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





                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Alexander and Dockery offered the following:

12

13         Amendment (with title amendment) 

14         On page 101, line 26 thru page 123, line 26

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         (1)  The Legislature declares it to be necessary for

19  the public health and welfare that water and water-related

20  resources be conserved and protected.  The acquisition of real

21  property for this objective shall constitute a public purpose

22  for which public funds may be expended.

23         (2)(a)  The governing board of the district is

24  empowered and authorized to acquire in fee or less than fee

25  title to real property, and easements therein, by purchase,

26  gift, devise, lease, eminent domain, or otherwise for flood

27  control, water storage, water management, aquifer recharge,

28  water resource and water supply development, and preservation

29  of wetlands, streams, and lakes., except that Eminent domain

30  powers may be used only for acquiring real property for flood

31  control and water storage or for curing title defects or

                                  1

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  encumbrances to real property to be acquired from a willing

 2  seller.

 3         (b)  For the purpose of introducing water into, or

 4  drawing water from, the underlying aquifer for storage or

 5  supply, the governing board is authorized to hold, control,

 6  and acquire by donation, lease, or purchase any land, public

 7  or private.

 8         (3)(a)  No acquisition of lands shall occur without a

 9  public hearing similar to those held pursuant to the

10  provisions set forth in s. 120.54.

11         (b)  Title information, appraisal reports, offers, and

12  counteroffers are confidential and exempt from the provisions

13  of s. 119.07(1) until an option contract is executed or, if no

14  option contract is executed, until 30 days before a contract

15  or agreement for purchase is considered for approval by the

16  governing board.  However, each district may, at its

17  discretion, disclose appraisal reports to private landowners

18  during negotiations for acquisitions using alternatives to fee

19  simple techniques, if the district determines that disclosure

20  of such reports will bring the proposed acquisition to

21  closure. In the event that negotiation is terminated by the

22  district, the title information, appraisal report, offers, and

23  counteroffers shall become available pursuant to s. 119.07(1).

24  Notwithstanding the provisions of this section and s. 259.041,

25  a district and the Division of State Lands may share and

26  disclose title information, appraisal reports, appraisal

27  information, offers, and counteroffers when joint acquisition

28  of property is contemplated. A district and the Division of

29  State Lands shall maintain the confidentiality of such title

30  information, appraisal reports, appraisal information, offers,

31  and counteroffers in conformance with this section and s.

                                  2

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  259.041, except in those cases in which a district and the

 2  division have exercised discretion to disclose such

 3  information.

 4         (c)  The Secretary of Environmental Protection shall

 5  release moneys from the appropriate account or trust fund to a

 6  district for preacquisition costs within 30 days after receipt

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

 8  which identifies and justifies any such preacquisition costs

 9  necessary for the purchase of any lands listed in the

10  district's 5-year workplan.  The district shall return to the

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

12  resolution, and the department shall deposit the unused funds

13  into the appropriate account or trust fund.

14         (d)  The Secretary of Environmental Protection shall

15  release acquisition moneys from the appropriate account or

16  trust fund to a district following receipt of a resolution

17  adopted by the governing board identifying the lands being

18  acquired and certifying that such acquisition is consistent

19  with the 5-year workplan of acquisition and other provisions

20  of this section.  The governing board also shall provide to

21  the Secretary of Environmental Protection a copy of all

22  certified appraisals used to determine the value of the land

23  to be purchased.  Each parcel to be acquired must have at

24  least one appraisal.  Two appraisals are required when the

25  estimated value of the parcel exceeds $500,000.  However, when

26  both appraisals exceed $500,000 and differ significantly, a

27  third appraisal may be obtained.  If the purchase price is

28  greater than the appraisal price, the governing board shall

29  submit written justification for the increased price.  The

30  Secretary of Environmental Protection may withhold moneys for

31  any purchase that is not consistent with the 5-year plan or

                                  3

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  the intent of this section or that is in excess of appraised

 2  value.  The governing board may appeal any denial to the Land

 3  and Water Adjudicatory Commission pursuant to s. 373.114. 

 4         (4)  The governing board of the district may purchase

 5  tax certificates or tax deeds issued in accordance with

 6  chapter 197 relating to property eligible for purchase under

 7  this section.

 8         (5)  Lands acquired for the purposes enumerated in

 9  subsection (2) may also be used for recreational purposes, and

10  whenever practicable such lands shall be open to the general

11  public for recreational uses. Except when prohibited by a

12  covenant or condition described in s. 373.056(2), lands owned,

13  managed, and controlled by the district may be used for

14  multiple purposes, including, but not limited to, agriculture,

15  silviculture, and water supply, as well as boating and other

16  recreational uses.

