreplaceable plant and animal species.  The Legislature

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

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

23  have access to these lands where it is consistent with

24  acquisition purposes and would not harm the resources the

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

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

27  total of funds ever deposited into the Florida Preservation

28  2000 Trust Fund, and the Florida 2020 Trust Fund for the

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

30  the purposes of management, maintenance, and capital

31  improvements, and for associated contractual services, for

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

  2  259.105 to which title is vested in the board of trustees.

  3  Each agency with management responsibilities shall annually

  4  request from the Legislature funds sufficient to fulfill such

  5  responsibilities.  Capital improvements shall include, but

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

  7  access roads and trails, and minimal public accommodations,

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

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

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

11  chapter and for associated contractual services, the managing

12  agencies shall recognize the following categories of land

13  management needs:

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

15  resource management and protection, such as state reserves,

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

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

18  than minimum facilities development.

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

20  more than basic resource management and protection, such as

21  state parks and state recreation areas.  These lands generally

22  have extra restoration or protection needs, higher

23  concentrations of public use, or more highly developed

24  facilities.

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

26  needs requiring unique site-specific resource management and

27  protection. These lands generally are sites with historic

28  significance, unique natural features, or very high intensity

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

30  protect resources, such as lands with heavy infestations of

31  non-native, invasive plants.

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  1

  2  In evaluating the management funding needs of lands based on

  3  the above categories, the lead land managing agencies shall

  4  include in their considerations the impacts of, and needs

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

  6         (d)  All revenues generated through multiple-use

  7  management or compatible secondary-use management shall be

  8  returned to the lead agency responsible for such management

  9  and shall be used to pay for management activities on all

10  conservation, preservation, and recreation lands under the

11  agency's jurisdiction.  In addition, such revenues shall be

12  segregated in an agency trust fund and shall remain available

13  to the agency in subsequent fiscal years to support land

14  management appropriations.

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

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

17  interim management of acquisitions and for associated

18  contractual services, to ensure the conservation and

19  protection of natural resources on project sites and to allow

20  limited public recreational use of lands.  Interim management

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

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

23  habitat restoration, fencing, law enforcement, controlled

24  burning, and public access consistent with preliminary

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

26  of trustees shall make these interim funds available

27  immediately upon purchase.

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

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

30  invasive plant species on public lands.  Such goals shall

31  differentiate between aquatic plant species and upland plant

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

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

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

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

  5  shall be reserved for control and removal of nonnative,

  6  upland, invasive species on public lands.

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

  8  than 3.75 percent of the Conservation and Recreation Lands

  9  Trust Fund shall be made available annually to the department

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

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

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

13  acquisitions for state agencies under the Florida Preservation

14  2000 Program and the Florida 2020 Program during any year.

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

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

17  in accordance with the provisions of this section.

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

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

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

21  completed Preservation 2000 or Florida 2020 acquisitions in

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

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

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

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

26  concern designated pursuant to chapter 380 and to local

27  governments within such counties.

28         3.  Beginning in fiscal year 1998-1999 and thereafter,

29  to school boards in counties with a population of 75,000 or

30  less which do not contain all or a portion of an area of

31  critical state concern designated pursuant to chapter 380 that

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  1  levy the maximum millage pursuant to s. 236.25(1) and (2) and

  2  to school boards in counties with a population of less than

  3  100,000 which contain all or a portion of an area of critical

  4  state concern designated pursuant to chapter 380. For the

  5  1997-1998 fiscal year only, and notwithstanding the

  6  limitations of paragraph (a), to Glades County, where a

  7  privately owned and operated prison leased to the state has

  8  been opened within the last 2 years for which no other state

  9  moneys have been allocated to the county to offset ad valorem

10  revenues. This subparagraph expires July 1, 1998.

11

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

13  includes municipalities, the county school board, mosquito

14  control districts, and any other local government entity which

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

16  management district.

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

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

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

20  the tax loss from all completed Preservation 2000 or Florida

21  2020 acquisitions in the city exceeds 0.01 percent of the

22  city's total taxable value.

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

24  make full payments to all qualifying counties, cities, school

25  districts, and local governments, such counties, cities,

26  school districts, and local governments shall receive a pro

27  rata share of the moneys available.

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

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

30  preceding acquisition, except the payment amount for school

31  boards in counties with a population of 75,000 or less which

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  1  do not contain all or a portion of an area of critical state

  2  concern designated pursuant to chapter 380 shall be calculated

  3  based only on the value of the millage levied pursuant to s.

  4  236.25(1) and (2) on purchases completed after July 1, 1998.

  5  Applications for payment in lieu of taxes shall be made no

  6  later than January 31 of the year following acquisition. No

  7  payment in lieu of taxes shall be made for properties which

  8  were exempt from ad valorem taxation for the year immediately

  9  preceding acquisition.  If property which was subject to ad

10  valorem taxation was acquired by a tax-exempt entity for

11  ultimate conveyance to the state under this chapter, payment

12  in lieu of taxes shall be made for such property based upon

13  the average amount of taxes paid on the property for the 3

14  years prior to its being removed from the tax rolls. The

15  department shall certify to the Department of Revenue those

16  properties that may be eligible under this provision.  Payment

17  in lieu of taxes shall be limited to a total of 10 consecutive

18  years of annual payments, beginning the year a local

19  government becomes eligible.

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

21  paragraph shall be made annually to qualifying counties,

22  cities, school districts, and local governments after

23  certification by the Department of Revenue that the amounts

24  applied for are reasonably appropriate, based on the amount of

25  actual taxes paid on the eligible property, and after the

26  Department of Environmental Protection has provided supporting

27  documents to the Comptroller and has requested that payment be

28  made in accordance with the requirements of this section.

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

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

31

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

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

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

  4  a possible acquisition project or part of a possible

  5  acquisition project, such entity shall notify the property

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

  7  removal of such property from further consideration by

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

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

10  appropriated to provide grants to qualified local governmental

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

12  subsection is repealed on July 1, 1998.

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

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

15  Recreation Lands list objecting to the property being included

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

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

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

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

20  boundary of an acquisition project on the list.

21         Section 8.  Section 259.034, Florida Statutes, is

22  created to read:

23         259.034  Florida Lands Commission.--

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

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

26  Florida Lands Commission.  The commission shall be comprised

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

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

29  years.  The commission shall include one member from within

30  the geographic boundaries of each water management district

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

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  1  others shall be selected from the state at large.

