House Bill 2021

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    Florida House of Representatives - 1999                HB 2021

        By the Committee on Environmental Protection and
    Representatives Dockery, Constantine, Alexander, Putnam,
    Pruitt, Sembler, Logan, Hart, Eggelletion, Minton, Greenstein,
    Kyle, Tullis, Murman and Prieguez



  1                      A bill to be entitled

  2         An act relating to state land acquisition and

  3         management; amending s. 201.15, F.S.; revising

  4         distribution of certain documentary stamp tax

  5         revenues; amending ss. 161.05301 and 161.091,

  6         F.S.; correcting cross references; creating s.

  7         201.155, F.S.; providing for annual

  8         appropriation to pay debt service; creating s.

  9         215.618, F.S.; providing for the issuance of

10         Stewardship Florida bonds; providing

11         limitations; providing procedures and

12         legislative intent; amending s. 216.331, F.S.;

13         correcting a cross reference; amending s.

14         253.027, F.S.; providing for the reservation of

15         funds; revising the criteria for expenditures

16         for archaeological property to include lands on

17         the acquisition list for the Stewardship

18         Florida program; amending s. 253.034, F.S.;

19         providing for the use of state-owned lands;

20         providing for the sale of surplus state lands;

21         amending s. 259.02, F.S.; providing bonding

22         authority for the Stewardship Florida program;

23         creating s. 259.021, F.S.; subjecting bond

24         issuance to constitutional authorization;

25         providing requirements and limitations;

26         amending s. 259.03; F.S.; deleting obsolete

27         definitions; providing new definitions;

28         amending s. 259.032, F.S.; providing

29         legislative intent; specifying certain uses of

30         funds from the Conservation and Recreation

31         Lands Trust Fund; revising eligibility for

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  1         payment in lieu of taxes; deleting obsolete

  2         language; revising timeframe for removal of

  3         certain projects from a priority list; creating

  4         s. 259.034, F.S.; creating the Acquisition and

  5         Restoration Commission; specifying membership

  6         and duties; providing for compensation;

  7         authorizing adoption of rules; providing for

  8         per diem and travel expenses; amending s.

  9         259.035, F.S.; correcting a cross reference;

10         amending s. 259.036, F.S.; providing conforming

11         language; amending s. 259.04, F.S.; conforming

12         language and cross references; amending s.

13         259.041, F.S.; providing procedures and

14         guidelines for land acquisition; providing

15         legislative intent and guidelines for use of

16         less than fee land acquisition alternatives;

17         amending s. 259.101, F.S.; providing for

18         redistribution for certain unencumbered P2000

19         funds; conforming language and cross

20         references; creating s. 259.105, F.S.; creating

21         the Stewardship Florida Act; providing

22         legislative findings and intent; providing for

23         issuing bonds; providing for distribution and

24         use of bond proceeds; providing project goals

25         and selection criteria; providing application

26         and selection procedures; authorizing certain

27         governmental uses of acquired lands;

28         authorizing adoption of rules; amending s.

29         260.0125, F.S.; correcting cross references;

30         creating s. 260.0142, F.S.; creating the

31         Florida Greenways and Trails Council within the

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  1         Department of Environmental Protection;

  2         providing for membership, powers, and duties;

  3         amending s. 260.016, F.S.; revising powers of

  4         the Department of Environmental Protection with

  5         respect to greenways and trails; deleting

  6         reference to the Florida Recreational Trails

  7         Council; amending s. 260.018, F.S.; correcting

  8         cross references; amending s. 288.1224, F.S.;

  9         providing conforming language; amending s.

10         369.252, F.S.; providing for the use of certain

11         funds from the Aquatic Plant Control Trust

12         Fund; amending s. 369.307, F.S.; providing

13         conforming language; amending s. 373.089, F.S.;

14         providing procedure for the surplusing of water

15         management district lands; creating s. 373.199,

16         F.S.; providing duties of the water management

17         districts in assisting the Acquisition and

18         Restoration Commission; requiring development

19         of recommended project lists; specifying

20         required information; amending s. 373.59, F.S.;

21         revising authorized uses of funds from the

22         Water Management Lands Trust Fund; providing

23         district rulemaking authority; revising

24         eligibility criteria for payment in lieu of

25         taxes; amending s. 375.075, F.S.; revising

26         funding and procedures for the Florida

27         Recreation Development Assistance Program;

28         amending ss. 380.0666 and 380.22, F.S.;

29         providing conforming language; amending s.

30         380.503, F.S.; providing definitions; amending

31         s. 380.504, F.S.; revising the composition of

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  1         the Florida Communities Trust; amending s.

  2         380.505, F.S.; revising quorum requirements;

  3         amending s. 380.507, F.S.; providing for

  4         titling of certain acquired property to a local

  5         government; revising rulemaking authority;

  6         amending s. 380.510, F.S.; requiring covenants

  7         and restrictions for certain property,

  8         necessary to comply with constitutional

  9         requirements; amending ss. 420.5092 and

10         420.9073, F.S.; correcting cross references;

11         repealing s. 253.787, F.S., relating to the

12         Florida Greenways Coordinating Council;

13         repealing s. 259.035, F.S., relating to the

14         Land Acquisition and Management Advisory

15         Council; repealing s. 259.07, F.S., relating to

16         public meetings of the council; creating the

17         Stewardship Florida Study Commission; providing

18         membership and duties; providing an

19         appropriation; providing effective dates.

20

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

22

23         Section 1.  Section 201.15, Florida Statutes, 1998

24  Supplement, is amended to read:

25         201.15  Distribution of taxes collected.--All taxes

26  collected under this chapter shall be distributed as follows

27  and shall be subject to the service charge imposed in s.

28  215.20(1), except that such service charge shall not be levied

29  against any portion of taxes pledged to debt service on bonds

30  to the extent that the amount of the service charge is

31

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  1  required to pay any amounts relating to the bonds and shall be

  2  distributed as follows:

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

  4  the remaining taxes collected under this chapter shall be used

  5  for the following purposes:

  6         (a)  Amounts Subject to the maximum amount limitations

  7  set forth in this paragraph, an amount as shall be necessary

  8  to pay the debt service on, or fund debt service reserve

  9  funds, rebate obligations, or other amounts with respect to

10  Preservation 2000 bonds issued pursuant to s. 375.051 and

11  Stewardship Florida bonds issued pursuant to s. 215.618, bonds

12  issued pursuant to s. 375.051 and payable from moneys

13  transferred to the Land Acquisition Trust Fund pursuant to

14  this paragraph shall be paid into the State Treasury to the

15  credit of the Land Acquisition Trust Fund to be used for such

16  purposes. The amount transferred to the Land Acquisition Trust

17  Fund for such purposes shall not exceed $90 million in fiscal

18  year 1992-1993, $120 million in fiscal year 1993-1994, $150

19  million in fiscal year 1994-1995, $180 million in fiscal year

20  1995-1996, $210 million in fiscal year 1996-1997, $240 million

21  in fiscal year 1997-1998, $270 million in fiscal year

22  1998-1999, and $300 million in fiscal year 1999-2000 and

23  thereafter for Preservation 2000 bonds and bonds issued to

24  refund Preservation 2000 bonds, and $300 million in fiscal

25  year 2000-2001 and thereafter for Stewardship Florida bonds.

26  Except for bonds issued to refund previously issued bonds, no

27  individual series of bonds may be issued pursuant to this

28  paragraph unless such bonds and the first year's debt service

29  for such bonds are is specifically appropriated in the General

30  Appropriations Act.  For purposes of refunding Preservation

31  2000 bonds, amounts designated within this section for

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  1  Preservation 2000 and Stewardship Florida bonds may be

  2  transferred between the two programs to the extent provided

  3  for in the documents authorizing the issuance of the bonds.

  4  The Preservation 2000 bonds and Stewardship Florida bonds

  5  shall be equally and ratably secured by moneys distributable

  6  to the Land Acquisition Trust Fund pursuant to this section,

  7  except to the extent specifically provided otherwise by the

  8  documents authorizing the issuance of the bonds. No moneys

  9  transferred to the Land Acquisition Trust Fund pursuant to

10  this paragraph, or earnings thereon, shall be used or made

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

12  bonds.

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

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

15  shall be paid into the State Treasury to the credit of the

16  Land Acquisition Trust Fund and may be used for any purpose

17  for which funds deposited in the Land Acquisition Trust Fund

18  may lawfully be used. Payments made under this paragraph shall

19  continue until the cumulative amount credited to the Land

20  Acquisition Trust Fund for the fiscal year under this

21  paragraph and paragraph (2)(b) equals 70 percent of the

22  current official forecast for distributions of taxes collected

23  under this chapter pursuant to subsection (2). As used in this

24  paragraph, the term "current official forecast" means the most

25  recent forecast as determined by the Revenue Estimating

26  Conference. If the current official forecast for a fiscal year

27  changes after payments under this paragraph have ended during

28  that fiscal year, no further payments are required under this

29  paragraph during the fiscal year.

30         (b)(c)  The remainder of the moneys distributed under

31  this subsection, after the required payments under paragraph

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  1  (a) paragraphs (a) and (b), shall be paid into the State

  2  Treasury to the credit of the General Revenue Fund of the

  3  state to be used and expended for the purposes for which the

  4  General Revenue Fund was created and exists by law or to the

  5  Ecosystem Management and Restoration Trust Fund as provided in

  6  subsection (10) (8).

  7         (2)  Seven and fifty-six hundredths percent of the

  8  remaining taxes collected under this chapter shall be used for

  9  the following purposes:

10         (a)  Beginning in the month following the final payment

11  for a fiscal year under paragraph (1)(a)(b), available moneys

12  shall be paid into the State Treasury to the credit of the

13  General Revenue Fund of the state to be used and expended for

14  the purposes for which the General Revenue Fund was created

15  and exists by law or to the Ecosystem Management and

16  Restoration Trust Fund as provided in subsection (10) (8).

17  Payments made under this paragraph shall continue until the

18  cumulative amount credited to the General Revenue Fund for the

19  fiscal year under this paragraph equals the cumulative

20  payments made under paragraph (1)(b) for the same fiscal year.

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

22  subsection shall be paid into the State Treasury to the credit

23  of the Land Acquisition Trust Fund. Sums deposited in the fund

24  pursuant to this subsection may be used for any purpose for

25  which funds deposited in the Land Acquisition Trust Fund may

26  lawfully be used.

27         (3)  One and ninety-four hundredths percent of the

28  remaining taxes collected under this chapter shall be paid

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

30  Trust Fund. Moneys deposited in the trust fund pursuant to

31  this section shall be used for the following purposes:

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  1         (a)  Sixty percent of the moneys shall be used to

  2  acquire coastal lands or to pay debt service on bonds issued

  3  to acquire coastal lands; and

  4         (b)  Forty percent of the moneys shall be used to

  5  develop and manage lands acquired with moneys from the Land

  6  Acquisition Trust Fund.

  7         (4)  Four and two-tenths Five and eighty-four

  8  hundredths percent of the remaining taxes collected under this

  9  chapter shall be paid into the State Treasury to the credit of

10  the Water Management Lands Trust Fund. Sums deposited in that

11  fund may be used for any purpose authorized in s. 373.59.

12         (5)  Four and two-tenths Five and eighty-four

13  hundredths percent of the remaining taxes collected under this

14  chapter shall be paid into the State Treasury to the credit of

15  the Conservation and Recreation Lands Trust Fund to carry out

16  the purposes set forth in s. 259.032.

17         (6)  Two and seventy-eight hundredths percent of the

18  remaining taxes collected under this chapter shall be paid

19  into the State Treasury to the credit of the Aquatic Plant

20  Control Trust Fund to carry out the purposes set forth in ss.

21  369.22 and 369.252.

22         (7)  One-half of one percent of the remaining taxes

23  collected under this chapter shall be paid into the State

24  Treasury to the credit of the State Game Trust Fund to be used

25  exclusively for the purpose of implementing the Lake

26  Restoration 2020 Program.

27         (8)(6)  Seven and fifty-three hundredths percent of the

28  remaining taxes collected under this chapter shall be paid

29  into the State Treasury to the credit of the State Housing

30  Trust Fund and shall be used as follows:

31

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  1         (a)  Half of that amount shall be used for the purposes

  2  for which the State Housing Trust Fund was created and exists

  3  by law.

  4         (b)  Half of that amount shall be paid into the State

  5  Treasury to the credit of the Local Government Housing Trust

  6  Fund and shall be used for the purposes for which the Local

  7  Government Housing Trust Fund was created and exists by law.

  8         (9)(7)  Eight and sixty-six hundredths percent of the

  9  remaining taxes collected under this chapter shall be paid

10  into the State Treasury to the credit of the State Housing

11  Trust Fund and shall be used as follows:

12         (a)  Twelve and one-half percent of that amount shall

13  be deposited into the State Housing Trust Fund and be expended

14  by the Department of Community Affairs and by the Florida

15  Housing Finance Agency for the purposes for which the State

16  Housing Trust Fund was created and exists by law.

17         (b)  Eighty-seven and one-half percent of that amount

18  shall be distributed to the Local Government Housing Trust

19  Fund and shall be used for the purposes for which the Local

20  Government Housing Trust Fund was created and exists by law.

21  Funds from this category may also be used to provide for state

22  and local services to assist the homeless.

23         (10)(8)  From the moneys specified in paragraphs

24  (1)(b)(c) and (2)(a) and prior to deposit of any moneys into

25  the General Revenue Fund, $10 million shall be paid into the

26  State Treasury to the credit of the Ecosystem Management and

27  Restoration Trust Fund in fiscal year 1998-1999, $20 million

28  in fiscal year 1999-2000, and $30 million in fiscal year

29  2000-2001 and each fiscal year thereafter, to be used for the

30  preservation and repair of the state's beaches as provided in

31  ss. 161.091-161.212.

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  1         (11)(9)  The Department of Revenue may use the payments

  2  credited to trust funds pursuant to paragraphs (1)(a)(b) and

  3  (2)(b) and subsections (3), (4), (5), (6), and (7), (8), and

  4  (9) to pay the costs of the collection and enforcement of the

  5  tax levied by this chapter. The percentage of such costs which

  6  may be assessed against a trust fund is a ratio, the numerator

  7  of which is payments credited to that trust fund under this

  8  section and the denominator of which is the sum of payments

  9  made under paragraphs (1)(a)(b) and (2)(b) and subsections

10  (3), (4), (5), (6), and (7), (8), and (9).

11         (12)  The distribution of proceeds deposited into the

12  Water Management Lands Trust Fund and the Conservation and

13  Recreation Lands Trust Fund, pursuant to subsections (4) and

14  (5), shall not be used for land acquisition, but may be used

15  for preacquisition costs associated with land purchases.  The

16  Legislature intends that the Stewardship Florida program

17  supplant the acquisition programs formerly authorized under

18  ss. 259.032 and 373.59.  Prior to the 2005 Regular Session of

19  the Legislature, the Acquisition and Restoration Commission

20  shall review and make recommendations to the Legislature

21  concerning the need to repeal this provision.  Based on these

22  recommendations, the Legislature shall review the need to

23  repeal this provision during the 2005 Regular Session.

24         Section 2.  Subsection (1) of section 161.05301,

25  Florida Statutes, 1998 Supplement, is amended to read:

26         161.05301  Beach erosion control project staffing;

27  coastal construction building codes review.--

28         (1)  There are hereby appropriated to the Department of

29  Environmental Protection six positions and $449,918 for fiscal

30  year 1998-1999 from the Ecosystem Management and Restoration

31  Trust Fund from revenues provided by this act pursuant to s.

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  1  201.15(10)(8).  These positions and funding are provided to

  2  assist local project sponsors, and shall be used to facilitate

  3  and promote enhanced beach erosion control project

  4  administration.  Such staffing resources shall be directed

  5  toward more efficient contract development and oversight,

  6  promoting cost-sharing strategies and regional coordination or

  7  projects among local governments, providing assistance to

  8  local governments to ensure timely permit review, and

  9  improving billing review and disbursement processes.

10         Section 3.  Subsection (3) of section 161.091, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         161.091  Beach management; funding; repair and

13  maintenance strategy.--

14         (3)  In accordance with the intent expressed in s.

15  161.088 and the legislative finding that erosion of the

16  beaches of this state is detrimental to tourism, the state's

17  major industry, further exposes the state's highly developed

18  coastline to severe storm damage, and threatens beach-related

19  jobs, which, if not stopped, could significantly reduce state

20  sales tax revenues, funds deposited into the State Treasury to

21  the credit of the Ecosystem Management and Restoration Trust

22  Fund, in the annual amounts provided in s. 201.15(10)(8),

23  shall be used, for a period of not less than 15 years, to fund

24  the development, implementation, and administration of the

25  state's beach management plan, as provided in ss.

26  161.091-161.212, prior to the use of such funds deposited

27  pursuant to s. 201.15(10)(8) in that trust fund for any other

28  purpose.

29         Section 4.  Section 201.155, Florida Statutes, is

30  created to read:

31

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  1         201.155  Distribution of taxes for Stewardship Florida

  2  Trust Fund.--Subject to the maximum amount of limitations set

  3  forth in this section, an amount as shall be necessary to pay

  4  the debt service on, or fund debt service reserve funds,

  5  rebate obligations, or other amounts with respect to bonds

  6  issued pursuant to s. 259.02 and payable from moneys

  7  transferred to the Stewardship Florida Trust Fund pursuant to

  8  this section, shall be paid into the State Treasury to the

  9  credit of the Stewardship Florida Trust Fund to be used for

10  such purposes.  The annual amount transferred to the

11  Stewardship Florida Trust Fund shall not exceed $30 million in

12  the first fiscal year in which bonds are issued.  The

13  limitation on the amount transferred shall be increased by an

14  additional $30 million in each subsequent fiscal year in which

15  bonds are authorized to be issued, but shall not exceed a

16  total of $300 million in any fiscal year for all bonds issued.

17  It is the intent of the Legislature that all bonds issued to

18  fund the Stewardship Florida Act be retired by December 31,

19  2030.  No individual series of bonds may be issued pursuant to

20  this section unless the first year's debt service for such

21  bonds is specifically appropriated in the General

22  Appropriations Act.

23         Section 5.  Section 215.618, Florida Statutes, is

24  created to read:

25         215.618  Bonds for acquisition and improvement of land,

26  water areas, and related property interests and resources.--

27         (1)  The issuance of Stewardship Florida bonds to

28  finance or refinance the cost of acquisition and improvement

29  of land, water areas, and related property interests and

30  resources for the purposes of conservation, outdoor

31  recreation, water resource development, restoration of natural

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  1  systems, and historic preservation is hereby authorized

  2  pursuant to s. 11(e), Art. VII of the State Constitution.

  3  Stewardship Florida bonds may also be issued to refund

  4  Preservation 2000 bonds issued pursuant to s. 375.051.  The

  5  duration of Stewardship Florida bonds issued may not exceed 20

  6  annual maturities. Preservation 2000 bonds and Stewardship

  7  Florida bonds shall be equally and ratably secured by moneys

  8  distributable to the Land Acquisition Trust Fund pursuant to

  9  s. 201.15(1)(a), except to the extent specifically provided

10  otherwise by the documents authorizing the issuance of the

11  bonds.

12         (2)  The state does hereby covenant with the holders of

13  Stewardship Florida bonds and Preservation 2000 bonds that it

14  will not take any action which will materially and adversely

15  affect the rights of such holders so long as such bonds are

16  outstanding, including, but not limited to, a reduction in the

17  portion of documentary stamp taxes distributable to the Land

18  Acquisition Trust Fund for payment of debt service on

19  Preservation 2000 bonds or Stewardship Florida bonds.

20         (3)  Bonds issued pursuant to this section shall be

21  payable from taxes distributable to the Land Acquisition Trust

22  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to

23  this section shall not constitute a general obligation of, or

24  a pledge of the full faith and credit of, the state.

