House Bill 2021c2

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    Florida House of Representatives - 1999          CS/CS/HB 2021

        By the Committees on General Government Appropriations,
    Water & Resource Management, 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         provisions relating to distribution of certain

  5         documentary stamp tax revenues; providing

  6         limitations; providing for legislative review;

  7         providing certain future distributions;

  8         amending ss. 161.05301 and 161.091, F.S.;

  9         correcting cross references; creating s.

10         215.618, F.S.; providing for the issuance of

11         Stewardship Florida bonds; providing

12         limitations; providing procedures and

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

14         correcting a cross reference; amending s.

15         253.027, F.S.; providing for the reservation of

16         funds; revising the criteria for expenditures

17         for archaeological property to include lands on

18         the acquisition list for the Stewardship

19         Florida program; amending s. 253.03, F.S.;

20         providing certain structures entitled to

21         continue sovereignty submerged lands leases;

22         amending s. 253.034, F.S.; providing for the

23         use of state-owned lands; providing for the

24         sale of surplus state lands; amending s.

25         253.7825, F.S.; revising acreage requirements

26         for a horse park-agricultural center; amending

27         s. 259.03; F.S.; deleting obsolete definitions;

28         providing new definitions; amending s. 259.032,

29         F.S.; providing legislative intent; specifying

30         certain uses of funds from the Conservation and

31         Recreation Lands Trust Fund; revising

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  1         provisions relating to individual land

  2         management plans; revising eligibility for

  3         payment in lieu of taxes; deleting obsolete

  4         language; revising timeframe for removal of

  5         certain projects from a priority list; creating

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

  7         Restoration Commission; specifying membership

  8         and duties; providing for compensation;

  9         authorizing adoption of rules; providing for

10         per diem and travel expenses; amending s.

11         259.035, F.S.; correcting a cross reference;

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

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

14         language and cross references; amending s.

15         259.041, F.S.; providing procedures and

16         guidelines for land acquisition; providing

17         legislative intent and guidelines for use of

18         less than fee land acquisition alternatives;

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

20         redistribution for certain unencumbered P2000

21         funds; conforming language and cross

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

23         the Stewardship Florida Act; providing

24         legislative findings and intent; providing for

25         issuing bonds; providing for distribution and

26         use of bond proceeds; providing project goals

27         and selection criteria; providing application

28         and selection procedures; authorizing certain

29         uses of acquired lands; authorizing adoption of

30         rules, subject to legislative review;

31         authorizing contractual arrangements to manage

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  1         lands identified for acquisition under

  2         Stewardship Florida program; amending s.

  3         260.012, F.S.; clarifying legislative intent

  4         relating to the statewide system of greenways

  5         and trails; amending s. 260.013, F.S.;

  6         clarifying a definition; amending s. 260.014,

  7         F.S.; including waterways in the statewide

  8         system of greenways and trails; creating s.

  9         260.0142, F.S.; creating the Florida Greenways

10         and Trails Council within the Department of

11         Environmental Protection; providing for

12         membership, powers, and duties; amending s.

13         260.016, F.S.; revising powers of the

14         Department of Environmental Protection with

15         respect to greenways and trails; deleting

16         reference to the Florida Recreational Trails

17         Council; amending s. 260.018, F.S., to conform

18         to the act; amending s. 288.1224, F.S.;

19         providing conforming language; providing

20         exceptions to the designation process for

21         certain recreational trails; amending s.

22         369.252, F.S.; providing for the use of certain

23         funds from the Aquatic Plant Control Trust

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

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

26         providing procedure for the surplusing of water

27         management district lands; amending s. 373.139,

28         F.S.; revising authority and requirements for

29         acquisition and disposition of lands by the

30         water management districts; requiring a 5-year

31         plan of acquisition and management activities;

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  1         providing procedures and requirements for

  2         purchase and funding; requiring an annual

  3         report; providing district rulemaking

  4         authority, subject to legislative review;

  5         creating s. 373.199, F.S.; providing duties of

  6         the water management districts in assisting the

  7         Acquisition and Restoration Commission;

  8         requiring development of recommended project

  9         lists; specifying required information;

10         amending s. 373.59, F.S.; revising authorized

11         uses of funds from the Water Management Lands

12         Trust Fund; providing district rulemaking

13         authority, subject to legislative review;

14         revising eligibility criteria for payment in

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

16         revising funding and procedures for the Florida

17         Recreation Development Assistance Program;

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

19         providing conforming language; amending s.

20         380.503, F.S.; providing definitions; amending

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

22         the Florida Communities Trust; amending s.

23         380.505, F.S.; revising quorum requirements;

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

25         titling of certain acquired property to a local

26         government; revising rulemaking authority;

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

28         and restrictions for certain property,

29         necessary to comply with constitutional

30         requirements; amending ss. 420.5092 and

31         420.9073, F.S.; correcting cross references;

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

  2         Florida Greenways Coordinating Council;

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

  4         Land Acquisition and Management Advisory

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

  6         public meetings of the council; creating the

  7         Stewardship Florida Study Commission; providing

  8         membership and duties; providing an

  9         appropriation; providing effective dates.

10

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

12

13         Section 1.  Section 201.15, Florida Statutes, 1998

14  Supplement, is amended to read:

15         201.15  Distribution of taxes collected.--All taxes

16  collected under this chapter shall be distributed as follows

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

18  215.20(1), except that such service charge shall not be levied

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

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

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

22  distributed as follows:

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

24  the remaining taxes collected under this chapter shall be used

25  for the following purposes:

26         (a)  Amounts Subject to the maximum amount limitations

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

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

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

30  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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  1  issued pursuant to s. 375.051 and payable from moneys

  2  transferred to the Land Acquisition Trust Fund pursuant to

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

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

  5  purposes. The amount transferred to the Land Acquisition Trust

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

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

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

  9  1995-1996, $210 million in fiscal year 1996-1997, $240 million

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

11  1998-1999, and $300 million in fiscal year 1999-2000 and

12  thereafter for Preservation 2000 bonds and bonds issued to

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

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

15  The annual amount transferred to the Land Acquisition Trust

16  Fund for Stewardship Florida bonds shall not exceed $30

17  million in the first fiscal year in which bonds are issued.

18  The limitation on the amount transferred shall be increased by

19  an additional $30 million in each subsequent fiscal year in

20  which bonds are authorized to be issued, but shall not exceed

21  a total of $300 million in any fiscal year for all bonds

22  issued. It is the intent of the Legislature that all bonds

23  issued to fund the Stewardship Florida Act be retired by

24  December 31, 2030. Except for bonds issued to refund

25  previously issued bonds, no individual series of bonds may be

26  issued pursuant to this paragraph unless such bonds are

27  approved and the first year's debt service for such bonds is

28  specifically appropriated in the General Appropriations Act.

29  For purposes of refunding Preservation 2000 bonds, amounts

30  designated within this section for Preservation 2000 and

31  Stewardship Florida bonds may be transferred between the two

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  1  programs to the extent provided for in the documents

  2  authorizing the issuance of the bonds. The Preservation 2000

  3  bonds and Stewardship Florida bonds shall be equally and

  4  ratably secured by moneys distributable to the Land

  5  Acquisition Trust Fund pursuant to this section, except to the

  6  extent specifically provided otherwise by the documents

  7  authorizing the issuance of the bonds. No moneys transferred

  8  to the Land Acquisition Trust Fund pursuant to this paragraph,

  9  or earnings thereon, shall be used or made available to pay

10  debt service on the Save Our Coast revenue bonds.

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

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

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

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

15  for which funds deposited in the Land Acquisition Trust Fund

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

17  continue until the cumulative amount credited to the Land

18  Acquisition Trust Fund for the fiscal year under this

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

20  current official forecast for distributions of taxes collected

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

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

23  recent forecast as determined by the Revenue Estimating

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

25  changes after payments under this paragraph have ended during

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

27  paragraph during the fiscal year.

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

29  this subsection, after the required payments under paragraph

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

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

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

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

  3  Ecosystem Management and Restoration Trust Fund as provided in

  4  subsection (8).

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

  6  remaining taxes collected under this chapter shall be used for

  7  the following purposes:

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

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

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

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

12  the purposes for which the General Revenue Fund was created

13  and exists by law or to the Ecosystem Management and

14  Restoration Trust Fund as provided in subsection (8). Payments

15  made under this paragraph shall continue until the cumulative

16  amount credited to the General Revenue Fund for the fiscal

17  year under this paragraph equals the cumulative payments made

18  under paragraph (1)(b) for the same fiscal year.

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

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

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

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

23  which funds deposited in the Land Acquisition Trust Fund may

24  lawfully be used.

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

26  remaining taxes collected under this chapter shall be paid

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

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

29  this section shall be used for the following purposes:

30

31

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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)  Five and eighty-four hundredths percent of the

  8  remaining taxes collected under this chapter shall be paid

  9  into the State Treasury to the credit of the Water Management

10  Lands Trust Fund. Sums deposited in that fund may be used for

11  any purpose authorized in s. 373.59.

12         (5)  Five and eighty-four hundredths percent of the

13  remaining taxes collected under this chapter shall be paid

14  into the State Treasury to the credit of the Conservation and

15  Recreation Lands Trust Fund to carry out the purposes set

16  forth in s. 259.032.

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

18  remaining taxes collected under this chapter shall be paid

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

20  Trust Fund and shall be used as follows:

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

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

23  by law.

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

25  Treasury to the credit of the Local Government Housing Trust

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

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

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

29  remaining taxes collected under this chapter shall be paid

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

31  Trust Fund and shall be used as follows:

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

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

  3  by the Department of Community Affairs and by the Florida

  4  Housing Finance Agency for the purposes for which the State

  5  Housing Trust Fund was created and exists by law.

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

  7  shall be distributed to the Local Government Housing Trust

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

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

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

11  and local services to assist the homeless.

12         (8)  From the moneys specified in paragraphs (1)(b)(c)

13  and (2)(a) and prior to deposit of any moneys into the General

14  Revenue Fund, $10 million shall be paid into the State

15  Treasury to the credit of the Ecosystem Management and

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

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

18  2000-2001 and each fiscal year thereafter, to be used for the

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

20  ss. 161.091-161.212.

21         (9)  The Department of Revenue may use the payments

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

23  (2)(b) and subsections (3), (4), (5), (6), and (7) to pay the

24  costs of the collection and enforcement of the tax levied by

25  this chapter. The percentage of such costs which may be

26  assessed against a trust fund is a ratio, the numerator of

27  which is payments credited to that trust fund under this

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

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

30  (3), (4), (5), (6), and (7).

31

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  1         (10)  The distribution of proceeds deposited into the

  2  Water Management Lands Trust Fund and the Conservation and

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

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

  5  for preacquisition costs associated with land purchases.  The

  6  Legislature intends that the Stewardship Florida program

  7  supplant the acquisition programs formerly authorized under

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

  9  the Legislature, the Acquisition and Restoration Commission

10  shall review and make recommendations to the Legislature

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

12  recommendations, the Legislature shall review the need to

13  repeal this provision during the 2005 Regular Session.

14         Section 2.  Effective July 1, 2001, section 201.15,

15  Florida Statutes, 1998 Supplement, as amended by this act, is

16  amended to read:

17         201.15  Distribution of taxes collected.--All taxes

18  collected under this chapter shall be distributed as follows

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

20  215.20(1), except that such service charge shall not be levied

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

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

23  required to pay any amounts relating to the bonds:

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

25  the remaining taxes collected under this chapter shall be used

26  for the following purposes:

27         (a)  Amounts as shall be necessary to pay the debt

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

29  obligations, or other amounts with respect to Preservation

30  2000 bonds issued pursuant to s. 375.051 and Stewardship

31  Florida bonds issued pursuant to s. 215.618, shall be paid

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

  2  Trust Fund to be used for such purposes. The amount

  3  transferred to the Land Acquisition Trust Fund for such

  4  purposes shall not exceed $300 million in fiscal year

  5  1999-2000 and thereafter for Preservation 2000 bonds and bonds

  6  issued to refund Preservation 2000 bonds, and $300 million in

  7  fiscal year 2000-2001 and thereafter for Stewardship Florida

  8  bonds. The annual amount transferred to the Land Acquisition

  9  Trust Fund for Stewardship Florida bonds shall not exceed $30

10  million in the first fiscal year in which bonds are issued.

11  The limitation on the amount transferred shall be increased by

12  an additional $30 million in each subsequent fiscal year in

13  which bonds are authorized to be issued, but shall not exceed

14  a total of $300 million in any fiscal year for all bonds

15  issued. It is the intent of the Legislature that all bonds

16  issued to fund the Stewardship Florida Act be retired by

17  December 31, 2030. Except for bonds issued to refund

18  previously issued bonds, no series of bonds may be issued

19  pursuant to this paragraph unless such bonds are approved and

20  the first year's debt service for such bonds is specifically

21  appropriated in the General Appropriations Act.  For purposes

22  of refunding Preservation 2000 bonds, amounts designated

23  within this section for Preservation 2000 and Stewardship

24  Florida bonds may be transferred between the two programs to

25  the extent provided for in the documents authorizing the

26  issuance of the bonds. The Preservation 2000 bonds and

27  Stewardship Florida bonds shall be equally and ratably secured

28  by moneys distributable to the Land Acquisition Trust Fund

29  pursuant to this section, except to the extent specifically

30  provided otherwise by the documents authorizing the issuance

31  of the bonds. No moneys transferred to the Land Acquisition

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  1  Trust Fund pursuant to this paragraph, or earnings thereon,

  2  shall be used or made available to pay debt service on the

  3  Save Our Coast revenue bonds.

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

  5  subsection, after the required payments under paragraph (a),

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

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

  8  the purposes for which the General Revenue Fund was created

  9  and exists by law or to the Ecosystem Management and

10  Restoration Trust Fund as provided in subsection (11) (8).

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

12  remaining taxes collected under this chapter shall be used for

13  the following purposes:

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

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

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

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

18  the purposes for which the General Revenue Fund was created

19  and exists by law or to the Ecosystem Management and

20  Restoration Trust Fund as provided in subsection (11) (8).

21  Payments made under this paragraph shall continue until the

22  cumulative amount credited to the General Revenue Fund for the

23  fiscal year under this paragraph equals the cumulative

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

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

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

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

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

29  which funds deposited in the Land Acquisition Trust Fund may

30  lawfully be used.