  2  Additionally, one ad hoc nonvoting member shall be appointed

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

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

  5  executive director of the Florida Game and Fresh Water Fish

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

  7  of the Division of Forestry of the Department of Agriculture

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

  9  director of the Division of Historical Resources of the

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

11  secretary of the Department of Community Affairs, sitting as

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

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

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

15  112.3148 at any time during the 24 months preceding the

16  nomination with any entity whose interests could be affected

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

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

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

20  vacancy for the unexpired term.  Members of the commission

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

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

23  including attendance at meetings, as are allowed state

24  officers and employees while in the performance of their

25  duties, pursuant to s. 112.061. The prohibition against

26  lobbyists in this subsection shall not apply to the ad hoc

27  nonvoting members of the commission.

28         (a)  Immediately upon being appointed, the commission

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

30  commission and confirmed by the board of trustees. The

31

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  1  commission may also employ other staff as necessary to perform

  2  its duties.

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

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

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

  6  commission for submission to the Governor in the exercise of

  7  his or her constitutional duties.

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

  9  responsibilities of the Land Acquisition and Management

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

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

12  authorizing the advisory council shall be repealed.

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

14  thereafter, the commission shall accept applications from

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

16  organizations, private land trusts, and individuals for

17  project proposals.

18         (3)  In rating potential projects for inclusion on

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

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

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

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

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

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

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

26  restoration activities, if a restoration project; for those

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

28  timetable for the project becoming available to the public;

29  and the net environmental benefit the project has on the

30  surrounding ecosystem.

31

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

  2  commission shall be required in order to place a proposed

  3  project on a list. Any member of the commission who has a

  4  familial or business relationship with any project proposed to

  5  be ranked shall declare such interest prior to voting for a

  6  project's inclusion on any list.

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

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

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

10  improvement projects within the specific categories pursuant

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

12  projects to the Board of Trustees of the Internal Improvement

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

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

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

16  change a project's ranking.

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

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

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

20  each project listed:  the stated purpose for restoring,

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

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

23  identification of the essential parcel or parcels within the

24  project without which the project cannot be properly managed;

25  an identification of those projects or parcels within projects

26  which should be acquired in fee simple or in

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

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

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

30  a map delineating project boundaries; a brief description of

31  the important natural and cultural resources to be protected

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  1  and recreational opportunities to be provided; a preliminary

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

  3  of whether alternative uses are proposed for the property and

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

  5  agency or agencies.

  6         (7)  All proposals for projects pursuant to this

  7  chapter shall be implemented only if adopted by the

  8  commission.  The commission shall consider and evaluate in

  9  writing the merits and demerits of each project that is

10  proposed for Florida 2020 funding and shall ensure that each

11  proposed project will meet a stated public purpose for the

12  restoration, conservation, or preservation of environmentally

13  sensitive lands and water areas or for providing outdoor

14  recreational opportunities.   The commission also shall

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

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

17  comprehensive outdoor recreation and conservation plan

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

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

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

21  describing each project proposed for acquisition shall be

22  submitted to the board of trustees.  The commission shall

23  consider and include in each project description its

24  assessment of a project's ecological value, outdoor

25  recreational value, vulnerability, endangerment, ownership

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

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

28  recommend a project for state purchase.

29         (8)  Additionally, the commission shall provide

30  assistance to the Board of Trustees of the Internal

31  Improvement Trust Fund in reviewing the recommendations and

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

  2  commission shall, in reviewing the recommendations and plans

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

  4  optimization of multiple-use and conservation strategies to

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

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

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

  8  any bonds issued to finance the Florida 2020 Program to lose

  9  the exclusion from gross income for federal income tax

10  purposes.

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

12  following powers, duties, and responsibilities: solicitation

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

14  ranking of Florida 2020 project proposals; development and

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

16  and recommending for approval or rejection the land management

17  plans associated with publicly owned properties; and selection

18  and employment of the executive director and other staff.

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

20  Statutes, is amended to read:

21         259.04  Board; powers and duties.--

22         (1)  For state capital projects selected for purchase

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

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

25  and power to develop and execute a comprehensive, statewide

26  5-year plan to conserve, restore, and protect environmentally

27  endangered lands, ecosystems, lands necessary for outdoor

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

29  259.032, and 259.101, and 259.105. This plan shall be kept

30  current through continual reevaluation and revision.  The

31

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  1  advisory council or its successor shall assist the board in

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

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

  4  government of the United States or any agency or

  5  instrumentality thereof; the state or any county,

  6  municipality, district authority, or political subdivision; or

  7  any private corporation, partnership, association, or person

  8  providing for or relating to the conservation or protection of

  9  certain lands in accomplishing the purposes of this chapter

10  ss. 259.01-259.06.

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

12  successor submits either list of acquisition projects to the

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

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

15  projects are presented.  To the greatest extent practicable,

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

17  of priority.

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

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

20  interest of lands, water areas, and related resources

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

22  environmentally endangered lands.

23         (2)  For state capital projects for outdoor recreation

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

25  apply.

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

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

28  section 259.041, Florida Statutes, are amended, subsections

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

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

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

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  1         259.041  Acquisition of state-owned lands for

  2  preservation, conservation, and recreation purposes.--

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

  4  Improvement Trust Fund nor its duly authorized agent shall

  5  commit the state, through any instrument of negotiated

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

  7  with or without appurtenances unless the provisions of this

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

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

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

11  notwithstanding chapter 120, may waive any rules adopted

12  pursuant to this section, except rules adopted pursuant to

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

14  other reasonably prudent procedures, provided the public's

15  interest is reasonably protected. The title to lands acquired

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

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

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

19  trustees pursuant to this section, shall be administered

20  pursuant to the provisions of s. 253.03.

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

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

23  375, title to which will vest in the board of trustees, may

24  bind the state unless and until the agreement has been

25  reviewed and approved by the Department of Environmental

26  Protection as complying with the requirements of this section

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

28  review and approval of agreements for acquisitions for Florida

29  Greenways and Trails Program properties pursuant to chapter

30  260 may be waived by the department in any contract with

31  nonprofit corporations who have agreed to assist the

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  1  department with this program.  Where any of the following

  2  conditions exist, the agreement shall be submitted to and

  3  approved by the board of trustees:

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

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

  6  trustees;

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

  8  acquiring agency exceeds $1 million;

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

10  project; or

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

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

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

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

15  significantly affect its management.