25         (4)  The Department of Environmental Protection shall

26  request the Division of Bond Finance of the State Board of

27  Administration to issue the Stewardship Florida bonds

28  authorized by this section. The Division of Bond Finance shall

29  issue such bonds pursuant to the State Bond Act.

30         (5)  The proceeds from the sale of bonds issued

31  pursuant to this section, less the costs of issuance, the

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  1  costs of funding reserve accounts, and other costs with

  2  respect to the bonds, shall be deposited into the Stewardship

  3  Florida Trust Fund. The bond proceeds deposited into the

  4  Stewardship Florida Trust Fund shall be distributed by the

  5  Department of Environmental Protection as provided in s.

  6  259.105.

  7         (6)  Pursuant to authority granted by s. 11(e), Art.

  8  VII of the State Constitution, there is hereby continued and

  9  recreated the Land Acquisition Trust Fund which shall be a

10  continuation of the Land Acquisition Trust Fund which exists

11  for purposes of s. 9(a)(1), Art. XII of the State

12  Constitution. The Land Acquisition Trust Fund shall continue

13  beyond the termination of bonding authority provided for in s.

14  9(a)(1), Art. XII of the State Constitution, pursuant to the

15  authority provided by s. 11(e), Art. VII of the State

16  Constitution and shall continue for so long as Preservation

17  2000 bonds or Stewardship Florida bonds are outstanding and

18  secured by taxes distributable thereto.

19         (7)  There shall be no sale, disposition, lease,

20  easement, license, or other use of any land, water areas, or

21  related property interests acquired or improved with proceeds

22  of Stewardship Florida bonds which would cause all or any

23  portion of the interest of such bonds to lose the exclusion

24  from gross income for federal income tax purposes.

25         (8)  The initial series of Stewardship Florida bonds

26  shall be validated in addition to any other bonds required to

27  be validated pursuant to s. 215.82. Any complaint for

28  validation of bonds issued pursuant to this section shall be

29  filed only in the circuit court of the county where the seat

30  of state government is situated, the notice required to be

31  published by s. 75.06 shall be published only in the county

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  1  where the complaint is filed, and the complaint and order of

  2  the circuit court shall be served only on the state attorney

  3  of the circuit in which the action is pending.

  4         Section 6.  Section 216.331, Florida Statutes, is

  5  amended to read:

  6         216.331  Disbursement of state moneys.--Except as

  7  provided in s. 17.076, s. 253.025(14), s. 259.041(18)(17), s.

  8  717.124(5), s. 732.107(6), or s. 733.816(5), all moneys in the

  9  State Treasury shall be disbursed by state warrant, drawn by

10  the Comptroller upon the State Treasury and payable to the

11  ultimate beneficiary. This authorization shall include

12  electronic disbursement.

13         Section 7.  Subsection (4) and paragraph (a) of

14  subsection (5) of section 253.027, Florida Statutes, are

15  amended to read:

16         253.027  Emergency archaeological property

17  acquisition.--

18         (4)  EMERGENCY ARCHAEOLOGICAL ACQUISITION.--The sum of

19  $2 million shall be reserved annually segregated in an account

20  within the Stewardship Florida Conservation and Recreation

21  Lands Trust Fund for the purpose of emergency archaeological

22  acquisition for fiscal year 1988-1989, and each year

23  thereafter. Any portion of that amount the account not spent

24  or obligated by the end of the third quarter of the fiscal

25  year may be used for approved acquisitions pursuant to s.

26  259.105(3)(b) spent for other purposes specified in s.

27  259.032, upon approval of the Board of Trustees of the

28  Internal Improvement Trust Fund.

29         (5)  ACCOUNT EXPENDITURES.--

30

31

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  1         (a)  No moneys shall be spent for the acquisition of

  2  any property, including title works, appraisal fees, and

  3  survey costs, unless:

  4         1.  The property is an archaeological property of major

  5  statewide significance.

  6         2.  The structures, artifacts, or relics, or their

  7  historic significance, will be irretrievably lost if the state

  8  cannot acquire the property.

  9         3.  The site is presently on an acquisition list for

10  the Conservation and Recreation Lands or for Stewardship

11  Florida lands, acquisition list or complies with the criteria

12  for inclusion on any such the list but has yet to be included

13  on the list.

14         4.  No other source of immediate funding is available

15  to purchase or otherwise protect the property.

16         5.  The site is not otherwise protected by local,

17  state, or federal laws.

18         6.  The acquisition is not inconsistent with the state

19  comprehensive plan and the state land acquisition program.

20         Section 8.  Subsections (3), (4), (5), (6), and (8) of

21  section 253.034, Florida Statutes, 1998 Supplement, are

22  amended, and subsection (10) is added to said section, to

23  read:

24         253.034  State-owned lands; uses.--

25         (3)  In recognition that recreational trails purchased

26  with rails-to-trails funds pursuant to s. 259.101(3)(g) or s.

27  259.105(3)(g) have had historic transportation uses and that

28  their linear character may extend many miles, the Legislature

29  intends that when the necessity arises to serve public needs,

30  after balancing the need to protect trail users from

31  collisions with automobiles and a preference for the use of

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  1  overpasses and underpasses to the greatest extent feasible and

  2  practical, transportation uses shall be allowed to cross

  3  recreational trails purchased pursuant to s. 259.101(3)(g) or

  4  s. 259.105(3)(g). When these crossings are needed, the

  5  location and design should consider and mitigate the impact on

  6  humans and environmental resources, and the value of the land

  7  shall be paid based on fair market value.

  8         (4)  No management agreement, lease, or other

  9  instrument authorizing the use of lands owned by the Board of

10  Trustees of the Internal Improvement Trust Fund shall be

11  executed for a period greater than is necessary to provide for

12  the reasonable use of the land for the existing or planned

13  life cycle or amortization of the improvements, except that an

14  easement in perpetuity may be granted by the Board of Trustees

15  of the Internal Improvement Trust Fund if the improvement is a

16  transportation facility. An agency managing or leasing

17  state-owned lands from the Board of Trustees of the Internal

18  Improvement Trust Fund may not sublease such lands without

19  prior review by the division and by the Land Acquisition and

20  Management Advisory Council created in s. 259.035 or its

21  successor and approval by the board. The Land Acquisition and

22  Management Advisory Council is not required to review

23  subleases of parcels which are less than 160 acres in size.

24         (5)  Each state agency managing lands owned by the

25  Board of Trustees of the Internal Improvement Trust Fund shall

26  submit to the Division of State Lands a land management plan

27  at least every 5 years in a form and manner prescribed by rule

28  by the board.  All management plans, whether for single-use or

29  multiple-use properties, shall specifically describe how the

30  managing agency plans to identify, locate, protect and

31  preserve, or otherwise use fragile nonrenewable resources,

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  1  such as archaeological and historic sites, as well as other

  2  fragile resources, including endangered plant and animal

  3  species, and provide for the conservation of soil and water

  4  resources and for the control and prevention of soil erosion.

  5  Land management plans submitted by an agency shall include

  6  reference to appropriate statutory authority for such use or

  7  uses and shall conform to the appropriate policies and

  8  guidelines of the state land management plan. All land

  9  management plans for parcels larger than 1,000 acres shall

10  contain an analysis of the multiple-use potential of the

11  parcel, which analysis shall include the potential of the

12  parcel to generate revenues to enhance the management of the

13  parcel.  Additionally, the land management plan shall contain

14  an analysis of the potential use of private land managers to

15  facilitate the restoration or management of these lands.  In

16  those cases where a newly acquired property has a valid

17  conservation plan, the plan shall be used to guide management

18  of the property until a formal land management plan is

19  completed.

20         (a)  The Division of State Lands shall make available

21  to the public a copy of each land management plan for parcels

22  which exceed 160 acres in size. The council or its successor

23  shall review each plan for compliance with the requirements of

24  this subsection and with the requirements of the rules

25  established by the board pursuant to this subsection.  The

26  council or its successor shall also consider the propriety of

27  the recommendations of the managing agency with regard to the

28  future use of the property, the protection of fragile or

29  nonrenewable resources, the potential for alternative or

30  multiple uses not recognized by the managing agency, and the

31  possibility of disposal of the property by the board. After

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  1  its review, the council or its successor shall submit the

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

  3  board. The council or its successor shall specifically

  4  recommend to the board whether to approve the plan as

  5  submitted, approve the plan with modifications, or reject the

  6  plan.

  7         (b)  The Board of Trustees of the Internal Improvement

  8  Trust Fund shall consider the land management plan submitted

  9  by each state agency and the recommendations of the council or

10  its successor and the Division of State Lands and shall

11  approve the plan with or without modification or reject such

12  plan.  The use or possession of any such lands which is not in

13  accordance with an approved land management plan is subject to

14  termination by the board.

15         (6)  The Board of Trustees of the Internal Improvement

16  Trust Fund shall determine which lands, the title to which is

17  vested in the board, may be surplused are of no benefit to the

18  public and shall dispose of such lands pursuant to law. For

19  those lands designated as acquired for conservation purposes,

20  the board shall make a determination that the lands are no

21  longer needed for conservation purposes and may dispose of

22  them by a two-thirds vote.  For all other lands, the board

23  shall make a determination that the lands are no longer needed

24  and may dispose of them by majority vote.

25         (a)  For the purposes of this subsection, all lands

26  acquired by the state prior to July 1, 1999, using proceeds

27  from the Preservation 2000 bonds, the Conservation and

28  Recreation Lands Trust Fund, or the Water Management Lands

29  Trust Fund, and titled to the board, which lands are

30  identified as core parcels or within original projects

31

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  1  boundaries, shall be deemed to have been acquired for

  2  conservation purposes.

  3         (b)  For any lands purchased by the state on or after

  4  July 1, 1999, a determination shall be made by the board as to

  5  those parcels that shall be designated as having been acquired

  6  for conservation purposes.  No lands acquired for use by the

  7  Department of Corrections, the Department of Management

  8  Services for use as state offices, the Department of

  9  Transportation, or the State University System or state

10  community college system shall be designated as having been

11  purchased for conservation purposes.

12         (c)(a)  At least every 3 5 years, in a form and manner

13  prescribed by rule by the board, each state agency shall

14  indicate to the board those lands which the agency manages

15  which are not being used for the purpose for which they were

16  originally leased. Such lands shall be reviewed by the council

17  or its successor for its recommendation as to whether such

18  lands should be disposed of by the board.

19         (d)(b)  Lands owned by the board which are not actively

20  managed by any state agency or for which a land management

21  plan has not been completed pursuant to subsection (5)(4)

22  shall be reviewed by the council or its successor for its

23  recommendation as to whether such lands should be disposed of

24  by the board.

25         (e)  Prior to any decision by the board to surplus

26  lands, the Acquisition and Restoration Commission shall review

27  and make recommendations to the board concerning the request

28  for surplusing. The commission shall determine whether the

29  request for surplusing is compatible with the resource values

30  of and management objectives for such lands.

31

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  1         (f)(c)  In reviewing lands owned by the board pursuant

  2  to paragraphs (a) and (b), the council or its successor shall

  3  consider whether such lands would be more appropriately owned

  4  or managed by the county or other unit of local government in

  5  which the land is located.  The council or its successor shall

  6  recommend to the board whether a sale, lease, or other

  7  conveyance to a local government would be in the best

  8  interests of the state and local government. The provisions of

  9  this paragraph in no way limit the provisions of ss. 253.111

10  and 253.115. Such lands shall be offered to the county or

11  local government for a period of 90 days. Permittable uses for

12  such surplus lands may include public schools, public

13  libraries, fire or law enforcement substations, and

14  governmental, judicial, or recreational centers.  County or

15  local government requests for surplus lands shall be expedited

16  throughout the surplusing process.  State agencies shall have

17  the subsequent opportunity to acquire the surplus lands for a

18  period not to exceed 30 days after the offer to a county or

19  local government expires. Surplus properties in which

20  governmental agencies have expressed no interest shall then be

21  available for sale on the private market.

22         (g)  Lands determined to be surplus pursuant to this

23  subsection shall be sold for fair market value or the price

24  paid by the state or a water management district to originally

25  acquire the lands, whichever is greater, except that the price

26  of lands sold as surplus to any unit of government shall not

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

28  district to originally acquire the lands. A unit of government

29  which acquires title to lands hereunder for less than fair

30  market value may not sell or transfer title to all or any

31

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  1  portion of the lands to any private owner for a period of 10

  2  years.

  3         (h)(d)  After reviewing the recommendations of the

  4  council or its successor, the board shall determine whether

  5  lands identified for surplus in paragraphs (a) and (b) are to

  6  be held for other public purposes or whether such lands are no

  7  longer needed of no benefit to the public.  The board may

  8  require an agency to release its interest in such lands.

  9  Lands determined to be of no benefit to the public shall be

10  disposed of pursuant to law.  Each fiscal year, up to $500,000

11  of the proceeds from the disposal of such lands shall be

12  placed in the Internal Improvement Trust Fund to be used to

13  pay the costs of any administration, appraisal, management,

14  conservation, protection, sales, or real estate sales

15  services; any such proceeds in excess of $500,000 shall be

16  placed in the Conservation and Recreation Lands Trust Fund.

17         (i)  Requests for surplusing may be made by any public

18  or private entity or person.  All requests shall be submitted

19  to the lead managing agency for review and recommendation to

20  the council or its successor.  Lead managing agencies shall

21  have 90 days to review such requests and make recommendations.

22  Any surplusing requests that have not been acted upon within

23  the 90-day time period shall be immediately scheduled for

24  hearing at the next regularly scheduled meeting of the council

25  or its successor.

26         (j)  Proceeds from any sale of surplus lands pursuant

27  to this subsection shall be deposited into the fund from which

28  such lands were acquired.

29         (k)  Notwithstanding the provisions of this subsection,

30  no such disposition of land shall be made if such disposition

31  would have the effect of causing all or any portion of the

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  1  interest on any revenue bonds issued to lose the exclusion

  2  from gross income for federal income tax purposes.

  3         (l)(e)  The sale of filled, formerly submerged land

  4  that does not exceed 5 acres in area is not subject to review

  5  by the council or its successor.

  6         (8)  Land management plans required to be submitted by

  7  the Department of Corrections or the Department of Education

  8  shall not be subject to the council review provisions for

  9  review by the council or its successor described in subsection

10  (5).  Management plans filed by these agencies shall be made

11  available to the public for a period of 90 days at the

12  administrative offices of the parcel or project affected by

13  the management plan and at the Tallahassee offices of each

14  agency. Any plans not objected to during the public comment

15  period shall be deemed approved.  Any plans for which an

16  objection is filed shall be submitted to the Board of Trustees

17  of the Internal Improvement Trust Fund for consideration. The

18  Board of Trustees of the Internal Improvement Trust Fund shall

19  approve the plan with or without modification, or reject the

20  plan.  The use or possession of any such lands which is not in

21  accordance with an approved land management plan is subject to

22  termination by the board.

23         (10)  The following additional uses of lands acquired

24  by the state pursuant to the Stewardship Florida program and

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

26  if they meet the criteria specified in paragraphs (a)-(e):

27  water resource development projects, water supply development

28  projects, stormwater management projects, linear facilities,

29  and sustainable agriculture and forestry. However, the policy

30  adopted by the board of trustees on January 23, 1996, relating

31

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  1  to linear facilities shall govern transportation uses. Such

  2  additional uses are authorized where:

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

  4  lands;

  5         (b)  Compatible with the natural ecosystem and resource

  6  values of such lands;

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

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

  9  available lands;

10         (d)  The using entity reasonably compensates the

11  titleholder for such use based upon an appropriate measure of

12  value; and

13         (e)  The use provides a significant public benefit.

14

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

16  section shall be returned to the lead managing agency in

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

18         Section 9.  Section 259.02, Florida Statutes, is

19  amended to read:

20         259.02  Authority; full faith and credit

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

22  the State Constitution and the State Bond Act s. 215.59, the

23  issuance of state bonds pledging documentary stamp taxes the

24  full faith and credit of the state in the principal amount,

25  including any refinancing, not to exceed $3 billion, on behalf

26  of and at the request of the Department of Environmental

27  Protection, to be deposited into the Stewardship Florida Trust

28  Fund for state capital projects for the acquisition of lands,

29  water areas, and related interests and resources, in urban and

30  rural settings, for the purposes of restoration, conservation,

31  recreation, water resource development, or historical

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  1  preservation, and for capital improvements to lands and water

  2  areas that accomplish environmental restoration, enhance

  3  public access and recreational enjoyment, promote long-term

  4  management goals, and facilitate water resource development is

  5  hereby authorized, subject to the provisions of s. 259.105

  6  $200 million for state capital projects for environmentally

  7  endangered lands and $40 million for state capital projects

  8  for outdoor recreation lands is hereby authorized, subject to

  9  the provisions of ss. 259.01-259.06.

10         Section 10.  Section 259.021, Florida Statutes, is

11  created to read:

12         259.021  Issuance of bonds subject to constitutional

13  authorization.--Financing or refinancing the acquisition or

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

15  areas, and related resources by public agencies under the

16  Stewardship Florida Act is a public purpose for which bonds

17  may be issued, subject to specific authorization in the State

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

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

20  to construct, improve, enlarge, and extend capital

21  improvements and facilities thereon as determined to be

22  necessary for the purposes of this chapter.  No bonds,

23  certificates, or other evidences of indebtedness shall be

24  issued for the purposes of this chapter except as specifically

25  authorized by the State Constitution.  All bonds,

26  certificates, or other evidences of indebtedness issued

27  pursuant to this chapter shall be issued at the request of the

28  Department of Environmental Protection pursuant to the State

29  Bond Act and shall be submitted to the State Board of

30  Administration for approval as to fiscal sufficiency. No

31  individual series of bonds may be issued pursuant to this

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

  2  specifically appropriated in the General Appropriations Act.

  3         Section 11.  Section 259.03, Florida Statutes, is

  4  amended to read:

  5         259.03  Definitions.--The following terms and phrases

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

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

  8  context clearly indicates a different meaning:

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

10  pursuant to s. 259.035.

11         (2)  "State capital projects for environmentally

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

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

14  have as its purpose the conservation and protection of

15  environmentally unique and irreplaceable lands as valued

16  ecological resources of this state.

17         (3)  "State capital project for outdoor recreation

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

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

20  purposes set out in chapter 375.

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

22  Board of Trustees of the Internal Improvement Trust Fund.

23         (3)  "Capital improvement" means those activities

24  relating to the acquisition, restoration, public access, and

25  recreational uses of such lands, water areas, and related

26  resources deemed necessary to accomplish the purposes of this

27  chapter. Eligible activities include, but are not limited to:

28  the initial removal of invasive plants; the construction,

29  improvement, enlargement or extension of facilities' signs,

30  firelanes, access roads, and trails; or any other activities

31  that serve to restore, conserve, protect, or provide public

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  1  access, recreational opportunities, or necessary services for

  2  land or water areas. Such activities shall be identified prior

  3  to the acquisition of a parcel or the approval of a project.

  4  The continued expenditures necessary for a capital improvement

  5  approved under this subsection shall not be eligible for

  6  funding provided in this chapter.

  7         (4)  "Department" means the Department of Environmental

  8  Protection.

  9         (5)  "Division" means the Division of Bond Finance of

10  the State Board of Administration.