31

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

  2  remaining taxes collected under this chapter shall be paid

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

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

  5  this section shall be used for the following purposes:

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

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

  8  to acquire coastal lands; and

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

10  develop and manage lands acquired with moneys from the Land

11  Acquisition Trust Fund.

12         (4)  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 Water Management Lands Trust Fund. Sums deposited in that

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

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

18  hundredths percent of the remaining taxes collected under this

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

20  the Conservation and Recreation Lands Trust Fund to carry out

21  the purposes set forth in s. 259.032.

22         (6)  Two and twenty-eight hundredths percent of the

23  remaining taxes collected under this chapter shall be paid

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

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

26  369.22 and 369.252.

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

28  collected under this chapter shall be paid into the State

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

30  exclusively for the purpose of implementing the Lake

31  Restoration 2020 Program.

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  1         (8)  One-half of one percent of the remaining taxes

  2  collected under this chapter shall be paid into the State

  3  Treasury and divided equally to the credit of the Department

  4  of Environmental Protection Grants and Donations Trust Fund to

  5  address water quality impacts associated with nonagricultural

  6  nonpoint sources and to the credit of Department of

  7  Agriculture and Consumer Services General Inspection Trust

  8  Fund to address water quality impacts associated with

  9  agricultural nonpoint sources, respectively.  These funds

10  shall be used for research, development, demonstration, and

11  implementation of suitable best management practices or other

12  measures used to achieve water quality standards in surface

13  waters and water segments identified pursuant to ss. 303(d) of

14  the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et

15  seq.  Implementation of best management practices and other

16  measures may include cost-share grants, technical assistance,

17  implementation tracking, and conservation leases or other

18  agreements for water quality improvement.

19         (9)(6)  Seven and fifty-three hundredths percent of the

20  remaining taxes collected under this chapter shall be paid

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

22  Trust Fund and shall be used as follows:

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

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

25  by law.

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

27  Treasury to the credit of the Local Government Housing Trust

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

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

30         (10)(7)  Eight and sixty-six hundredths percent of the

31  remaining taxes collected under this chapter shall be paid

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

  2  Trust Fund and shall be used as follows:

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

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

  5  by the Department of Community Affairs and by the Florida

  6  Housing Finance Agency for the purposes for which the State

  7  Housing Trust Fund was created and exists by law.

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

  9  shall be distributed to the Local Government Housing Trust

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

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

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

13  and local services to assist the homeless.

14         (11)(8)  From the moneys specified in paragraphs (1)(b)

15  and (2)(a) and prior to deposit of any moneys into the General

16  Revenue Fund, $10 million shall be paid into the State

17  Treasury to the credit of the Ecosystem Management and

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

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

20  2000-2001 and each fiscal year thereafter, to be used for the

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

22  ss. 161.091-161.212.

23         (12)(9)  The Department of Revenue may use the payments

24  credited to trust funds pursuant to paragraphs (1)(a) and

25  (2)(b) and subsections (3), (4), (5), (6), and (7), (8), (9),

26  and (10) to pay the costs of the collection and enforcement of

27  the tax levied by this chapter. The percentage of such costs

28  which may be assessed against a trust fund is a ratio, the

29  numerator of which is payments credited to that trust fund

30  under this section and the denominator of which is the sum of

31

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  1  payments made under paragraphs (1)(a) and (2)(b) and

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

  3         (13)(10)  The distribution of proceeds deposited into

  4  the Water Management Lands Trust Fund and the Conservation and

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

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

  7  for preacquisition costs associated with land purchases.  The

  8  Legislature intends that the Stewardship Florida program

  9  supplant the acquisition programs formerly authorized under

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

11  the Legislature, the Acquisition and Restoration Commission

12  shall review and make recommendations to the Legislature

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

14  recommendations, the Legislature shall review the need to

15  repeal this provision during the 2005 Regular Session.

16         Section 3.  Effective July 1, 2001, subsection (1) of

17  section 161.05301, Florida Statutes, 1998 Supplement, is

18  amended to read:

19         161.05301  Beach erosion control project staffing;

20  coastal construction building codes review.--

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

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

23  year 1998-1999 from the Ecosystem Management and Restoration

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

25  201.15(11)(8).  These positions and funding are provided to

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

27  and promote enhanced beach erosion control project

28  administration.  Such staffing resources shall be directed

29  toward more efficient contract development and oversight,

30  promoting cost-sharing strategies and regional coordination or

31  projects among local governments, providing assistance to

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  1  local governments to ensure timely permit review, and

  2  improving billing review and disbursement processes.

  3         Section 4.  Effective July 1, 2001, subsection (3) of

  4  section 161.091, Florida Statutes, 1998 Supplement, is amended

  5  to read:

  6         161.091  Beach management; funding; repair and

  7  maintenance strategy.--

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

  9  161.088 and the legislative finding that erosion of the

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

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

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

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

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

15  the credit of the Ecosystem Management and Restoration Trust

16  Fund, in the annual amounts provided in s. 201.15(11)(8),

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

18  the development, implementation, and administration of the

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

20  161.091-161.212, prior to the use of such funds deposited

21  pursuant to s. 201.15(11)(8) in that trust fund for any other

22  purpose.

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, not to

28  exceed $3 billion, to finance or refinance the cost of

29  acquisition and improvement of land, water areas, and related

30  property interests and resources, in urban and rural settings,

31  for the purposes of restoration, conservation, recreation,

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  1  water resource development, or historical preservation, and

  2  for capital improvements to lands and water areas that

  3  accomplish environmental restoration, enhance public access

  4  and recreational enjoyment, promote long-term management

  5  goals, and facilitate water resource development is hereby

  6  authorized, subject to the provisions of s. 259.105 and

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

  8  Stewardship Florida bonds may also be issued to refund

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

10  duration of each series of Stewardship Florida bonds issued

11  may not exceed 20 annual maturities. Preservation 2000 bonds

12  and Stewardship Florida bonds shall be equally and ratably

13  secured by moneys distributable to the Land Acquisition Trust

14  Fund pursuant to s. 201.15(1)(a), except to the extent

15  specifically provided otherwise by the documents authorizing

16  the issuance of the bonds.

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

18  Stewardship Florida bonds and Preservation 2000 bonds that it

19  will not take any action which will materially and adversely

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

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

22  portion of documentary stamp taxes distributable to the Land

23  Acquisition Trust Fund for payment of debt service on

24  Preservation 2000 bonds or Stewardship Florida bonds.

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

26  payable from taxes distributable to the Land Acquisition Trust

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

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

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

30         (4)  The Department of Environmental Protection shall

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

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  1  Administration to issue the Stewardship Florida bonds

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

  3  issue such bonds pursuant to the State Bond Act.

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

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

  6  costs of funding reserve accounts, and other costs with

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

  8  Florida Trust Fund. The bond proceeds deposited into the

  9  Stewardship Florida Trust Fund shall be distributed by the

10  Department of Environmental Protection as provided in s.

11  259.105.

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

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

14  recreated the Land Acquisition Trust Fund which shall be a

15  continuation of the Land Acquisition Trust Fund which exists

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

17  Constitution. The Land Acquisition Trust Fund shall continue

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

19  9(a)(1), Art. XII of the State Constitution, pursuant to the

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

21  Constitution and shall continue for so long as Preservation

22  2000 bonds or Stewardship Florida bonds are outstanding and

23  secured by taxes distributable thereto.

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

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

26  related property interests acquired or improved with proceeds

27  of Stewardship Florida bonds which would cause all or any

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

29  from gross income for federal income tax purposes.

30         (8)  The initial series of Stewardship Florida bonds

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

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

  2  validation of bonds issued pursuant to this section shall be

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

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

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

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

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

  8  of the circuit in which the action is pending.

  9         Section 6.  Section 216.331, Florida Statutes, is

10  amended to read:

11         216.331  Disbursement of state moneys.--Except as

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

13  717.124(5), s. 732.107(6), or s. 733.816(5), all moneys in the

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

15  the Comptroller upon the State Treasury and payable to the

16  ultimate beneficiary. This authorization shall include

17  electronic disbursement.

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

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

20  amended to read:

21         253.027  Emergency archaeological property

22  acquisition.--

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

24  $2 million shall be reserved annually segregated in an account

25  within the Stewardship Florida Conservation and Recreation

26  Lands Trust Fund for the purpose of emergency archaeological

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

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

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

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

31  259.105(3)(b) spent for other purposes specified in s.

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  1  259.032, upon approval of the Board of Trustees of the

  2  Internal Improvement Trust Fund.

  3         (5)  ACCOUNT EXPENDITURES.--

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

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

  6  survey costs, unless:

  7         1.  The property is an archaeological property of major

  8  statewide significance.

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

10  historic significance, will be irretrievably lost if the state

11  cannot acquire the property.

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

13  the Conservation and Recreation Lands or for Stewardship

14  Florida lands, acquisition list or complies with the criteria

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

16  on the list.

17         4.  No other source of immediate funding is available

18  to purchase or otherwise protect the property.

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

20  state, or federal laws.

21         6.  The acquisition is not inconsistent with the state

22  comprehensive plan and the state land acquisition program.

23         Section 8.  Paragraph (c) of subsection (7) of section

24  253.03, Florida Statutes, 1998 Supplement, is amended to read:

25         253.03  Board of trustees to administer state lands;

26  lands enumerated.--

27         (7)

28         (c)  Structures which are listed in or are eligible for

29  the National Register of Historic Places or the State

30  Inventory of Historic Places which are over the waters of the

31  State of Florida and which have a submerged land lease, or

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  1  have been grandfathered-in to use sovereignty submerged lands

  2  until January 1, 1998, pursuant to chapter 18-21.00405,

  3  Florida Administrative Code, shall have the right to continue

  4  such submerged land leases be allowed to apply for an

  5  extension of such lease, regardless of the fact that the

  6  present landholder is not an adjacent riparian landowner, so

  7  long as the lessee maintains the structure in a good state of

  8  repair consistent with the guidelines for listing.  If the

  9  structure is damaged or destroyed, the lessee shall be allowed

10  to reconstruct, so long as the reconstruction is consistent

11  with the integrity of the listed structure.  If a structure so

12  listed falls into disrepair and the lessee is not willing to

13  repair and maintain it consistent with its listing, the state

14  may cancel the submerged lease and either repair and maintain

15  the property or require that the structure be removed from

16  sovereignty submerged lands.

17         Section 9.  Subsections (3), (4), (5), (6), and (8) of

18  section 253.034, Florida Statutes, 1998 Supplement, are

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

20  read:

21         253.034  State-owned lands; uses.--

22         (3)  In recognition that recreational trails purchased

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

24  259.105(3)(g) have had historic transportation uses and that

25  their linear character may extend many miles, the Legislature

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

27  after balancing the need to protect trail users from

28  collisions with automobiles and a preference for the use of

29  overpasses and underpasses to the greatest extent feasible and

30  practical, transportation uses shall be allowed to cross

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

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

  2  location and design should consider and mitigate the impact on

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

  4  shall be paid based on fair market value.

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

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

  7  Trustees of the Internal Improvement Trust Fund shall be

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

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

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

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

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

13  transportation facility. An agency managing or leasing

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

15  Improvement Trust Fund may not sublease such lands without

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

17  Management Advisory Council created in s. 259.035 or its

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

19  Management Advisory Council is not required to review

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

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

22  Board of Trustees of the Internal Improvement Trust Fund shall

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

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

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

26  multiple-use properties, shall specifically describe how the

27  managing agency plans to identify, locate, protect and

28  preserve, or otherwise use fragile nonrenewable resources,

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

30  fragile resources, including endangered plant and animal

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

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

  2  Land management plans submitted by an agency shall include

  3  reference to appropriate statutory authority for such use or

  4  uses and shall conform to the appropriate policies and

  5  guidelines of the state land management plan. All land

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

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

  8  parcel, which analysis shall include the potential of the

  9  parcel to generate revenues to enhance the management of the

10  parcel.  Additionally, the land management plan shall contain

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

12  facilitate the restoration or management of these lands.  In

13  those cases where a newly acquired property has a valid

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

15  of the property until a formal land management plan is

16  completed.

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

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

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

20  shall review each plan for compliance with the requirements of

21  this subsection and with the requirements of the rules

22  established by the board pursuant to this subsection.  The

23  council or its successor shall also consider the propriety of

24  the recommendations of the managing agency with regard to the

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

26  nonrenewable resources, the potential for alternative or

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

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

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

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

31  board. The council or its successor shall specifically

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  1  recommend to the board whether to approve the plan as

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

  3  plan.

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

  5  Trust Fund shall consider the land management plan submitted

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

  7  its successor and the Division of State Lands and shall

  8  approve the plan with or without modification or reject such

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

10  accordance with an approved land management plan is subject to

11  termination by the board.

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

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

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

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

16  those lands designated as acquired for conservation purposes,

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

18  longer needed for conservation purposes and may dispose of

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

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

21  and may dispose of them by majority vote.

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

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

24  from the Preservation 2000 bonds, the Conservation and

25  Recreation Lands Trust Fund, or the Water Management Lands

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

27  identified as core parcels or within original projects

28  boundaries, shall be deemed to have been acquired for

29  conservation purposes.

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

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

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  1  those parcels that shall be designated as having been acquired

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

  3  Department of Corrections, the Department of Management

  4  Services for use as state offices, the Department of

  5  Transportation, or the State University System or state

  6  community college system shall be designated as having been

  7  purchased for conservation purposes.

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

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

10  indicate to the board those lands which the agency manages

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

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

13  or its successor for its recommendation as to whether such

14  lands should be disposed of by the board.

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

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

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

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

19  recommendation as to whether such lands should be disposed of

20  by the board.

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

22  lands, the Acquisition and Restoration Commission shall review

23  and make recommendations to the board concerning the request

24  for surplusing. The commission shall determine whether the

25  request for surplusing is compatible with the resource values

26  of and management objectives for such lands.

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

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

29  consider whether such lands would be more appropriately owned

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

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

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

  2  conveyance to a local government would be in the best

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

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

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

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

  7  such surplus lands may include public schools, public

  8  libraries, fire or law enforcement substations, and

  9  governmental, judicial, or recreational centers.  County or

10  local government requests for surplus lands shall be expedited

11  throughout the surplusing process.  State agencies shall have

12  the subsequent opportunity to acquire the surplus lands for a

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

14  local government expires. Surplus properties in which

15  governmental agencies have expressed no interest shall then be

16  available for sale on the private market.