16

17  Where approval of the board of trustees is required pursuant

18  to this subsection, the acquiring agency must provide a

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

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

21  trustees also is required for projects the department

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

23  (15) (14). Review and approval of agreements for acquisitions

24  for Florida Greenways and Trails Program properties pursuant

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

26  with nonprofit corporations who have agreed to assist the

27  department with this program.

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

29  when applicable, the Department of Environmental Protection,

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

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

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

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

  3  shall be required as follows:

  4         (e)  Generally, appraisal reports are confidential and

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

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

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

  8  before a contract or agreement for purchase is considered for

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

10  the authority, at its discretion, to disclose appraisal

11  reports to private landowners during negotiations for

12  acquisitions using alternatives to fee simple techniques, if

13  the department determines that disclosure of such reports will

14  bring the proposed acquisition to closure. The Division of

15  State Lands may also disclose appraisal information to public

16  agencies or nonprofit organizations that agree to maintain the

17  confidentiality of the reports or information when joint

18  acquisition of property is contemplated, or when a public

19  agency or nonprofit organization enters into a written

20  agreement with the division to purchase and hold property for

21  subsequent resale to the division. The division also shall

22  require each nonprofit organization or private land trust

23  which has entered into a written agreement with the division

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

25  profits earned, and participation in third-party agreements

26  associated with specific purchases. In addition, the division

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

28  nonprofit organization, provided the appraiser is selected

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

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

31  this chapter, "nonprofit organization" means an organization

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  1  whose purposes include purpose is the preservation of natural

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

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

  4  release an appraisal report when the passage of time has

  5  rendered the conclusions of value in the report invalid or

  6  when the acquiring agency has terminated negotiations.

  7

  8  Notwithstanding the provisions of this subsection, on behalf

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

10  purchase under this chapter, the Secretary of Environmental

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

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

13  option contract shall state that the final purchase price is

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

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

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

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

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

19  is greater.

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

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

22  upon space suitable for recreational use, the state must

23  develop creative techniques to maximize the use of acquisition

24  and management funds.  The Legislature also finds that the

25  state's conservation and recreational land-buying agencies

26  should be encouraged to augment their traditional, fee simple

27  acquisition programs with the use of alternatives to fee

28  simple acquisition techniques.  Additionally, the Legislature

29  finds that generations of private landowners have been good

30  stewards of their land, protecting or restoring native

31  habitats and ecosystems to the benefit of the natural

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

  2  without compensation or encouragement from the government.

  3  The Legislature also finds that using alternatives to fee

  4  simple acquisition by public land-buying agencies will achieve

  5  the following public policy goals:

  6         1.  Allow more lands to be brought under public

  7  protection for preservation, conservation, and recreational

  8  purposes at less expense using public funds.

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

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

11         3.  Reduce long-term management costs by allowing

12  private property owners to continue acting as stewards of the

13  land, where appropriate.

14

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

16  land-buying agencies develop programs to pursue alternatives

17  to fee simple acquisition and to educate private landowners

18  about such alternatives and the benefits of such alternatives.

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

20  and the water management districts spend a portion of their

21  shares of land Preservation 2000 and Florida 2020 bond

22  proceeds to purchase eligible properties using alternatives to

23  fee simple acquisition.

24         (b)  The state agencies and the water management

25  districts shall identify, within their acquisition plans,

26  those projects which require a full fee simple interest to

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

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

29  and the water management districts may use alternatives to fee

30  simple acquisition to bring the remaining projects in their

31  acquisition plans under public protection.  For the purposes

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

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

  3  development rights; conservation easements; flowage easements;

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

  5  purchase of agricultural interests or silvicultural interests;

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

  7  simple acquisitions with reservations; life estates; or any

  8  other acquisition technique which achieves the public policy

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

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

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

12  acquired by the public agency. When developing and

13  implementing their acquisition plans, the state agencies and

14  water management districts may give preference to those

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

16  access. However, the Legislature also recognizes that public

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

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

19  because public access would be limited.

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

21  and each water management district shall implement initiatives

22  to use alternatives to fee simple acquisition and to educate

23  private landowners about such alternatives.  These initiatives

24  shall include at least two acquisitions a year by the

25  department and each water management district utilizing

26  alternatives to fee simple.  The department and the water

27  management districts may enter into joint acquisition

28  agreements to jointly fund the purchase of lands using

29  alternatives to fee simple techniques.

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

31  sales comparison information has served as an impediment to

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  1  successful implementation of alternatives to fee simple

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

  3  absence of direct comparable sales information, appraisals of

  4  alternatives to fee simple acquisitions be based on the

  5  difference between the full fee simple valuation and the value

  6  of the interests remaining with the seller after acquisition.

  7         (e)  The public agency which has been assigned

  8  management responsibility shall inspect and monitor any

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

10  purchase agreement relating to such interest.

11         (15)(14)  The board of trustees, by an affirmative vote

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

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

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

15  the acquisition of lands that:

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

17  Government as part of the Resolution Trust Corporation sale of

18  lands from failed savings and loan associations;

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

20  Government as part of the Federal Deposit Insurance

21  Corporation sale of lands from failed banks; or

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

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

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

25  within which the land is listed for acquisition.

26

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

28  modify all procedures required for land acquisition pursuant

29  to this chapter and all competitive bid procedures required

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

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

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  1  the acquisition lists established pursuant to this chapter, be

  2  essential for water resource protection or restoration, or a

  3  significant portion of the lands must contain natural

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

  5  Florida Natural Areas Inventory as critically imperiled,

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

  7  natural communities.

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

  9  259.101, Florida Statutes, is amended to read:

10         259.101  Florida Preservation 2000 Act.--

11         (9)

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

13  fiscal year 1999-2000 1998-1999, that portion of the

14  unencumbered balances of each program described in paragraphs

15  (3)(c), (d), (e), (f), and (g) which has been on deposit in

16  such program's Preservation 2000 account for more than two

17  fiscal years shall be redistributed equally to the

18  Conservation and Recreation Lands Trust Fund and the Water

19  Management Lands Trust Fund Department of Environmental

20  Protection, the Division of State Lands P2000 subaccount for

21  the purchase of state lands as described in s. 259.032, and to

22  the Water Management District P2000 subaccount for the

23  purchase of water management district lands pursuant to ss.