11         (6)  "Water resource development project" means a

12  project eligible for funding pursuant to s. 259.105 that

13  increases the amount of water available to meet the needs of

14  natural systems and the citizens of the state by enhancing or

15  restoring aquifer recharge, facilitating the capture and

16  storage of excess flows in surface waters, or promoting reuse.

17  The implementation of eligible projects under s. 259.105

18  includes land acquisition, land and water body restoration,

19  aquifer storage and recovery facilities, surface water

20  reservoirs, and other capital improvements.  The term does not

21  include construction of treatment, transmission, or

22  distribution facilities.

23         Section 12.  Subsections (1), (2), (3), (7), (8), (9),

24  (10), (11), (12), and (16) of section 259.032, Florida

25  Statutes, is amended to read:

26         259.032  Conservation and Recreation Lands Trust Fund;

27  purpose.--

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

29  this state shall be assured public ownership of natural areas

30  for purposes of maintaining this state's unique natural

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

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  1  water resource development to meet the needs of natural

  2  systems and citizens of this state; promoting restoration and

  3  reclamation activities on public lands; and providing lands

  4  for natural resource based recreation. In recognition of this

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

  6  public lands for the people residing in urban and metropolitan

  7  areas of the state, as well as those residing in less

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

  9  Legislature, with regard to the lands described in paragraph

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

11  such lands in or near counties exhibiting the greatest

12  concentration of population and, with regard to the lands

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

14  acquiring lands or rights or interests in lands within any

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

16  380.05 which, in the judgment of the advisory council

17  established pursuant to s. 259.035, or its successor, cannot

18  be adequately protected by application of land development

19  regulations adopted pursuant to s. 380.05. Finally, it is the

20  Legislature's intent that lands acquired through this program

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

22  protect or restore their natural resource values, and provide

23  the greatest benefit, including public access, to the citizens

24  of this state.

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

26  Fund is established within the Department of Environmental

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

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

29  shall be credited with proceeds from the following excise

30  taxes:

31

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

  2  201.15; and

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

  4  as provided in s. 211.3103.

  5

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

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

  8         (b)  There shall annually be transferred from the

  9  Conservation and Recreation Lands Trust Fund to the Land

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

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

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

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

14  acquire lands on the established priority list developed

15  pursuant to this section as determined by the advisory council

16  pursuant to s. 259.035; however, no moneys transferred to the

17  Land Acquisition Trust Fund pursuant to this paragraph, or

18  earnings thereon, shall be used or made available to pay debt

19  service on the Save Our Coast revenue bonds. Amounts

20  transferred annually from the Conservation and Recreation

21  Lands Trust Fund to the Land Acquisition Trust Fund pursuant

22  to this paragraph shall have the highest priority over other

23  payments or transfers from the Conservation and Recreation

24  Lands Trust Fund, and no other payments or transfers shall be

25  made from the Conservation and Recreation Lands Trust Fund

26  until such transfers to the Land Acquisition Trust Fund have

27  been made. Effective July 1, 2001, moneys in the Conservation

28  and Recreation Lands Trust Fund also shall be used to manage

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

30  pursuant to the provisions of this section.

31

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

  2  Trustees of the Internal Improvement Trust Fund, may allocate

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

  4  lesser interest in lands for the following public purposes:

  5         (a)  To conserve and protect environmentally unique and

  6  irreplaceable lands that contain native, relatively unaltered

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

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

  9  area;

10         (b)  To conserve and protect lands within designated

11  areas of critical state concern, if the proposed acquisition

12  relates to the natural resource protection purposes of the

13  designation;

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

15  endangered or threatened species, emphasizing long-term

16  protection for endangered or threatened species designated G-1

17  or G-2 by the Florida Natural Areas Inventory, and especially

18  those areas that are special locations for breeding and

19  reproduction;

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

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

22  conservation of such lands is necessary to enhance or protect

23  significant surface water, groundwater, coastal, recreational,

24  timber, or fish or wildlife resources which cannot otherwise

25  be accomplished through local and state regulatory programs;

26         (e)  To promote water resource development that

27  benefits natural systems and citizens of the state;

28         (f)  To facilitate the restoration and subsequent

29  health and vitality of the Florida Everglades;

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

31  trails, for natural resource based recreation and other

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  1  outdoor recreation on any part of any site compatible with

  2  conservation purposes;

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

  4  historic sites; or

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

  6  greenways or outdoor recreation which are compatible with

  7  conservation purposes.

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

  9  necessary to accomplish the purposes of this section. The lead

10  land managing agencies designated by the board of trustees

11  also are directed by the Legislature to enter into contracts

12  or interagency agreements with other governmental entities,

13  including local soil and water conservation districts, or

14  private land managers who have the expertise to perform

15  specific management activities which a lead agency lacks, or

16  which would cost more to provide in-house.  Such activities

17  shall include, but not be limited to, controlled burning, road

18  and ditch maintenance, mowing, and wildlife assessments.

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

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

21  and related rules and shall be acquired in accordance with

22  acquisition procedures for state lands provided for in s.

23  259.041, except as otherwise provided by the Legislature. An

24  inholding or an addition to a project selected for purchase

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

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

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

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

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

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

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

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

  2  costs related to acquisition expenses for lands to be

  3  acquired, donated, or exchanged which qualify under the

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

  5  When the Legislature has authorized the Department of

  6  Environmental Protection to condemn a specific parcel of land

  7  and such parcel has already been approved for acquisition

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

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

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

11  including a reasonable attorney's fee, associated with

12  condemnation.

13         (9)(a)  All lands managed under this chapter and s.

14  253.034 section shall be:

15         (a)1.  Managed in a manner that will provide the

16  greatest combination of benefits to the public and to the

17  resources.

18         (b)2.  Managed for public outdoor recreation which is

19  compatible with the conservation and protection of public

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

21  following public recreational uses:  fishing, hunting,

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

23  canoeing, horseback riding, diving, model hobbyist activities,

24  birding, sailing, jogging, and other related outdoor

25  activities compatible with the purposes for which the lands

26  were acquired.

27         (c)3.  Managed for the purposes for which the lands

28  were acquired, consistent with paragraph (11)(a).

29

30  Management may include the following public uses: fishing,

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

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

  2  jogging, and other related outdoor activities.

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

  4  Conservation and Recreation Recreational Lands list of

  5  acquisition projects pursuant to s. 259.035, the board of

  6  trustees shall adopt a management prospectus for each project.

  7  The management prospectus shall delineate:

  8         1.  The management goals for the property;

  9         2.  The conditions that will affect the intensity of

10  management;

11         3.  An estimate of the revenue-generating potential of

12  the property, if appropriate;

13         4.  A timetable for implementing the various stages of

14  management and for providing access to the public, if

15  applicable;

16         5.  A description of potential multiple-use activities

17  as described in this section and s. 253.034;

18         6.  Provisions for protecting existing infrastructure

19  and for ensuring the security of the project upon acquisition;

20         7.  The anticipated costs of management and projected

21  sources of revenue, including legislative appropriations, to

22  fund management needs; and

23         8.  Recommendations as to how many employees will be

24  needed to manage the property,; and recommendations as to

25  whether local governments, volunteer groups, the former

26  landowner, or other interested parties can be involved in the

27  management.

28         (e)2.  Concurrent with the approval of the acquisition

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

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

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

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  1  appropriate, the management policy statement for the project

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

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

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

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

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

  7  Board of Trustees of the Internal Improvement Trust Fund shall

  8  first consider having a soil and water conservation district,

  9  created pursuant to chapter 582, manage and monitor such

10  interests.

11         (f)3.  State agencies designated to manage lands

12  acquired under this chapter may contract with local

13  governments and soil and water conservation districts to

14  assist in management activities, including the responsibility

15  of being the lead land manager.  Such land management

16  contracts may include a provision for the transfer of

17  management funding to the local government or soil and water

18  conservation district from the Conservation and Recreation

19  Lands Trust Fund in an amount adequate for the local

20  government or soil and water conservation district to perform

21  its contractual land management responsibilities and

22  proportionate to its responsibilities, and which otherwise

23  would have been expended by the state agency to manage the

24  property.

25         (g)4.  Immediately following the acquisition of any

26  interest in lands under this chapter, the Department of

27  Environmental Protection, acting on behalf of the board of

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

29  assignment letter to be effective until the execution of a

30  formal lease.

31

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

  2  agencies or private entities designated to manage lands under

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

  4  board of trustees, an individual management plan for each

  5  project designed to conserve and protect such lands and their

  6  associated natural resources. Private sector involvement in

  7  management plan development may be used to expedite the

  8  planning process.

  9         (b)  Beginning fiscal year 1998-1999, Individual

10  management plans required by s. 253.034(5)(4), for parcels

11  over 160 acres, shall be developed with input from an advisory

12  group.  Members of this advisory group shall include, at a

13  minimum, representatives of the lead land managing agency,

14  comanaging entities, local private property owners, the

15  appropriate soil and water conservation district, a local

16  conservation organization, and a local elected official.  The

17  advisory group shall conduct at least one public hearing

18  within the county in which the parcel or project is located.

19  Notice of such public hearing shall be posted on the parcel or

20  project designated for management, advertised in a paper of

21  general circulation, and announced at a scheduled meeting of

22  the local governing body before the actual public hearing.

23  The management prospectus required pursuant to paragraph

24  (9)(d)(b) shall be available to the public for a period of 30

25  days prior to the public hearing.

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

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

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

29  updates, for parcels over 160 acres, shall be developed with

30  input from an advisory group. Such plans may include transfers

31  of leasehold interests to appropriate conservation

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  1  organizations or governmental entities designated by the Land

  2  Acquisition and Management Advisory Council or its successor,

  3  for uses consistent with the purposes of the organizations and

  4  the protection, preservation, conservation, restoration, and

  5  proper management of the lands and their resources. Volunteer

  6  management assistance is encouraged, including, but not

  7  limited to, assistance by youths participating in programs

  8  sponsored by state or local agencies, by volunteers sponsored

  9  by environmental or civic organizations, and by individuals

10  participating in programs for committed delinquents and

11  adults.

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

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

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

15  parcel or parcels identified in the annual Conservation and

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

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

18  Department of Environmental Protection shall distribute only

19  75 percent of the acquisition funds to which a budget entity

20  or water management district would otherwise be entitled from

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

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

23  management plans overdue.

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

25  the appropriate policies and guidelines of the state land

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

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

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

29  and the statutory authority for such use or uses.

30         2.  Key management activities necessary to preserve and

31  protect natural resources and restore habitat, and for

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  1  controlling the spread of nonnative plants and animals, and

  2  for prescribed fire and other appropriate resource management

  3  activities.

  4         3.  A specific description of how the managing agency

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

  6  use fragile, nonrenewable natural and cultural resources.

  7         4.  A priority schedule for conducting management

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

  9  acquired.

10         5.  A cost estimate for conducting priority management

11  activities, to include recommendations for cost-effective

12  methods of accomplishing those activities.

13         6.  A cost estimate for conducting other management

14  activities which would enhance the natural resource value or

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

16  cost estimate shall include recommendations for cost-effective

17  methods of accomplishing those activities.

18         7.  A determination of the public uses and public

19  access that would be consistent with the purposes for which

20  the lands were acquired.

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

22  of each individual management plan for parcels which exceed

23  160 acres in size to each member of the Land Acquisition and

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

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

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

27  the requirements of this subsection and with the requirements

28  of the rules established by the board pursuant to this

29  subsection.

30

31

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  1         2.  The council shall also Consider the propriety of

  2  the recommendations of the managing agency with regard to the

  3  future use or protection of the property.

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

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

  6  board of trustees, with recommendations as to. The council

  7  shall specifically recommend to the board of trustees whether

  8  to approve the plan as submitted, approve the plan with

  9  modifications, or reject the plan.

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

11  individual management plan submitted by each state agency and

12  the recommendations of the Land Acquisition and Management

13  Advisory Council, or its successor, and the Division of State

14  Lands and shall approve the plan with or without modification

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

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

17  approved individual management plan is subject to termination

18  by the board of trustees.

19

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

21  the water management districts, and each private entity

22  designated to manage lands shall report to the Secretary of

23  Environmental Protection on the progress of funding, staffing,

24  and resource management of every project for which the agency

25  or entity is responsible.

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

27  lands pursuant to this chapter serves the public interest by

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

29  the public health and welfare, providing areas for natural

30  resource based recreation, and ensuring the survival of unique

31  and irreplaceable plant and animal species.  The Legislature

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

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

  3  have access to and use of these lands where it is consistent

  4  with acquisition purposes and would not harm the resources the

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

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

  7  total of funds ever deposited into the Florida Preservation

  8  2000 Trust Fund and the Stewardship Florida Trust Fund shall

  9  be made available for the purposes of management, maintenance,

10  and capital improvements not eligible for funding pursuant to

11  s. 11(e), Art. VII of the State Constitution, and for

12  associated contractual services, for lands acquired pursuant

13  to this section, and s. 259.101, s. 259.105, or previous

14  programs for the acquisition of lands for conservation and

15  recreation, including state forests, to which title is vested

16  in the board of trustees. Each agency with management

17  responsibilities shall annually request from the Legislature

18  funds sufficient to fulfill such responsibilities.  Capital

19  improvements shall include, but need not be limited to,

20  perimeter fencing, signs, firelanes, access roads and trails,

21  and minimal public accommodations, such as primitive

22  campsites, garbage receptacles, and toilets.

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

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

25  chapter and for associated contractual services, the managing

26  agencies shall recognize the following categories of land

27  management needs:

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

29  resource management and protection, such as state reserves,

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

31

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

  2  than minimum facilities development.

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

  4  more than basic resource management and protection, such as

  5  state parks and state recreation areas.  These lands generally

  6  have extra restoration or protection needs, higher

  7  concentrations of public use, or more highly developed

  8  facilities.

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

10  needs requiring unique site-specific resource management and

11  protection. These lands generally are sites with historic

12  significance, unique natural features, or very high intensity

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

14  protect resources, such as lands with heavy infestations of

15  nonnative, invasive plants.

16

17  In evaluating the management funding needs of lands based on

18  the above categories, the lead land managing agencies shall

19  include in their considerations the impacts of, and needs

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

21         (d)  All revenues generated through multiple-use

22  management or compatible secondary-use management shall be

23  returned to the lead agency responsible for such management

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

25  conservation, preservation, and recreation lands under the

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

27  segregated in an agency trust fund and shall remain available

28  to the agency in subsequent fiscal years to support land

29  management appropriations. For the purposes of this paragraph,

30  compatible secondary-use management shall be those activities

31

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  1  described in subsection (9) undertaken on parcels designated

  2  as single use pursuant to s. 253.034(2)(b).

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

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

  5  interim management of acquisitions and for associated

  6  contractual services, to ensure the conservation and

  7  protection of natural resources on project sites and to allow

  8  limited public recreational use of lands.  Interim management

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

10  assessments, control of invasive, nonnative exotic species,

11  habitat restoration, fencing, law enforcement, controlled

12  burning, and public access consistent with preliminary

13  determinations made pursuant to paragraph (9)(g)(b).  The

14  board of trustees shall make these interim funds available

15  immediately upon purchase.

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

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

18  invasive plant species on public lands.  Such goals shall

19  differentiate between aquatic plant species and upland plant

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

21  order of adverse impact, species that which impede or destroy

22  the functioning of natural systems. Notwithstanding paragraph

23  (a), up to one-fourth of the funds provided for in paragraph

24  (b) may shall be used by the agencies receiving those funds

25  reserved for control and removal of nonnative, upland,

26  invasive species on public lands.

27         (12)(a)  Beginning July 1, 1999 in fiscal year

28  1994-1995, not more than 3.75 percent of the Conservation and

29  Recreation Lands Trust Fund shall be made available annually

30  to the department for payment in lieu of taxes to qualifying

31  counties, cities, and local governments as defined in

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  1  paragraph (b) for all actual tax losses incurred as a result

  2  of board of trustees acquisitions for state agencies under the

  3  Stewardship Florida program or the Florida Preservation 2000

  4  program during any year. Reserved funds not used for payments

  5  in lieu of taxes in any year shall revert to the fund to be

  6  used for land acquisition in accordance with the provisions of

  7  this section.

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

  9         1.  To all counties that have a population of 100,000

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

11  11.031. To counties which levy an ad valorem tax of at least

12  8.25 mills or the amount of the tax loss from all completed

13  Preservation 2000 acquisitions in the county exceeds 0.01

14  percent of the county's total taxable value, and have a

15  population of 75,000 or less.

16         2.  To all local governments located in eligible

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

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

19  concern designated pursuant to chapter 380 and to local

20  governments within such counties.

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

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

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

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

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

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

27

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

29  includes municipalities, the county school board, mosquito

30  control districts, and any other local government entity which

31

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

  2  management district.

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

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

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

  6  tax loss from all completed Preservation 2000 acquisitions in

  7  the city exceeds 0.01 percent of the city's total taxable

  8  value.

  9         (c)(d)  If insufficient funds are available in any year

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

11  local governments, such counties, cities, and local

12  governments shall receive a pro rata share of the moneys

13  available.

14         (d)(e)  The payment amount shall be based on the

15  average amount of actual taxes paid on the property for the 3

16  years preceding acquisition. Applications for payment in lieu

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

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

19  made for properties which were exempt from ad valorem taxation

20  for the year immediately preceding acquisition.  If property

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

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

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

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

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

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

27  Revenue those properties that may be eligible under this

28  provision. Once eligibility has been established, that county

29  or local government shall receive 10 consecutive annual

30  payments, and no further eligibility determination shall be

31  made during that period. Payment in lieu of taxes shall be

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  1  limited to a total of 10 consecutive years of annual payments,

  2  beginning the year a local government becomes eligible.

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

  4  subsection paragraph shall be made annually to qualifying

  5  counties, cities, and local governments after certification by

  6  the Department of Revenue that the amounts applied for are

  7  reasonably appropriate, based on the amount of actual taxes

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

  9  Environmental Protection has provided supporting documents to

10  the Comptroller and has requested that payment be made in

11  accordance with the requirements of this section.

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

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

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

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

16

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

18  includes municipalities, the county school board, mosquito

19  control districts, and any other local government entity which

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

21  management district.

22         (16)  Within 90 180 days after receiving a certified

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

24  Recreation Lands list or the priority list established

25  pursuant to s. 259.105 objecting to the property being

26  included in an acquisition project, where such property is a

27  project or part of a project which has not been listed for

28  purchase in the current year's land acquisition work plan, the

29  board of trustees shall delete the property from the list or

30  from the boundary of an acquisition project on the list.

31

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  1         Section 13.  Section 259.034, Florida Statutes, is

  2  created to read:

  3         259.034  Acquisition and Restoration Commission.--

  4         (1)  There is created, effective September 1, 1999,

  5  within the Board of Trustees of the Internal Improvement Trust

  6  Fund, the Acquisition and Restoration Commission.

  7         (a)  The commission shall be composed of nine voting

  8  members, three of whom shall be appointed by the Governor,

  9  with the concurrence of the board of trustees.  These three

10  appointees shall consist of the following:  one person from a

11  land-based scientific field; one person from a water-based

12  scientific field; and one person from an environmental

13  science.  The members appointed by the Governor shall serve

14  4-year terms, except that, initially, to provide for staggered

15  terms, two of the appointees shall serve 2-year terms.  All

16  subsequent appointments shall be for 4-year terms.  No

17  appointee shall serve more than 6 years.  The Governor may at

18  any time fill a vacancy for the unexpired term of a member

19  appointed under this paragraph.

20         (b)  The six remaining voting members of the commission

21  shall be as follows:

22         1.  One person selected by the water management

23  districts, who shall represent the five districts and shall be

24  reappointed on an annual basis.