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

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

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

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

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

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

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

24  which acquires title to lands hereunder for less than fair

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

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

27  years.

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

29  council or its successor, the board shall determine whether

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

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

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

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

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

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

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

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

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

  8  conservation, protection, sales, or real estate sales

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

10  placed in the Conservation and Recreation Lands Trust Fund.

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

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

13  to the lead managing agency for review and recommendation to

14  the council or its successor.  Lead managing agencies shall

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

16  Any surplusing requests that have not been acted upon within

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

18  hearing at the next regularly scheduled meeting of the council

19  or its successor.

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

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

22  such lands were acquired. However, if the fund from which the

23  lands were originally acquired no longer exists, such proceeds

24  shall be deposited into an appropriate account for use by the

25  lead managing agency for land management.

26         (k)  Notwithstanding the provisions of this subsection,

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

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

29  interest on any revenue bonds issued to lose the exclusion

30  from gross income for federal income tax purposes.

31

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

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

  3  by the council or its successor.

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

  5  the Department of Corrections or the Department of Education

  6  shall not be subject to the council review provisions for

  7  review by the council or its successor described in subsection

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

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

10  administrative offices of the parcel or project affected by

11  the management plan and at the Tallahassee offices of each

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

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

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

15  of the Internal Improvement Trust Fund for consideration. The

16  Board of Trustees of the Internal Improvement Trust Fund shall

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

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

19  accordance with an approved land management plan is subject to

20  termination by the board.

21         (10)  The following additional uses of lands acquired

22  pursuant to the Stewardship Florida program and other

23  state-funded land purchase programs shall be authorized, if

24  they meet the criteria specified in paragraphs (a)-(e): water

25  resource development projects, water supply development

26  projects, stormwater management projects, linear facilities,

27  and sustainable agriculture and forestry.  Such additional

28  uses are authorized where:

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

30  lands;

31

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  1         (b)  Compatible with the natural ecosystem and resource

  2  values of such lands;

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

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

  5  available lands;

  6         (d)  The using entity reasonably compensates the

  7  titleholder for such use based upon an appropriate measure of

  8  value; and

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

10

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

12  subsection shall be returned to the lead managing agency in

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

14         Section 10.  Paragraph (a) of subsection (4) of section

15  253.7825, Florida Statutes is amended to read:

16         253.7825  Recreational uses.--

17         (4)(a)  A horse park-agricultural center may be

18  constructed by or on behalf of the Florida Department of

19  Agriculture and Consumer Services on not more than 500 250

20  acres of former canal lands which meet the criteria for

21  surplus lands and which lie outside the greenways boundary.

22         Section 11.  Section 259.03, Florida Statutes, is

23  amended to read:

24         259.03  Definitions.--The following terms and phrases

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

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

27  context clearly indicates a different meaning:

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

29  pursuant to s. 259.035.

30         (2)  "State capital projects for environmentally

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

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

  2  have as its purpose the conservation and protection of

  3  environmentally unique and irreplaceable lands as valued

  4  ecological resources of this state.

  5         (3)  "State capital project for outdoor recreation

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

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

  8  purposes set out in chapter 375.

  9         (2)(4)  "Board" means the Governor and Cabinet, as the

10  Board of Trustees of the Internal Improvement Trust Fund.

11         (3)  "Capital improvement" means those activities

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

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

14  resources deemed necessary to accomplish the purposes of this

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

16  the initial removal of invasive plants; the construction,

17  improvement, enlargement or extension of facilities' signs,

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

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

20  access, recreational opportunities, or necessary services for

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

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

23  The continued expenditures necessary for a capital improvement

24  approved under this subsection shall not be eligible for

25  funding provided in this chapter.

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

27  Protection.

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

29  the State Board of Administration.

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

31  project eligible for funding pursuant to s. 259.105 that

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

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

  3  restoring aquifer recharge, facilitating the capture and

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

  5  The implementation of eligible projects under s. 259.105

  6  includes land acquisition, land and water body restoration,

  7  aquifer storage and recovery facilities, surface water

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

  9  include construction of treatment, transmission, or

10  distribution facilities.

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

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

13  Statutes, is amended to read:

14         259.032  Conservation and Recreation Lands Trust Fund;

15  purpose.--

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

17  this state shall be assured public ownership of natural areas

18  for purposes of maintaining this state's unique natural

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

20  water resource development to meet the needs of natural

21  systems and citizens of this state; promoting restoration

22  activities on public lands; and providing lands for natural

23  resource based recreation. In recognition of this policy, it

24  is the intent of the Legislature to provide such public lands

25  for the people residing in urban and metropolitan areas of the

26  state, as well as those residing in less populated, rural

27  areas.; It is the further intent of the Legislature, with

28  regard to the lands described in paragraph (3)(c), that a high

29  priority be given to the acquisition of such lands in or near

30  counties exhibiting the greatest concentration of population

31  and, with regard to the lands described in subsection (3),

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  1  that a high priority be given to acquiring lands or rights or

  2  interests in lands within any area designated as an area of

  3  critical state concern under s. 380.05 which, in the judgment

  4  of the advisory council established pursuant to s. 259.035, or

  5  its successor, cannot be adequately protected by application

  6  of land development regulations adopted pursuant to s. 380.05.

  7  Finally, it is the Legislature's intent that lands acquired

  8  through this program and any successor programs be managed in

  9  such a way as to protect or restore their natural resource

10  values, and provide the greatest benefit, including public

11  access, to the citizens of this state.

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

13  Fund is established within the Department of Environmental

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

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

16  shall be credited with proceeds from the following excise

17  taxes:

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

19  201.15; and

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

21  as provided in s. 211.3103.

22

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

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

25         (b)  There shall annually be transferred from the

26  Conservation and Recreation Lands Trust Fund to the Land

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

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

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

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

31  acquire lands on the established priority list developed

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  1  pursuant to this section as determined by the advisory council

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

  3  Land Acquisition Trust Fund pursuant to this paragraph, or

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

  5  service on the Save Our Coast revenue bonds. Amounts

  6  transferred annually from the Conservation and Recreation

  7  Lands Trust Fund to the Land Acquisition Trust Fund pursuant

  8  to this paragraph shall have the highest priority over other

  9  payments or transfers from the Conservation and Recreation

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

11  made from the Conservation and Recreation Lands Trust Fund

12  until such transfers to the Land Acquisition Trust Fund have

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

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

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

16  pursuant to the provisions of this section.

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

18  Trustees of the Internal Improvement Trust Fund, may allocate

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

20  lesser interest in lands for the following public purposes:

21         (a)  To conserve and protect environmentally unique and

22  irreplaceable lands that contain native, relatively unaltered

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

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

25  area;

26         (b)  To conserve and protect lands within designated

27  areas of critical state concern, if the proposed acquisition

28  relates to the natural resource protection purposes of the

29  designation;

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

31  endangered or threatened species, emphasizing long-term

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  1  protection for endangered or threatened species designated G-1

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

  3  those areas that are special locations for breeding and

  4  reproduction;

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

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

  7  conservation of such lands is necessary to enhance or protect

  8  significant surface water, groundwater, coastal, recreational,

  9  timber, or fish or wildlife resources which cannot otherwise

10  be accomplished through local and state regulatory programs;

11         (e)  To promote water resource development that

12  benefits natural systems and citizens of the state;

13         (f)  To facilitate the restoration and subsequent

14  health and vitality of the Florida Everglades;

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

16  trails, for natural resource based recreation and other

17  outdoor recreation on any part of any site compatible with

18  conservation purposes;

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

20  historic sites; or

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

22  greenways or outdoor recreation which are compatible with

23  conservation purposes.

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

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

26  land managing agencies designated by the board of trustees

27  also are directed by the Legislature to enter into contracts

28  or interagency agreements with other governmental entities,

29  including local soil and water conservation districts, or

30  private land managers who have the expertise to perform

31  specific management activities which a lead agency lacks, or

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

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

  3  and ditch maintenance, mowing, and wildlife assessments.

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

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

  6  and related rules and shall be acquired in accordance with

  7  acquisition procedures for state lands provided for in s.

  8  259.041, except as otherwise provided by the Legislature. An

  9  inholding or an addition to a project selected for purchase

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

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

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

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

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

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

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

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

18  costs related to acquisition expenses for lands to be

19  acquired, donated, or exchanged which qualify under the

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

21  When the Legislature has authorized the Department of

22  Environmental Protection to condemn a specific parcel of land

23  and such parcel has already been approved for acquisition

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

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

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

27  including a reasonable attorney's fee, associated with

28  condemnation.

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

30  253.034 section shall be:

31

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

  2  greatest combination of benefits to the public and to the

  3  resources.

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

  5  compatible with the conservation and protection of public

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

  7  following public recreational uses:  fishing, hunting,

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

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

10  birding, sailing, jogging, and other related outdoor

11  activities compatible with the purposes for which the lands

12  were acquired.

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

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

15

16  Management may include the following public uses: fishing,

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

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

19  jogging, and other related outdoor activities.

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

21  Conservation and Recreation Recreational Lands list of

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

23  trustees shall adopt a management prospectus for each project.

24  The management prospectus shall delineate:

25         1.  The management goals for the property;

26         2.  The conditions that will affect the intensity of

27  management;

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

29  the property, if appropriate;

30

31

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  1         4.  A timetable for implementing the various stages of

  2  management and for providing access to the public, if

  3  applicable;

  4         5.  A description of potential multiple-use activities

  5  as described in this section and s. 253.034;

  6         6.  Provisions for protecting existing infrastructure

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

  8         7.  The anticipated costs of management and projected

  9  sources of revenue, including legislative appropriations, to

10  fund management needs; and

11         8.  Recommendations as to how many employees will be

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

13  whether local governments, volunteer groups, the former

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

15  management.

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

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

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

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

20  appropriate, the management policy statement for the project

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

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

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

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

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

26  Board of Trustees of the Internal Improvement Trust Fund shall

27  first consider having a soil and water conservation district,

28  created pursuant to chapter 582, manage and monitor such

29  interests.

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

31  acquired under this chapter may contract with local

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  1  governments and soil and water conservation districts to

  2  assist in management activities, including the responsibility

  3  of being the lead land manager.  Such land management

  4  contracts may include a provision for the transfer of

  5  management funding to the local government or soil and water

  6  conservation district from the Conservation and Recreation

  7  Lands Trust Fund in an amount adequate for the local

  8  government or soil and water conservation district to perform

  9  its contractual land management responsibilities and

10  proportionate to its responsibilities, and which otherwise

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

12  property.

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

14  interest in lands under this chapter, the Department of

15  Environmental Protection, acting on behalf of the board of

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

17  assignment letter to be effective until the execution of a

18  formal lease.

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

20  agencies or private entities designated to manage lands under

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

22  board of trustees, an individual management plan for each

23  project designed to conserve and protect such lands and their

24  associated natural resources. Private sector involvement in

25  management plan development may be used to expedite the

26  planning process.

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

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

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

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

31  minimum, representatives of the lead land managing agency,

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  1  comanaging entities, local private property owners, the

  2  appropriate soil and water conservation district, a local

  3  conservation organization, and a local elected official.  The

  4  advisory group shall conduct at least one public hearing

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

  6  For those parcels or projects that are within more than one

  7  county, at least one areawide public hearing shall be

  8  acceptable and the lead managing agency shall invite a local

  9  elected official from each county. The areawide public hearing

10  shall be held in the county in which the core parcels are

11  located. Notice of such public hearing shall be posted on the

12  parcel or project designated for management, advertised in a

13  paper of general circulation, and announced at a scheduled

14  meeting of the local governing body before the actual public

15  hearing.  The management prospectus required pursuant to

16  paragraph (9)(d)(b) shall be available to the public for a

17  period of 30 days prior to the public hearing.

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

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

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

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

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

23  of leasehold interests to appropriate conservation

24  organizations or governmental entities designated by the Land

25  Acquisition and Management Advisory Council or its successor,

26  for uses consistent with the purposes of the organizations and

27  the protection, preservation, conservation, restoration, and

28  proper management of the lands and their resources. Volunteer

29  management assistance is encouraged, including, but not

30  limited to, assistance by youths participating in programs

31  sponsored by state or local agencies, by volunteers sponsored

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  1  by environmental or civic organizations, and by individuals

  2  participating in programs for committed delinquents and

  3  adults.

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

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

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

  7  parcel or parcels identified in the annual Conservation and

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

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

10  Department of Environmental Protection shall distribute only

11  75 percent of the acquisition funds to which a budget entity

12  or water management district would otherwise be entitled from

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

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

15  management plans overdue.

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

17  the appropriate policies and guidelines of the state land

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

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

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

21  and the statutory authority for such use or uses.

22         2.  Key management activities necessary to preserve and

23  protect natural resources and restore habitat, and for

24  controlling the spread of nonnative plants and animals, and

25  for prescribed fire and other appropriate resource management

26  activities.

27         3.  A specific description of how the managing agency

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

29  use fragile, nonrenewable natural and cultural resources.

30

31

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  1         4.  A priority schedule for conducting management

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

  3  acquired.

  4         5.  A cost estimate for conducting priority management

  5  activities, to include recommendations for cost-effective

  6  methods of accomplishing those activities.

  7         6.  A cost estimate for conducting other management

  8  activities which would enhance the natural resource value or

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

10  cost estimate shall include recommendations for cost-effective

11  methods of accomplishing those activities.

12         7.  A determination of the public uses and public

13  access that would be consistent with the purposes for which

14  the lands were acquired.

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

16  of each individual management plan for parcels which exceed

17  160 acres in size to each member of the Land Acquisition and

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

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

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

21  the requirements of this subsection and with the requirements

22  of the rules established by the board pursuant to this

23  subsection.

24         2.  The council shall also Consider the propriety of

25  the recommendations of the managing agency with regard to the

26  future use or protection of the property.

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

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

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

30  shall specifically recommend to the board of trustees whether

31

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

  2  modifications, or reject the plan.

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

  4  individual management plan submitted by each state agency and

  5  the recommendations of the Land Acquisition and Management

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

  7  Lands and shall approve the plan with or without modification

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

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

10  approved individual management plan is subject to termination

11  by the board of trustees.

12

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

14  the water management districts, and each private entity

15  designated to manage lands shall report to the Secretary of

16  Environmental Protection on the progress of funding, staffing,

17  and resource management of every project for which the agency

18  or entity is responsible.