24  373.59, 373.456, and 373.4592.  For the purposes of this

25  subsection, the term "unencumbered balances" means the portion

26  of Preservation 2000 bond proceeds which is not obligated

27  through the signing of a purchase contract between a public

28  agency and a private landowner, except that the program

29  described in paragraph (3)(c) may not lose any portion of its

30  unencumbered funds which remain unobligated because of

31  extraordinary circumstances that hampered the affected local

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  1  governments' abilities to close on land acquisition projects

  2  approved through the Florida Communities Trust program.

  3  Extraordinary circumstances shall be determined by the Florida

  4  Communities Trust governing body and may include such things

  5  as death or bankruptcy of the owner of property; a change in

  6  the land use designation of the property; natural disasters

  7  that affected a local government's ability to consummate the

  8  sales contract on such property; or any other condition that

  9  the Florida Communities Trust governing board determined to be

10  extraordinary. The portion of the funds redistributed

11  deposited in the Water Management District P2000 subaccount

12  Water Management Lands Trust Fund shall be distributed to the

13  water management districts as provided in s. 373.59(8)(7).

14         2.  The department and the water management districts

15  may enter into joint acquisition agreements to jointly fund

16  the purchase of lands using alternatives to fee simple

17  techniques.

18         Section 12.  Section 259.105, Florida Statutes is

19  created to read:

20         259.105  The Florida 2020 Act.--

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

22  Act."

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

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

25  areas to accommodate its rapidly growing population have

26  contributed to the degradation of water resources, the

27  fragmentation and destruction of wildlife habitats, the loss

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

29  forests, and public beaches.

30         2.  The potential development of Florida's remaining

31  natural areas and escalation of land values require a

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  1  continuation of government efforts to restore, bring under

  2  public protection, or acquire lands and water areas to

  3  preserve the state's invaluable quality of life.

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

  5  are under tremendous pressure due to population growth and

  6  economic expansion and require special protection and

  7  restoration efforts.  To ensure that sufficient quantities of

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

  9  the natural systems, and assist in achieving the planning

10  goals of the department and the water management districts,

11  water resource development projects on public lands, where

12  compatible with the purposes for which the lands were

13  acquired, are appropriate.

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

15  recreational opportunities, greenways, trails, and open space

16  have not been fully met by previous acquisition programs.

17  Through such programs as the Florida Communities Trust, the

18  state shall place additional emphasis on acquiring,

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

20  and recreation properties within urban areas where pristine

21  natural communities or water bodies no longer exist because of

22  their proximity to developed property.

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

24  outdoor recreational opportunities and the development of

25  necessary infrastructure, where compatible with the resource

26  values of and management objectives for such lands, promotes

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

28  quality of life.

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

30  lesser interest, should be based on a comprehensive assessment

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

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  1  the integrity of ecological systems and to provide multiple

  2  benefits, including preservation of fish and wildlife habitat,

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

  4  recharge.

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

  6  state pursuant to Florida 2020 and future purchases may be

  7  allowed where compatible with the resource values of and

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

  9  multiple use includes public recreation, water supply, water

10  resource development projects, and sustainable forestry

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

12  permittable water resource development and water supply

13  development projects may be allowed only under the following

14  conditions:  the minimum flows and levels have been

15  established for those waters potentially affected by the

16  project; the project complies with all conditions for the

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

18  project must be consistent with the regional water supply plan

19  of the respective water management districts.

20         (b)  The Legislature recognizes that acquisition is

21  only one way to achieve the aforementioned goals, and

22  encourages the development of creative partnerships between

23  governmental agencies and private landowners.  Land protection

24  agreements and similar tools should be used, where

25  appropriate, to bring environmentally sensitive tracts under

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

27  the public, and to provide private landowners with the

28  opportunity to enjoy and benefit from their property.

29         (c)  Public agencies or other entities that receive

30  funds under this act are encouraged to better coordinate their

31  expenditures so that project acquisitions, when combined with

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

  2  Florida Communities Trust, and other public land acquisition

  3  programs, will form more complete patterns of protection for

  4  natural areas and functioning ecosystems, to better accomplish

  5  the intent of the Florida 2020 Act.

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

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

  8  program to ensure that the natural resource values of such

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

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

11  achieves the full benefits of its investment of public

12  dollars.

13         (e)  With limited dollars available for restoration and

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

15  management and capital improvements, a competitive selection

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

17  of Florida 2020 and maximize the efficient use of the

18  program's funding.

19

20  As it has with previous land acquisition programs, the

21  Legislature recognizes the desires of the citizens of this

22  state to prosper through economic development and to preserve

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

24  Legislature further recognizes the urgency of restoring the

25  natural functions of public lands or water bodies before they

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

27  acknowledges the difficulty of ensuring adequate funding for

28  restoration efforts in light of other equally critical

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

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

31

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

  2  bonds to be repaid with documentary stamp tax revenue.

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

  4  funding reserve accounts and other costs associated with

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

  6  non-educational purposes shall be deposited into the Florida

  7  2020 Trust Fund created by s. 259.1051. The proceeds shall be

  8  distributed by the Department of Environmental Protection for

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

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

11  effective no later than July 1, 2000.

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

13  funding reserve accounts and other costs associated with

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

15  post-secondary purposes also shall be deposited into the

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

17  the Department of Education for purposes consistent with s.

18  19, Art. VII of the State Constitution, and in a manner to be

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

20  2000.

21         (5)  The bond proceeds generated pursuant to subsection

22  (3) shall be used to:

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

24  improve their natural functions and attributes.  Funds

25  distributed under this category may be used to implement

26  surface water improvement and management plans developed in

27  accordance with s. 373.456 and selected pursuant to this

28  section.

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

30  and additions to existing properties in public ownership, for

31

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  1  conservation or preservation purposes.  To be eligible, these

  2  lands should:

  3         1.  Have imperiled, critically imperiled, or rare

  4  natural communities of native vegetation and wildlife, or have

  5  excellent quality occurrences of natural communities;

  6         2.  Serve as habitat for endangered or threatened plant

  7  or animal species;

  8         3.  Promote or protect significant groundwater

  9  recharge;

10         4.  Include regionally significant water bodies;

11         5.  Have significant archeological or historical sites;

12         6.  Serve to provide outdoor recreation;

13         7.  Enhance or facilitate management of properties

14  already under public ownership; or

15         8.  Complete the statewide system of greenways and

16  trails.