25         2.  The Secretary of Environmental Protection or a

26  designee.

27         3.  The director of the Division of Forestry of the

28  Department of Agriculture and Consumer Services or a designee.

29         4.  The executive director of the Fish and Wildlife

30  Conservation Commission or a designee.

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  1         5.  The director of the Division of Historical

  2  Resources of the Department of State or a designee.

  3         6.  The Secretary of Community Affairs or a designee.

  4         (c)  Additionally, the President of the Senate and the

  5  Speaker of the House of Representatives shall each appoint one

  6  ad hoc, nonvoting member of the commission from their

  7  respective chambers.  Such members shall be selected from

  8  among the members of a standing committee that has

  9  jurisdictional responsibility for the Department of

10  Environmental Protection.  These members shall serve for the

11  duration of the term of the appointing legislative officer.

12         (d)  No person who is or has been a lobbyist as defined

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

14  nomination to the commission, for any entity whose interests

15  could be affected by actions or decisions of the commission,

16  shall be appointed to the commission.  This prohibition shall

17  not apply to the appointees representing state agencies or

18  water management districts or to the ad hoc, nonvoting members

19  of the commission.

20         (2)  The Governor shall appoint the chair of the

21  commission, and a vice chair shall be elected from among the

22  voting members.

23         (3)  The three members of the commission appointed by

24  the Governor shall receive $75 per day while engaged in the

25  business of the commission, as well as expenses and per diem

26  for travel, including attendance at meetings, as allowed state

27  officers and employees while in the performance of their

28  duties, pursuant to s. 112.061.

29         (4)  Immediately upon appointment, the commission may

30  employ an executive director, who shall be selected by the

31  voting members of the commission and confirmed by the board of

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  1  trustees.  The commission may also employ other staff as

  2  necessary to the performance of its duties.

  3         (5)  The commission is authorized to adopt rules to

  4  provide for the organizational structure, selection, and

  5  employment of an executive director and staff, and

  6  administrative functions related to its operational needs.

  7         (6)  The commission shall develop a budget pursuant to

  8  chapter 216.  The budget shall be transmitted to the board of

  9  trustees as head of the commission, for submission to the

10  Governor in the exercise of the Governor's constitutional

11  duties.

12         (7)  The commission shall provide assistance to the

13  board of trustees in reviewing the recommendations and plans

14  for state-owned lands required under s. 253.034. The

15  commission shall, in reviewing such recommendations and plans,

16  consider the optimization of multiple-use and conservation

17  strategies to accomplish the provisions of s. 253.034.

18  However, no multiple-use activity shall be allowed if such use

19  would cause all or any portion of the interest on any bonds

20  issued to finance the Stewardship Florida program to lose the

21  exclusion from gross income for federal income tax purposes.

22         (8)  Additionally, on July 1, 2000, the duties, powers,

23  and responsibilities of the Land Acquisition and Management

24  Advisory Council established pursuant to s. 259.035 shall be

25  assumed by the commission, and the provisions of law

26  authorizing the advisory council shall be repealed.

27         Section 14.  Paragraph (a) of subsection (2) of section

28  259.035, Florida Statutes, 1998 Supplement, is amended to

29  read:

30         259.035  Advisory council; powers and duties.--

31

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  1         (2)(a)  The council shall, by the time of the first

  2  board meeting in February of each year, establish or update a

  3  list of acquisition projects selected for purchase pursuant to

  4  this chapter.  In scoring potential projects for inclusion on

  5  the acquisition list, the council shall give greater

  6  consideration to projects that can serve as corridors between

  7  lands already in public ownership or under management for

  8  conservation and recreational purposes.  Acquisition projects

  9  shall be ranked, in order of priority, individually as a

10  single group or individually within up to 10 separate groups.

11  The council shall submit to the board of trustees, together

12  with its list of acquisition projects, a Conservation and

13  Recreation Lands report. For each project on an acquisition

14  list, the council shall include in its report the stated

15  purpose for acquiring the project, an identification of the

16  essential parcel or parcels within the project without which

17  the project cannot be properly managed, an identification of

18  those projects or parcels within projects which should be

19  acquired in fee simple or in other than fee simple, an

20  explanation of the reasons why the council selected a

21  particular acquisition technique, a management policy

22  statement for the project, a management prospectus pursuant to

23  s. 259.032(9)(d)(b), an estimate of land value based on county

24  tax assessed values, a map delineating project boundaries, a

25  brief description of the important natural and cultural

26  resources to be protected, preacquisition planning and

27  budgeting, coordination with other public and nonprofit

28  public-lands acquisition programs, a preliminary statement of

29  the extent and nature of public use, an interim management

30  budget, and designation of a management agency or agencies.

31  The Department of Environmental Protection shall prepare the

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  1  information required by this section for each acquisition

  2  project selected for purchase pursuant to this chapter. In

  3  addition, the department shall prepare, by July 1 of each

  4  year, an acquisition work plan for each project on the

  5  acquisition list for which funds will be available for

  6  acquisition during the fiscal year. The work plan need not

  7  disclose any information that is required by this chapter or

  8  chapter 253 to remain confidential.

  9         Section 15.  Subsection (2) of section 259.036, Florida

10  Statutes, is amended to read:

11         259.036  Management review teams.--

12         (2)  The land management review team shall review

13  select parcels of managed land prior to the date the managing

14  agency is required to submit its 5-year land management plan

15  update.  A copy of the review shall be provided to the

16  managing agency, the Division of State Lands, and the Land

17  Acquisition and Management Advisory Council or its successor.

18  The managing agency shall consider the findings and

19  recommendations of the land management review team in

20  finalizing the required 5-year update of its management plan.

21         Section 16.  Subsection (1) of section 259.04, Florida

22  Statutes, is amended to read:

23         259.04  Board; powers and duties.--

24         (1)  For state capital projects and acquisitions

25  selected for purchase pursuant to ss. 259.034, 259.035, and

26  259.101, and 259.105:

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

28  and power to develop and execute a comprehensive, statewide

29  5-year plan to conserve, restore, and protect environmentally

30  endangered lands, ecosystems, lands necessary for outdoor

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

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  1  259.032, and 259.101, and 259.105. This plan shall be kept

  2  current through continual reevaluation and revision.  The

  3  advisory council or its successor shall assist the board in

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

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

  6  government of the United States or any agency or

  7  instrumentality thereof; the state or any county,

  8  municipality, district authority, or political subdivision; or

  9  any private corporation, partnership, association, or person

10  providing for or relating to the conservation or protection of

11  certain lands in accomplishing the purposes of this chapter

12  ss. 259.01-259.06.

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

14  successor submits the lists of either list of acquisition

15  projects to the board, the board shall approve, in whole or in

16  part, the lists of list of acquisition projects in the order

17  of priority in which such projects are presented.  To the

18  greatest extent practicable, projects on the lists list shall

19  be acquired in their approved order of priority.

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

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

22  interest of lands, water areas, and related resources

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

24  environmentally endangered lands.

25         (2)  For state capital projects for outdoor recreation

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

27  apply.

28         Section 17.  Subsections (1) and (3), paragraph (e) of

29  subsection (7), and present subsection (14) of section

30  259.041, Florida Statutes, 1998 Supplement, are amended,

31  subsections (11) through (18) are renumbered as subsections

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  1  (12) through (19), respectively, and a new subsection (11) is

  2  added to said section, to read:

  3         259.041  Acquisition of state-owned lands for

  4  preservation, conservation, and recreation purposes.--

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

  6  Improvement Trust Fund nor its duly authorized agent shall

  7  commit the state, through any instrument of negotiated

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

  9  with or without appurtenances unless the provisions of this

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

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

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

13  notwithstanding chapter 120, may waive any rules adopted

14  pursuant to this section, except rules adopted pursuant to

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

16  other reasonably prudent procedures, provided the public's

17  interest is reasonably protected. The title to lands acquired

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

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

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

21  trustees pursuant to this section, shall be administered

22  pursuant to the provisions of s. 253.03.

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

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

25  375, title to which will vest in the board of trustees, may

26  bind the state unless and until the agreement has been

27  reviewed and approved by the Department of Environmental

28  Protection as complying with the requirements of this section

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

30  review and approval of agreements for acquisitions for Florida

31  Greenways and Trails Program properties pursuant to chapter

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  1  260 may be waived by the department in any contract with

  2  nonprofit corporations who have agreed to assist the

  3  department with this program.  Where any of the following

  4  conditions exist, the agreement shall be submitted to and

  5  approved by the board of trustees:

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

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

  8  trustees;

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

10  acquiring agency exceeds $1 million;

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

12  project; or

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

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

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

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

17  significantly affect its management.

18

19  Where approval of the board of trustees is required pursuant

20  to this subsection, the acquiring agency must provide a

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

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

23  trustees also is required for projects the department

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

25  (15) (14). Review and approval of agreements for acquisitions

26  for Florida Greenways and Trails Program properties pursuant

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

28  with nonprofit corporations that have agreed to assist the

29  department with this program.

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

31  when applicable, the Department of Environmental Protection,

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

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

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

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

  5  shall be required as follows:

  6         (e)  Generally, appraisal reports are confidential and

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

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

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

10  before a contract or agreement for purchase is considered for

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

12  the authority, at its discretion, to disclose appraisal

13  reports to private landowners during negotiations for

14  acquisitions using alternatives to fee simple techniques, if

15  the department determines that disclosure of such reports will

16  bring the proposed acquisition to closure. The Division of

17  State Lands may also disclose appraisal information to public

18  agencies or nonprofit organizations that agree to maintain the

19  confidentiality of the reports or information when joint

20  acquisition of property is contemplated, or when a public

21  agency or nonprofit organization enters into a written

22  multiparty agreement with the division to purchase and hold

23  property for subsequent resale to the division. The division

24  shall also require each nonprofit organization or private land

25  trust which has entered into a written multiparty agreement

26  with the division to acquire lands to disclose the total

27  direct, indirect, and overhead costs incurred, income earned,

28  and participation in third-party agreements with brokers,

29  attorneys, title insurers, appraisers, surveyors, and other

30  providers of services associated with specific purchases

31  included in the multiparty agreement. In addition, the

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  1  division may use, as its own, appraisals obtained by a public

  2  agency or nonprofit organization, provided the appraiser is

  3  selected from the division's list of appraisers and the

  4  appraisal is reviewed and approved by the division. For the

  5  purposes of this chapter, "nonprofit organization" means an

  6  organization whose purposes include purpose is the

  7  preservation of natural resources, and which is exempt from

  8  federal income tax under s. 501(c)(3) of the Internal Revenue

  9  Code. The agency may release an appraisal report when the

10  passage of time has rendered the conclusions of value in the

11  report invalid or when the acquiring agency has terminated

12  negotiations.

13

14  Notwithstanding the provisions of this subsection, on behalf

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

16  purchase under this chapter, the Secretary of Environmental

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

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

19  option contract shall state that the final purchase price is

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

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

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

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

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

25  is greater.

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

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

28  open space suitable for recreational use, the state must

29  develop creative techniques to maximize the use of acquisition

30  and management funds.  The Legislature also finds that the

31  state's conservation and recreational land acquisition

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  1  agencies should be encouraged to augment their traditional,

  2  fee simple acquisition programs with the use of alternatives

  3  to fee simple acquisition techniques.  Additionally, the

  4  Legislature finds that generations of private landowners have

  5  been good stewards of their land, protecting or restoring

  6  native habitats and ecosystems to the benefit of the natural

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

  8  Legislature also finds that using alternatives to fee simple

  9  acquisition by public land acquisition agencies will achieve

10  the following public policy goals:

11         1.  Allow more lands to be brought under public

12  protection for preservation, conservation, and recreational

13  purposes with less expenditure of public funds.

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

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

16         3.  Reduce long-term management costs by allowing

17  private property owners to continue acting as stewards of

18  their land, where appropriate.

19

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

21  land acquisition agencies develop programs to pursue

22  alternatives to fee simple acquisition and to educate private

23  landowners about such alternatives and the benefits of such

24  alternatives.  It is also the intent of the Legislature that a

25  portion of the shares of Preservation 2000 and Stewardship

26  Florida bond proceeds be used to purchase eligible properties

27  using alternatives to fee simple acquisition.

28         (b)  All project applications shall identify, within

29  their acquisition plans, those projects which require a full

30  fee simple interest to achieve the public policy goals,

31  together with the reasons full title is determined to be

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  1  necessary. The state agencies and the water management

  2  districts may use alternatives to fee simple acquisition to

  3  bring the remaining projects in their acquisition plans under

  4  public protection.  For the purposes of this subsection, the

  5  term "alternatives to fee simple acquisition" includes, but is

  6  not limited to:  purchase of development rights; obtaining

  7  conservation easements; obtaining flowage easements; purchase

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

  9  of agricultural interests or silvicultural interests; entering

10  into land protection agreements as defined in s. 380.0677(5);

11  fee simple acquisitions with reservations; creating life

12  estates; or any other acquisition technique which achieves the

13  public policy goals listed in paragraph (a). It is presumed

14  that a private landowner retains the full range of uses for

15  all the rights or interests in the landowner's land which are

16  not specifically acquired by the public agency.

17         (c)  When developing the acquisition plan pursuant to

18  s. 259.105 the commission may give preference to those less

19  than fee simple acquisitions that provide any public access.

20  However, the Legislature recognizes that public access is not

21  always appropriate for certain less than fee simple

22  acquisitions; therefore no proposed less than fee simple

23  acquisition shall be rejected simply because public access

24  would be limited.

25         (d)  Beginning in fiscal year 1999-2000, the department

26  and each water management district shall implement initiatives

27  to use alternatives to fee simple acquisition and to educate

28  private landowners about such alternatives.  The department

29  and the water management districts may enter into joint

30  acquisition agreements to jointly fund the purchase of lands

31  using alternatives to fee simple techniques.

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  1         (e)  The Legislature finds that the lack of direct

  2  sales comparison information has served as an impediment to

  3  successful implementation of alternatives to fee simple

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

  5  absence of direct comparable sales information, appraisals of

  6  alternatives to fee simple acquisitions be based on the

  7  difference between the full fee simple valuation and the value

  8  of the interests remaining with the seller after acquisition.

  9         (f)  The public agency which has been assigned

10  management responsibility shall inspect and monitor any less

11  than fee simple interest according to the terms of the

12  purchase agreement relating to such interest.

13         (15)(14)  The board of trustees, by an affirmative vote

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

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

16  allocated to the department pursuant to ss. s. 259.101(3)(a)

17  and 259.105  for the acquisition of lands that:

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

19  Government as part of the Resolution Trust Corporation sale of

20  lands from failed savings and loan associations;

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

22  Government as part of the Federal Deposit Insurance

23  Corporation sale of lands from failed banks; or

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

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

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

27  within which the land is listed for acquisition.

28

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

30  modify all procedures required for land acquisition pursuant

31  to this chapter and all competitive bid procedures required

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

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

  3  the acquisition lists established pursuant to this chapter, or

  4  be essential for water resource development, protection, or

  5  restoration, or a significant portion of the lands must

  6  contain natural communities or plant or animal species which

  7  are listed by the Florida Natural Areas Inventory as

  8  critically imperiled, imperiled, or rare, or as excellent

  9  quality occurrences of natural communities.

10         Section 18.  Paragraphs (a) and (b) of subsection (6)

11  and paragraph (f) of subsection (9) of section 259.101,

12  Florida Statutes, 1998 Supplement, are amended to read:

13         259.101  Florida Preservation 2000 Act.--

14         (6)  DISPOSITION OF LANDS.--

15         (a)  Any lands acquired pursuant to paragraph (3)(a),

16  paragraph (3)(c), paragraph (3)(d), paragraph (3)(e),

17  paragraph (3)(f), or paragraph (3)(g), if title to such lands

18  is vested in the Board of Trustees of the Internal Improvement

19  Trust Fund, may be disposed of by the Board of Trustees of the

20  Internal Improvement Trust Fund in accordance with the

21  provisions and procedures set forth in s. 253.034(6)(5), and

22  lands acquired pursuant to paragraph (3)(b) may be disposed of

23  by the owning water management district in accordance with the

24  procedures and provisions set forth in ss. 373.056 and 373.089

25  provided such disposition also shall satisfy the requirements

26  of paragraphs (b) and (c).

27         (b)  Before land may be surplused can be determined to

28  be of no further benefit to the public as required by s.

29  253.034(6)(5), or determined to be no longer required for its

30  purposes under s. 373.056(4), whichever may be applicable,

31  there shall first be a determination by the Board of Trustees

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  1  of the Internal Improvement Trust Fund, or, in the case of

  2  water management district lands, by the owning water

  3  management district, that such land no longer needs to be

  4  preserved in furtherance of the intent of the Florida

  5  Preservation 2000 Act. Any lands eligible to be disposed of

  6  under this procedure also may be used to acquire other lands

  7  through an exchange of lands, provided such lands obtained in

  8  an exchange are described in the same paragraph of subsection

  9  (3) as the lands disposed.

10         (9)

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

12  fiscal year 1999-2000, that portion of the unencumbered

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

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

15  Preservation 2000 account for more than two fiscal years shall

16  be redistributed equally to the Department of Environmental

17  Protection, Division of State Lands P2000 sub account for the

18  purchase of State Lands as described in s. 259.032 and Water

19  Management District P2000 sub account for the purchase of

20  Water Management Lands pursuant to ss. 373.456, 373.4592 and

21  373.59. For the purposes of this subsection, the term

22  "unencumbered balances" means the portion of Preservation 2000

23  bond proceeds which is not obligated through the signing of a

24  purchase contract between a public agency and a private

25  landowner, except that the program described in paragraph

26  (3)(c) may not lose any portion of its unencumbered funds

27  which remain unobligated because of extraordinary

28  circumstances that hampered the affected local governments'

29  abilities to close on land acquisition projects approved

30  through the Florida Communities Trust program.  Extraordinary

31  circumstances shall be determined by the Florida Communities

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  1  Trust governing body and may include such things as death or

  2  bankruptcy of the owner of property; a change in the land use

  3  designation of the property; natural disasters that affected a

  4  local government's ability to consummate the sales contract on

  5  such property; or any other condition that the Florida

  6  Communities Trust governing board determined to be

  7  extraordinary. The portion of the funds redistributed

  8  deposited in the Water Management District P2000 sub account

  9  Lands Trust Fund shall be distributed to the water management

10  districts as provided in s. 373.59(7).

11         2.  The department and the water management districts

12  may enter into joint acquisition agreements to jointly fund

13  the purchase of lands using alternatives to fee simple

14  techniques.

15         Section 19.  Section 259.105, Florida Statutes is

16  created to read:

17         259.105  The Stewardship Florida Act.--

18         (1)  This section may be cited as the "Stewardship

19  Florida Act."

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

21         1.  The Preservation 2000 program provided tremendous

22  financial resources for purchasing environmentally significant

23  lands to protect those lands from imminent development,

24  thereby assuring present and future generations access to

25  important open spaces and recreation and conservation lands.

26         2.  The continued alteration and development of

27  Florida's natural areas to accommodate the state's rapidly

28  growing population have contributed to the degradation of

29  water resources, the fragmentation and destruction of wildlife

30  habitats, the loss of outdoor recreation space, and the

31  diminishment of wetlands, forests, and public beaches.

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  1         3.  The potential development of Florida's remaining

  2  natural areas and escalation of land values require a

  3  continuation of government efforts to restore, bring under

  4  public protection, or acquire lands and water areas to

  5  preserve the state's invaluable quality of life.

