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
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Alexander and Dockery offered the following:
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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
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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
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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.
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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
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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
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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.
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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
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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:
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.;
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