17

18  In selecting lands for acquisition under this category,

19  significant weight shall be given to proposed projects that

20  include attributes or natural resource values underrepresented

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

22  distributed under this category may be used to acquire lands

23  necessary to implement surface water improvement and

24  management plans prepared in accordance with s. 373.456 and

25  selected to receive Florida 2020 funds pursuant to this

26  section.

27         (c)  Acquire lands for water resource development as

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

29  development projects developed pursuant to s. 373.0361, and

30  for water supply development projects that meet the criteria

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

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  1  used to finance the construction of wellfield or desalination

  2  facilities or any activities or facilities included in the

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

  4         (d)  Acquire lands for outdoor recreational purposes,

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

  6  259.032(9)(a)2.  An additional emphasis will be placed on

  7  acquiring greenspace or greenways and trails for urban areas.

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

  9  that improve public access, develop recreational facilities,

10  or promote more efficient and effective management of such

11  areas.

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

13  ensure their continued value as ecosystems.  Funds distributed

14  under this category may be used to implement reforestation

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

16  implement sustainable forestry management practices.

17

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

19  law the percentage distributions of Florida 2020 funds for

20  each of the above categories, after consideration of the

21  recommendations of the Florida 2020 Study Commission.

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

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

24  weight shall be given to whether:

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

26  in imminent danger of development, in imminent danger of

27  losing its significant natural attributes or recreational open

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

29  in multiple ownership and make acquisition of the project more

30  costly or less likely to be accomplished.

31

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  1         2.  Compelling evidence exists that the land is likely

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

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

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

  5  likely to be paid on the bonds.

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

  7  appraised value or less.

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

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

10  to, purchase of development rights, hunting rights,

11  agricultural or silvicultural rights, or mineral rights;

12  obtaining conservation easements or flowage easements; or use

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

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

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

16  or a public-private partnership.

17         6.  Creative management strategies are planned for the

18  project.  Such strategies may include public-private

19  partnerships to manage the land or water area, the

20  implementation of multiple-use and revenue-generating

21  management strategies, where compatible with resource

22  protection or restoration, or use of community volunteers to

23  help manage the property.

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

25  Everglades restoration effort.

26         8.  The project would achieve multiple goals of the

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

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

29  this act, the council or commission charged with overseeing

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

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

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  1  present to the Board of Trustees of the Internal Improvement

  2  Trust Fund for approval a listing of projects representing the

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

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

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

  6  projects or re-arrange project rankings.

  7         (c)  In acquiring coastal lands pursuant to this

  8  section, the following additional criteria also shall be

  9  considered:

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

11  consistent with hazard mitigation and postdisaster

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

13  and property and to reduce the need for future disaster

14  assistance.

15         2.  The value of acquiring beachfront parcels,

16  irrespective of size, to provide public access and

17  recreational opportunities in highly developed urban areas.

18         3.  The value of acquiring identified parcels the

19  development of which would adversely affect coastal resources.

20         (d)  When a nonprofit organization, whose purposes

21  include preservation of natural resources and which is tax

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

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

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

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

26  more of the criteria at the time the organization purchases

27  the land.

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

29  overseeing the program shall use the project criteria listed

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

31  projects eligible for Florida 2020 funds.

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

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

  3  shall be eligible to present project proposals and to acquire

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

  5  shall vest in the Board of Trustees of the Internal

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

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

  8  district and lands acquired by a local government shall vest

  9  in the name of the purchasing local government.

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

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

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

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

14  Lands whose titles vest in a water management district

15  governing board may be disposed of by the owning water

16  management district in accordance with the procedures set

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

18  title to lands acquired under the Florida 2020 program shall

19  biennially evaluate their inventory of such lands to determine

20  whether any of the properties are suitable for surplus.

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

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

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

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

25  district to originally acquire the lands.

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

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

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

29  shall first be a determination by the commission that such

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

31  intent of the Florida 2020 Act.

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  1         1.  For lands proposed for surplus within the original

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

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

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

  5  determined by a biological assessment or survey conducted by

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

  7  lower natural resource values than the land proposed to be

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

  9  trustees shall review and approve or deny surplusing decisions

10  pursuant to this subparagraph.

11         2.  For lands proposed for surplus located outside of

12  the original project boundary the commission shall presume

13  that the lands are to be surplused unless:

14         a.  A biological assessment or survey conducted by he

15  Florida Natural Areas Inventory or its successor has

16  determined that the lands are of such quality that surplusing

17  should not be approved; or

18         b.  The lead managing agency can provide sufficient

19  evidence that the loss of such lands would substantially harm

20  the purposes for which the land was purchased.

21         3.  Decisions regarding surplusing pursuant to

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

23  the board of trustees.

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

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

26  to the lead managing agency for review and recommendation to

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

28  review such requests and make recommendations. Any surplusing

29  requests that have not been acted upon within the requirements

30  of this paragraph shall be immediately scheduled for hearing

31  at the next regularly scheduled commission meeting.

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

  2  disposition of land shall be made if such disposition would

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

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

  5  lose the exclusion from gross income for purposes of federal

  6  income taxation.  Any revenue derived from the disposal of

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

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

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

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

11  acquisition of new lands which meet the criteria pursuant to

12  this section.

13         (f)  Lands identified as suitable for surplus shall

14  first be offered to local governmental entities for a period

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

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

17  enforcement substations, and recreational centers. Local

18  governmental requests for surplus lands shall be expedited

19  throughout the surplusing process.  State agencies shall have

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

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

22  governments expires.  Surplus properties in which governmental

23  agencies have expressed no interest shall then be available

24  for sale on the private market.

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

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

27  district lands, the owning water management district, may

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

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

30  for certain governmental uses that are determined by the

31  appropriate board to be compatible with the purposes for which

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  1  these lands were acquired.  Such governmental uses may include

  2  public schools, public libraries, fire or law enforcement

  3  substations, and recreational centers.

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

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

  6  lands acquired pursuant to this section shall be presumed to

  7  be compatible with the purposes for which such lands were

  8  acquired.

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

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

11  the Department of Environmental Protection or other

12  appropriate state agency if the granting of such lease,

13  easement, or license would adversely affect the exclusion of

14  the interest on any revenue bonds issued to fund the

15  acquisition of the affected lands from gross income for

16  federal income tax purposes, pursuant to Internal Revenue

17  Service regulations.

18         (10)  The Florida Lands Commission may adopt rules

19  necessary to implement the provisions of this section relating

20  to scoring and selecting Florida 2020 project proposals and

21  disposing or leasing of lands or water areas selected for

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

23  water management districts, and other public agencies may

24  adopt rules necessary to implement the provisions of this

25  section relating to restoration, acquisition, improvement, and

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

27  as well as disposition or leasing of properties acquired under

28  the program. Additionally, the department may adopt rules

29  necessary to administer the Florida 2020 Trust Fund and the

30  moneys deposited into the fund.