17         (6)  For the purpose of introducing water into, or

18  drawing water from, the underlying aquifer for storage or

19  supply, the governing board is authorized to hold, control,

20  and acquire by donation, lease, or purchase any land, public

21  or private.

22         (5)(7)  This section shall not limit the exercise of

23  similar powers delegated by statute to any state or local

24  governmental agency or other person.

25         (6)  A district may dispose of land acquired under this

26  section pursuant to s. 373.056 or s. 373.089.  However, no

27  such disposition of land shall be made if it would have the

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

29  revenue bonds issued pursuant to s. 259.101 or s. 259.105 to

30  fund the acquisition programs detailed in this section to lose

31  the exclusion from gross income for purposes of federal income

                                  4

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  taxation.  Revenue derived from such disposition may not be

 2  used for any purpose except the purchase of other lands

 3  meeting the criteria specified in this section or payment of

 4  debt service on revenue bonds or notes issued under s.

 5  373.584.

 6         (7)  The districts have the authority to promulgate

 7  rules that include the specific process by which land is

 8  acquired; the selection and retention of outside appraisers,

 9  surveyors, and acquisition agents; and public

10  notification.  Rules adopted pursuant to this subsection shall

11  be submitted to the President of the Senate and the Speaker of

12  the House of Representatives, for review by the Legislature,

13  no later than 30 days prior to the 2001 Regular Session and

14  shall become effective only after legislative review. In its

15  review, the Legislature may reject, modify, or take no action

16  relative to such rules.  The districts shall conform such

17  rules to changes made by the Legislature, or, if no action was

18  taken by the Legislature, such rules shall become effective.

19         Section 32.  Section 373.1391, Florida Statutes, is

20  created to read:

21         373.1391--Management of Real Property.

22         (1)(a)  Lands titled to the governing boards of the

23  districts shall be managed and maintained, to the extent

24  practicable, in such a way as to ensure a balance between

25  public access, general public recreational purposes, and

26  restoration and protection of their natural state and

27  condition.  Except when prohibited by a covenant or condition

28  described in s. 373.056(2), lands owned, managed, and

29  controlled by the district may be used for multiple purposes,

30  including, but not limited to, agriculture, silviculture, and

31  water supply, as well as boating and other recreational uses.

                                  5

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         (b)  Whenever practicable such lands shall be open to

 2  the general public for recreational uses.  General public

 3  recreational purposes shall include, but not be limited to,

 4  fishing, hunting, horseback riding, swimming, camping, hiking,

 5  canoeing, boating, diving, birding, sailing, jogging, and

 6  other related outdoor activities to the maximum extent

 7  possible considering the environmental sensitivity and

 8  suitability of those lands.  These public lands shall be

 9  evaluated for their resource value for the purpose of

10  establishing which parcels, in whole or in part, annually or

11  seasonally, would be conducive to general public recreational

12  purposes.  Such findings shall be included in management plans

13  which are developed for such public lands.  These lands shall

14  be made available to the public for theses purposes, unless

15  the district governing board can demonstrate that such

16  activities would be incompatible with the purposes for which

17  these lands were acquired.

18         (c)  For any fee simple acquisition of a parcel which

19  is or will be leased back for agricultural purposes, or for

20  any acquisition of a less-than-fee interest in lands that is

21  or will be used for agricultural purposes, the district

22  governing board shall first consider having a soil and water

23  conservation district created pursuant to chapter 582 manage

24  and monitor such interest.

25         (2)  interests in real property acquired by the

26  districts under this section with funds other than those

27  appropriated under the Stewardship Florida Act, may be used

28  for permittable water resource development and water supply

29  development purposes under the following conditions:  the

30  minimum flows and levels of priority water bodies on such

31  lands have been established; the project complies with all

                                  6

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  conditions for issuance of a permit under part II of this

 2  chapter; and the project is compatible with the purposes for

 3  which the land was acquired.

 4         (3)  Each district is encouraged to use volunteers to

 5  provide land management and other services.  Volunteers shall

 6  be covered by liability protection and workers' compensation

 7  in the same manner as district employees, unless waived in

 8  writing by such volunteers or unless such volunteers otherwise

 9  provide equivalent insurance.