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

  7  are under tremendous pressure due to population growth and

  8  economic expansion and require special protection and

  9  restoration efforts.  To ensure that sufficient quantities of

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

11  the natural systems and citizens of the state, and assist in

12  achieving the planning goals of the department and the water

13  management districts, water resource development projects on

14  public lands, where compatible with the resource values of and

15  management objectives for the lands, are appropriate.

16         5.  The needs of urban Florida for high-quality outdoor

17  recreational opportunities, greenways, trails, and open space

18  have not been fully met by previous acquisition programs.

19  Through such programs as the Florida Communities Trust and the

20  Florida Recreation Development Assistance Program, the state

21  shall place additional emphasis on acquiring, protecting,

22  preserving, and restoring open space, greenways, and

23  recreation properties within urban areas where pristine

24  natural communities or water bodies no longer exist because of

25  the proximity of developed property.

26         6.  Many of Florida's unique ecosystems, such as the

27  Florida Everglades, are facing ecological collapse due to

28  Florida's burgeoning population. To preserve these valuable

29  ecosystems for future generations, parcels of land must be

30  acquired to facilitate ecosystem restoration.

31

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  1         7.  Access to public lands to support a broad range of

  2  outdoor recreational opportunities and the development of

  3  necessary infrastructure, where compatible with the resource

  4  values of and management objectives for such lands, promotes

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

  6  quality of life.

  7         8.  Acquisition of lands, in fee simple or in any

  8  lesser interest, should be based on a comprehensive assessment

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

10  the integrity of ecological systems and provide multiple

11  benefits, including preservation of fish and wildlife habitat,

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

13  recharge.

14         9.  The state has embraced performance-based program

15  budgeting as a tool to evaluate the achievements of publicly

16  funded agencies, build in accountability, and reward those

17  agencies which are able to consistently achieve quantifiable

18  goals.  While previous and existing state environmental

19  programs have achieved varying degrees of success, few of

20  these programs can be evaluated as to the extent of their

21  achievements, primarily because performance measures,

22  standards, outcomes, and goals were not established at the

23  outset.  Therefore, the Stewardship Florida program shall be

24  developed and implemented in the context of measurable state

25  goals and objectives.

26         10.  It is the intent of the Legislature to change the

27  focus and direction of the state's major land acquisition

28  programs and to extend funding and bonding capabilities, so

29  that future generations may enjoy the natural resources of

30  Florida.

31

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  1         (b)  The Legislature recognizes that acquisition is

  2  only one way to achieve the aforementioned goals and

  3  encourages the development of creative partnerships between

  4  governmental agencies and private landowners.  Land protection

  5  agreements and similar tools should be used, where

  6  appropriate, to bring environmentally sensitive tracts under

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

  8  the public, and to provide private landowners with the

  9  opportunity to enjoy and benefit from their property.

10         (c)  Public agencies or other entities that receive

11  funds under this section are encouraged to better coordinate

12  their expenditures so that project acquisitions, when combined

13  with acquisitions under Preservation 2000, Save Our Rivers,

14  the Florida Communities Trust, and other public land

15  acquisition programs, will form more complete patterns of

16  protection for natural areas and functioning ecosystems, to

17  better accomplish the intent of this section.

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

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

20  program to ensure that the natural resource values of such

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

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

23  achieves the full benefits of its investment of public

24  dollars.

25         (e)  With limited dollars available for restoration and

26  acquisition of land and water areas and for providing

27  long-term management and capital improvements, a competitive

28  selection process can select those projects best able to meet

29  the goals of Stewardship Florida and maximize the efficient

30  use of the program's funding.

31

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  1         (f)  To ensure success and provide accountability to

  2  the citizens of this state, it is the intent of the

  3  Legislature that any bond proceeds used pursuant to this

  4  section be contingent upon the development of goals and

  5  objectives and a process for ensuring that implementation.

  6         (g)  As it has with previous land acquisition programs,

  7  the Legislature recognizes the desires of the citizens of this

  8  state to prosper through economic development and to preserve

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

10  Legislature further recognizes the urgency of restoring the

11  natural functions of public lands or water bodies before they

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

13  acknowledges the difficulty of ensuring adequate funding for

14  restoration efforts in light of other equally critical

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

16  and intent to fund the implementation of this section and to

17  do so in a fiscally responsible manner, by issuing bonds to be

18  repaid with documentary stamp tax revenue.

19         (3)  Less the costs of issuing and the costs of funding

20  reserve accounts and other costs associated with bonds, the

21  proceeds of bonds issued pursuant to this section shall be

22  deposited into the Stewardship Florida Trust Fund created by

23  s. 259.1051. The proceeds shall be distributed by the

24  Department of Environmental Protection in the following

25  manner:

26         (a)  Thirty-five percent to Department of Environmental

27  Protection for distribution by the Acquisition and Restoration

28  Commission for the acquisition of lands and capital project

29  expenditures necessary to implement the water management

30  districts' priority lists submitted pursuant to s. 373.199.

31

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  1         (b)  Thirty-five percent to the Department of

  2  Environmental Protection for distribution by the Acquisition

  3  and Restoration Commission for the acquisition of lands and

  4  capital project expenditures described in this section. Of the

  5  proceeds distributed pursuant to this paragraph, a minimum of

  6  40 percent, but no more than 50 percent, shall be used for the

  7  acquisition of lands needed for water resource development

  8  projects.

  9         (c)  Twenty percent to the Department of Community

10  Affairs to provide grants and loans to local governments

11  through the Florida Communities Trust pursuant to part III of

12  chapter 380. Of this 20 percent, 75 percent shall be matched

13  by local governments on a dollar-for-dollar basis.

14         (d)  One and five-tenths percent to the Department of

15  Environmental Protection for the purchase of inholdings and

16  additions to state parks.  For the purposes of this paragraph,

17  "state park" means any real property in the state which is

18  under the jurisdiction of the Division of Recreation and Parks

19  of the department, or which may come under its jurisdiction.

20         (e)  One and five-tenths percent to the Division of

21  Forestry of the Department of Agriculture and Consumer

22  Services to fund the acquisition of state forest inholdings

23  and additions pursuant to s. 589.07 and the implementation of

24  reforestation plans or sustainable forestry management

25  practices.

26         (f)  One and five-tenths percent to the Fish and

27  Wildlife Conservation Commission to fund the acquisition of

28  inholdings and additions to lands managed by the commission

29  which are important to the conservation of fish and wildlife.

30         (g)  One and five-tenths percent to the Department of

31  Environmental Protection for the Florida Greenways and Trails

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  1  Program, to acquire greenways and trails or greenways and

  2  trail systems pursuant to chapter 260, including, but not

  3  limited to, abandoned railroad rights-of-way and the Florida

  4  National Scenic Trail.

  5         (h)  Four percent to the Division of Recreation and

  6  Parks of the Department of Environmental Protection to provide

  7  grants to local governments through the Florida Recreation

  8  Development Assistance Program pursuant to s. 375.075.

  9         (i)  For the purposes of paragraphs (d), (e), and (f),

10  the agencies which receive the funds shall develop their

11  individual acquisition or restoration lists.  Proposed

12  projects to acquire additions to existing properties shall

13  meet two or more of the following criteria:  the addition will

14  serve as a link or corridor to other publicly owned property;

15  the addition has a high resource value that otherwise would be

16  unprotected; the addition is within the original project

17  boundary; or the addition can be acquired at less than fair

18  market value. Any proposal to purchase an addition outside the

19  original project boundary shall be reviewed and approved or

20  disapproved by the Acquisition and Restoration Commission.

21         (j)  The appropriate legislative committees with

22  jurisdiction over the Stewardship Florida program shall

23  conduct a review by January 1, 2005, which shall examine the

24  need for and, if necessary, make recommendations related to

25  the percentage distributions provided for in this subsection

26  for consideration during the 2005 Regular Session of the

27  Legislature.

28         (4)  It is the intent of the Legislature that projects

29  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

30  contribute to the achievement of the following goals:

31

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  1         (a)  An increase in the level of protection for, or an

  2  increase in the populations of, listed plant species, as

  3  measured by the number of occurrences, acres of strategic

  4  habitat areas, or delisting or redesignation of such species.

  5         (b)  An increase in the level of protection for, or an

  6  increase in the populations of, listed animal species, as

  7  measured by the number of occurrences, acres of strategic

  8  habitat areas, delisting or redesignation of such species, or

  9  the change in long-term survival rates.

10         (c)  The restoration of land areas, as measured by a

11  reduction in nonnative species, level of maintenance control

12  of invasive species, reforestation rates, or regeneration of

13  natural communities.

14         (d)  An increase in public landholdings needed to meet

15  the goals of this subsection, as measured by the acquisition

16  of lands in fee simple or with less than fee simple

17  alternatives.

18         (e)  The completion of projects begun under previous

19  land acquisition programs, as measured through the acquisition

20  of land under inholdings and additions programs.

21         (f)  An increase in the amount of forest land for

22  sustainable natural resources.

23         (g)  An increase in public recreational opportunities,

24  as measured by the acreage available for recreational

25  opportunities or the number of miles available for greenways

26  or trails.

27         (h)  A reduction in the amount of pollutants flowing

28  into Florida's surface waters, as measured by a reduction in

29  the number of surface water bodies designated as impaired.

30

31

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  1         (i)  The improvement of water recharge rates on public

  2  lands, as measured by increased speed of recharge and amount

  3  of cubic feet of water made available.

  4         (j)  The restoration of water areas, as measured by a

  5  reduction of nonnative species, level of maintenance control

  6  of invasive species, regeneration of natural communities,

  7  reduction of excessive sedimentation, removal of impediments,

  8  or reduction of shoreline erosion.

  9         (5)  The Acquisition and Restoration Commission shall

10  adopt and submit to the appropriate legislative committees

11  with jurisdiction over the department for review and comment

12  in the 2001 Regular Session of the Legislature, numeric goals

13  and performance measures for those goals enumerated in

14  subsection (4).  The commission may also develop and submit

15  additional goals and suggested performance measures to be used

16  for implementation of this section.  The commission shall

17  utilize the findings of the Stewardship Florida Study

18  Commission in establishing numeric goals and performance

19  measures.

20         (6)  All lands acquired pursuant to this section shall

21  be managed for multiple-use purposes, where compatible with

22  the resource values of and management objectives for such

23  lands.  As used in this section, "multiple-use" includes, but

24  is not limited to, outdoor recreational activities as

25  described in ss. 253.034 and 259.032(9)(b), water resource

26  development projects, and sustainable forestry management.

27         (7)  As provided in this section, water resource

28  development projects may be allowed only if the project

29  complies with all applicable permitting requirements.

30         (8)(a)  Beginning January 1, 2001, and every year

31  thereafter, the commission shall accept applications from

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

  2  organizations, private land trusts, and individuals for

  3  project proposals eligible for funding pursuant to paragraph

  4  (3)(b). The commission shall evaluate the proposals received

  5  pursuant to this subsection to ensure that they meet at least

  6  one of the criteria under subsection (10).

  7         (b)  Project applications shall contain, at a minimum,

  8  the following:

  9         1.  A minimum of two numeric performance measures that

10  directly relate to the overall goals adopted by the

11  commission.  Each performance measure shall include a baseline

12  measurement, which is the current situation; a performance

13  standard which the project sponsor anticipates the project

14  will achieve; and the performance measurement itself, which

15  should reflect the incremental improvements the project

16  accomplishes towards achieving the performance standard.

17         2.  Proof that property owners within any proposed

18  acquisition have been notified of their inclusion in the

19  proposed project.  Any property owner may request the removal

20  of such property from further consideration by submitting a

21  request to the project sponsor or commission by certified

22  mail. Upon receiving this request, the commission shall delete

23  the property from the proposed project.

24         (c)  The title to lands acquired under this section

25  shall vest in the Board of Trustees of the Internal

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

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

28  district and lands acquired by a local government shall vest

29  in the name of the purchasing local government.

30         (9)  The commission shall develop two project lists:

31

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  1         (a)  One list shall represent those projects submitted

  2  pursuant to subsection (8).

  3         (b)  One list shall represent those projects submitted

  4  pursuant to s. 373.199.

  5         (10)  In developing the proposed project lists pursuant

  6  to subsection (9), the commission shall consider, when

  7  applicable, whether the project:

  8         (a)  Has multiple benefits, including, but not limited

  9  to, habitat protection, recreational and aesthetic values, and

10  natural community preservation, or promotes groundwater

11  recharge or improves water quality.

12         (b)  Meets multiple goals as described in subsection

13  (4).

14         (c)  Includes attributes or natural resource values

15  underrepresented in the state's inventory of public lands.

16         (d)  Is part of an ongoing governmental effort to

17  restore, protect, or develop land areas or water resources.

18         (e)  Will be funded by contributions from multiple

19  entities; and whether local, regional, state, and federal

20  entities will form partnerships to implement project

21  activities.

22         (f)  Furthers conservation goals of the program through

23  the acquisition of lands that:

24         1.  Have imperiled, critically imperiled, or rare

25  natural communities of native vegetation and wildlife, or have

26  excellent quality occurrences of natural communities;

27         2.  Serve as habitat for endangered or threatened plant

28  or animal species;

29         3.  Have significant archeological or historical sites;

30         4.  Provide for outdoor recreational activities as

31  described in s. 259.032(9)(b); or

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  1         5.  Enhance or facilitate management of properties

  2  already under public ownership.

  3         (g)  Provides for the completion of projects in which

  4  acquisition activities were begun under previous state land

  5  acquisition initiatives.

  6         (h)  Restores land and water areas to conditions that

  7  improve their natural functions and attributes.

  8         (i)  Makes capital improvements to land or water areas

  9  that improve public access, develop recreational facilities,

10  or promote more efficient and effective management of such

11  land or water areas.

12         (j)  Restores and reclaims forestry lands to enhance

13  and ensure their continued value as ecosystems, through the

14  implementation of reforestation plans or sustainable forestry

15  management practices.

16         (k)  Has funding sources that are identified and

17  assured through at least the first 2 years of the project.

18         (l)  Contributes to the solution of water resource

19  problems on a regional basis.

20         (m)  Has a significant portion of its land area in

21  imminent danger of development, in imminent danger of losing

22  its significant natural attributes or recreational open space,

23  or in imminent danger of subdivision which would result in

24  multiple ownership and make acquisition of the project costly

25  or less likely to be accomplished.

26         (n)  Will implement an element from a plan developed by

27  an ecosystem management team.

28         (o)  Exhibits compelling evidence that the land is

29  likely to be developed during the next 12 months, or

30  appraisals made during the past 5 years indicate an escalation

31

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  1  in land value at an average rate that exceeds the average rate

  2  of interest likely to be paid on the bonds.

  3         (p)  Is one of the components of the Everglades

  4  restoration effort.

  5         (q)  May be purchased at 80 percent of appraised value

  6  or less.

  7         (r)  May be acquired, in whole or part, using

  8  alternatives to fee simple, including, but not limited to,

  9  purchase of development rights, hunting rights, agricultural

10  or silvicultural rights, or mineral rights; obtaining

11  conservation easements or flowage easements; or use of land

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

13         (s)  Is a joint acquisition, either among public

14  agencies, nonprofit organizations, or private entities, or by

15  a public-private partnership.

16         (t)  Involves the acquisition of coastal lands. In

17  acquiring coastal lands pursuant to this section, the

18  following additional criteria shall be considered:

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

20  consistent with hazard mitigation and postdisaster

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

22  and property and to reduce the need for future disaster

23  assistance.

24         2.  The value of acquiring beachfront parcels,

25  irrespective of size, to provide public access and

26  recreational opportunities in highly developed urban areas.

27         3.  The value of acquiring identified parcels the

28  development of which would adversely affect coastal resources.

29  It is expected that projects selected will accrue multiple

30  benefits, such as:  protecting and restoring habitat for

31  wildlife, aquatic life, and plants, including species

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  1  designated as endangered, threatened, and of special concern;

  2  providing aesthetic and recreational pleasure for the citizens

  3  of the state; attracting visitors; and generating substantial

  4  economic benefits.

  5         (11)  Projects that are otherwise eligible for funding

  6  under this section and for which matching funds are available

  7  shall be given increased priority.

  8         (12)  When a nonprofit organization, whose purposes

  9  include preservation of natural resources and which is tax

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

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

12  of such sale shall be deemed to meet multiple criteria listed

13  in subsection (10) if such land met multiple criteria at the

14  time the organization purchased the land.

15         (13)  The Acquisition and Restoration Commission shall

16  use the goals and criteria listed in subsections (4) and (10)

17  to competitively evaluate, select, and rank projects eligible

18  for Stewardship Florida funds.

19         (14)  An affirmative vote of five members of the

20  commission shall be required in order to place a proposed

21  project on either list. Any member of the commission who by

22  family or a business relationship has a connection with any

23  project proposed to be ranked shall declare such interest

24  prior to voting for a project's inclusion on the list.

25         (15)  Each year that bonds are to be issued pursuant to

26  this section, the commission shall review that year's approved

27  project lists and shall, by the first board meeting in

28  February, present to the Board of Trustees of the Internal

29  Improvement Trust Fund for approval a listing of projects

30  developed pursuant to subsection (9). The board of trustees

31  may remove projects from the list developed pursuant to this

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  1  subsection, but may not add projects or rearrange project

  2  rankings.

  3         (16)  The commission shall submit to the board of

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

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

  6  each project listed:

  7         (a)  The stated purpose for inclusion.

  8         (b)  Projected costs to achieve the project goals.

  9         (c)  An interim management budget.

10         (d)  Specific performance measures.

11         (e)  Plans for public access.

12         (f)  An identification of the essential parcel or

13  parcels within the project without which the project cannot be

14  properly managed.

15         (g)  Where applicable, an identification of those

16  projects or parcels within projects which should be acquired

17  in fee simple or in less than fee simple.

18         (h)  An identification of those lands being purchased

19  for conservation purposes.

20         (i)  A management policy statement for the project and

21  a management prospectus pursuant to s. 259.032(9)(d).

22         (j)  An estimate of land value based on county tax

23  assessed values.

24         (k)  A map delineating project boundaries.

25         (l)  An assessment of the project's ecological value,

26  outdoor recreational value, forest resources, wildlife

27  resources, ownership pattern, utilization, and location.

28         (m)  A discussion of whether alternative uses are

29  proposed for the property and what those uses are.

30         (n)  A designation of the management agency or

31  agencies.

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  1         (17)  All proposals for projects pursuant to this

  2  section shall be implemented only if adopted by the commission

  3  and approved by the board of trustees.  The commission shall

  4  consider and evaluate in writing the merits and demerits of

  5  each project that is proposed for Stewardship Florida funding

  6  and shall ensure that each proposed project will meet a stated

  7  public purpose for the restoration, conservation, or

  8  preservation of environmentally sensitive lands and water

  9  areas or for providing outdoor recreational opportunities.

10  The commission also shall determine if the project conforms,

11  where applicable, with the comprehensive plan developed

12  pursuant to s. 259.04(1)(a), the comprehensive multipurpose

13  outdoor recreation plan developed pursuant to s. 375.021, the

14  state lands management plan adopted pursuant to s. 253.03(7),

15  the water resources work plans developed pursuant to s.

16  373.199, and the provisions of this section.

17         (18)(a)  The Board of Trustees of the Internal

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

19  district lands, the owning water management district, may

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

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

22  for certain governmental uses that are determined by the

23  appropriate board to be compatible with the resource values of

24  and management objectives for such lands.  Such governmental

25  uses may include, but not be limited to, public schools,

26  public libraries, fire or law enforcement substations, and

27  governmental, judicial, or recreational centers.

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

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

30  lands acquired pursuant to this section shall be presumed to

31

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  1  be compatible with the purposes for which such lands were

  2  acquired.