31

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  1         Section 13.  Subsection (8) is added to section

  2  373.139, Florida Statutes, to read:

  3         373.139  Acquisition of real property.--

  4         (8)  No district may participate directly or indirectly

  5  with the Federal Government, or any department or agency of

  6  the Federal Government, in any agreement or any other

  7  arrangement to acquire property or any interest in property by

  8  eminent domain that diminishes or deprives a person or entity

  9  of any right, privilege, or compensation such person or entity

10  would otherwise be entitled to if the property or interest in

11  property was acquired by eminent domain under the laws of this

12  state.

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

14  373.459, Florida Statutes, are amended to read:

15         373.459  Funds for surface water improvement and

16  management.--

17         (1)  The Ecosystem Management and Restoration Trust

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

19  the Legislature for the purposes of ss.

20  373.451-373.4595.  Among the sources of funds shall be bond

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

22  259.105. The department shall administer all funds

23  appropriated to or received for surface water improvement and

24  management activities.  Expenditure of the moneys shall be

25  limited to the costs of detailed planning for and

26  implementation of programs prepared for priority surface

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

28  planning for, or construction or expansion of, treatment

29  facilities for domestic or industrial waste disposal.

30         (2)  The secretary of the department shall authorize

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

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

  2  management district or by the executive director when

  3  authority has been delegated by the governing board,

  4  certifying that the money is needed for detailed planning for

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

  6  373.455, and 373.456.  A water management district may not

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

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

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

10  funds are appropriated, each water management district shall

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

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

13  373.451-373.4595, whichever is less.  The department shall

14  allocate the remaining money in the appropriation for such

15  purposes annually, based upon the specific needs of the

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

17  funds allocated to a district for such purposes in previous

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

19  the amount of money to be distributed based upon specific

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

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

22  259.105.

23         Section 15.  Subsections (1), (4), (6), (12), and (14)

24  of section 373.59 are amended to read:

25         373.59  Water Management Lands Trust Fund.--

26         (1)  There is established within the Department of

27  Environmental Protection the Water Management Lands Trust Fund

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

29  section. The moneys in this fund are hereby continually

30  appropriated for the purposes of land acquisition, management,

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

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  1  and administration of the fund in accordance with the

  2  provisions of this section.  However, any funds appropriated

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

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

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

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

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

  8  conservation and protection of water resources, except that

  9  such moneys shall not be used for the acquisition of

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

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

12  Interests in real property acquired by the districts under

13  this section may be used for permittable water resource

14  development and water supply development purposes under the

15  following conditions: the minimum flows and levels of priority

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

17  complies with all conditions for issuance of a permit under

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

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

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

21  an environmentally acceptable manner and, to the extent

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

23  natural state and condition.

24         (b)  The Secretary of Environmental Protection shall

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

26  district for preacquisition costs within 30 days after receipt

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

28  which identifies and justifies any such preacquisition costs

29  necessary for the purchase of any lands listed in the

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

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

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  1  resolution, and the department shall deposit the unused funds

  2  into the Water Management Lands Trust Fund.

  3         (c)  The Secretary of Environmental Protection shall

  4  release acquisition moneys from the Water Management Lands

  5  Trust Fund to a district following receipt of a resolution

  6  adopted by the governing board identifying the lands being

  7  acquired and certifying that such acquisition is consistent

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

  9  The governing board shall also provide to the Secretary of

10  Environmental Protection a copy of all certified appraisals

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

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

13  appraisals are required when the estimated value of the parcel

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

15  $500,000 and differ significantly, a third appraisal may be

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

17  price, the governing board shall submit written justification

18  for the increased price.  The Secretary of Environmental

19  Protection may withhold moneys for any purchase that is not

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

21  2020 Program, or the intent of this act.  Additionally, the

22  Secretary may withhold moneys for proposed acquisitions that

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

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

25  Commission pursuant to s. 373.114.

26         (d)  The Secretary of Environmental Protection shall

27  release to the districts moneys for management, maintenance,

28  and capital improvements following receipt of a resolution and

29  request adopted by the governing board which specifies the

30  designated managing agency, specific management activities,

31

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  1  public use, estimated annual operating costs, and other

  2  acceptable documentation to justify release of moneys.

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

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

  5  the Water Management Lands Trust Fund as security for such

  6  bonds or notes. The Department of Environmental Protection

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

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

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

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

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

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

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

14  (3).

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

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

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

18  purpose except the purchase of other lands meeting the

19  criteria specified in this section or payment of debt service

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

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

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

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

24         (14)(a)  Beginning in fiscal year 1992-1993, not more

25  than one-fourth of the land management funds provided for in

26  subsections (1) and (9) in any year shall be reserved annually

27  by a governing board, during the development of its annual

28  operating budget, for payment in lieu of taxes to qualifying

29  counties and school districts for actual ad valorem tax losses

30  incurred as a result of lands purchased with funds allocated

31  pursuant to s. 259.101(3)(b). In addition, the Northwest

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  1  Florida Water Management District, the South Florida Water

  2  Management District, the Southwest Florida Water Management

  3  District, the St. Johns River Water Management District, and

  4  the Suwannee River Water Management District shall pay to

  5  qualifying counties and school districts payments in lieu of

  6  taxes for district lands acquired with funds allocated

  7  pursuant to subsection (8). Reserved funds that are not used

  8  for payment in lieu of taxes in any year shall revert to the

  9  fund to be used for management purposes or land acquisition in

10  accordance with this section.

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

12         1.  To counties for each year in which the levy of ad

13  valorem tax is at least 8.25 mills or the amount of the tax

14  loss from all completed Preservation 2000 acquisitions in the

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

16  value, and the population is 75,000 or less and to counties

17  with a population of less than 100,000 which contain all or a

18  portion of an area of critical state concern designated

19  pursuant to chapter 380.

20         2.  Beginning in fiscal year 1998-1999, to school

21  boards in counties with a population of 75,000 or less which

22  do not contain all or a portion of an area of critical state

23  concern designated pursuant to chapter 380 that levy the

24  maximum millage pursuant to s. 236.25(1) and (2) and to school

25  boards in counties with a population of less than 100,000

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

27  concern designated pursuant to chapter 380.