10         (4)  Each water management district is authorized and

11  encouraged to enter into cooperative land management

12  agreements with state agencies or local governments to provide

13  for the coordinated and cost-effective management of lands to

14  which the water management districts, the board of trustees of

15  the Internal Improvement Trust Fund, or local governments hold

16  title.  Any such cooperative land management agreement must be

17  consistent with any applicable laws governing land use,

18  management duties, and responsibilities and procedures of each

19  cooperating entity.  Each cooperating entity is authorized to

20  expend such funds as are made available to it for land

21  management on any such lands included in a cooperative land

22  management agreement.

23         (5)  The following additional uses of lands acquired

24  pursuant to the Stewardship Florida program and other

25  state-funded land purchase programs shall be authorized, upon

26  a finding by the governing board, if they meet the criteria

27  specified in paragraphs (a)-(e): water resource development

28  projects, water supply development projects, stormwater

29  management projects, linear facilities, and sustainable

30  agriculture and forestry.  Such additional uses are authorized

31  where:

                                  7

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         (a)  Not inconsistent with the management plan for such

 2  lands;

 3         (b)  Compatible with the natural ecosystem and resource

 4  values of such lands;

 5         (c)  The proposed use is appropriately located on such

 6  lands and where due consideration is given to the use of other

 7  available lands;

 8         (d)  The using entity reasonably compensates the

 9  titleholder for such use based upon an appropriate measure of

10  value; and

11         (e)  The use provides a significant public interest.  A

12  decision by the governing board pursuant to this subsection

13  shall be given a presumption of correctness.

14

15  Moneys received from the use of state lands pursuant to this

16  subsection shall be returned to the lead managing agency in

17  accordance with the provisions of s. 259.032(11)(d).

18         (6)  The districts have the authority to adopt rules

19  that specify:  allowable activities on district-owned lands;

20  the amount of fees, licenses, or other charges for users of

21  district-owned lands; the application and reimbursement

22  process for payments in lieu of taxes; the use of volunteers

23  for management activities; and the processes related to

24  entering into or severing cooperative land management

25  agreements.  Rules promulgated pursuant to the subsection

26  shall become effective only after submitted to the President

27  of the Senate and Speaker of the House of Representatives for

28  review by the Legislature not later than 30 days prior to the

29  next regular session.  In its review, the Legislature may

30  reject, modify, or take no action relative to such rules.  The

31  districts shall conform such rules to changes made by the

                                  8

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  Legislature, or, if no action is taken, such rules shall

 2  become effective.

 3         Section 33.  Section 373.199, Florida Statutes, is

 4  created to read:

 5         373.199  Assistance to Acquisition and Restoration

 6  Commission.--

 7         (1)  Over the years, the Legislature has created

 8  numerous programs and funded several initiatives intended to

 9  restore, conserve, protect, and manage Florida's water

10  resources and the lands and ecosystems associated with them.

11  Although these programs and initiatives have yielded

12  individual successes, the overall quality of Florida's water

13  resources continues to degrade; natural systems associated

14  with surface waters continue to be altered or have not been

15  restored to a fully functioning level; and sufficient

16  quantities of water for current and future reasonable

17  beneficial uses and for natural systems remain in doubt.

18         (2)  Therefore, in order to further the goals of the

19  Stewardship Florida Act and to assist the Acquisition and

20  Restoration Commission in evaluating and ranking projects,

21  each water management district shall develop a 5-year workplan

22  that identifies projects that meet the criteria in subsections

23  (3), (4), and (5).  The 5-year workplan shall be sent to the

24  Commission for its consideration in developing a funding

25  priority list pursuant to the Stewardship Florida Act.  EAch

26  district must submit its 5-year workplan by January 1 each

27  year, beginning in 2000.  Nothing herein shall preclude each

28  water management districts from using funds other than

29  Stewardship Florida funds for projects contained in its 5-year

30  workplan that are not approved for funding under the

31  Stewardship Florida Act.

                                  9

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         (3)  In developing the list, each water management

 2  district shall:

 3         (a)  Integrate its existing surface water improvement

 4  and management plans, Save Our Rivers land acquisition lists,

 5  stormwater management projects, proposed water resource

 6  development projects, proposed water body restoration

 7  projects, and other properties or activities that would assist

 8  in meeting the goals of Stewardship Florida.

 9         (b)  Work cooperatively with the applicable ecosystem

10  management area teams and other citizen advisory groups, the

11  Department of Environmental Protection and its district

12  offices, the Department of Agriculture and Consumer Services,

13  the Fish and Wildlife Conservation Commission, the Department

14  of Community Affairs, the Department of Transportation, other

15  state agencies, and federal agencies, where applicable.