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

20  lands pursuant to this chapter serves the public interest by

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

22  the public health and welfare, providing areas for natural

23  resource based recreation, and ensuring the survival of unique

24  and irreplaceable plant and animal species.  The Legislature

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

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

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

28  with acquisition purposes and would not harm the resources the

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

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

31  total of funds ever deposited into the Florida Preservation

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  1  2000 Trust Fund and the Stewardship Florida Trust Fund shall

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

  3  and capital improvements not eligible for funding pursuant to

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

  5  associated contractual services, for lands acquired pursuant

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

  7  programs for the acquisition of lands for conservation and

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

  9  in the board of trustees. Each agency with management

10  responsibilities shall annually request from the Legislature

11  funds sufficient to fulfill such responsibilities. For the

12  purposes of this subsection, capital improvements shall

13  include, but need not be limited to, perimeter fencing, signs,

14  firelanes, access roads and trails, and minimal public

15  accommodations, such as primitive campsites, garbage

16  receptacles, and toilets. Any equipment purchased with funds

17  provided pursuant to this paragraph may be used for the

18  purposes described in this paragraph on any conservation and

19  recreation lands managed by a state agency.

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

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

22  chapter and for associated contractual services, the managing

23  agencies shall recognize the following categories of land

24  management needs:

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

26  resource management and protection, such as state reserves,

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

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

29  than minimum facilities development.

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

31  more than basic resource management and protection, such as

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  1  state parks and state recreation areas.  These lands generally

  2  have extra restoration or protection needs, higher

  3  concentrations of public use, or more highly developed

  4  facilities.

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

  6  needs requiring unique site-specific resource management and

  7  protection. These lands generally are sites with historic

  8  significance, unique natural features, or very high intensity

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

10  protect resources, such as lands with heavy infestations of

11  nonnative, invasive plants.

12

13  In evaluating the management funding needs of lands based on

14  the above categories, the lead land managing agencies shall

15  include in their considerations the impacts of, and needs

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

17         (d)  All revenues generated through multiple-use

18  management or compatible secondary-use management shall be

19  returned to the lead agency responsible for such management

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

21  conservation, preservation, and recreation lands under the

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

23  segregated in an agency trust fund and shall remain available

24  to the agency in subsequent fiscal years to support land

25  management appropriations. For the purposes of this paragraph,

26  compatible secondary-use management shall be those activities

27  described in subsection (9) undertaken on parcels designated

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

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

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

31  interim management of acquisitions and for associated

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  1  contractual services, to ensure the conservation and

  2  protection of natural resources on project sites and to allow

  3  limited public recreational use of lands.  Interim management

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

  5  assessments, control of invasive, nonnative exotic species,

  6  habitat restoration, fencing, law enforcement, controlled

  7  burning, and public access consistent with preliminary

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

  9  board of trustees shall make these interim funds available

10  immediately upon purchase.

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

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

13  invasive plant species on public lands.  Such goals shall

14  differentiate between aquatic plant species and upland plant

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

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

17  the functioning of natural systems. Notwithstanding paragraph

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

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

20  reserved for control and removal of nonnative, upland,

21  invasive species on public lands.

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

23  1994-1995, not more than 3.75 percent of the Conservation and

24  Recreation Lands Trust Fund shall be made available annually

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

26  counties, cities, and local governments as defined in

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

28  of board of trustees acquisitions for state agencies under the

29  Stewardship Florida program or the Florida Preservation 2000

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

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

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  1  used for land acquisition in accordance with the provisions of

  2  this section.

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

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

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

  6  11.031. To counties which levy an ad valorem tax of at least

  7  8.25 mills or the amount of the tax loss from all completed

  8  Preservation 2000 acquisitions in the county exceeds 0.01

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

10  population of 75,000 or less.

11         2.  To all local governments located in eligible

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

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

14  concern designated pursuant to chapter 380 and to local

15  governments within such counties.

16         3.  To Glades county, where a privately owned and

17  operated prison leased to the state has recently been opened

18  and where privately owned and operated juvenile justice

19  facilities leased to the state have recently been constructed

20  and opened, a payment in lieu of taxes, in an amount that

21  offsets the loss of property tax revenue, which funds have

22  already been appropriated and allocated for the purpose of

23  reimbursing amounts equal to ad valorem taxes.

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

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

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

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

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

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

30

31

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

  2  includes municipalities, the county school board, mosquito

  3  control districts, and any other local government entity which

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

  5  management district.

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

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

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

  9  tax loss from all completed Preservation 2000 acquisitions in

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

11  value.

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

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

14  local governments, such counties, cities, and local

15  governments shall receive a pro rata share of the moneys

16  available.

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

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

19  years preceding acquisition. Applications for payment in lieu

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

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

22  made for properties which were exempt from ad valorem taxation

23  for the year immediately preceding acquisition.  If property

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

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

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

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

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

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

30  Revenue those properties that may be eligible under this

31  provision. Once eligibility has been established, that county

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  1  or local government shall receive 10 consecutive annual

  2  payments, and no further eligibility determination shall be

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

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

  5  beginning the year a local government becomes eligible.

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

  7  subsection paragraph shall be made annually to qualifying

  8  counties, cities, and local governments after certification by

  9  the Department of Revenue that the amounts applied for are

10  reasonably appropriate, based on the amount of actual taxes

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

12  Environmental Protection has provided supporting documents to

13  the Comptroller and has requested that payment be made in

14  accordance with the requirements of this section.

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

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

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

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

19

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

21  includes municipalities, the county school board, mosquito

22  control districts, and any other local government entity which

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

24  management district.

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

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

27  Recreation Lands list or the priority list established

28  pursuant to s. 259.105 objecting to the property being

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

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

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

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

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

  3         Section 13.  Section 259.034, Florida Statutes, is

  4  created to read:

  5         259.034  Acquisition and Restoration Commission.--

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

  7  within the Board of Trustees of the Internal Improvement Trust

  8  Fund, the Acquisition and Restoration Commission.

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

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

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

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

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

14  scientific field; and one person from an environmental

15  science.  The members appointed by the Governor shall serve

16  4-year terms, except that, initially, to provide for staggered

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

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

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

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

21  appointed under this paragraph.

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

23  shall be as follows:

24         1.  One person selected by the water management

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

26  reappointed on an annual basis.

27         2.  The Secretary of Environmental Protection or a

28  designee.

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

30  Department of Agriculture and Consumer Services or a designee.

31

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  1         4.  The executive director of the Fish and Wildlife

  2  Conservation Commission or a designee.

  3         5.  The director of the Division of Historical

  4  Resources of the Department of State or a designee.

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

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

  7  Speaker of the House of Representatives shall each appoint one

  8  ad hoc, nonvoting member of the commission from their

  9  respective chambers.  Such members shall be selected from

10  among the members of a standing committee that has

11  jurisdictional responsibility for the Department of

12  Environmental Protection.  These members shall serve for the

13  duration of the term of the appointing legislative officer.

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

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

16  nomination to the commission, for any entity whose interests

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

18  shall be appointed to the commission.  This prohibition shall

19  not apply to the appointees representing state agencies or

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

21  of the commission.

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

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

24  voting members.

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

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

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

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

29  officers and employees while in the performance of their

30  duties, pursuant to s. 112.061.

31

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  1         (4)  Immediately upon appointment, the commission may

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

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

  4  trustees.  The commission may also employ other staff as

  5  necessary to the performance of its duties.

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

  7  provide for the organizational structure, selection, and

  8  employment of an executive director and staff, and

  9  administrative functions related to its operational needs.

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

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

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

13  Governor in the exercise of the Governor's constitutional

14  duties.

15         (7)  The commission shall provide assistance to the

16  board of trustees in reviewing the recommendations and plans

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

18  commission shall, in reviewing such recommendations and plans,

19  consider the optimization of multiple-use and conservation

20  strategies to accomplish the provisions of s. 253.034.

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

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

23  issued to finance the Stewardship Florida program to lose the

24  exclusion from gross income for federal income tax purposes.

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

26  and responsibilities of the Land Acquisition and Management

27  Advisory Council established pursuant to s. 259.035 shall be

28  assumed by the commission, and the provisions of law

29  authorizing the advisory council shall be repealed.

30         (9)  For the purposes of expending any remaining funds

31  deposited into the Florida Preservation 2000 Trust Fund and

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  1  distributed pursuant to the provisions of s. 259.101(3)(a),

  2  the commission shall only use such funds to acquire lands

  3  identified in the annual Conservation and Recreation Lands

  4  list approved by the board of trustees in the year 2000.

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

  6  259.035, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         259.035  Advisory council; powers and duties.--

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

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

11  list of acquisition projects selected for purchase pursuant to

12  this chapter.  In scoring potential projects for inclusion on

13  the acquisition list, the council shall give greater

14  consideration to projects that can serve as corridors between

15  lands already in public ownership or under management for

16  conservation and recreational purposes.  Acquisition projects

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

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

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

20  with its list of acquisition projects, a Conservation and

21  Recreation Lands report. For each project on an acquisition

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

23  purpose for acquiring the project, an identification of the

24  essential parcel or parcels within the project without which

25  the project cannot be properly managed, an identification of

26  those projects or parcels within projects which should be

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

28  explanation of the reasons why the council selected a

29  particular acquisition technique, a management policy

30  statement for the project, a management prospectus pursuant to

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

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

  2  brief description of the important natural and cultural

  3  resources to be protected, preacquisition planning and

  4  budgeting, coordination with other public and nonprofit

  5  public-lands acquisition programs, a preliminary statement of

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

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

  8  The Department of Environmental Protection shall prepare the

  9  information required by this section for each acquisition

10  project selected for purchase pursuant to this chapter. In

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

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

13  acquisition list for which funds will be available for

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

15  disclose any information that is required by this chapter or

16  chapter 253 to remain confidential.

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

18  Statutes, is amended to read:

19         259.036  Management review teams.--

20         (2)  The land management review team shall review

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

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

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

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

25  Acquisition and Management Advisory Council or its successor.

26  The managing agency shall consider the findings and

27  recommendations of the land management review team in

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

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

30  Statutes, is amended to read:

31         259.04  Board; powers and duties.--

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  1         (1)  For state capital projects and acquisitions

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

  3  259.101, and 259.105:

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

  5  and power to develop and execute a comprehensive, statewide

  6  5-year plan to conserve, restore, and protect environmentally

  7  endangered lands, ecosystems, lands necessary for outdoor

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

  9  259.032, and 259.101, and 259.105. This plan shall be kept

10  current through continual reevaluation and revision.  The

11  advisory council or its successor shall assist the board in

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

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

14  government of the United States or any agency or

15  instrumentality thereof; the state or any county,

16  municipality, district authority, or political subdivision; or

17  any private corporation, partnership, association, or person

18  providing for or relating to the conservation or protection of

19  certain lands in accomplishing the purposes of this chapter

20  ss. 259.01-259.06.

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

22  successor submits the lists of either list of acquisition

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

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

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

26  greatest extent practicable, projects on the lists list shall

27  be acquired in their approved order of priority.

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

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

30  interest of lands, water areas, and related resources

31

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

  2  environmentally endangered lands.

  3         (2)  For state capital projects for outdoor recreation

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

  5  apply.

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

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

  8  259.041, Florida Statutes, 1998 Supplement, are amended,

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

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

11  added to said section, to read:

12         259.041  Acquisition of state-owned lands for

13  preservation, conservation, and recreation purposes.--

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

15  Improvement Trust Fund nor its duly authorized agent shall

16  commit the state, through any instrument of negotiated

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

18  with or without appurtenances unless the provisions of this

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

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

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

22  notwithstanding chapter 120, may waive any rules adopted

23  pursuant to this section, except rules adopted pursuant to

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

25  other reasonably prudent procedures, provided the public's

26  interest is reasonably protected. The title to lands acquired

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

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

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

30  trustees pursuant to this section, shall be administered

31  pursuant to the provisions of s. 253.03.

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

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

  3  375, title to which will vest in the board of trustees, may

  4  bind the state unless and until the agreement has been

  5  reviewed and approved by the Department of Environmental

  6  Protection as complying with the requirements of this section

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

  8  review and approval of agreements for acquisitions for Florida

  9  Greenways and Trails Program properties pursuant to chapter

10  260 may be waived by the department in any contract with

11  nonprofit corporations who have agreed to assist the

12  department with this program.  Where any of the following

13  conditions exist, the agreement shall be submitted to and

14  approved by the board of trustees:

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

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

17  trustees;

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

19  acquiring agency exceeds $1 million;

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

21  project; or

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

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

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

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

26  significantly affect its management.

27

28  Where approval of the board of trustees is required pursuant

29  to this subsection, the acquiring agency must provide a

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

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

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  1  trustees also is required for projects the department

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

  3  (15) (14). Review and approval of agreements for acquisitions

  4  for Florida Greenways and Trails Program properties pursuant

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

  6  with nonprofit corporations that have agreed to assist the

  7  department with this program.

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

  9  when applicable, the Department of Environmental Protection,

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

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

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

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

14  shall be required as follows:

15         (e)  Generally, appraisal reports are confidential and

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

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

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

19  before a contract or agreement for purchase is considered for

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

21  the authority, at its discretion, to disclose appraisal

22  reports to private landowners during negotiations for

23  acquisitions using alternatives to fee simple techniques, if

24  the department determines that disclosure of such reports will

25  bring the proposed acquisition to closure. The Division of

26  State Lands may also disclose appraisal information to public

27  agencies or nonprofit organizations that agree to maintain the

28  confidentiality of the reports or information when joint

29  acquisition of property is contemplated, or when a public

30  agency or nonprofit organization enters into a written

31  multiparty agreement with the division to purchase and hold

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  1  property for subsequent resale to the division. The division

  2  shall also require each nonprofit organization or private land

  3  trust which has entered into a written multiparty agreement

  4  with the division to acquire lands to disclose the total

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

  6  and participation in third-party agreements with brokers,

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

  8  providers of services associated with specific purchases

  9  included in the multiparty agreement. In addition, the

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

11  agency or nonprofit organization, provided the appraiser is

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

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

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

15  organization whose purposes include purpose is the

16  preservation of natural resources, and which is exempt from

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

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

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

20  report invalid or when the acquiring agency has terminated

21  negotiations.

22

23  Notwithstanding the provisions of this subsection, on behalf

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

25  purchase under this chapter, the Secretary of Environmental

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

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

28  option contract shall state that the final purchase price is

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

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

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

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

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

  3  is greater.