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

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

  5  the Department of Environmental Protection or other

  6  appropriate state agency if the granting of such lease,

  7  easement, or license would adversely affect the exclusion of

  8  the interest on any revenue bonds issued to fund the

  9  acquisition of the affected lands from gross income for

10  federal income tax purposes, pursuant to Internal Revenue

11  Service regulations.

12         (19)  The Acquisition and Restoration Commission may

13  adopt rules necessary to implement the provisions of this

14  section relating to:  solicitation, scoring, selecting, and

15  ranking of Stewardship Florida project proposals; the

16  development and annual reevaluation of the 5-year plan;

17  disposing or leasing of lands or water areas selected for

18  funding through the Stewardship Florida program; and the

19  process of reviewing and recommending for approval or

20  rejection the land management plans associated with publicly

21  owned properties. The rules adopted pursuant to this

22  subsection shall not become effective until ratified by the

23  Legislature. These rules shall be submitted for consideration

24  by the Legislature during the 2000 Regular Session of the

25  Legislature.

26         Section 20.  Paragraph (a) of subsection (1) and

27  subsections (2) and (6) of section 260.0125, Florida Statutes,

28  1998 Supplement, are amended to read:

29         260.0125  Limitation on liability of private landowners

30  whose property is designated as part of the statewide system

31  of greenways and trails.--

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  1         (1)(a)  A private landowner whose land is designated as

  2  part of the statewide system of greenways and trails pursuant

  3  to s. 260.016(1)(k)(2)(d), including a person holding a

  4  subservient interest, owes no duty of care to keep that land

  5  safe for entry or use by others or to give warning to persons

  6  entering that land of any hazardous conditions, structures, or

  7  activities thereon. Such landowner shall not:

  8         1.  Be presumed to extend any assurance that such land

  9  is safe for any purpose;

10         2.  Incur any duty of care toward a person who goes on

11  the land; or

12         3.  Become liable or responsible for any injury to

13  persons or property caused by the act or omission of a person

14  who goes on the land.

15         (2)  Any private landowner who consents to designation

16  of his or her land as part of the statewide system of

17  greenways and trails pursuant to s. 260.016(1)(k)(2)(d)

18  without compensation shall be considered a volunteer, as

19  defined in s. 110.501, and shall be covered by state liability

20  protection pursuant to s. 768.28, including s. 768.28(9).

21         (6)  If agreed to by the department and the landowner

22  in the designation agreement, a landowner whose land is

23  designated as part of the statewide system of greenways and

24  trails pursuant to s. 260.016(1)(k)(2)(d) shall be indemnified

25  for:

26         (a)  Any injury or damage incurred by a third party

27  arising out of the use of the designated greenway or trail;

28         (b)  Any injury or damage incurred by a third party on

29  lands adjacent to and accessed through the designated greenway

30  or trail; and

31

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  1         (c)  Any damage to the landowner's property, including

  2  land adjacent to and accessed through the designated greenway

  3  or trail, caused by the act or omission of a third person

  4  resulting from any use of the land so designated.

  5         Section 21.  Section 260.0142, Florida Statutes, is

  6  created to read:

  7         260.0142  Florida Greenways and Trails Council;

  8  composition; powers and duties.--

  9         (1)  There is hereby created within the Department of

10  Environmental Protection the Florida Greenways and Trails

11  Council which shall advise the department in the execution of

12  the department's powers and duties under this chapter. The

13  council shall be composed of 21 members, consisting of:

14         (a)1.  Five members appointed by the Governor, with two

15  members representing the trail-user community, two members

16  representing the greenway-user community, and one member

17  representing landowners. Of the initial appointments, two

18  shall be appointed for 2-year terms and three shall be

19  appointed for 1-year terms.  Subsequent appointments shall be

20  for 2-year terms.

21         2.  Three members appointed by the President of the

22  Senate, with one member representing the trail-user community

23  and two members representing the greenway-user community.  Of

24  the initial appointments, two shall be appointed for 2-year

25  terms and one shall be appointed for a 1-year term. Subsequent

26  appointments shall be for 2-year terms.

27         3.  Three members appointed by the Speaker of the House

28  of Representatives, with two members representing the

29  trail-user community and one member representing the

30  greenway-user community.  Of the initial appointments, two

31  shall be appointed for 2-year terms and one shall be appointed

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  1  for a 1-year term.  Subsequent appointments shall be for

  2  2-year terms.

  3

  4  Those eligible to represent the trail-user community shall be

  5  chosen from, but not be limited to, paved-trail users, hikers,

  6  off-road bicyclists, paddlers, equestrians, disabled outdoor

  7  recreational users, and commercial recreational interests.

  8  Those eligible to represent the greenway-user community shall

  9  be chosen from, but not be limited to, conservation

10  organizations, nature study organizations, and scientists and

11  university experts.

12         (b)  The 10 remaining members shall include:

13         1.  The Secretary of Environmental Protection or a

14  designee;

15         2.  The executive director of the Fish and Wildlife

16  Conservation Commission or a designee;

17         3.  The Secretary of Community Affairs or a designee;

18         4.  The Secretary of Transportation or a designee;

19         5.  The director of the Division of Forestry of the

20  Department of Agriculture and Consumer Services or a designee;

21         6.  The director of the Division of Historical

22  Resources of the Department of State or a designee;

23         7.  A representative of the water management districts,

24  who shall serve for 1 year.  Membership on the council shall

25  rotate among the five districts.  The districts shall

26  determine the order of rotation;

27         8.  A representative of a federal land management

28  agency.  The Secretary of Environmental Protection shall

29  identify the appropriate federal agency and request

30  designation of a representative from the agency to serve on

31  the council;

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  1         9.  A representative of the regional planning councils

  2  to be appointed by the Secretary of Environmental Protection,

  3  in consultation with the Secretary of Community Affairs, for a

  4  single 2-year term.  Successive representatives may not be

  5  selected from the same regional planning council; and

  6         10.  A representative of local governments to be

  7  appointed by the Secretary of Environmental Protection, in

  8  consultation with the Secretary of Community Affairs, for a

  9  single 2-year term.  Membership shall alternate between a

10  county representative and a municipal representative.

11         (2)  The department shall provide necessary staff

12  assistance to the council.

13         (3)  The council is authorized to contract for and to

14  accept gifts, grants, loans, or other aid from the United

15  States Government or any person or corporation.

16         (4)  The duties of the council shall include, but not

17  be limited to, the following:

18         (a)  Advising the Department of Environmental

19  Protection, the Department of Community Affairs, the

20  Department of Transportation, the Fish and Wildlife

21  Conservation Commission, the Division of Forestry of the

22  Department of Agriculture and Consumer Services, the water

23  management districts, and the regional planning councils on

24  policies relating to the Florida Greenways and Trails System,

25  and promoting intergovernmental cooperation.

26         (b)  Facilitating a statewide system of interconnected

27  land-based trails that connect urban, suburban, and rural

28  areas of the state, and facilitating expansion of the

29  statewide system of freshwater and saltwater paddling trails.

30         (c)  Recommending priorities for critical links in the

31  Florida Greenways and Trails System.

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  1         (d)  Reviewing applications for acquisition funding

  2  under the Florida Greenways and Trails Program, and

  3  recommending to the Secretary of Environmental Protection

  4  which projects should be acquired.

  5         (e)  Providing recommendations to those agencies and

  6  organizations which fund acquisition, development, and

  7  management of lands, and promoting private landowner

  8  incentives.

  9         (f)  Reviewing designation proposals for inclusion in

10  the Florida Greenways and Trails System.

11         (g)  Providing advocacy and education to benefit the

12  statewide system of greenways and trails by encouraging

13  communication and conferencing.

14         (h)  Encouraging public-private partnerships.

15         (i)  Reviewing progress toward meeting established

16  benchmarks and recommending appropriate action.

17         (j)  Making recommendations for updating and revising

18  the implementation plan for the Florida Greenways and Trails

19  System.

20         (k)  Advising the Land Acquisition and Management

21  Advisory Council, or its successor, to ensure the

22  incorporation of trails in land management plans on lands

23  managed by the Department of Environmental Protection, the

24  Fish and Wildlife Conservation Commission, the Division of

25  Historical Resources of the Department of State, and the

26  Division of Forestry of the Department of Agriculture and

27  Consumer Services.

28         (l)  Providing advice and assistance to the Department

29  of Transportation and the water management districts regarding

30  the incorporation of trails into their planning efforts.

31

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  1         (m)  Encouraging land use, environmental, and

  2  coordinated linear infrastructure planning to facilitate the

  3  implementation of local, regional, and statewide greenways and

  4  trails systems.

  5         (n)  Promoting greenways and trails support

  6  organizations.

  7         (o)  Supporting the Florida Greenways and Trails System

  8  in any other appropriate way.

  9         (5)  The council shall determine who shall serve as

10  council chair through its operating procedures.  The council

11  shall meet at the call of the chair, or at such times as may

12  be prescribed by its operating procedures.  The council may

13  establish committees to conduct the work of the council, and

14  the committees may include nonmembers as appropriate.

15         (6)  A vacancy in the council shall be filled for the

16  remainder of the unexpired term in the same manner as the

17  original appointment.  Members whose terms have expired may

18  continue to serve until replaced or reappointed. No member

19  shall serve on the council for more than two consecutive

20  terms.

21         (7)  Members of the council shall not receive any

22  compensation for their services but shall be entitled to

23  receive reimbursement for per diem and travel expenses

24  incurred in the performance of their duties, as provided in s.

25  112.061.

26         Section 22.  Section 260.016, Florida Statutes, 1998

27  Supplement, is amended, to read:

28         260.016  General powers of the department.--

29         (1)  The department shall may:

30         (a)  Publish and distribute appropriate maps of

31  designated greenways and trails. The description shall include

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  1  a generalized map delineating the area designated, location of

  2  suitable ingress and egress sites, as well as other points of

  3  interest to enhance the recreational opportunities of the

  4  public.

  5         (b)  Establish access routes and related public-use

  6  facilities along greenways and trails which will not

  7  substantially interfere with the nature and purposes of the

  8  greenway or trail.

  9         (c)  Adopt appropriate rules to implement or interpret

10  this act and portions of chapter 253 relating to greenways and

11  trails, which may include, but are not limited to, rules for

12  the following:

13         1.  Establishing a designation process.

14         2.  Negotiating and executing agreements with private

15  landowners.

16         3.  Establishing prohibited activities or restrictions

17  on activities to protect the health, safety, and welfare of

18  the public.

19         4.  Charging fees for use.

20         5.  Providing public access.

21         6.  Providing for maintenance.

22         7.  Any matter necessary to the evaluation, selection,

23  operation, and maintenance of greenways and trails.

24

25  Any person who violates or otherwise fails to comply with the

26  rules adopted pursuant to subparagraph 3. commits a

27  noncriminal infraction for which a fine of up to $500 may be

28  imposed.

29         (d)  Coordinate the activities of all governmental

30  units and bodies and special districts that desire to

31

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  1  participate in the development and implementation of the

  2  Florida Greenways and Trails System.

  3         (e)  Appoint an advisory body to be known as the

  4  "Florida Recreational Trails Council" which shall advise the

  5  department in the execution of its powers and duties under

  6  this chapter.  The department may establish by rule the

  7  duties, structure, and responsibilities of the council.

  8  Members of the Florida Recreational Trails Council shall serve

  9  without compensation, but are entitled to be reimbursed for

10  per diem and travel expenses as provided in s. 112.061.

11         (e)(f)  Establish, develop, and publicize greenways and

12  trails saltwater paddling trails in a manner that will permit

13  public recreation, when appropriate, without damaging natural

14  resources. The Big Bend Historic Saltwater Paddling Trail from

15  the St. Marks River to the Suwannee River is hereby designated

16  as part of the Florida Greenways and Trails System.  Additions

17  to this trail may be added by the department from time to time

18  as part of a statewide saltwater circumnavigation trail.

19         (f)(g)  Enter into sublease agreements or other use

20  agreements with any federal, state, or local governmental

21  agency, or any other entity local governmental agencies for

22  the management of greenways and trails for recreation and

23  conservation purposes consistent with the intent of this

24  chapter.

25         (h)  Enter into management agreements with other

26  entities only if a federal agency, another state agency, local

27  government, county, or municipality is unable to manage the

28  greenways or trails lands.  Such entities must demonstrate

29  their capabilities of management for the purposes defined in

30  ss. 260.011-260.018.

31

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  1         (g)(i)  Charge reasonable fees or rentals for the use

  2  or operation of facilities and concessions.  All such fees,

  3  rentals, or other charges collected shall be deposited in the

  4  account or trust fund of the managing entity.  All such fees,

  5  rentals, or other charges collected by the Division of

  6  Recreation and Parks under this paragraph shall be deposited

  7  in the State Park Trust Fund pursuant to s. 258.014.

  8         (2)  The department shall:

  9         (h)(a)  Evaluate lands for the acquisition of greenways

10  and trails and compile a list of suitable corridors,

11  greenways, and trails, ranking them in order of priority for

12  proposed acquisition.  The department shall devise a method of

13  evaluation which includes, but is not limited to, the

14  consideration of:

15         1.  The importance and function of such corridors

16  within the statewide system.

17         2.  Potential for local sharing in the acquisition,

18  development, operation, or maintenance of greenway and trail

19  corridors.

20         3.  Costs of acquisition, development, operation, and

21  maintenance.

22         (i)(b)  Maintain an updated list of abandoned and

23  to-be-abandoned railroad rights-of-way.  The department shall

24  request information on current and potential railroad

25  abandonments from the Department of Transportation and

26  railroad companies operating within the state.  At a minimum,

27  the department shall make such requests on a quarterly basis.

28         (j)(c)  Provide information to public and private

29  agencies and organizations on abandoned rail corridors which

30  are or will be available for acquisition from the railroads or

31  for lease for interim recreational use from the Department of

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  1  Transportation. Such information shall include, at a minimum,

  2  probable costs of purchase or lease of the identified

  3  corridors.

  4         (k)(d)  Develop and implement a process for designation

  5  of lands and waterways as a part of the statewide system of

  6  greenways and trails, which shall include:

  7         1.  Development and dissemination of criteria for

  8  designation.

  9         2.  Development and dissemination of criteria for

10  changes in the terms or conditions of designation, including

11  withdrawal or termination of designation. A landowner may have

12  his or her property removed from designation by providing the

13  department with a written request that contains an adequate

14  description of such lands to be removed. Provisions shall be

15  made in the designation agreement for disposition of any

16  future improvements made to the land by the department.

17         3.  Compilation of available information on and field

18  verification of the characteristics of the lands or waterways

19  as they relate to the developed criteria.

20         4.  Public notice pursuant to s. 120.525 in all phases

21  of the process.

22         5.  Actual notice to the landowner by certified mail at

23  least 7 days before any public meeting regarding the

24  department's intent to designate.

25         6.  Written authorization from the landowner in the

26  form of a lease or other instrument for the designation and

27  granting of public access, if appropriate, to a landowner's

28  property.

29         7.  Development of a greenway or trail use plan as a

30  part of the designation agreement. In any particular segment

31  of a greenway or trail, the plan components must be compatible

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  1  with connecting segments and, at a minimum, describe the types

  2  and intensities of uses of the property.

  3         (l)  Implement the plan for the Florida Greenways and

  4  Trails System as adopted by the Florida Greenways Coordinating

  5  Council on September 11, 1998.

  6         (2)(3)  The department or its designee is authorized to

  7  negotiate with potentially affected private landowners as to

  8  the terms under which such landowners would consent to the

  9  public use of their lands as part of the greenways and trails

10  system. The department shall be authorized to agree to

11  incentives for a private landowner who consents to this public

12  use of his or her lands for conservation or recreational

13  purposes, including, but not limited to, the following:

14         (a)  Retention by the landowner of certain specific

15  rights in his or her lands, including, but not limited to, the

16  right to farm, hunt, graze, harvest timber, or use the lands

17  for other purposes which are consistent with use as greenways

18  or trails.

19         (b)  Agreement to exchange, subject to the approval of

20  the Board of Trustees of the Internal Improvement Trust Fund

21  or other applicable unit of government, ownership or other

22  rights of use of public lands for the ownership or other

23  rights of use of privately owned property. Any exchange of

24  state-owned lands, title to which is vested in the Board of

25  Trustees of the Internal Improvement Trust Fund, for privately

26  owned lands shall be subject to the requirements of s.

27  259.041.

28         (c)  Contracting with the landowner to provide

29  management or other services on the lands.

30         (d)  At the option of the landowner, acceleration of

31  the acquisition process or higher consideration in the ranking

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  1  process when any lands owned by the landowner are under

  2  consideration for acquisition by the state or other unit of

  3  government.

  4         (e)  At the option of the landowner, removal of any

  5  lands owned by the landowner from consideration for acquistion

  6  by the state or other unit of government.

  7         (f)  Execution of patrol and protection agreements.

  8         (g)  Where applicable and appropriate, providing lease

  9  fees, not to exceed fair market value of the leasehold

10  interest.

11         Section 23.  Section 260.018, Florida Statutes, 1998

12  Supplement, is amended to read:

13         260.018  Agency recognition.--All agencies of the

14  state, regional planning councils through their comprehensive

15  plans, and local governments through their local comprehensive

16  planning process pursuant to chapter 163 shall recognize the

17  special character of publicly owned lands and waters

18  designated by the state as greenways and trails and shall not

19  take any action which will impair their use as designated.

20  Identification of lands in planning materials, maps, data, and

21  other information developed or used in the greenways and

22  trails program shall not be cause for such lands to be subject

23  to this section, unless such lands have been designated as a

24  part of the statewide system or greenways and trails pursuant

25  to s. 260.016(1)(k)(2)(d).

26         Section 24.  Paragraph (a) of subsection (11) of

27  section 288.1224, Florida Statutes, is amended to read:

28         288.1224  Powers and duties.--The commission:

29         (11)  Shall create an advisory committee of the

30  commission which shall be charged with developing a regionally

31  based plan to protect and promote all of the natural, coastal,

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  1  historical, cultural, and commercial tourism assets of this

  2  state.

  3         (a)  Members of the advisory committee shall be

  4  appointed by the chair of the commission and shall include

  5  representatives of the commission, the Departments of

  6  Agriculture and Consumer Services, Environmental Protection,

  7  Community Affairs, Transportation, and State, the Florida

  8  Greenways and Trails Coordinating Council, the Florida Game

  9  and Freshwater Fish and Wildlife Conservation Commission, and,

10  as deemed appropriate by the chair of the commission,

11  representatives from other federal, state, regional, local,

12  and private sector associations representing environmental,

13  historical, cultural, recreational, and tourism-related

14  activities.

15         Section 25.  Subsection (4) of section 369.252, Florida

16  Statutes, is amended to read:

17         369.252  Invasive exotic plant control on public

18  lands.--The department shall establish a program to:

19         (4)  Use funds in the Aquatic Plant Control Trust Fund

20  as authorized by the Legislature for carrying out activities

21  under this section on public lands. Twenty percent of the

22  amount credited to the Aquatic Plant Control Trust Fund

23  pursuant to s. 201.15(6) shall be used for the purpose of

24  controlling nonnative, upland, invasive plant species on

25  public lands.

26         Section 26.  Subsection (5) of section 369.307, Florida

27  Statutes, is amended to read:

28         369.307  Developments of regional impact in the Wekiva

29  River Protection Area; land acquisition.--

30         (5)  The Department of Environmental Protection is

31  directed to proceed to negotiate for acquisition of

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  1  conservation and recreation lands projects within the Wekiva

  2  River Protection Area provided that such projects have been

  3  deemed qualified under statutory and rule criteria for

  4  purchase and have been placed on the priority list for

  5  acquisition by the advisory council created in s. 259.035 or

  6  its successor.