16         (4)  The list submitted by the districts shall include,

17  where applicable, the following information for each project:

18         (a)  A description of the water body system, its

19  historical and current uses, and its hydrology; a history of

20  the conditions which have led to the need for restoration or

21  protection; and a synopsis of restoration efforts that have

22  occurred to date, if applicable.

23         (b)  An identification of all governmental units that

24  have jurisdiction over the water body and its drainage basin

25  within the approved surface water improvement and management

26  plan area, including local, regional, state, and federal

27  units.

28         (c)  A description of land uses within the project

29  area's drainage basin, and of important tributaries, point and

30  nonpoint sources of pollution, and permitted discharge

31  activities associated with that basin.

                                  10

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         (d)  A description of strategies and potential

 2  strategies, including improved stormwater management, for

 3  restoring or protecting the water body to Class III or better

 4  surface water quality status.

 5         (e)  A listing and synopsis of studies that are being

 6  or have been prepared for the water body, stormwater

 7  management project, or water resource development project.

 8         (f)  A description of the measures needed to manage and

 9  maintain the water body once it has been restored and to

10  prevent future degradation, to manage and maintain the

11  stormwater management system, or to manage and maintain the

12  water resource development project.

13         (g)  A schedule for restoration and protection of the

14  water body, implementation of the stormwater management

15  project, or development of the water resource development

16  project.

17         (h)  An estimate of the funding needed to carry out the

18  restoration, protection, or improvement project, or the

19  development of new water resources, where applicable, and the

20  projected sources of the funding.

21         (i)  Numeric performance measures for each project.

22  Each performance measure shall include a baseline measurement,

23  which is the current situation; a performance standard, which

24  water management district staff anticipates the project will

25  achieve; and the performance measurement itself, which should

26  reflect the incremental improvements the project accomplishes

27  towards achieving the performance standard.

28         (j)  A discussion of permitting and other regulatory

29  issues related to the project.

30         (k)  An identification of the proposed public access

31  for projects with land acquisition components.

                                  11

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         (l)  An identification of those lands which require a

 2  full fee simple interest to achieve water management goals and

 3  those lands which can be acquired using alternatives to fee

 4  simple acquisition techniques and still achieve such goals. In

 5  their evaluation of which lands would be appropriate for

 6  acquisition through alternatives to fee simple, district staff

 7  shall consider criteria including, but not limited to,

 8  acquisition costs, the net present value of future land

 9  management costs, the net present value of advalorem revenue

10  loss to the local government, and potential for revenue

11  generated from activities compatible with acquisition

12  objectives.

13         (m)  An identification of lands needed to protect or

14  recharge groundwater and a plan for their acquisition as

15  necessary to protect potable water supplies. Lands which serve

16  to protect or recharge groundwater identified pursuant to this

17  paragraph shall also serve to protect other valuable natural

18  resources or provide space for natural resource based

19  recreation.

20         (5)  The list of recommended projects shall indicate

21  the relative significance of each project within the

22  particular water management district's boundaries, and the

23  schedule of activities and sums of money earmarked should

24  reflect those rankings as much as possible over a 5-year

25  planning horizon.

26         (6)  Each district shall remove the property of an

27  unwilling seller from its 5-year workplan at the next

28  scheduled update of the plan, if in receipt of a request to do

29  so by the property owner.

30         (7)  By January 1 of each year, each district shall

31  file with the Legislature and the Secretary of Environmental

                                  12

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  Protection a report of acquisitions completed during the year

 2  modifications or additions to its 5-year workplan. Included in

 3  the report shall be:

 4         (a)  An identification of lands acquired through the

 5  Florida Watershed Reserve Program, pursuant to s. 259.105(6),

 6  and which would comply with the provisions of paragraphs (a)

 7  and (b).

 8         (b)  A description of land management activity for each

 9  property or project area owned by the water management

10  district.

11         (c)  A list of any lands surplused and the amount of

12  compensation received.

13         Section 34.  Subsection (6) of section 373.250, Florida

14  Statutes, is repealed.

15         373.250  Reuse of reclaimed water.--

16         (6)  Each water management district shall submit to the

17  Legislature, by June 1 of each year, an annual report which

18  describes the district's progress in promoting the reuse of

19  reclaimed water. The report shall include, but not be limited

20  to:

21         (a)  The number of permits issued during the year which

22  required reuse of reclaimed water and, by categories, the

23  percentages of reuse required.