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

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

  6  open space suitable for recreational use, the state must

  7  develop creative techniques to maximize the use of acquisition

  8  and management funds.  The Legislature also finds that the

  9  state's conservation and recreational land acquisition

10  agencies should be encouraged to augment their traditional,

11  fee simple acquisition programs with the use of alternatives

12  to fee simple acquisition techniques.  Additionally, the

13  Legislature finds that generations of private landowners have

14  been good stewards of their land, protecting or restoring

15  native habitats and ecosystems to the benefit of the natural

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

17  Legislature also finds that using alternatives to fee simple

18  acquisition by public land acquisition agencies will achieve

19  the following public policy goals:

20         1.  Allow more lands to be brought under public

21  protection for preservation, conservation, and recreational

22  purposes with less expenditure of public funds.

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

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

25         3.  Reduce long-term management costs by allowing

26  private property owners to continue acting as stewards of

27  their land, where appropriate.

28

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

30  land acquisition agencies develop programs to pursue

31  alternatives to fee simple acquisition and to educate private

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  1  landowners about such alternatives and the benefits of such

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

  3  portion of the shares of Preservation 2000 and Stewardship

  4  Florida bond proceeds be used to purchase eligible properties

  5  using alternatives to fee simple acquisition.

  6         (b)  All project applications shall identify, within

  7  their acquisition plans, those projects which require a full

  8  fee simple interest to achieve the public policy goals,

  9  together with the reasons full title is determined to be

10  necessary. The state agencies and the water management

11  districts may use alternatives to fee simple acquisition to

12  bring the remaining projects in their acquisition plans under

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

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

15  not limited to:  purchase of development rights; obtaining

16  conservation easements; obtaining flowage easements; purchase

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

18  of agricultural interests or silvicultural interests; entering

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

20  fee simple acquisitions with reservations; creating life

21  estates; or any other acquisition technique which achieves the

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

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

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

25  not specifically acquired by the public agency. The lands upon

26  which hunting rights are specifically acquired pursuant to

27  this paragraph shall be available for hunting in accordance

28  with the management plan or hunting regulations adopted by the

29  Florida Fish and Wildlife Conservation Commission, unless the

30  hunting rights are purchased specifically to protect

31  activities on adjacent lands.

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  1         (c)  When developing the acquisition plan pursuant to

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

  3  than fee simple acquisitions that provide any public access.

  4  However, the Legislature recognizes that public access is not

  5  always appropriate for certain less than fee simple

  6  acquisitions; therefore no proposed less than fee simple

  7  acquisition shall be rejected simply because public access

  8  would be limited.

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

10  and each water management district shall implement initiatives

11  to use alternatives to fee simple acquisition and to educate

12  private landowners about such alternatives.  The department

13  and the water management districts may enter into joint

14  acquisition agreements to jointly fund the purchase of lands

15  using alternatives to fee simple techniques.

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

17  sales comparison information has served as an impediment to

18  successful implementation of alternatives to fee simple

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

20  absence of direct comparable sales information, appraisals of

21  alternatives to fee simple acquisitions be based on the

22  difference between the full fee simple valuation and the value

23  of the interests remaining with the seller after acquisition.

24         (f)  The public agency which has been assigned

25  management responsibility shall inspect and monitor any less

26  than fee simple interest according to the terms of the

27  purchase agreement relating to such interest.

28         (15)(14)  The board of trustees, by an affirmative vote

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

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

31

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

  2  and 259.105  for the acquisition of lands that:

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

  4  Government as part of the Resolution Trust Corporation sale of

  5  lands from failed savings and loan associations;

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

  7  Government as part of the Federal Deposit Insurance

  8  Corporation sale of lands from failed banks; or

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

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

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

12  within which the land is listed for acquisition.

13

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

15  modify all procedures required for land acquisition pursuant

16  to this chapter and all competitive bid procedures required

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

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

19  the acquisition lists established pursuant to this chapter, or

20  be essential for water resource development, protection, or

21  restoration, or a significant portion of the lands must

22  contain natural communities or plant or animal species which

23  are listed by the Florida Natural Areas Inventory as

24  critically imperiled, imperiled, or rare, or as excellent

25  quality occurrences of natural communities.

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

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

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

29         259.101  Florida Preservation 2000 Act.--

30         (6)  DISPOSITION OF LANDS.--

31

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

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

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

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

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

  6  Internal Improvement Trust Fund in accordance with the

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

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

  9  by the owning water management district in accordance with the

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

11  provided such disposition also shall satisfy the requirements

12  of paragraphs (b) and (c).

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

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

15  253.034(6)(5), or determined to be no longer required for its

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

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

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

19  water management district lands, by the owning water

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

21  preserved in furtherance of the intent of the Florida

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

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

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

25  an exchange are described in the same paragraph of subsection

26  (3) as the lands disposed.

27         (9)

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

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

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

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

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  1  Preservation 2000 account for more than two fiscal years shall

  2  be redistributed equally to the Department of Environmental

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

  4  purchase of State Lands as described in s. 259.032 and Water

  5  Management District P2000 sub account for the purchase of

  6  Water Management Lands pursuant to ss. 373.456, 373.4592 and

  7  373.59. For the purposes of this subsection, the term

  8  "unencumbered balances" means the portion of Preservation 2000

  9  bond proceeds which is not obligated through the signing of a

10  purchase contract between a public agency and a private

11  landowner, except that the program described in paragraph

12  (3)(c) may not lose any portion of its unencumbered funds

13  which remain unobligated because of extraordinary

14  circumstances that hampered the affected local governments'

15  abilities to close on land acquisition projects approved

16  through the Florida Communities Trust program.  Extraordinary

17  circumstances shall be determined by the Florida Communities

18  Trust governing body and may include such things as death or

19  bankruptcy of the owner of property; a change in the land use

20  designation of the property; natural disasters that affected a

21  local government's ability to consummate the sales contract on

22  such property; or any other condition that the Florida

23  Communities Trust governing board determined to be

24  extraordinary. The portion of the funds redistributed

25  deposited in the Water Management District P2000 sub account

26  Lands Trust Fund shall be distributed to the water management

27  districts as provided in s. 373.59(7).

28         2.  The department and the water management districts

29  may enter into joint acquisition agreements to jointly fund

30  the purchase of lands using alternatives to fee simple

31  techniques.

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  1         Section 19.  Section 259.105, Florida Statutes is

  2  created to read:

  3         259.105  The Stewardship Florida Act.--

  4         (1)  This section may be cited as the "Stewardship

  5  Florida Act."

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

  7         1.  The Preservation 2000 program provided tremendous

  8  financial resources for purchasing environmentally significant

  9  lands to protect those lands from imminent development,

10  thereby assuring present and future generations access to

11  important open spaces and recreation and conservation lands.

12         2.  The continued alteration and development of

13  Florida's natural areas to accommodate the state's rapidly

14  growing population have contributed to the degradation of

15  water resources, the fragmentation and destruction of wildlife

16  habitats, the loss of outdoor recreation space, and the

17  diminishment of wetlands, forests, and public beaches.

18         3.  The potential development of Florida's remaining

19  natural areas and escalation of land values require a

20  continuation of government efforts to restore, bring under

21  public protection, or acquire lands and water areas to

22  preserve the state's invaluable quality of life.

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

24  are under tremendous pressure due to population growth and

25  economic expansion and require special protection and

26  restoration efforts.  To ensure that sufficient quantities of

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

28  the natural systems and citizens of the state, and assist in

29  achieving the planning goals of the department and the water

30  management districts, water resource development projects on

31

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  1  public lands, where compatible with the resource values of and

  2  management objectives for the lands, are appropriate.

  3         5.  The needs of urban Florida for high-quality outdoor

  4  recreational opportunities, greenways, trails, and open space

  5  have not been fully met by previous acquisition programs.

  6  Through such programs as the Florida Communities Trust and the

  7  Florida Recreation Development Assistance Program, the state

  8  shall place additional emphasis on acquiring, protecting,

  9  preserving, and restoring open space, greenways, and

10  recreation properties within urban areas where pristine

11  natural communities or water bodies no longer exist because of

12  the proximity of developed property.

13         6.  Many of Florida's unique ecosystems, such as the

14  Florida Everglades, are facing ecological collapse due to

15  Florida's burgeoning population. To preserve these valuable

16  ecosystems for future generations, parcels of land must be

17  acquired to facilitate ecosystem restoration.

18         7.  Access to public lands to support a broad range of

19  outdoor recreational opportunities and the development of

20  necessary infrastructure, where compatible with the resource

21  values of and management objectives for such lands, promotes

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

23  quality of life.

24         8.  Acquisition of lands, in fee simple or in any

25  lesser interest, should be based on a comprehensive assessment

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

27  the integrity of ecological systems and provide multiple

28  benefits, including preservation of fish and wildlife habitat,

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

30  recharge.

31

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  1         9.  The state has embraced performance-based program

  2  budgeting as a tool to evaluate the achievements of publicly

  3  funded agencies, build in accountability, and reward those

  4  agencies which are able to consistently achieve quantifiable

  5  goals.  While previous and existing state environmental

  6  programs have achieved varying degrees of success, few of

  7  these programs can be evaluated as to the extent of their

  8  achievements, primarily because performance measures,

  9  standards, outcomes, and goals were not established at the

10  outset.  Therefore, the Stewardship Florida program shall be

11  developed and implemented in the context of measurable state

12  goals and objectives.

13         10.  It is the intent of the Legislature to change the

14  focus and direction of the state's major land acquisition

15  programs and to extend funding and bonding capabilities, so

16  that future generations may enjoy the natural resources of

17  Florida.

18         (b)  The Legislature recognizes that acquisition is

19  only one way to achieve the aforementioned goals and

20  encourages the development of creative partnerships between

21  governmental agencies and private landowners.  Land protection

22  agreements and similar tools should be used, where

23  appropriate, to bring environmentally sensitive tracts under

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

25  the public, and to provide private landowners with the

26  opportunity to enjoy and benefit from their property.

27         (c)  Public agencies or other entities that receive

28  funds under this section are encouraged to better coordinate

29  their expenditures so that project acquisitions, when combined

30  with acquisitions under Preservation 2000, Save Our Rivers,

31  the Florida Communities Trust, and other public land

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  1  acquisition programs, will form more complete patterns of

  2  protection for natural areas and functioning ecosystems, to

  3  better accomplish the intent of this section.

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

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

  6  program to ensure that the natural resource values of such

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

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

  9  achieves the full benefits of its investment of public

10  dollars.

11         (e)  With limited dollars available for restoration and

12  acquisition of land and water areas and for providing

13  long-term management and capital improvements, a competitive

14  selection process can select those projects best able to meet

15  the goals of Stewardship Florida and maximize the efficient

16  use of the program's funding.

17         (f)  To ensure success and provide accountability to

18  the citizens of this state, it is the intent of the

19  Legislature that any bond proceeds used pursuant to this

20  section be used to implement the goals and objectives

21  developed by the Acquisition and Restoration Commission.

22         (g)  As it has with previous land acquisition programs,

23  the Legislature recognizes the desires of the citizens of this

24  state to prosper through economic development and to preserve

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

26  Legislature further recognizes the urgency of restoring the

27  natural functions of public lands or water bodies before they

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

29  acknowledges the difficulty of ensuring adequate funding for

30  restoration efforts in light of other equally critical

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

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  1  and intent to fund the implementation of this section and to

  2  do so in a fiscally responsible manner, by issuing bonds to be

  3  repaid with documentary stamp tax revenue.

  4         (3)  Less the costs of issuing and the costs of funding

  5  reserve accounts and other costs associated with bonds, the

  6  proceeds of bonds issued pursuant to this section shall be

  7  deposited into the Stewardship Florida Trust Fund created by

  8  s. 259.1051. The proceeds shall be distributed by the

  9  Department of Environmental Protection in the following

10  manner:

11         (a)  Thirty-five percent to Department of Environmental

12  Protection for distribution by the Acquisition and Restoration

13  Commission for the acquisition of lands and capital project

14  expenditures necessary to implement the water management

15  districts' priority lists submitted pursuant to s. 373.199.

16         (b)  Thirty-five percent to the Department of

17  Environmental Protection for distribution by the Acquisition

18  and Restoration Commission for the acquisition of lands and

19  capital project expenditures described in this section. Of the

20  proceeds distributed pursuant to this paragraph, it is the

21  intent of the Legislature that an increased priority be given

22  to those acquisitions which achieve a combination of

23  conservation and preservation goals, water restoration goals,

24  and water resource development goals.

25         (c)  Twenty percent to the Department of Community

26  Affairs to provide grants and loans to local governments

27  through the Florida Communities Trust pursuant to part III of

28  chapter 380. Of this 20 percent, 75 percent shall be matched

29  by local governments on a dollar-for-dollar basis. However, no

30  less than 5 percent of the funds allocated through the Florida

31  Communities Trust shall be used to acquire lands for

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  1  recreational trail systems. In the event these designated

  2  funds are not fully expended on recreational trail

  3  acquisitions, the Florida Communities Trust may expend such

  4  funds for other purposes authorized by this section.

  5         (d)  One and five-tenths percent to the Department of

  6  Environmental Protection for the purchase of inholdings and

  7  additions to state parks.  For the purposes of this paragraph,

  8  "state park" means any real property in the state which is

  9  under the jurisdiction of the Division of Recreation and Parks

10  of the department, or which may come under its jurisdiction.

11         (e)  One and five-tenths percent to the Division of

12  Forestry of the Department of Agriculture and Consumer

13  Services to fund the acquisition of state forest inholdings

14  and additions pursuant to s. 589.07 and the implementation of

15  reforestation plans or sustainable forestry management

16  practices.

17         (f)  One and five-tenths percent to the Fish and

18  Wildlife Conservation Commission to fund the acquisition of

19  inholdings and additions to lands managed by the commission

20  which are important to the conservation of fish and wildlife.

21         (g)  One and five-tenths percent to the Department of

22  Environmental Protection for the Florida Greenways and Trails

23  Program, to acquire greenways and trails or greenways and

24  trail systems pursuant to chapter 260, including, but not

25  limited to, abandoned railroad rights-of-way and the Florida

26  National Scenic Trail.

27         (h)  Four percent to the Division of Recreation and

28  Parks of the Department of Environmental Protection to provide

29  grants to local governments through the Florida Recreation

30  Development Assistance Program pursuant to s. 375.075.

31

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  1         (i)  For the purposes of paragraphs (d), (e), and (f),

  2  the agencies which receive the funds shall develop their

  3  individual acquisition or restoration lists. Proposed

  4  additions may be acquired if they are identified within the

  5  original project boundary, the management plan required

  6  pursuant to s. 253.034(5), or the management prospectus

  7  required pursuant to s. 259.032(9)(d). Proposed additions not

  8  meeting the requirements of this paragraph shall be submitted

  9  to the Acquisition and Restoration Commission for approval.