  7         Section 27.  Subsection (5) is added to section

  8  373.089, Florida Statutes, to read:

  9         373.089  Sale or exchange of lands, or interests or

10  rights in lands.--The governing board of the district may sell

11  lands, or interests or rights in lands, to which the district

12  has acquired title or to which it may hereafter acquire title

13  in the following manner:

14         (5)  Any lands the title to which is vested in the

15  governing board of a water management district may be

16  surplused pursuant to the procedures set forth in this section

17  and s. 373.056 and the following:

18         (a)  For those lands designated as acquired for

19  conservation purposes, the governing board shall make a

20  determination that the lands are no longer needed for

21  conservation purposes and may dispose of them by a two-thirds

22  vote.

23         (b)  For all other lands, the governing board shall

24  make a determination that such lands are no longer needed and

25  may dispose of them by majority vote.

26         (c)  For the purposes of this subsection, all lands for

27  which title has vested in the governing board prior to July 1,

28  1999, shall be deemed to have been acquired for conservation

29  purposes.

30         (d)  For any lands acquired on or after July 1, 1999,

31  for which title is vested in the governing board, the

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  1  governing board shall determine which parcels shall be

  2  designated as having been acquired for conservation purposes.

  3         Section 28.  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 compile and send a list

22  of recommended projects to the commission for its

23  consideration in developing a priority list pursuant to the

24  Stewardship Florida Act.  Such list of projects shall be

25  submitted annually by June 1, beginning in 2000.

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

27  district shall:

28         (a)  Integrate its existing surface water improvement

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

30  stormwater management projects, proposed water resource

31  development projects, proposed water body restoration

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  1  projects, and other properties or activities that would assist

  2  in meeting the goals of Stewardship Florida.

  3         (b)  Work cooperatively with the applicable ecosystem

  4  management area teams and other citizen advisory groups, the

  5  Department of Environmental Protection and its district

  6  offices, the Department of Agriculture and Consumer Services,

  7  the Fish and Wildlife Conservation Commission, the Department

  8  of Community Affairs, the Department of Transportation, other

  9  state agencies, and federal agencies, where applicable.

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

11  where applicable, the following information for each project:

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

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

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

15  protection; and a synopsis of restoration efforts that have

16  occurred to date, if applicable.

17         (b)  An identification of all governmental units that

18  have jurisdiction over the water body and its drainage basin

19  within the approved surface water improvement and management

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

21  units.

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

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

24  nonpoint sources of pollution, and permitted discharge

25  activities associated with that basin.

26         (d)  A description of strategies and potential

27  strategies, including improved stormwater management, for

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

29  surface water quality status.

30

31

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

  2  or have been prepared for the water body, stormwater

  3  management project, or water resource development project.

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

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

  6  prevent future degradation, to manage and maintain the

  7  stormwater management system, or to manage and maintain the

  8  water resource development project.

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

10  water body, implementation of the stormwater management

11  project, or development of the water resource development

12  project.

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

14  restoration, protection, or improvement project, or the

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

16  projected sources of the funding.

17         (i)  Numeric performance measures for each project.

18  Each performance measure shall include a baseline measurement,

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

20  water management district staff anticipates the project will

21  achieve; and the performance measurement itself, which should

22  reflect the incremental improvements the project accomplishes

23  towards achieving the performance standard.

24         (j)  A discussion of permitting and other regulatory

25  issues related to the project.

26         (k)  An identification of the proposed public access

27  for projects with land acquisition components.

28         (5)  The list of recommended projects shall indicate

29  the relative significance of each project within the

30  particular water management district's boundaries, and the

31  schedule of activities and sums of money earmarked should

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

  2  planning horizon.

  3         Section 29.  Section 373.59, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         373.59  Water Management Lands Trust Fund.--

  6         (1)  There is established within the Department of

  7  Environmental Protection the Water Management Lands Trust Fund

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

  9  section. The moneys in this fund are hereby continually

10  appropriated for the purposes of land acquisition, management,

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

12  debt service on bonds issued prior to July 1, 1999,

13  preacquisition costs associated with land purchases, and

14  administration of the fund in accordance with the provisions

15  of this section.

16         (2)(a)  By January 15 of each year, each district shall

17  file with the Legislature and the Secretary of Environmental

18  Protection a report of acquisition activity together with

19  modifications or additions to its 5-year plan of acquisition.

20  Included in the report shall be an identification of those

21  lands which require a full fee simple interest to achieve

22  water management goals and those lands which can be acquired

23  using alternatives to fee simple acquisition techniques and

24  still achieve such goals.  In their evaluation of which lands

25  would be appropriate for acquisition through alternatives to

26  fee simple, district staff shall consider criteria including,

27  but not limited to, acquisition costs, the net present value

28  of future land management costs, the net present value of ad

29  valorem revenue loss to the local government, and the

30  potential for revenue generated from activities compatible

31  with acquisition objectives. The report shall also include a

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  1  description of land management activity. Expenditure of moneys

  2  from the Water Management Lands Trust Fund shall be limited to

  3  the costs for acquisition, management, maintenance, and

  4  capital improvements of lands titled to the governing boards

  5  of the districts and acquired under current or future

  6  conservation, preservation, water resources, or recreational

  7  land acquisition programs, included within the 5-year plan as

  8  filed by each district and to the department's costs of

  9  administration of the fund. The department's costs of

10  administration shall be charged proportionally against each

11  district's allocation using the formula provided in subsection

12  (7). However, no acquisition of lands shall occur without a

13  public hearing similar to those held pursuant to the

14  provisions set forth in s. 120.54. In the annual update of its

15  5-year plan for acquisition, each district shall identify

16  lands needed to protect or recharge groundwater and shall

17  establish a plan for their acquisition as necessary to protect

18  potable water supplies. Lands which serve to protect or

19  recharge groundwater identified pursuant to this paragraph

20  shall also serve to protect other valuable natural resources

21  or provide space for natural resource based recreation.

22         (b)  Moneys from the fund shall also be used for

23  continued acquisition, management, maintenance, and capital

24  improvements of the following lands and lands set forth in the

25  5-year land acquisition plan of the district:

26         1.  By the South Florida Water Management

27  District--lands in the water conservation areas and areas

28  adversely affected by raising water levels of Lake Okeechobee

29  in accordance with present regulation schedules, and the

30  Savannahs Wetland area in Martin County and St. Lucie County.

31

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  1         2.  By the Southwest Florida Water Management

  2  District--lands in the Four River Basins areas, including

  3  Green Swamp, Upper Hillsborough and Cypress Creek, Anclote

  4  Water Storage Lands (Starkey), Withlacoochee and Hillsborough

  5  riverine corridors, and Sawgrass Lake addition.

  6         3.  By the St. Johns River Water Management

  7  District--Seminole Ranch, Latt Maxey and Evans properties in

  8  the upper St. Johns River Basin.

  9         4.  By the Suwannee River Water Management

10  District--lands in Suwannee River Valley.

11         5.  By the Northwest Florida Water Management

12  District--lands in the Choctawhatchee and Apalachicola River

13  Valleys.

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

15  unwilling seller from its plan of acquisition at the next

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

17  so by the property owner.

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

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

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

21  conservation and protection of water resources, except that

22  such moneys shall not be used for the acquisition of

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

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

25  Interests in real property acquired by the districts under

26  this section may be used for permittable water resource

27  development and water supply development purposes under the

28  following conditions: the minimum flows and levels of priority

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

30  complies with all conditions for issuance of a permit under

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

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

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

  3  an environmentally acceptable manner and, to the extent

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

  5  natural state and condition.

  6         (3)(b)  The Secretary of Environmental Protection shall

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

  8  district for preacquisition costs within 30 days after receipt

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

10  which identifies and justifies any such preacquisition costs

11  necessary for the purchase of any lands listed in the

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

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

14  resolution, and the department shall deposit the unused funds

15  into the Water Management Lands Trust Fund.

16         (c)  The Secretary of Environmental Protection shall

17  release acquisition moneys from the Water Management Lands

18  Trust Fund to a district following receipt of a resolution

19  adopted by the governing board identifying the lands being

20  acquired and certifying that such acquisition is consistent

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

22  The governing board shall also provide to the Secretary of

23  Environmental Protection a copy of all certified appraisals

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

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

26  appraisals are required when the estimated value of the parcel

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

28  $500,000 and differ significantly, a third appraisal may be

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

30  price, the governing board shall submit written justification

31  for the increased price. The Secretary of Environmental

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  1  Protection may withhold moneys for any purchase that is not

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

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

  4  appeal any denial to the Land and Water Adjudicatory

  5  Commission pursuant to s. 373.114.

  6         (4)(d)  The Secretary of Environmental Protection shall

  7  release to the districts moneys for management, maintenance,

  8  and capital improvements following receipt of a resolution and

  9  request adopted by the governing board which specifies the

10  designated managing agency, specific management activities,

11  public use, estimated annual operating costs, and other

12  acceptable documentation to justify release of moneys.

13         (5)  Water management land acquisition costs shall

14  include payments to owners and costs and fees associated with

15  such acquisition.

16         (5)(6)  If a district issues revenue bonds or notes

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

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

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

20  of Environmental Protection shall pay moneys from the trust

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

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

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

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

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

26  service shall be released to the district pursuant to

27  subsection (4) (3).

28         (6)(7)  Any unused portion of a district's share of the

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

30  district.  Interest earned on such portion shall also

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

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  1  acquisition, management, maintenance, and capital improvements

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

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

  4  not be reduced except by resolution of the district governing

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

  6         (7)(8)  Moneys from the Water Management Lands Trust

  7  Fund shall be allocated to the five water management districts

  8  in the following percentages:

  9         (a)  Thirty percent to the South Florida Water

10  Management District.

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

12  Management District.

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

14  Management District.

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

16  District.

17         (e)  Ten percent to the Northwest Florida Water

18  Management District.

19         (8)(9)  Each district may use its allocation under

20  subsection (7) (8) for management, maintenance, and capital

21  improvements. Capital improvements shall include, but need not

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

23  invasive exotic species, controlled burning, habitat inventory

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

25  minimal public accommodations, such as primitive campsites,

26  garbage receptacles, and toilets.

27         (9)(10)  Moneys in the fund not needed to meet current

28  obligations incurred under this section shall be transferred

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

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

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

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  1         (10)(11)  Lands titled to the governing boards of the

  2  districts shall be managed and maintained, to the extent

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

  4  public access, general public recreational purposes, and

  5  restoration and protection of their natural state and

  6  condition Lands acquired for the purposes enumerated in this

  7  section shall also be used for general public recreational

  8  purposes.  General public recreational purposes shall include,

  9  but not be limited to, fishing, hunting, horseback riding,

10  swimming, camping, hiking, canoeing, boating, diving, birding,

11  sailing, jogging, and other related outdoor activities to the

12  maximum extent possible considering the environmental

13  sensitivity and suitability of those lands.  These public

14  lands shall be evaluated for their resource value for the

15  purpose of establishing which parcels, in whole or in part,

16  annually or seasonally, would be conducive to general public

17  recreational purposes. Such findings shall be included in

18  management plans which are developed for such public lands.

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

20  purposes, unless the district governing board can demonstrate

21  that such activities would be incompatible with the purposes

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

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

24  agricultural purposes, or for any acquisition of a

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

26  agricultural purposes, the district governing board shall

27  first consider having a soil and water conservation district

28  created pursuant to chapter 582 manage and monitor such

29  interest.

30         (11)  The districts have the authority to adopt rules

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

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

  2  district-owned lands; the application and reimbursement

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

  4  for management activities; and the processes related to

  5  entering into or severing cooperative land management

  6  agreements. Any rules adopted by the water management

  7  districts pursuant to this subsection shall not become

  8  effective until ratified by the Legislature and shall be

  9  submitted to the Legislature during the 2001 Regular Session.

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

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

12  subsections (1) and (8) in any year shall be reserved annually

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

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

15  tax losses incurred as a result of governing board

16  acquisitions for water management districts under the

17  Stewardship Florida program during any year. Reserved funds

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

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

20  accordance with the provisions of this section.

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

22         1.  To all counties that have a population of 100,000

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

24  11.031.

25         2.  To all local governments located in eligible

26  counties.

27

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

29  includes municipalities, the county school board, mosquito

30  control districts, and any other local government entity which

31  levies ad valorem taxes.

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

  2  make full payments to all qualifying counties and local

  3  governments, such counties and local governments shall receive

  4  a pro rata share of the moneys available.

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

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

  7  preceding acquisition. Applications for payment in lieu of

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

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

10  made for properties which were exempt from ad valorem taxation

11  for the year immediately preceding acquisition.  If property

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

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

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

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

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

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

18  Department of Revenue those properties that may be eligible

19  under this provision. Once eligibility has been established,

20  that governmental entity shall receive 10 consecutive annual

21  payments, and no further eligibility determination shall be

22  made during that period.

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

24  subsection shall be made annually to qualifying counties and

25  local governments after certification by the Department of

26  Revenue that the amounts applied for are reasonably

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

28  eligible property, and after the water management districts

29  have provided supporting documents to the Comptroller and have

30  requested that payment be made in accordance with the

31  requirements of this section.

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

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

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

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

  5  the conveyance.

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

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

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

  9  purpose except the purchase of other lands meeting the

10  criteria specified in this section or payment of debt service

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

12  in this section.

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

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

15  any district for prior expenditures for land acquisition from

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

17  funds provided herein or to refund or refinance outstanding

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

19  than its share of the funds provided herein.

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

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

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

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

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

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

26  of lands purchased with funds allocated pursuant to s.

27  259.101(3)(b). In addition, the Northwest Florida Water

28  Management District, the South Florida Water Management

29  District, the Southwest Florida Water Management District, the

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

31  River Water Management District shall pay to qualifying

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  1  counties payments in lieu of taxes for district lands acquired

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

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

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

  5  purposes or land acquisition in accordance with this section.

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

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

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

  9  completed Preservation 2000 acquisitions in the county exceeds

10  0.01 percent of the county's total taxable value, and the

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

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

13  of critical state concern designated pursuant to chapter 380.

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

15  make full payments to all qualifying counties, such counties

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

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

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

19  immediately preceding acquisition. For lands purchased prior

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

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

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

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

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

25  made for properties which were exempt from ad valorem taxation

26  for the year immediately preceding acquisition.  Payment in

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

28  years of annual payments.

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

30  days after: certification by the Department of Revenue that

31  the amounts applied for are appropriate, certification by the

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  1  Department of Environmental Protection that funds are

  2  available, and completion of any fund transfers to the

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

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

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

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

  7  in payments shall remain in the Water Management Lands Trust

  8  Fund for purposes provided by law.

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

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

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

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

13         (13)(15)  Each district is encouraged to use volunteers

14  to provide land management and other services.  Volunteers

15  shall be covered by liability protection and workers'

16  compensation in the same manner as district employees, unless

17  waived in writing by such volunteers or unless such volunteers

18  otherwise provide equivalent insurance.

19         (14)(16)  Each water management district is authorized

20  and encouraged to enter into cooperative land management

21  agreements with state agencies or local governments to provide

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

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

24  the Internal Improvement Trust Fund, or local governments hold

25  title. Any such cooperative land management agreement must be

26  consistent with any applicable laws governing land use,

27  management duties, and responsibilities and procedures of each

28  cooperating entity. Each cooperating entity is authorized to

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

30  management on any such lands included in a cooperative land

31  management agreement.

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  1         (15)(17)  Notwithstanding any provision of this section

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

  3  governing board of a water management district may request,

  4  and the Secretary of Environmental Protection shall release

  5  upon such request, moneys allocated to the districts pursuant

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

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

  8  pursuant to this subsection until necessary debt service

  9  obligations and requirements for payments in lieu of taxes

10  that may be required pursuant to this section are provided

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

12         Section 30.  Section 375.075, Florida Statutes, is

13  amended to read:

14         375.075  Outdoor recreation; financial assistance to

15  local governments.--

16         (1)  The Department of Environmental Protection is

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

18  Recreation Development Assistance Program to provide grants to

19  qualified local governmental entities to acquire or develop

20  land for public outdoor recreation purposes. To the extent not

21  needed for debt service on bonds issued pursuant to s.

22  375.051, each fiscal year through fiscal year 2000-2001, the

23  department shall develop and plan a program which shall be

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

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

26  201.15(2) and (3) in that year.

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

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

29  limited to, a competitive project selection process designed

30  to maximize the outdoor recreation benefit to the public.

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

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

  2  outdoor recreation goals, objectives, and priorities specified

  3  in the state comprehensive outdoor recreation plan; and

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

  5  priority resource or facility needs in the region as specified

  6  in the state comprehensive outdoor recreation plan.

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

  8  Trust Fund, or from the Stewardship Florida Trust Fund

  9  beginning in fiscal year 2001-2002, for this program may be

10  made for these public recreation projects until the projects

11  have been selected through the competitive selection process

12  provided for in this section.

13         (3)  A local government may submit up to two grant

14  applications during each application period announced by the

15  department.  However, a local government may not have more

16  than three active projects expending grant funds during any

17  state fiscal year.  The maximum project grant for each project

18  application may not exceed $200,000 in state funds.

19         Section 31.  Subsection (13) of section 380.0666,

20  Florida Statutes, is amended to read:

21         380.0666  Powers of land authority.--The land authority

22  shall have all the powers necessary or convenient to carry out

23  and effectuate the purposes and provisions of this act,

24  including the following powers, which are in addition to all

25  other powers granted by other provisions of this act:

26         (13)  To identify parcels of land within the area or

27  areas of critical state concern that would be appropriate

28  acquisitions by the state from the Conservation and

29  Recreational Lands Trust Fund and recommend such acquisitions

30  to the advisory council established pursuant to s. 259.035 or

31  its successor.

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  1         Section 32.  Subsection (4) of section 380.22, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         380.22  Lead agency authority and duties.--

  4         (4)  The department shall establish a county-based

  5  process for identifying, and setting priorities for acquiring,

  6  coastal properties in coordination with the Land Acquisition

  7  and Management Advisory Council, or its successor, and the

  8  Coastal Resources Interagency Management Committee so these

  9  properties may be acquired as part of the state's land

10  acquisition programs.  This process shall include the

11  establishment of criteria for prioritizing coastal

12  acquisitions which, in addition to recognizing pristine

13  coastal properties and coastal properties of significant or

14  important environmental sensitivity, recognize hazard

15  mitigation, beach access, beach management, urban recreation,

16  and other policies necessary for effective coastal management.

17         Section 33.  Section 380.503, Florida Statutes, is

18  amended to read:

19         380.503  Definitions.--As used in ss. 380.501-380.515,

20  unless the context indicates a different meaning or intent:

21         (1)(4)  "Comprehensive plan" means a plan that meets

22  the requirements of ss. 163.3177, 163.3178, and 163.3191.

23         (2)(13)  "Department" means the Department of Community

24  Affairs.

25         (3)(2)  "Local government" means a county or

26  municipality.

27         (4)  "Metropolitan" means a population area consisting

28  of a central city with adjacent cities and smaller surrounding

29  communities: a major urban area and its environs.

30         (5)(3)  "Nonprofit organization" means any private

31  nonprofit organization, existing under the provisions of s.

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  1  501(c)(3) of the United States Internal Revenue Code, which

  2  has among its principal goals the conservation of natural

  3  resources or protection of the environment.