24         (b)  The number of permits issued during the year which

25  did not require the reuse of reclaimed water and, of those

26  permits, the number which reasonably could have required

27  reuse.

28         (c)  In the second and subsequent annual reports, a

29  statistical comparison of reuse required through consumptive

30  use permitting between the current and preceding years.

31         (d)  A comparison of the volume of reclaimed water

                                  13

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  available in the district to the volume of reclaimed water

 2  required to be reused through consumptive use permits.

 3         (e)  A comparison of the volume of reuse of reclaimed

 4  water required in water resource caution areas through

 5  consumptive use permitting to the volume required in other

 6  areas in the district through consumptive use permitting.

 7         (f)  An explanation of the factors the district

 8  considered when determining how much, if any, reuse of

 9  reclaimed water to require through consumptive use permitting.

10         (g)  A description of the district's efforts to work in

11  cooperation with local government and private domestic

12  wastewater treatment facilities to increase the reuse of

13  reclaimed water. The districts, in consultation with the

14  department, shall devise a uniform format for the report

15  required by this subsection and for presenting the information

16  provided in the report.

17         Section 35.  Section 373.59, Florida Statutes, 1998

18  Supplement, is amended to read:

19         373.59  Water Management Lands Trust Fund.--

20         (1)  There is established within the Department of

21  Environmental Protection the Water Management Lands Trust Fund

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

23  section. The moneys in this fund are hereby continually

24  appropriated for the purposes of land acquisition, management,

25  maintenance, capital improvements of land titled to the

26  districts, payments in lieu of taxes, debt service on bonds

27  issued prior to July 1, 1999, preacquisition costs associated

28  with land purchases, and administration of the fund in

29  accordance with the provisions of this section to the

30  department's cost of administration of the fund.  The

31  department's costs of administration shall be charged

                                  14

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  proportionally against each district's allocation using the

 2  formula provided in subsection (8).  Capital improvements

 3  shall include, but need not be limited to, perimeter fencing,

 4  signs, firelanes, control of invasive exotic species,

 5  controlled burning, habitat inventory and restoration, law

 6  enforcement, access roads, and trails, and minimal public

 7  accommodations, such as primitive campsites, garbage

 8  receptacles, and toilets.

 9         (2)(a)  Until the Preservation 2000 Program is

10  concluded, By January 15 of each year, each district shall

11  file with the Legislature and the Secretary of Environmental

12  Protection a report of acquisition activity, by January 15 of

13  each year together with modifications or additions to its

14  5-year plan of acquisition.  Included in the report shall be

15  an identification of those lands which require a full fee

16  simple interest to achieve water management goals and those

17  lands which can be acquired using alternatives to fee simple

18  acquisition techniques and still achieve such goals.  In their

19  evaluation of which lands would be appropriate for acquisition

20  through alternatives to fee simple, district staff shall

21  consider criteria including, but not limited to, acquisition

22  costs, the net present value of future land management costs,

23  the net present value of ad valorem revenue loss to the local

24  government, and the potential for revenue generated from

25  activities compatible with acquisition objectives. The report

26  shall also include a description of land management activity.

27  Expenditure of moneys from the Water Management Lands Trust

28  Fund shall be limited to the costs for acquisition,

29  management, maintenance, and capital improvements of lands

30  included within the 5-year plan as filed by each district and

31  to the department's costs of administration of the fund. The

                                  15

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  department's costs of administration shall be charged

 2  proportionally against each district's allocation using the

 3  formula provided in subsection (7). However, no acquisition of

 4  lands shall occur without a public hearing similar to those

 5  held pursuant to the provisions set forth in s. 120.54. In the

 6  annual update of its 5-year plan for acquisition, each

 7  district shall identify lands needed to protect or recharge

 8  groundwater and shall establish a plan for their acquisition

 9  as necessary to protect potable water supplies. Lands which

10  serve to protect or recharge groundwater identified pursuant

11  to this paragraph shall also serve to protect other valuable

12  natural resources or provide space for natural resource based

13  recreation. Once all Preservation 2000 funds allocated to the

14  water management districts have been expended or committed,

15  this subsection shall be repealed.

16         (3)  Each district shall remove the property of an

17  unwilling seller from its plan of acquisition at the next

18  scheduled update of the plan, if in receipt of a request to do

19  so by the property owner. This subsection shall be repealed at

20  the conclusion of the Preservation 2000 program.