10  The commission may only approve the proposed addition if it

11  meets two or more of the following criteria: serves as a link

12  or corridor to other publicly owned property; enhances the

13  protection or management of the property; would add a

14  desirable resource to the property; would create a more

15  manageable boundary configuration; has a high resource value

16  that otherwise would be unprotected; or can be acquired at

17  less than fair market value.

18         (j)  The appropriate legislative committees with

19  jurisdiction over the Stewardship Florida program shall

20  conduct a review by January 1, 2005, which shall examine the

21  need for and, if necessary, make recommendations related to

22  the percentage distributions provided for in this subsection

23  for consideration during the 2005 Regular Session of the

24  Legislature.

25         (4)  It is the intent of the Legislature that projects

26  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

27  contribute to the achievement of the following goals:

28         (a)  An increase in the level of protection for, or an

29  increase in the populations of, listed plant species, as

30  measured by the number of occurrences, acres of strategic

31  habitat areas, or delisting or redesignation of such species.

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  1         (b)  An increase in the level of protection for, or an

  2  increase in the populations of, listed animal species, as

  3  measured by the number of occurrences, acres of strategic

  4  habitat areas, delisting or redesignation of such species, or

  5  the change in long-term survival rates.

  6         (c)  The restoration of land areas, as measured by a

  7  reduction in nonnative species, level of maintenance control

  8  of invasive species, reforestation rates, or regeneration of

  9  natural communities.

10         (d)  An increase in public landholdings needed to meet

11  the goals of this subsection, as measured by the acquisition

12  of lands in fee simple or with less than fee simple

13  alternatives.

14         (e)  The completion of projects begun under previous

15  land acquisition programs, as measured through the acquisition

16  of land under inholdings and additions programs.

17         (f)  An increase in the amount of forest land for

18  sustainable natural resources.

19         (g)  An increase in public recreational opportunities,

20  as measured by the acreage available for recreational

21  opportunities or the number of miles available for greenways

22  or trails.

23         (h)  A reduction in the amount of pollutants flowing

24  into Florida's surface waters, as measured by a reduction in

25  the number of surface water bodies designated as impaired.

26         (i)  The improvement of water recharge rates on public

27  lands, as measured by increased speed of recharge and amount

28  of cubic feet of water made available.

29         (j)  The restoration of water areas, as measured by a

30  reduction of nonnative species, level of maintenance control

31  of invasive species, regeneration of natural communities,

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  1  reduction of excessive sedimentation, removal of impediments,

  2  or reduction of shoreline erosion.

  3         (k)  The protection of natural floodplain functions and

  4  prevention of or reduction in flood damage, as measured by the

  5  number of acres of floodplain in public ownership.

  6         (l)  The restoration of degraded water bodies, as

  7  measured by the number of goals implemented under a surface

  8  water improvement plan or other restoration plans.

  9         (m)  The restoration of wetlands, as measured by the

10  number of acres of previously converted wetlands returned to a

11  functioning status.

12         (n)  The preservation of strategic wetlands, as

13  measured by the number of acres acquired.

14         (o)  The preservation of, or reduction of contaminants

15  in, aquifers and springs, as measured by contaminant levels or

16  the number of acres of recharge areas acquired.

17         (5)  The Acquisition and Restoration Commission shall

18  adopt numeric goals and performance measures for those goals

19  enumerated in subsection (4).  The commission may also develop

20  and submit additional goals and suggested performance measures

21  to be used for implementation of this section.  The commission

22  shall utilize the findings of the Stewardship Florida Study

23  Commission in establishing numeric goals and performance

24  measures.  The goals and performance measures developed

25  pursuant to this subsection shall be submitted to the board of

26  trustees for their review and approval by January 1, 2001, and

27  subsequently submitted no later than 30 days prior to the 2001

28  Regular Session for review by the appropriate legislative

29  committees with jurisdiction over the department.  The

30  Legislature may reject, modify, or take no action relative to

31

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  1  the goals and performance measures.  If no action is taken,

  2  the goals and performance measures shall be implemented.

  3         (6)  All lands acquired pursuant to this section shall

  4  be managed for multiple-use purposes, where compatible with

  5  the resource values of and management objectives for such

  6  lands.  As used in this section, "multiple-use" includes, but

  7  is not limited to, outdoor recreational activities as

  8  described in ss. 253.034 and 259.032(9)(b), water resource

  9  development projects, and sustainable forestry management.

10         (7)  As provided in this section, a water resource or

11  water supply development project may be allowed only if the

12  following conditions are met: minimum flows and levels have

13  been established for those waters, if any, which may

14  reasonably be expected to experience significant adverse

15  effects as a result of the project; the project complies with

16  all applicable permitting requirements; and the project is

17  consistent with the regional water supply plan, if any, of the

18  water management district and with relevant recovery or

19  prevention strategies if required pursuant to s. 373.0421(2).

20         (8)(a)  Beginning July 1, 2000, and every year

21  thereafter, the commission shall accept applications from

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

23  organizations, private land trusts, and individuals for

24  project proposals eligible for funding pursuant to paragraph

25  (3)(b). The commission shall evaluate the proposals received

26  pursuant to this subsection to ensure that they meet at least

27  one of the criteria under subsection (10).

28         (b)  Project applications shall contain, at a minimum,

29  the following:

30         1.  A minimum of two numeric performance measures that

31  directly relate to the overall goals adopted by the

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  1  commission.  Each performance measure shall include a baseline

  2  measurement, which is the current situation; a performance

  3  standard which the project sponsor anticipates the project

  4  will achieve; and the performance measurement itself, which

  5  should reflect the incremental improvements the project

  6  accomplishes towards achieving the performance standard.

  7         2.  Proof that property owners within any proposed

  8  acquisition have been notified of their inclusion in the

  9  proposed project.  Any property owner may request the removal

10  of such property from further consideration by submitting a

11  request to the project sponsor or commission by certified

12  mail. Upon receiving this request, the commission shall delete

13  the property from the proposed project.

14         (c)  The title to lands acquired under this section

15  shall vest in the Board of Trustees of the Internal

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

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

18  district and lands acquired by a local government shall vest

19  in the name of the purchasing local government.

20         (9)  The commission shall develop two project lists:

21         (a)  One list shall represent those projects submitted

22  pursuant to subsection (8).

23         (b)  One list shall represent those projects submitted

24  pursuant to s. 373.199.

25         (10)  In developing the proposed project lists pursuant

26  to subsection (9), the commission shall consider, when

27  applicable, whether the project:

28         (a)  Has multiple benefits, including, but not limited

29  to, habitat protection, recreational and aesthetic values, and

30  natural community preservation, or promotes groundwater

31  recharge or improves water quality.

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  1         (b)  Meets multiple goals as described in subsection

  2  (4).

  3         (c)  Includes attributes or natural resource values

  4  underrepresented in the state's inventory of public lands.

  5         (d)  Is part of an ongoing governmental effort to

  6  restore, protect, or develop land areas or water resources.

  7         (e)  Will be funded by contributions from multiple

  8  entities; and whether local, regional, state, and federal

  9  entities will form partnerships to implement project

10  activities.

11         (f)  Furthers conservation goals of the program through

12  the acquisition of lands that:

13         1.  Have imperiled, critically imperiled, or rare

14  natural communities of native vegetation and wildlife, or have

15  excellent quality occurrences of natural communities;

16         2.  Serve as habitat for endangered or threatened plant

17  or animal species;

18         3.  Have significant archeological or historical sites;

19         4.  Provide for outdoor recreational activities as

20  described in s. 259.032(9)(b); or

21         5.  Enhance or facilitate management of properties

22  already under public ownership.

23         (g)  Provides for the completion of projects in which

24  acquisition activities were begun under previous state land

25  acquisition initiatives.

26         (h)  Restores land and water areas to conditions that

27  improve their natural functions and attributes.

28         (i)  Makes capital improvements to land or water areas

29  that improve public access, develop recreational facilities,

30  or promote more efficient and effective management of such

31  land or water areas.

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  1         (j)  Restores and reclaims forestry lands to enhance

  2  and ensure their continued value as ecosystems, through the

  3  implementation of reforestation plans or sustainable forestry

  4  management practices.

  5         (k)  Has funding sources that are identified and

  6  assured through at least the first 2 years of the project.

  7         (l)  Contributes to the solution of water resource

  8  problems on a regional basis.

  9         (m)  Has a significant portion of its land area in

10  imminent danger of development, in imminent danger of losing

11  its significant natural attributes or recreational open space,

12  or in imminent danger of subdivision which would result in

13  multiple ownership and make acquisition of the project costly

14  or less likely to be accomplished.

15         (n)  Will implement an element from a plan developed by

16  an ecosystem management team.

17         (o)  Exhibits compelling evidence that the land is

18  likely to be developed during the next 12 months, or

19  appraisals made during the past 5 years indicate an escalation

20  in land value at an average rate that exceeds the average rate

21  of interest likely to be paid on the bonds.

22         (p)  Is one of the components of the Everglades

23  restoration effort.

24         (q)  May be purchased at 80 percent of appraised value

25  or less.

26         (r)  May be acquired, in whole or part, using

27  alternatives to fee simple, including, but not limited to,

28  purchase of development rights, hunting rights, agricultural

29  or silvicultural rights, or mineral rights; obtaining

30  conservation easements or flowage easements; or use of land

31  protection agreements as defined in s. 380.0677(5).

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  1         (s)  Is a joint acquisition, either among public

  2  agencies, nonprofit organizations, or private entities, or by

  3  a public-private partnership.

  4         (t)  Involves the acquisition of coastal lands. In

  5  acquiring coastal lands pursuant to this section, the

  6  following additional criteria shall be considered:

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

  8  consistent with hazard mitigation and postdisaster

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

10  and property and to reduce the need for future disaster

11  assistance.

12         2.  The value of acquiring beachfront parcels,

13  irrespective of size, to provide public access and

14  recreational opportunities in highly developed urban areas.

15         3.  The value of acquiring identified parcels the

16  development of which would adversely affect coastal resources.

17  It is expected that projects selected will accrue multiple

18  benefits, such as:  protecting and restoring habitat for

19  wildlife, aquatic life, and plants, including species

20  designated as endangered, threatened, and of special concern;

21  providing aesthetic and recreational pleasure for the citizens

22  of the state; attracting visitors; and generating substantial

23  economic benefits.

24         (11)  Projects that are otherwise eligible for funding

25  under this section and for which matching funds are available

26  shall be given increased priority.

27         (12)  When a nonprofit organization, whose purposes

28  include preservation of natural resources and which is tax

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

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

31  of such sale shall be deemed to meet multiple criteria listed

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  1  in subsection (10) if such land met multiple criteria at the

  2  time the organization purchased the land.

  3         (13)  The Acquisition and Restoration Commission shall

  4  use the goals and criteria listed in subsections (4) and (10)

  5  to competitively evaluate, select, and rank projects eligible

  6  for Stewardship Florida funds.

  7         (14)  In developing the list of projects for funding

  8  pursuant to paragraph (3)(a), it is not the intent of the

  9  Legislature that these funds be used to abrogate the financial

10  responsibility of those point and nonpoint sources that have

11  contributed to the degradation of water or land areas.

12  Therefore, the Acquisition and Restoration Commission shall

13  give increased priority to those projects that have secured a

14  cost-sharing agreement allocating responsibility for the

15  cleanup of point and nonpoint sources.

16         (15)  The Legislature recognizes that Stewardship

17  Florida is a goal-oriented, performance-driven,

18  competition-based program and that, in order to further these

19  principles, flexibility is a critical element of the program.

20  The Legislature further recognizes that the needs of certain

21  projects or regions of the state will vary over time and that,

22  as a result, there will be occasions when the priorities of

23  the state should be directed to a given project or region. To

24  allow for this flexibility but also seek an equitable

25  distribution of bond proceeds, it is the intent of the

26  Legislature that, upon the completion of Stewardship Florida,

27  those projects selected pursuant to paragraphs (3)(a) and (b)

28  will reflect a balance between ecological and geographic

29  interests.

30         (16)  An affirmative vote of five members of the

31  commission shall be required in order to place a proposed

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  1  project on either list. Any member of the commission who by

  2  family or a business relationship has a connection with any

  3  project proposed to be ranked shall declare such interest

  4  prior to voting for a project's inclusion on the list.

  5         (17)  Each year that bonds are to be issued pursuant to

  6  this section, the commission shall review that year's approved

  7  project lists and shall, by the first board meeting in May,

  8  present to the Board of Trustees of the Internal Improvement

  9  Trust Fund for approval a listing of projects developed

10  pursuant to subsection (9). The board of trustees may remove

11  projects from the list developed pursuant to this subsection,

12  but may not add projects or rearrange project rankings.

13         (18)  The commission shall submit to the board of

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

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

16  each project listed:

17         (a)  The stated purpose for inclusion.

18         (b)  Projected costs to achieve the project goals.

19         (c)  An interim management budget.

20         (d)  Specific performance measures.

21         (e)  Plans for public access.

22         (f)  An identification of the essential parcel or

23  parcels within the project without which the project cannot be

24  properly managed.

25         (g)  Where applicable, an identification of those

26  projects or parcels within projects which should be acquired

27  in fee simple or in less than fee simple.

28         (h)  An identification of those lands being purchased

29  for conservation purposes.

30         (i)  A management policy statement for the project and

31  a management prospectus pursuant to s. 259.032(9)(d).

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  1         (j)  An estimate of land value based on county tax

  2  assessed values.

  3         (k)  A map delineating project boundaries.

  4         (l)  An assessment of the project's ecological value,

  5  outdoor recreational value, forest resources, wildlife

  6  resources, ownership pattern, utilization, and location.

  7         (m)  A discussion of whether alternative uses are

  8  proposed for the property and what those uses are.

  9         (n)  A designation of the management agency or

10  agencies.