28         (c)  If insufficient funds are available in any year to

29  make full payments to all qualifying counties and school

30  districts, such counties and school districts shall receive a

31  pro rata share of the moneys available.

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  1         (d)  The payment amount shall be based on the average

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

  3  immediately preceding acquisition, except the payment amount

  4  for school boards in counties with a population of 75,000 or

  5  less which do not contain all or a portion of an area of

  6  critical state concern designated pursuant to chapter 380

  7  shall be calculated based only on the value of the millage

  8  levied pursuant to s. 236.25(1) and (2) on purchases completed

  9  after July 1, 1998. For lands purchased prior to July 1, 1992,

10  applications for payment in lieu of taxes shall be made to the

11  districts by January 1, 1993. For lands purchased after July

12  1, 1992, applications for payment in lieu of taxes shall be

13  made no later than January 31 of the year following

14  acquisition.  No payment in lieu of taxes shall be made for

15  properties which were exempt from ad valorem taxation for the

16  year immediately preceding acquisition.  Payment in lieu of

17  taxes shall be limited to a period of 10 consecutive years of

18  annual payments.

19         (e)  Payment in lieu of taxes shall be made within 30

20  days after: certification by the Department of Revenue that

21  the amounts applied for are appropriate, certification by the

22  Department of Environmental Protection that funds are

23  available, and completion of any fund transfers to the

24  district. The governing board may reduce the amount of a

25  payment in lieu of taxes to any county or school district by

26  the amount of other payments, grants, or in-kind services

27  provided to that county or school district by the district

28  during the year. The amount of any reduction in payments shall

29  remain in the Water Management Lands Trust Fund for purposes

30  provided by law.

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  1         (f)  If a district governing board conveys to a local

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

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

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

  5         Section 16.  Subsections (1) and (2) of section

  6  375.075, Florida Statutes are amended to read:

  7         375.075  Outdoor recreation; financial assistance to

  8  local governments.--

  9         (1)  The Department of Environmental Protection is

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

11  Recreation Development Assistance Program to provide grants to

12  qualified local governmental entities to acquire or develop

13  land for public outdoor recreation purposes.  To the extent

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

15  375.051, each fiscal year through fiscal year 2000-2001, the

16  department shall develop and plan a program which shall be

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

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

19  201.15(2) and (3) in that year.  Beginning in fiscal year

20  2001-2002, the department and the Florida Communities Trust

21  shall coordinate their efforts in assisting qualified counties

22  and municipalities with the acquisition and development of

23  public outdoor recreational facilities, to be funded by the

24  Florida 2020 Trust Fund and selected pursuant to the process

25  established in s. 259.105(7).

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

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

28  limited to, a competitive project selection process designed

29  to maximize the outdoor recreation benefit to the public.

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

31

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

  2  outdoor recreation goals, objectives, and priorities specified

  3  in the state comprehensive outdoor recreation plan; and

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

  5  priority resource or facility needs in the region as specified

  6  in the state comprehensive outdoor recreation plan.

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

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

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

10  public recreation projects until the projects have been

11  selected through the competitive selection process provided

12  for in this section.

13         Section 17.  Subsections (4) and (11) of section

14  380.507 are amended, and subsection (15) is added to said

15  section, to read:

16         380.507  Powers of the trust.--The trust shall have all

17  the powers necessary or convenient to carry out the purposes

18  and provisions of this part, including:

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

20  property or any interest therein when necessary or appropriate

21  to protect the natural environment, provide public access or

22  public recreational facilities, preserve wildlife habitat

23  areas, provide access for managing acquired lands, or

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

25  acquires land for permanent state ownership, title to such

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

27  Improvement Trust Fund, otherwise, title to property acquired

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

29  name of the local government. Notwithstanding any other

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

31  to purchase lands included in projects approved according to

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  1  this part, when necessary to reserve lands during the

  2  preparation of project plans and during acquisition

  3  proceedings. The consideration for an option shall not exceed

  4  $100,000.

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

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

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

  8  adopt rules governing the acquisition of lands by local

  9  governments or the trust using proceeds from the Preservation

10  2000 Trust Fund and the Florida 2020 Trust Fund. Such rules

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

12  appraisals and confidentiality consistent with ss.

13  125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of

14  determining a maximum purchase price, and procedures to assure

15  that the land is acquired in a voluntarily negotiated

16  transaction, surveyed, conveyed with marketable title, and

17  examined for hazardous materials contamination. Land

18  acquisition procedures of a local land authority created

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

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

21  259.105 if within areas of critical state concern designated

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

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

24  receive funds through the Florida 2020 program, the trust

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

26         Section 18.  Subsection (7) of section 380.510, Florida

27  Statutes, is amended to read:

28         380.510  Conditions of grants and loans.--

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

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

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

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

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

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

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

  5  urban waterfront restoration project or for site reservation

  6  except to acquire lands to help implement the goals,

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

  8  recreation and open space elements of the local comprehensive

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

10  section, the disbursement of Preservation 2000 and Florida

11  2020 funds from the trust shall be subject to the following

12  conditions:

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

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

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

16  conditions imposed thereon by the agency of the state

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

18  deposited in the Preservation 2000 Trust Fund and the Florida

19  2020 Trust Fund, including restrictions imposed to ensure that

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

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

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

23  purposes.

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

25  property acquired with funds received by the trust from the

26  Preservation 2000 Trust Fund shall contain such covenants and

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

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

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

30  respect to any real property acquired with funds received by

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

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  1  covenants and restrictions as are sufficient to ensure that

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

  3  259.105 and s. 19, Art. VII of the State Constitution.  Each

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

  5  termination clause that will vest title in the Board of

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

  7  covenants or restrictions are violated by the titleholder or

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

  9  titleholder or leaseholder.

10         Section 19.    The Florida 2020 Study Commission.--

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

12  consisting of 11 members.  The Governor shall appoint five

13  members and the President of the Senate and the Speaker of the

14  House of Representatives each shall appoint three

15  members.  The membership of the commission shall reflect a

16  broad range of interests and expertise related to land

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

18  limited to, persons with training in hydrogeology, wildlife

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

20  persons with substantial expertise representing environmental

21  interests; agricultural and silvicultural interests; outdoor

22  recreational interests; and land development interests.  Each

23  appointing authority shall consider gender and racial balance

24  in addition to particular expertise when making appointments.