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

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

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

24  conservation and protection of water resources, except that

25  such moneys shall not be used for the acquisition of

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

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

28  Interests in real property acquired by the districts under

29  this section may be used for permittable water resource

30  development and water supply development purposes under the

31  following conditions: the minimum flows and levels of priority

                                  16

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





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

 2  complies with all conditions for issuance of a permit under

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

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

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

 6  an environmentally acceptable manner and, to the extent

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

 8  natural state and condition.

 9         (4)(b)  The Secretary of Environmental Protection shall

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

11  district for preacquisition costs within 30 days after receipt

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

13  which identifies and justifies any such preacquisition costs

14  necessary for the purchase of any lands listed in the

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

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

17  resolution, and the department shall deposit the unused funds

18  into the Water Management Lands Trust Fund.

19         (c)  The Secretary of Environmental Protection shall

20  release acquisition moneys from the Water Management Lands

21  Trust Fund to a district following receipt of a resolution

22  adopted by the governing board identifying the lands being

23  acquired and certifying that such acquisition is consistent

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

25  The governing board shall also provide to the Secretary of

26  Environmental Protection a copy of all certified appraisals

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

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

29  appraisals are required when the estimated value of the parcel

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

31  $500,000 and differ significantly, a third appraisal may be

                                  17

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





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

 2  price, the governing board shall submit written justification

 3  for the increased price. The Secretary of Environmental

 4  Protection may withhold moneys for any purchase that is not

 5  consistent with the 5-year plan or the intent of this act or

 6  that is in excess of appraised value. The governing board may

 7  appeal any denial to the Land and Water Adjudicatory

 8  Commission pursuant to s. 373.114.

 9         (5)(d)  The Secretary of Environmental Protection shall

10  release to the districts moneys for management, maintenance,

11  and capital improvements following receipt of a resolution and

12  request adopted by the governing board which specifies the

13  designated managing agency, specific management activities,

14  public use, estimated annual operating costs, and other

15  acceptable documentation to justify release of moneys.

16         (5)  Water management land acquisition costs shall

17  include payments to owners and costs and fees associated with

18  such acquisition.

19         (6)(6)  If a district issues revenue bonds or notes

20  under s. 373.584 prior to July 1, 1999, the district may

21  pledge its share of the moneys in the Water Management Lands

22  Trust Fund as security for such bonds or notes. The Department

23  of Environmental Protection shall pay moneys from the trust

24  fund to a district or its designee sufficient to pay the debt

25  service, as it becomes due, on the outstanding bonds and notes

26  of the district; however, such payments shall not exceed the

27  district's cumulative portion of the trust fund. However, any

28  moneys remaining after payment of the amount due on the debt

29  service shall be released to the district pursuant to

30  subsection (4) (3).

31         (7)(7)  Any unused portion of a district's share of the

                                  18

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  fund shall accumulate in the trust fund to the credit of that

 2  district.  Interest earned on such portion shall also

 3  accumulate to the credit of that district to be used for land

 4  acquisition, management, maintenance, and capital improvements

 5  as provided in this section.  The total moneys over the life

 6  of the fund available to any district under this section shall

 7  not be reduced except by resolution of the district governing

 8  board stating that the need for the moneys no longer exists.

 9  Any water management district with fund balances in the Water

10  Management Lands Trust Fund as of March 1, 1999, may expend

11  those funds for land acquisitions pursuant to s. 373.139, or

12  for the purpose specified in this subsection.

13         (8)  Moneys from the Water Management Lands Trust Fund

14  shall be allocated to the five water management districts in

15  the following percentages:

16         (a)  Thirty percent to the South Florida Water

17  Management District.

18         (b)  Twenty-five percent to the Southwest Florida Water

19  Management District.

20         (c)  Twenty-five percent to the St. Johns River Water

21  Management District.

22         (d)  Ten percent to the Suwannee River Water Management

23  District.

24         (e)  Ten percent to the Northwest Florida Water

25  Management District.

26         (9)  Each district may use its allocation under

27  subsection (8) for management, maintenance, and capital

28  improvements. Capital improvements shall include, but need not

29  be limited to, perimeter fencing, signs, firelanes, control of

30  invasive exotic species, controlled burning, habitat inventory

31  and restoration, law enforcement, access roads and trails, and

                                  19

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  minimal public accommodations, such as primitive campsites,

 2  garbage receptacles, and toilets.