11         (19)  All proposals for projects pursuant to this

12  section shall be implemented only if adopted by the commission

13  and approved by the board of trustees.  The commission shall

14  consider and evaluate in writing the merits and demerits of

15  each project that is proposed for Stewardship Florida funding

16  and shall ensure that each proposed project will meet a stated

17  public purpose for the restoration, conservation, or

18  preservation of environmentally sensitive lands and water

19  areas or for providing outdoor recreational opportunities.

20  The commission also shall determine if the project conforms,

21  where applicable, with the comprehensive plan developed

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

23  outdoor recreation plan developed pursuant to s. 375.021, the

24  state lands management plan adopted pursuant to s. 253.03(7),

25  the water resources work plans developed pursuant to s.

26  373.199, and the provisions of this section.

27         (20)(a)  The Board of Trustees of the Internal

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

29  district lands, the owning water management district, may

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

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

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  1  for certain uses that are determined by the appropriate board

  2  to be compatible with the resource values of and management

  3  objectives for such lands.

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

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

  6  lands acquired pursuant to this section shall be presumed to

  7  be compatible with the purposes for which such lands were

  8  acquired.

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

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

11  the Department of Environmental Protection or other

12  appropriate state agency if the granting of such lease,

13  easement, or license would adversely affect the exclusion of

14  the interest on any revenue bonds issued to fund the

15  acquisition of the affected lands from gross income for

16  federal income tax purposes, pursuant to Internal Revenue

17  Service regulations.

18         (21)  The Acquisition and Restoration Commission may

19  adopt rules necessary to implement the provisions of this

20  section relating to:  solicitation, scoring, selecting, and

21  ranking of Stewardship Florida project proposals; the

22  development and annual reevaluation of the 5-year plan;

23  disposing of or leasing lands or water areas selected for

24  funding through the Stewardship Florida program; and the

25  process of reviewing and recommending for approval or

26  rejection the land management plans associated with publicly

27  owned properties. Rules promulgated pursuant to this

28  subsection shall be submitted to the President of the Senate

29  and the Speaker of the House of Representatives, for review by

30  the Legislature, no later than 30 days prior to the 2000

31  Regular Session and shall become effective only after

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  1  legislative review. In its review, the Legislature may reject,

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

  3  commission shall conform such rules to changes made by the

  4  Legislature, or, if no action was taken by the Legislature,

  5  such rules shall become effective.

  6         (22)  Lands identified for acquisition under the

  7  Stewardship Florida program may be managed by a private party

  8  in lieu of state purchase or in combination with a state

  9  purchase in accordance with a contractual arrangement between

10  the acquiring agency and the private party that may include

11  service contracts, leases, cost-share arrangements, or

12  resource conservation agreements.  Funding for these

13  contractual arrangements may originate from the documentary

14  stamp tax revenue deposited into the Conservation and

15  Recreation Lands Trust Fund and the Water Management District

16  Lands Trust Fund.

17         Section 20.  Subsections (2), (3), and (4) of section

18  260.012, Florida Statutes, 1998 Supplement, are amended to

19  read:

20         260.012  Declaration of policy and legislative

21  intent.--

22         (2)  It is the intent of the Legislature that a

23  statewide system of greenways and trails be established to

24  provide open space benefiting environmentally sensitive lands

25  and wildlife and providing people with access to healthful

26  outdoor activities.  It is also the intent of the Legislature

27  to acquire or designate lands and waterways to facilitate the

28  establishment of a statewide system of greenways and trails;

29  to encourage the multiple use of public rights-of-way and use

30  to the fullest extent existing and future scenic roads,

31  highways, park roads, parkways, greenways, trails, and

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  1  national recreational trails; to encourage the development of

  2  greenways and trails by counties, cities, and special

  3  districts and to assist in such development by any means

  4  available; to coordinate greenway and trail plans and

  5  development by local governments with one another and with the

  6  state government and Federal Government; to encourage,

  7  whenever possible, the development of greenways and trails on

  8  federal lands by the Federal Government; and to encourage the

  9  owners of private lands to protect the existing ecological,

10  historical, and cultural values of their lands, including

11  those values derived from working landscapes.

12         (3)  It is the intent of the Legislature that

13  designated greenways and trails be located on public lands and

14  waterways and, subject to the written agreement of the private

15  landowner, on private lands. Designated greenways and trails

16  located on public lands or waterways or on private lands may

17  or may not provide public access, as agreed by the department

18  or the landowner, respectively.

19         (4)  It is the intent of the Legislature that

20  information produced for the purpose of the identification of

21  lands and waterways, both public and private, that are

22  suitable for greenways and trails be used only for the

23  purposes of:

24         (a)  Setting priorities for acquisition, planning, and

25  management of public lands and waterways for use as greenways

26  and trails; and

27         (b)  Identification of private lands which are eligible

28  for designation as part of the greenways and trails system and

29  are thereby eligible for incentives.

30         Section 21.  Subsection (3) of section 260.013, Florida

31  Statutes, 1998 Supplement, is amended to read:

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  1         260.013  Definitions.--As used in ss. 260.011-260.018,

  2  unless the context otherwise requires:

  3         (3)  "Designation" means the identification and

  4  inclusion of specific lands and waterways as part of the

  5  statewide system of greenways and trails pursuant to a formal

  6  public process, including the specific written consent of the

  7  landowner. When the department determines that public access

  8  is appropriate for greenways and trails, written authorization

  9  must be granted by the landowner to the department permitting

10  public access to all or a specified part of the landowner's

11  property. The department's determination shall be noticed

12  pursuant to s. 120.525, and the department shall also notify

13  the landowner by certified mail at least 7 days before any

14  public meeting regarding the intent to designate.

15         Section 22.  Section 260.014, Florida Statutes, 1998

16  Supplement, is amended to read:

17         260.014  Florida Greenways and Trails System.--The

18  Florida Greenways and Trails System shall be a statewide

19  system of greenways and trails which shall consist of

20  individual greenways and trails and networks of greenways and

21  trails which may be designated as a part of the statewide

22  system by the department. Mapping or other forms of

23  identification of lands and waterways as suitable for

24  inclusion in the system of greenways and trails, mapping of

25  ecological characteristics for any purpose, or development of

26  information for planning purposes shall not constitute

27  designation. No lands or waterways may be designated as a part

28  of the statewide system of greenways and trails without the

29  specific written consent of the landowner.

30         Section 23.  Section 260.0142, Florida Statutes, is

31  created to read:

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  1         260.0142  Florida Greenways and Trails Council;

  2  composition; powers and duties.--

  3         (1)  There is hereby created within the Department of

  4  Environmental Protection the Florida Greenways and Trails

  5  Council which shall advise the department in the execution of

  6  the department's powers and duties under this chapter. The

  7  council shall be composed of 21 members, consisting of:

  8         (a)  Five members appointed by the Governor, with two

  9  members representing the trail user community, two members

10  representing the greenway user community, and one member

11  representing private landowners. Of the initial appointments,

12  two shall be appointed for 2-year terms and three shall be

13  appointed for 1-year terms.  Subsequent appointments shall be

14  for 2-year terms.

15         (b)  Three members appointed by the President of the

16  Senate, with one member representing the trail user community

17  and two members representing the greenway user community.  Of

18  the initial appointments, two shall be appointed for 2-year

19  terms and one shall be appointed for a 1-year term. Subsequent

20  appointments shall be for 2-year terms.

21         (c)  Three members appointed by the Speaker of the

22  House of Representatives, with two members representing the

23  trail user community and one member representing the greenway

24  user community.  Of the initial appointments, two shall be

25  appointed for 2-year terms and one shall be appointed for a

26  1-year term.  Subsequent appointments shall be for 2-year

27  terms.

28

29  Those eligible to represent the trail user community shall be

30  chosen from, but not be limited to, paved trail users, hikers,

31  off-road bicyclists, paddlers, equestrians, disabled outdoor

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  1  recreational users, and commercial recreational interests.

  2  Those eligible to represent the greenway user community shall

  3  be chosen from, but not be limited to, conservation

  4  organizations, nature study organizations, and scientists and

  5  university experts.

  6         (d)  The 10 remaining members shall include:

  7         1.  The Secretary of Environmental Protection or a

  8  designee;

  9         2.  The executive director of the Fish and Wildlife

10  Conservation Commission or a designee;

11         3.  The Secretary of Community Affairs or a designee;

12         4.  The Secretary of Transportation or a designee;

13         5.  The Director of the Division of Forestry of the

14  Department of Agriculture and Consumer Services or a designee;

15         6.  The director of the Division of Historical

16  Resources of the Department of State or a designee;

17         7.  A representative of the water management districts

18  who shall serve for 1 year.  Membership on the council shall

19  rotate among the five districts.  The districts shall

20  determine the order of rotation;

21         8.  A representative of a federal land management

22  agency.  The Secretary of Environmental Protection shall

23  identify the appropriate federal agency and request

24  designation of a representative from the agency to serve on

25  the council;

26         9.  A representative of the regional planning councils

27  to be appointed by the Secretary of Environmental Protection,

28  in consultation with the Secretary of Community Affairs, for a

29  single 2-year term.  The representative shall not be selected

30  from the same regional planning council for successive terms;

31  and

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  1         10.  A representative of local governments to be

  2  appointed by the Secretary of Environmental Protection, in

  3  consultation with the Secretary of Community Affairs, for a

  4  single 2-year term.  Membership shall alternate between a

  5  county representative and a municipal representative.

  6         (2)  The department shall provide necessary staff

  7  assistance to the council.

  8         (3)  The council is authorized to contract for and to

  9  accept gifts, grants, or other aid from the United States

10  Government or any person or corporation.

11         (4)  The duties of the council shall include, but not

12  be limited to, the following:

13         (a)  Advise the Department of Environmental Protection,

14  the Department of Community Affairs, the Department of

15  Transportation, the Fish and Wildlife Conservation Commission,

16  the Division of Forestry of the Department of Agriculture and

17  Consumer Services, the water management districts, and the

18  regional planning councils on policies relating to the Florida

19  Greenways and Trails System, and promote intergovernmental

20  cooperation;

21         (b)  Facilitate a statewide system of interconnected

22  landscape linkages, conservation corridors, greenbelts,

23  recreational corridors and trails, scenic corridors,

24  utilitarian corridors, reserves, regional parks and preserves,

25  ecological sites, and historical/historic/recreational sites;

26         (c)  Facilitate a statewide system of interconnected

27  land-based trails that connect urban, suburban, and rural

28  areas of the state and facilitate expansion of the statewide

29  system of freshwater and saltwater paddling trails;

30         (d)  Recommend priorities for critical links in the

31  Florida Greenways and Trails System;

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  1         (e)  Review applications for acquisition funding under

  2  the Florida Greenways and Trails Program and recommend to the

  3  Secretary of Environmental Protection which projects should be

  4  acquired;

  5         (f)  Provide funding recommendations to agencies and

  6  organizations regarding the acquisition, development, and

  7  management of greenways and trails, including the promotion of

  8  private landowner incentives;

  9         (g)  Review designation proposals for inclusion in the

10  Florida Greenways and Trails System;

11         (h)  Provide advocacy and education to benefit the

12  statewide system of greenways and trails by encouraging

13  communication and conferencing;

14         (i)  Encourage public-private partnerships to develop

15  and manage greenways and trails;

16         (j)  Review progress toward meeting established

17  benchmarks and recommend appropriate action;

18         (k)  Make recommendations for updating and revising the

19  implementation plan for the Florida Greenways and Trails

20  System;

21         (l)  Advise the Land Acquisition and Management

22  Advisory Council or its successor to ensure the incorporation

23  of greenways and trails in land management plans on lands

24  managed by the Department of Environmental Protection, the

25  Fish and Wildlife Conservation Commission, the Division of

26  Historical Resources of the Department of State, and the

27  Division of Forestry of the Department of Agriculture and

28  Consumer Services;

29         (m)  Provide advice and assistance to the Department of

30  Transportation and the water management districts regarding

31

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  1  the incorporation of greenways and trails into their planning

  2  efforts;

  3         (n)  Encourage land use, environmental, and coordinated

  4  linear infrastructure planning to facilitate the

  5  implementation of local, regional, and statewide greenways and

  6  trails systems;

  7         (o)  Promote greenways and trails support

  8  organizations; and

  9         (p)  Support the Florida Greenways and Trails System in

10  any other appropriate way.

11         (5)  The council shall establish procedures for

12  conducting its affairs in execution of the duties and

13  responsibilities stated in this section, which operating

14  procedures shall include determination of a council chair and

15  other appropriate operational guidelines. The council shall

16  meet at the call of the chair, or at such times as may be

17  prescribed by its operating procedures.  The council may

18  establish committees to conduct the work of the council and

19  the committees may include nonmembers as appropriate.

20         (6)  A vacancy on the council shall be filled for the

21  remainder of the unexpired term in the same manner as the

22  original appointment.  Members whose terms have expired may

23  continue to serve until replaced or reappointed. No member

24  shall serve on the council for more than two consecutive

25  terms.

26         (7)  Members of the council shall not receive any

27  compensation for their services but shall be entitled to

28  receive reimbursement for per diem and travel expenses

29  incurred in the performance of their duties, as provided in s.

30  112.061.

31

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  1         Section 24.  Section 260.016, Florida Statutes, 1998

  2  Supplement, is amended, to read:

  3         260.016  General powers of the department.--

  4         (1)  The department may:

  5         (a)  Publish and distribute appropriate maps of

  6  designated greenways and trails. The description shall include

  7  a generalized map delineating the area designated, location of

  8  suitable ingress and egress sites, as well as other points of

  9  interest to enhance the recreational opportunities of the

10  public.

11         (b)  Establish access routes and related public-use

12  facilities along greenways and trails which will not

13  substantially interfere with the nature and purposes of the

14  greenway or trail.

15         (c)  Adopt appropriate rules to implement or interpret

16  this act and portions of chapter 253 relating to greenways and

17  trails, which may include, but are not limited to, rules for

18  the following:

19         1.  Establishing a designation process.

20         2.  Negotiating and executing agreements with private

21  landowners.

22         3.  Establishing prohibited activities or restrictions

23  on activities to protect the health, safety, and welfare of

24  the public.

25         4.  Charging fees for use.

26         5.  Providing public access.

27         6.  Providing for maintenance.

28         7.  Any matter necessary to the evaluation, selection,

29  operation, and maintenance of greenways and trails.

30

31

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  1  Any person who violates or otherwise fails to comply with the

  2  rules adopted pursuant to subparagraph 3. commits a

  3  noncriminal infraction for which a fine of up to $500 may be

  4  imposed.