  4         (6)(14)  "Program" means a plan that is established or

  5  will be established by a local government to create innovative

  6  approaches that will assist in the implementation of the

  7  conservation, recreation and open space, or coastal management

  8  elements of the local comprehensive plan, such as a transfer

  9  of development rights program or an environmental or

10  recreational land acquisition program.

11         (7)(5)  "Project" means any work on, improvement to, or

12  acquisition of real property, buildings, or any other

13  property.

14         (8)(10)  "Public access project" means action taken

15  pursuant to this part to create or improve public accessways

16  to surface waters.

17         (9)(6)  "Real property" means any interest in land and

18  may also include any appurtenances and improvements to the

19  land.

20         (10)(8)  "Redevelopment project" means action taken

21  pursuant to this part to correct undesirable development

22  patterns.

23         (11)(9)  "Resource enhancement project" means action

24  taken pursuant to this part to restore, as nearly as possible,

25  degraded natural areas to their original condition or to

26  enhance the resource values of a natural area.

27         (12)  "Site reservation" means temporarily acquiring

28  and holding areas identified for public use, then transferring

29  the land to an appropriate state agency, local government, or

30  nonprofit organization for management for public use.

31

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  1         (13)(7)  "Surface waters" means publicly owned waters

  2  upon the surface of the earth, whether contained in bounds

  3  created naturally or artificially or diffused.

  4         (14)(1)  "Trust" means the Florida Communities Trust

  5  created pursuant to this part.

  6         (15)  "Urban area" means an area of or for development

  7  characterized by social, economic, and institutional

  8  activities that are predominantly based on the manufacture,

  9  production, distribution, or provision of goods and services,

10  in a setting that typically includes residential and

11  nonresidential development uses other than those

12  characteristic of rural areas.

13         (16)(15)  "Urban greenways and open space project"

14  means action taken pursuant to this part to acquire lands or

15  interest in lands to create a linear open space protected and

16  managed as part of linked conservation lands or recreational

17  opportunities in an urban area, or to preserve open space or

18  historic sites to enhance recreational and cultural

19  opportunities in an urban area.

20         (17)(11)  "Urban waterfront restoration project" means

21  action taken pursuant to this part to restore deteriorated or

22  deteriorating urban waterfronts for public use and enjoyment.

23         Section 34.  Subsection (1) of section 380.504, Florida

24  Statutes, is amended to read:

25         380.504  Florida Communities Trust; creation;

26  membership; expenses.--

27         (1)  There is created within the Department of

28  Community Affairs a nonregulatory state agency and

29  instrumentality, which shall be a public body corporate and

30  politic, known as the "Florida Communities Trust." The

31  governing body of the trust shall consist of:

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  1         (a)  The Secretary of Community Affairs and the

  2  Secretary of Environmental Protection; and

  3         (b)  Four Three public members whom the Governor shall

  4  appoint subject to Senate confirmation.

  5

  6  The Governor shall appoint a former elected official of a

  7  county local government, a former elected official of a

  8  metropolitan municipal government, a representative of a

  9  nonprofit organization as defined in this part, and a

10  representative of the development industry. The Secretary of

11  Community Affairs may designate his or her assistant secretary

12  or the director of the Division of Community Resource Planning

13  and Management to serve in his or her absence. The Secretary

14  of Environmental Protection may appoint his or her deputy

15  secretary assistant executive director, the deputy assistant

16  director for Land Resources, the director of the Division of

17  State Lands, or the director of the Division of Recreation and

18  Parks to serve in his or her absence. The Secretary of

19  Community Affairs shall be the chair of the governing body of

20  the trust. The Governor shall make his or her appointments

21  upon the expiration of any current terms or within 60 days

22  after the effective date of the resignation of any member.

23         Section 35.  Section 380.505, Florida Statutes, is

24  amended to read:

25         380.505  Meetings; quorum; voting.--The powers of the

26  trust shall be vested in its governing body members.  The

27  governing body may delegate such powers to department staff as

28  it deems necessary.  Four Three members of the governing body

29  shall constitute a quorum for the purpose of conducting its

30  business and exercising its powers and for all other purposes.

31  However, the governing body may take action only upon an

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  1  affirmative vote of at least four three members.  The

  2  governing body shall meet at least quarterly, and may meet

  3  more often at the call of the chair or upon an affirmative

  4  vote of three members.

  5         Section 36.  Subsections (4) and (11) of section

  6  380.507, Florida Statutes, are amended to read:

  7         380.507  Powers of the trust.--The trust shall have all

  8  the powers necessary or convenient to carry out the purposes

  9  and provisions of this part, including:

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

11  property or any interest therein when necessary or appropriate

12  to protect the natural environment, provide public access or

13  public recreational facilities, preserve wildlife habitat

14  areas, provide access for managing acquired lands, or

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

16  acquires land for permanent state ownership, title to such

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

18  Improvement Trust Fund; otherwise, title to property acquired

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

20  name of the local government. Notwithstanding any other

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

22  to purchase lands included in projects approved according to

23  this part, when necessary to reserve lands during the

24  preparation of project plans and during acquisition

25  proceedings. The consideration for an option shall not exceed

26  $100,000.

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

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

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

30  adopt rules governing the acquisition of lands by local

31  governments or the trust using proceeds from the Preservation

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  1  2000 Trust Fund and the Stewardship Florida Trust Fund,

  2  consistent with the intent expressed in the Stewardship

  3  Florida Act. Such rules must include, but are not limited to,

  4  procedures for appraisals and confidentiality consistent with

  5  ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method

  6  of determining a maximum purchase price, and procedures to

  7  assure that the land is acquired in a voluntarily negotiated

  8  transaction, surveyed, conveyed with marketable title, and

  9  examined for hazardous materials contamination. Land

10  acquisition procedures of a local land authority created

11  pursuant to s. 380.0663 or s. 380.0677 may shall be used for

12  the land acquisition programs described by ss. s.

13  259.101(3)(c) and 259.105 if within areas of critical state

14  concern designated pursuant to s. 380.05, subject to approval

15  of the trust.

16         Section 37.  Subsection (7) of section 380.510, Florida

17  Statutes, is amended to read:

18         380.510  Conditions of grants and loans.--

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

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

21  the Stewardship Florida Trust Fund pursuant to s.

22  259.105(3)(c) shall be held separate and apart from any other

23  funds held by the trust and shall be used only to pay the cost

24  of the acquisition of lands by a local government or the state

25  for the purposes of this part. Such funds may not be used to

26  pay for a redevelopment project or an urban waterfront

27  restoration project or for site reservation except to acquire

28  lands to help implement the goals, objectives, and policies of

29  the coastal, the conservation, or recreation and open space

30  elements of the local comprehensive plan.  In addition to the

31  other conditions set forth in this section, the disbursement

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  1  of Preservation 2000 and Stewardship Florida funds from the

  2  trust shall be subject to the following conditions:

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

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

  5  Stewardship Florida Trust Fund shall be subject to such terms

  6  and conditions imposed thereon by the agency of the state

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

  8  deposited in the Preservation 2000 Trust Fund and the

  9  Stewardship Florida Trust Fund, including restrictions imposed

10  to ensure that the interest on any such revenue bonds issued

11  by the state as tax-exempt revenue bonds will not be included

12  in the gross income of the holders of such bonds for federal

13  income tax purposes.

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

15  property acquired with funds received by the trust from the

16  Preservation 2000 Trust Fund shall contain such covenants and

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

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

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

20  respect to any real property acquired with funds received by

21  the trust from the Stewardship Florida Trust Fund shall

22  contain such covenants and restrictions as are sufficient to

23  ensure that the use of such real property at all times

24  complies with s. 11(e), Art. VII of the State Constitution.

25  Each deed or lease shall contain a reversion, conveyance, or

26  termination clause that will vest title in the Board of

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

28  covenants or restrictions are violated by the titleholder or

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

30  titleholder or leaseholder.

31

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  1         Section 38.  Subsections (5) and (6) of section

  2  420.5092, Florida Statutes, are amended to read:

  3         420.5092  Florida Affordable Housing Guarantee

  4  Program.--

  5         (5)  Pursuant to s. 16, Art. VII of the State

  6  Constitution, the corporation may issue, in accordance with s.

  7  420.509, revenue bonds of the corporation to establish the

  8  guarantee fund.  Such revenue bonds shall be primarily payable

  9  from and secured by annual debt service reserves, from

10  interest earned on funds on deposit in the guarantee fund,

11  from fees, charges, and reimbursements established by the

12  corporation for the issuance of affordable housing guarantees,

13  and from any other revenue sources received by the corporation

14  and deposited by the corporation into the guarantee fund for

15  the issuance of affordable housing guarantees.  To the extent

16  such primary revenue sources are considered insufficient by

17  the corporation, pursuant to the certification provided in

18  subsection (6), to fully fund the annual debt service reserve,

19  the certified deficiency in such reserve shall be additionally

20  payable from the first proceeds of the documentary stamp tax

21  moneys deposited into the State Housing Trust Fund pursuant to

22  s. 201.15(8)(6)(a) and (9)(7)(a) during the ensuing state

23  fiscal year.

24         (6)(a)  If the primary revenue sources to be used for

25  repayment of revenue bonds used to establish the guarantee

26  fund are insufficient for such repayment, the annual principal

27  and interest due on each series of revenue bonds shall be

28  payable from funds in the annual debt service reserve.  The

29  corporation shall, before June 1 of each year, perform a

30  financial audit to determine whether at the end of the state

31  fiscal year there will be on deposit in the guarantee fund an

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  1  annual debt service reserve from interest earned pursuant to

  2  the investment of the guarantee fund, fees, charges, and

  3  reimbursements received from issued affordable housing

  4  guarantees and other revenue sources available to the

  5  corporation. Based upon the findings in such guarantee fund

  6  financial audit, the corporation shall certify to the

  7  Comptroller the amount of any projected deficiency in the

  8  annual debt service reserve for any series of outstanding

  9  bonds as of the end of the state fiscal year and the amount

10  necessary to maintain such annual debt service reserve. Upon

11  receipt of such certification, the Comptroller shall transfer

12  to the annual debt service reserve, from the first available

13  taxes distributed to the State Housing Trust Fund pursuant to

14  s. 201.15(8)(6)(a) and (9)(7)(a) during the ensuing state

15  fiscal year, the amount certified as necessary to maintain the

16  annual debt service reserve.

17         (b)  If the claims payment obligations under affordable

18  housing guarantees from amounts on deposit in the guarantee

19  fund would cause the claims paying rating assigned to the

20  guarantee fund to be less than the third-highest rating

21  classification of any nationally recognized rating service,

22  which classifications being consistent with s. 215.84(3) and

23  rules adopted thereto by the State Board of Administration,

24  the corporation shall certify to the Comptroller the amount of

25  such claims payment obligations. Upon receipt of such

26  certification, the Comptroller shall transfer to the guarantee

27  fund, from the first available taxes distributed to the State

28  Housing Trust Fund pursuant to s. 201.15(8)(6)(a) and

29  (9)(7)(a) during the ensuing state fiscal year, the amount

30  certified as necessary to meet such obligations, such transfer

31  to be subordinate to any transfer referenced in paragraph (a)

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  1  and not to exceed 50 percent of the amounts distributed to the

  2  State Housing Trust Fund pursuant to s. 201.15(8)(6)(a) and

  3  (9)(7)(a) during the preceding state fiscal year.

  4         Section 39.  Section 420.9073, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         420.9073  Local housing distributions.--

  7         (1)  Distributions calculated in this section shall be

  8  disbursed on a monthly basis by the agency beginning the first

  9  day of the month after program approval pursuant to s.

10  420.9072.  Each county's share of the funds to be distributed

11  from the portion of the funds in the Local Government Housing

12  Trust Fund received pursuant to s. 201.15(8)(6) shall be

13  calculated by the agency for each fiscal year as follows:

14         (a)  Each county other than a county that has

15  implemented the provisions of chapter 83-220, Laws of Florida,

16  as amended by chapters 84-270, 86-152, and 89-252, Laws of

17  Florida, shall receive the guaranteed amount for each fiscal

18  year.

19         (b)  Each county other than a county that has

20  implemented the provisions of chapter 83-220, Laws of Florida,

21  as amended by chapters 84-270, 86-152, and 89-252, Laws of

22  Florida, may receive an additional share calculated as

23  follows:

24         1.  Multiply each county's percentage of the total

25  state population excluding the population of any county that

26  has implemented the provisions of chapter 83-220, Laws of

27  Florida, as amended by chapters 84-270, 86-152, and 89-252,

28  Laws of Florida, by the total funds to be distributed.

29         2.  If the result in subparagraph 1. is less than the

30  guaranteed amount as determined in subsection (3), that

31  county's additional share shall be zero.

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  1         3.  For each county in which the result in subparagraph

  2  1. is greater than the guaranteed amount as determined in

  3  subsection (3), the amount calculated in subparagraph 1. shall

  4  be reduced by the guaranteed amount.  The result for each such

  5  county shall be expressed as a percentage of the amounts so

  6  determined for all counties.  Each such county shall receive

  7  an additional share equal to such percentage multiplied by the

  8  total funds received by the Local Government Housing Trust

  9  Fund pursuant to s. 201.15(8)(6) reduced by the guaranteed

10  amount paid to all counties.

11         (2)  Effective July 1, 1995, distributions calculated

12  in this section shall be disbursed on a monthly basis by the

13  agency beginning the first day of the month after program

14  approval pursuant to s. 420.9072.  Each county's share of the

15  funds to be distributed from the portion of the funds in the

16  Local Government Housing Trust Fund received pursuant to s.

17  201.15(9)(7) shall be calculated by the agency for each fiscal

18  year as follows:

19         (a)  Each county shall receive the guaranteed amount

20  for each fiscal year.

21         (b)  Each county may receive an additional share

22  calculated as follows:

23         1.  Multiply each county's percentage of the total

24  state population, by the total funds to be distributed.

25         2.  If the result in subparagraph 1. is less than the

26  guaranteed amount as determined in subsection (3), that

27  county's additional share shall be zero.

28         3.  For each county in which the result in subparagraph

29  1. is greater than the guaranteed amount, the amount

30  calculated in subparagraph 1. shall be reduced by the

31  guaranteed amount.  The result for each such county shall be

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  1  expressed as a percentage of the amounts so determined for all

  2  counties.  Each such county shall receive an additional share

  3  equal to this percentage multiplied by the total funds

  4  received by the Local Government Housing Trust Fund pursuant

  5  to s. 201.15(9)(7) as reduced by the guaranteed amount paid to

  6  all counties.

  7         (3)  Calculation of guaranteed amounts:

  8         (a)  The guaranteed amount under subsection (1) shall

  9  be calculated for each state fiscal year by multiplying

10  $350,000 by a fraction, the numerator of which is the amount

11  of funds distributed to the Local Government Housing Trust

12  Fund pursuant to s. 201.15(8)(6) and the denominator of which

13  is the total amount of funds distributed to the Local

14  Government Housing Trust Fund pursuant to s. 201.15.

15         (b)  The guaranteed amount under subsection (2) shall

16  be calculated for each state fiscal year by multiplying

17  $350,000 by a fraction, the numerator of which is the amount

18  of funds distributed to the Local Government Housing Trust

19  Fund pursuant to s. 201.15(9)(7) and the denominator of which

20  is the total amount of funds distributed to the Local

21  Government Housing Trust Fund pursuant to s. 201.15.

22         (4)  Funds distributed pursuant to this section may not

23  be pledged to pay debt service on any bonds.

24         Section 40.  Section 253.787, Florida Statutes, is

25  repealed.

26         Section 41.  Effective July 1, 2000, section 259.035,

27  Florida Statutes, 1998 Supplement, and section 259.07, Florida

28  Statutes, are repealed.

29         Section 42.  Stewardship Florida Study Commission.--

30         (1)(a)  There is hereby created the Stewardship Florida

31  Study Commission, consisting of 11 members. The Governor shall

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  1  appoint five members and the President of the Senate and the

  2  Speaker of the House of Representatives shall each appoint

  3  three members. The membership of the commission shall reflect

  4  a broad range of interests and expertise related to land

  5  restoration, acquisition, and management and shall include,

  6  but not be limited to, persons with training in hydrogeology,

  7  wildlife biology, engineering, real estate, and forestry

  8  management, and persons with substantial expertise

  9  representing environmental interests, agricultural and

10  silvicultural interests, outdoor recreational interests, and

11  land development interests.

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

13  and travel expenses, as provided in s. 112.061, Florida

14  Statutes, while carrying out the official business of the

15  commission.

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

17  director and other personnel who are appointed by the

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

19  Florida Statutes, relating to the Career Service System.

20         (d)  The commission is assigned, for administrative

21  purposes, to the Executive Office of the Governor.

22         (e)  Appointments shall be made by August 15, 1999, and

23  the commission's first meeting shall be held by September 15,

24  1999. The commission shall exist until December 31, 2000. The

25  Governor shall designate, from among the appointees, the chair

26  of the commission.

27         (2)  The Stewardship Florida Study Commission shall:

28         (a)  Provide a report to the Acquisition and

29  Restoration Commission, by September 1, 2000, which meets the

30  following requirements:

31

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  1         1.  Establishes specific goals for those identified in

  2  s. 259.105(4), Florida Statutes.

  3         2.  Provides recommendations expanding or refining the

  4  goals identified in s. 259.105(4), Florida Statutes.

  5         3.  Provides recommendations for the development and

  6  identification of performance measures to be used for

  7  analyzing the progress made towards the goals established

  8  pursuant to s. 259.105(4), Florida Statutes.

  9         (b)  The report shall be based on the following:

10         1.  Comments received during a minimum of four public

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

12  purpose of gathering public input and recommendations.

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

14  acquisition programs for conservation, preservation, and

15  recreational purposes, including those administered by the

16  water management districts, to determine the extent of

17  Florida's unmet needs for restoration, acquisition, and

18  management of public lands and water areas and for acquisition

19  of privately owned lands and water areas.

20         3.  Material and data developed by the Florida Natural

21  Areas Inventory concerning Florida's conservation lands.

22         (3)  There is hereby appropriated the sum of $125,000

23  from the Conservation and Recreation Lands Trust Fund and the

24  sum of $125,000 from the Water Management Lands Trust Fund to

25  the Executive Office of the Governor for fiscal year 1999-2000

26  to fund the administrative expenses of the Stewardship Florida

27  Study Commission.

28         Section 43.  Except as otherwise provided herein, this

29  act shall take effect July 1, 1999.

30

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the "Stewardship Florida Act" to replace the
  4    "Florida Preservation 2000 Act" and provide for
      continuation of the state's land acquisition and
  5    management programs. Creates the Acquisition and
      Restoration Commission to assist the Board of Trustees of
  6    the Internal Improvement Trust Fund in Stewardship
      Florida project selection, and to succeed the Land
  7    Acquisition and Management Advisory Council on July 1,
      2000. Provides for issuance of Stewardship Florida bonds
  8    and for payment of debt service on Preservation 2000 and
      Stewardship Florida bonds. Specifies goals, criteria,
  9    distribution, and uses of Stewardship Florida funding.
      Provides project application and selection procedures,
10    and provides for certain involvement by the water
      management districts in project development and ranking.
11    Revises provisions relating to payment in lieu of taxes.
      Revises requirements relating to the disposition of
12    surplus lands. Provides for alternatives to fee simple
      acquisitions. Creates the Florida Greenways and Trails
13    Council to replace the Florida Recreational Trails
      Council and the Florida Greenways Coordinating Council.
14    Revises composition and operations of the Florida
      Communities Trust. Creates the Stewardship Florida Study
15    Commission to assist the commission in the development of
      Stewardship Florida goals, and provides an appropriation
16    for the study commission. See bill for details.

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