 3         (10)(10)  Moneys in the fund not needed to meet current

 4  obligations incurred under this section shall be transferred

 5  to the State Board of Administration, to the credit of the

 6  fund, to be invested in the manner provided by law.  Interest

 7  received on such investments shall be credited to the fund.

 8         (11)  Lands acquired for the purposes enumerated in

 9  this section shall also be used for general public

10  recreational purposes.  General public recreational purposes

11  shall include, but not be limited to, fishing, hunting,

12  horseback riding, swimming, camping, hiking, canoeing,

13  boating, diving, birding, sailing, jogging, and other related

14  outdoor activities to the maximum extent possible considering

15  the environmental sensitivity and suitability of those lands.

16  These public lands shall be evaluated for their resource value

17  for the purpose of establishing which parcels, in whole or in

18  part, annually or seasonally, would be conducive to general

19  public recreational purposes. Such findings shall be included

20  in management plans which are developed for such public lands.

21  These lands shall be made available to the public for these

22  purposes, unless the district governing board can demonstrate

23  that such activities would be incompatible with the purposes

24  for which these lands were acquired. For any fee simple

25  acquisition of a parcel which is or will be leased back for

26  agricultural purposes, or for any acquisition of a

27  less-than-fee interest in land that is or will be used for

28  agricultural purposes, the district governing board shall

29  first consider having a soil and water conservation district

30  created pursuant to chapter 582 manage and monitor such

31  interest.

                                  20

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         (10)(a)  Beginning July 1, 1999, not more than

 2  one-fourth of the land management funds provided for in

 3  subsections (1) and (7) in any year shall be reserved annually

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

 5  operating budget, for payments in lieu of taxes for all actual

 6  tax losses incurred as a result of governing board

 7  acquisitions for water management districts under the

 8  Stewardship Florida program during any year. Reserved funds

 9  not used for payments in lieu of taxes in any year shall

10  revert to the Water Management Lands Trust Fund to be used in

11  accordance with the provisions of this section.

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

13         1.  To all counties that have a population of 150,000

14  or less.  Population levels shall be determined pursuant to s.

15  11.031.

16         2.  To all local governments who are located in

17  eligible counties and whose lands are bought and taken off the

18  tax rolls.

19

20  For the purposes of this subsection, "local government"

21  includes municipalities, the county school board, mosquito

22  control districts, and any other local government entity which

23  levies ad valorem taxes.

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

25  make full payments to all qualifying counties and local

26  governments, such counties and local governments shall receive

27  a pro rata share of the moneys available.

28         (d)  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. Applications for payment in lieu of

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

                                  21

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





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

 2  made for properties which were exempt from ad valorem taxation

 3  for the year immediately preceding acquisition.  If property

 4  that was subject to ad valorem taxation was acquired by a

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

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

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

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

 9  tax rolls. The water management districts shall certify to the

10  Department of Revenue those properties that may be eligible

11  under this provision. Once eligibility has been established,

12  that governmental entity shall receive 10 consecutive annual

13  payments, and no further eligibility determination shall be

14  made during that period.

15         (e)  Payment in lieu of taxes pursuant to this

16  subsection shall be made annually to qualifying counties and

17  local governments after certification by the Department of

18  Revenue that the amounts applied for are reasonably

19  appropriate, based on the amount of actual taxes paid on the

20  eligible property, and after the water management districts

21  have provided supporting documents to the Comptroller and have

22  requested that payment be made in accordance with the

23  requirements of this section.

24         (f)  If a water management district conveys to a county

25  or local government title to any land owned by the district,

26  any payments in lieu of taxes on the land made to the county

27  or local government shall be discontinued as of the date of

28  the conveyance.

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

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

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

                                  22

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  purpose except the purchase of other lands meeting the

 2  criteria specified in this section or payment of debt service

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

 4  in this section.

 5         (13)  No moneys generated pursuant to this act may be

 6  applied or expended subsequent to July 1, 1985, to reimburse

 7  any district for prior expenditures for land acquisition from

 8  ad valorem taxes or other funds other than its share of the

 9  funds provided herein or to refund or refinance outstanding

10  debt payable solely from ad valorem taxes or other funds other

11  than its share of the funds provided herein.

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

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

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

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

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

17  counties for actual ad valorem tax losses incurred as a result

18  of lands purchased with funds allocated pursuant to s.