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

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

27  Statutes, while carrying out the official business of the

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

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

30  nomination with any entity whose interests could be affected

31  by recommendations of the commission, shall be appointed.

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

  2  director and other personnel who are appointed by the

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

  4  Florida Statutes, relating to the Career Service System.

  5         (d)  The commission is assigned, for administrative

  6  purposes, to the Executive Office of the Governor.

  7         (e)  Appointments must be made by September 15, 1998,

  8  and the commission's first meeting must be held by October 15,

  9  1998.  The commission shall exist until August 31, 1999.  The

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

11  chair the commission.

12         (2)  The Florida 2020 Study Commission shall:

13         (a)  Develop recommendations on the:

14         1.  Relative priority of each funding category listed

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

16         2.  Process by which restoration, acquisition, and

17  capital improvement projects are competitively selected by the

18  Florida Lands Commission.

19         3.  Opportunities for the Surface Water Improvement and

20  Management Program, the Conservation and Recreation Lands

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

22  created programs to obtain funding through the Florida 2020

23  program.

24         4.  Projects on acquisition lists currently funded

25  through the Preservation 2000 program that, in the likelihood

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

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

28  developed by the Florida Lands Commission.

29         (b)  Base its recommendations on:

30         1.  Comments received during a minimum of six public

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

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  1  purpose of gathering public input and recommendations relative

  2  to the implementation of the Florida 2020 program.

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

  4  acquisition programs for conservation, preservation, and

  5  recreational purposes to determine what each program has

  6  accomplished; whether each program achieved or appears to be

  7  achieving its statutory goals and objections; and the extent

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

  9  public lands and water areas and the acquisition of privately

10  owned lands and water areas.

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

12  report of its findings and recommendations to the Governor,

13  the President of the Senate, the Speaker of the House of

14  Representatives, and the chairs of the appropriations and

15  relevant substantive legislative committees by July 1, 1999.

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

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

18  the Water Management Lands Trust Fund for fiscal year

19  1998-1999 to fund the administrative expenses of the Florida

20  2020 Study Commission.

21         Section 20.  (1)  Notwithstanding any provisions to the

22  contrary in chapter 259, Florida Statutes, or chapter 253,

23  Florida Statutes, the Board of Trustees of the Internal

24  Improvement Trust Fund, pursuant to chapters 93-184 and

25  95-275, Laws of Florida, shall convey the lands located in

26  Walton County specifically identified as the New Town,

27  consistent with the Walton County Comprehensive Plan, to

28  Walton County at a price not to exceed the price paid by the

29  Board of Trustees for the lands, plus any applicable interest,

30  if the disposition of the lands would not have the effect of

31  causing all or any portion of the interest on any revenue

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  1  bonds issued to fund the Florida Preservation 2000 Trust Act

  2  to lose their exclusion from gross income for purposes of

  3  federal income taxation.  Any revenue derived from the

  4  disposal of the lands may not be used for any purpose except

  5  for deposit into the Florida Preservation 2000 Trust Fund for

  6  recredit to the share held under s. 259.101(3), Florida

  7  Statutes, in which the disposed of land is described.

  8         (2)  The New Town shall be developed consistent with

  9  the October 31, 1996, South Walton New Town Master Plan of

10  Development, incorporated in its entirety into the Walton

11  County Comprehensive Plan and Land Development Code.

12         (3)  If any lands acquired by Walton County pursuant to

13  subsection (1) are resold to private interests, they must be

14  sold at fair market value and the proceeds from such resale

15  must be used exclusively for development of the New Town,

16  including its infrastructure and related school facilities.

17         (4)  Provisions of this section shall take effect on

18  July 1 of the year in which enacted.

19         Section 21.  Based on the ecological, water quality,

20  and water quantity objectives of this state and the

21  legislatively declared public interest in acquiring the lands

22  in agricultural production which discharge phosphorus into

23  Lake Apopka, the St. John's River Water Management District is

24  directed to pursue the immediate acquisition of all remaining

25  privately owned lands as identified under s. 373.461, Florida

26  Statutes. The St. John's River Water Management District is

27  authorized to purchase such properties pursuant to the

28  criteria and limitations specified in s. 373.461(5), Florida

29  Statutes.  If negotiations do not result in the execution of

30  mutually binding sales contracts for all of such properties,

31  the St. John's River Water Management District shall, by June

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  1  1, 1998, initiate condemnation proceedings in accordance with

  2  the quick take provisions of chapter 73, Florida Statutes, and

  3  chapter 74, Florida Statutes, on such parcels.

  4         Section 22.  Based on the conservation, recreational,

  5  land acquisition, and ecological objectives of this state and

  6  the legislatively declared public interest in acquiring the

  7  lands in the East Everglades Buffer Strip and Pennsuco

  8  wetlands, the South Florida Water Management District is

  9  directed to pursue the immediate acquisition of Tracts Nos.

10  304-974, 304-966, 300-919, and 304-968 in Cell No. 26, Dade

11  County, East Everglades Buffer Strip. The South Florida Water

12  Management District is authorized to purchase such properties

13  based on the average of the two most recent M.A.I. appraisals.

14  If negotiations do not result in the execution of mutually

15  binding sales contracts for all of such properties, the

16  district shall by August 1, 1998, initiate condemnation

17  proceedings in accordance with the quick take provisions of

18  chapter 73, Florida Statutes, and chapter 74, Florida

19  Statutes, on such parcels. The condemnation valuation shall be

20  based on the land use plan, map, and conditions as they

21  existed on July 1, 1987, valued at its highest and best

22  economic use, assuming permitability of all uses specified

23  within that plan in using comparable sales for nongovernment

24  acquisitions outside the East Everglades Buffer Strip and

25  Pennsuco wetlands projects.

26         Section 23.  Conservation easement dated March 31,

27  1993, and recorded April 15, 1993 in O.R. Book 4550, Page

28  2123, Orange County, Florida, subject to surface water

29  management permit 48-00751-S on 87.88 acre tract currently

30  held by South Florida Water Management District is hereby

31

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  1  amended to allow 7 acres of active recreational use including

  2  ancillary facilities.

  3         Section 24.  Except as otherwise provided herein, this

  4  act shall take effect contingent on passage of a

  5  constitutional amendment authorizing bonding authority for the

  6  Florida 2020 program.

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