19  259.101(3)(b). In addition, the Northwest Florida Water

20  Management District, the South Florida Water Management

21  District, the Southwest Florida Water Management District, the

22  St. Johns River Water Management District, and the Suwannee

23  River Water Management District shall pay to qualifying

24  counties payments in lieu of taxes for district lands acquired

25  with funds allocated pursuant to subsection (8). Reserved

26  funds that are not used for payment in lieu of taxes in any

27  year shall revert to the fund to be used for management

28  purposes or land acquisition in accordance with this section.

29         (b)  Payment in lieu of taxes shall be available to

30  counties for each year in which the levy of ad valorem tax is

31  at least 8.25 mills or the amount of the tax loss from all

                                  23

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  completed Preservation 2000 acquisitions in the county exceeds

 2  0.01 percent of the county's total taxable value, and the

 3  population is 75,000 or less and to counties with a population

 4  of less than 100,000 which contain all or a portion of an area

 5  of critical state concern designated pursuant to chapter 380.

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

 7  make full payments to all qualifying counties, such counties

 8  shall receive a pro rata share of the moneys available.

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

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

11  immediately preceding acquisition. For lands purchased prior

12  to July 1, 1992, applications for payment in lieu of taxes

13  shall be made to the districts by January 1, 1993. For lands

14  purchased after July 1, 1992, applications for payment in lieu

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

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

17  made for properties which were exempt from ad valorem taxation

18  for the year immediately preceding acquisition.  Payment in

19  lieu of taxes shall be limited to a period of 10 consecutive

20  years of annual payments.

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

22  days after: certification by the Department of Revenue that

23  the amounts applied for are appropriate, certification by the

24  Department of Environmental Protection that funds are

25  available, and completion of any fund transfers to the

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

27  payment in lieu of taxes to any county by the amount of other

28  payments, grants, or in-kind services provided to that county

29  by the district during the year. The amount of any reduction

30  in payments shall remain in the Water Management Lands Trust

31  Fund for purposes provided by law.

                                  24

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 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         (15)  Each district is encouraged to use volunteers to

 6  provide land management and other services.  Volunteers shall

 7  be covered by liability protection and workers' compensation

 8  in the same manner as district employees, unless waived in

 9  writing by such volunteers or unless such volunteers otherwise

10  provide equivalent insurance.

11         (16)  Each water management district is authorized and

12  encouraged to enter into cooperative land management

13  agreements with state agencies or local governments to provide

14  for the coordinated and cost-effective management of lands to

15  which the water management districts, the Board of Trustees of

16  the Internal Improvement Trust Fund, or local governments hold

17  title. Any such cooperative land management agreement must be

18  consistent with any applicable laws governing land use,

19  management duties, and responsibilities and procedures of each

20  cooperating entity. Each cooperating entity is authorized to

21  expend such funds as are made available to it for land

22  management on any such lands included in a cooperative land

23  management agreement.

24         (11)(17)  Notwithstanding any provision of this section

25  to the contrary and for the 1998-1999 fiscal year only, the

26  governing board of a water management district may request,

27  and the Secretary of Environmental Protection shall release

28  upon such request, moneys allocated to the districts pursuant

29  to subsection (7) (8) for the purpose of carrying out the

30  provisions of ss. 373.451-373.4595. No funds may be used

31  pursuant to this subsection until necessary debt service

                                  25

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1  obligations and requirements for payments in lieu of taxes

 2  that may be required pursuant to this section are provided

 3  for. This subsection is repealed on July 1, 1999.

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 3, line 27 after the semicolon thru page 4,

 9  line 15

10  remove from the title of the bill:  all of said lines

11

12  and insert in lieu thereof:

13         amending s. 373.139, F.S.; revising authority

14         and requirements for acquisition and

15         disposition of lands by the water management

16         districts; providing district rulemaking

17         authority, subject to legislative review;

18         creating s. 373.1391, F.S.; providing criteria

19         for management and uses of district lands;

20         providing district rulemaking authority,

21         subject to legislative review; creating s.

22         373.199, F.S.; providing duties of the water

23         management districts in assisting the

24         Acquisition and Restoration Commission;

25         requiring development of recommended project

26         lists; specifying required information;

27         repealing s. 373.250, F.S.; relating to the

28         reuse of reclaimed water; amending s.

29         373.59,F.S.; revising authorized uses of funds

30         from the Water Management Lands Trust Fund;

31         revising eligibility criteria for payment in

                                  26

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 2021

    Amendment No.     (for drafter's use only)





 1         lieu of taxes; amending s. 375.075, F.S.;

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  27

    File original & 9 copies    04/22/99
    hep0001                     07:16 am         02021-0066-662941