  5         (d)  Coordinate the activities of all governmental

  6  units and bodies and special districts that desire to

  7  participate in the development and implementation of the

  8  Florida Greenways and Trails System.

  9         (e)  Appoint an advisory body to be known as the

10  "Florida Recreational Trails Council" which shall advise the

11  department in the execution of its powers and duties under

12  this chapter.  The department may establish by rule the

13  duties, structure, and responsibilities of the council.

14  Members of the Florida Recreational Trails Council shall serve

15  without compensation, but are entitled to be reimbursed for

16  per diem and travel expenses as provided in s. 112.061.

17         (e)(f)  Establish, develop, and publicize greenways and

18  trails saltwater paddling trails in a manner that will permit

19  public recreation when appropriate without damaging natural

20  resources. The Big Bend Historic Saltwater Paddling Trail from

21  the St. Marks River to the Suwannee River is hereby designated

22  as part of the Florida Greenways and Trails System.  Additions

23  to this trail may be added by the department from time to time

24  as part of a statewide saltwater circumnavigation trail.

25         (f)(g)  Enter into sublease agreements or other use

26  agreements with any federal, state, or local governmental

27  agency, or any other entity local governmental agencies for

28  the management of greenways and trails for recreation and

29  conservation purposes consistent with the intent of this

30  chapter.

31

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  1         (h)  Enter into management agreements with other

  2  entities only if a federal agency, another state agency, local

  3  government, county, or municipality is unable to manage the

  4  greenways or trails lands.  Such entities must demonstrate

  5  their capabilities of management for the purposes defined in

  6  ss. 260.011-260.018.

  7         (g)(i)  Charge reasonable fees or rentals for the use

  8  or operation of facilities and concessions.  All such fees,

  9  rentals, or other charges collected shall be deposited in the

10  account or trust fund of the managing entity.  All such fees,

11  rentals, or other charges collected by the Division of

12  Recreation and Parks under this paragraph shall be deposited

13  in the State Park Trust Fund pursuant to s. 258.014.

14         (2)  The department shall:

15         (a)  Evaluate lands for the acquisition of greenways

16  and trails and compile a list of suitable corridors,

17  greenways, and trails, ranking them in order of priority for

18  proposed acquisition.  The department shall devise a method of

19  evaluation which includes, but is not limited to, the

20  consideration of:

21         1.  The importance and function of such corridors

22  within the statewide system.

23         2.  Potential for local sharing in the acquisition,

24  development, operation, or maintenance of greenway and trail

25  corridors.

26         3.  Costs of acquisition, development, operation, and

27  maintenance.

28         (b)  Maintain an updated list of abandoned and

29  to-be-abandoned railroad rights-of-way.  The department shall

30  request information on current and potential railroad

31  abandonments from the Department of Transportation and

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  1  railroad companies operating within the state.  At a minimum,

  2  the department shall make such requests on a quarterly basis.

  3         (c)  Provide information to public and private agencies

  4  and organizations on abandoned rail corridors which are or

  5  will be available for acquisition from the railroads or for

  6  lease for interim recreational use from the Department of

  7  Transportation. Such information shall include, at a minimum,

  8  probable costs of purchase or lease of the identified

  9  corridors.

10         (d)  Develop and implement a process for designation of

11  lands and waterways as a part of the statewide system of

12  greenways and trails, which shall include:

13         1.  Development and dissemination of criteria for

14  designation.

15         2.  Development and dissemination of criteria for

16  changes in the terms or conditions of designation, including

17  withdrawal or termination of designation. A landowner may have

18  his or her lands property removed from designation by

19  providing the department with a written request that contains

20  an adequate description of such lands to be removed.

21  Provisions shall be made in the designation agreement for

22  disposition of any future improvements made to the land by the

23  department.

24         3.  Compilation of available information on and field

25  verification of the characteristics of the lands and waterways

26  as they relate to the developed criteria.

27         4.  Public notice pursuant to s. 120.525 in all phases

28  of the process.

29         5.  Actual notice to the landowner by certified mail at

30  least 7 days before any public meeting regarding the

31  department's intent to designate.

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  1         6.  Written authorization from the landowner in the

  2  form of a lease or other instrument for the designation and

  3  granting of public access, if appropriate, to a landowner's

  4  property.

  5         7.  Development of a greenway or trail use plan as a

  6  part of the designation agreement. In any particular segment

  7  of a greenway or trail, the plan components must be compatible

  8  with connecting segments and, at a minimum, describe the types

  9  and intensities of uses of the property.

10         (e)  Implement the plan for the Florida Greenways and

11  Trails System as adopted by the Florida Greenways Coordinating

12  Council on September 11, 1998.

13         (3)  The department or its designee is authorized to

14  negotiate with potentially affected private landowners as to

15  the terms under which such landowners would consent to the

16  public use of their lands as part of the greenways and trails

17  system. The department shall be authorized to agree to

18  incentives for a private landowner who consents to this public

19  use of his or her lands for conservation or recreational

20  purposes, including, but not limited to, the following:

21         (a)  Retention by the landowner of certain specific

22  rights in his or her lands, including, but not limited to, the

23  right to farm, hunt, graze, harvest timber, or use the lands

24  for other purposes which are consistent with use as greenways

25  or trails.

26         (b)  Agreement to exchange, subject to the approval of

27  the Board of Trustees of the Internal Improvement Trust Fund

28  or other applicable unit of government, ownership or other

29  rights of use of public lands for the ownership or other

30  rights of use of privately owned lands property. Any exchange

31  of state-owned lands, title to which is vested in the Board of

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  1  Trustees of the Internal Improvement Trust Fund, for privately

  2  owned lands shall be subject to the requirements of s.

  3  259.041.

  4         (c)  Contracting with the landowner to provide

  5  management or other services on the lands.

  6         (d)  At the option of the landowner, acceleration of

  7  the acquisition process or higher consideration in the ranking

  8  process when any lands owned by the landowner are under

  9  consideration for acquisition by the state or other unit of

10  government.

11         (e)  At the option of the landowner, removal of any

12  lands owned by the landowner from consideration for acquistion

13  by the state or other unit of government.

14         (f)  Execution of patrol and protection agreements.

15         (g)  Where applicable and appropriate, providing lease

16  fees, not to exceed fair market value of the leasehold

17  interest.

18         Section 25.  Section 260.018, Florida Statutes, 1998

19  Supplement, is amended to read:

20         260.018  Agency recognition.--All agencies of the

21  state, regional planning councils through their comprehensive

22  plans, and local governments through their local comprehensive

23  planning process pursuant to chapter 163 shall recognize the

24  special character of publicly owned lands and waters

25  designated by the state as greenways and trails and shall not

26  take any action which will impair their use as designated.

27  Identification of lands or waterways in planning materials,

28  maps, data, and other information developed or used in the

29  greenways and trails program shall not be cause for such lands

30  or waterways to be subject to this section, unless such lands

31

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  1  or waterways have been designated as a part of the statewide

  2  system or greenways and trails pursuant to s. 260.016(2)(d).

  3         Section 26.  Paragraph (a) of subsection (11) of ection

  4  288.1224, Florida Statutes, is amended to read:

  5         288.1224  Powers and duties.--The commission:

  6         (11)  Shall create an advisory committee of the

  7  commission which shall be charged with developing a regionally

  8  based plan to protect and promote all of the natural, coastal,

  9  historical, cultural, and commercial tourism assets of this

10  state.

11         (a)  Members of the advisory committee shall be

12  appointed by the chair of the commission and shall include

13  representatives of the commission, the Departments of

14  Agriculture and Consumer Services, Environmental Protection,

15  Community Affairs, Transportation, and State, the Florida

16  Greenways and Trails Coordinating Council, the Fish and

17  Wildlife Conservation Commission Florida Game and Freshwater

18  Fish Commission, and, as deemed appropriate by the chair of

19  the commission, representatives from other federal, state,

20  regional, local, and private sector associations representing

21  environmental, historical, cultural, recreational, and

22  tourism-related activities.

23         Section 27.  The following trails located upon or

24  within public lands or waterways and designated prior to May

25  30, 1998, shall not be subject to the designation process

26  established in chapter 260, Florida Statutes, 1998

27  Supplement:  thirty-six canoe trails designated by the

28  Governor and Cabinet in 1970 and redesignated by the Governor

29  and Cabinet on December 8, 1981; the Historic Big Bend

30  Saltwater Paddling Trail; Hillsborough River State

31

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  1  Recreational Canoe Trail; and trails located within state

  2  parks and forests.

  3         Section 28.  Effective July 1, 2001, subsection (4) of

  4  section 369.252, Florida Statutes, is amended to read:

  5         369.252  Invasive exotic plant control on public

  6  lands.--The department shall establish a program to:

  7         (4)  Use funds in the Aquatic Plant Control Trust Fund

  8  as authorized by the Legislature for carrying out activities

  9  under this section on public lands. Twenty percent of the

10  amount credited to the Aquatic Plant Control Trust Fund

11  pursuant to s. 201.15(6) shall be used for the purpose of

12  controlling nonnative, upland, invasive plant species on

13  public lands.

14         Section 29.  Subsection (5) of section 369.307, Florida

15  Statutes, is amended to read:

16         369.307  Developments of regional impact in the Wekiva

17  River Protection Area; land acquisition.--

18         (5)  The Department of Environmental Protection is

19  directed to proceed to negotiate for acquisition of

20  conservation and recreation lands projects within the Wekiva

21  River Protection Area provided that such projects have been

22  deemed qualified under statutory and rule criteria for

23  purchase and have been placed on the priority list for

24  acquisition by the advisory council created in s. 259.035 or

25  its successor.

26         Section 30.  Subsection (5) is added to section

27  373.089, Florida Statutes, to read:

28         373.089  Sale or exchange of lands, or interests or

29  rights in lands.--The governing board of the district may sell

30  lands, or interests or rights in lands, to which the district

31

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  1  has acquired title or to which it may hereafter acquire title

  2  in the following manner:

  3         (5)  Any lands the title to which is vested in the

  4  governing board of a water management district may be

  5  surplused pursuant to the procedures set forth in this section

  6  and s. 373.056 and the following:

  7         (a)  For those lands designated as acquired for

  8  conservation purposes, the governing board shall make a

  9  determination that the lands are no longer needed for

10  conservation purposes and may dispose of them by a two-thirds

11  vote.

12         (b)  For all other lands, the governing board shall

13  make a determination that such lands are no longer needed and

14  may dispose of them by majority vote.

15         (c)  For the purposes of this subsection, all lands for

16  which title has vested in the governing board prior to July 1,

17  1999, shall be deemed to have been acquired for conservation

18  purposes.

19         (d)  For any lands acquired on or after July 1, 1999,

20  for which title is vested in the governing board, the

21  governing board shall determine which parcels shall be

22  designated as having been acquired for conservation purposes.

23         Section 31.  Section 373.139, Florida Statutes, is

24  amended to read:

25         373.139  Acquisition of real property.--

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

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

28  resources be conserved and protected.  The acquisition of real

29  property for this objective shall constitute a public purpose

30  for which public funds may be expended. Each water management

31  district shall maintain a separate 5-year plan of land

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  1  acquisition and land management activities that incorporates

  2  the properties purchased pursuant to s. 373.199.

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

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

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

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

  7  control, water storage, water management, aquifer recharge,

  8  water resource and water supply development, and preservation

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

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

11  control and water storage or for curing title defects or

12  encumbrances to real property to be acquired from a willing

13  seller.

14         (b)  Interests in real property acquired by the

15  districts under this section with funds other than those

16  appropriated pursuant to s. 373.199 may be used for

17  permittable water resource development and water supply

18  development purposes under the following conditions:  the

19  minimum flows and levels of priority water bodies on such

20  lands have been established; the project complies with all

21  conditions for issuance of a permit under part II; and the

22  project is compatible with the purposes for which the land was

23  acquired.

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

25  public hearing similar to those held pursuant to the

26  provisions set forth in s. 120.54.  Each district shall remove

27  the property of an unwilling seller from its plan of

28  acquisition at the next scheduled update of the plan, if in

29  receipt of a request to do so by the property owner.

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

31  counteroffers are confidential and exempt from the provisions

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

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

  3  or agreement for purchase is considered for approval by the

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

  5  discretion, disclose appraisal reports to private landowners

  6  during negotiations for acquisitions using alternatives to fee

  7  simple techniques, if the district determines that disclosure

  8  of such reports will bring the proposed acquisition to

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

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

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

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

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

14  disclose title information, appraisal reports, appraisal

15  information, offers, and counteroffers when joint acquisition

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

17  State Lands shall maintain the confidentiality of such title

18  information, appraisal reports, appraisal information, offers,

19  and counteroffers in conformance with this section and s.

20  259.041, except in those cases in which a district and the

21  division have exercised discretion to disclose such

22  information.

23         (c)  The Secretary of Environmental Protection shall

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

25  district for preacquisition costs within 30 days after receipt

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

27  which identifies and justifies any such preacquisition costs

28  necessary for the purchase of any lands listed in the

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

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

31

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  1  resolution, and the department shall deposit the unused funds

  2  into the appropriate account or trust fund.

  3         (d)  The Secretary of Environmental Protection shall

  4  release acquisition moneys from the appropriate account or

  5  trust fund to a district following receipt of a resolution

  6  adopted by the governing board identifying the lands being

  7  acquired and certifying that such acquisition is consistent

  8  with the plan of acquisition and other provisions of this

  9  section.  The governing board also shall provide to the

10  Secretary of Environmental Protection a copy of all certified

11  appraisals used to determine the value of the land to be

12  purchased.  Each parcel to be acquired must have at least one

13  appraisal.  Two appraisals are required when the estimated

14  value of the parcel exceeds $500,000.  However, when both

15  appraisals exceed $500,000 and differ significantly, a third

16  appraisal may be obtained.  If the purchase price is greater

17  than the appraisal price, the governing board shall submit

18  written justification for the increased price.  The Secretary

19  of Environmental Protection may withhold moneys for any

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

21  intent of this section or that is in excess of appraised

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

23  and Water Adjudicatory Commission pursuant to s. 373.114.

24         (e)  Water management land acquisition costs shall

25  include payments to owners and costs and fees associated with

26  such acquisition.

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

28  tax certificates or tax deeds issued in accordance with

29  chapter 197 relating to property eligible for purchase under

30  this section.

31

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  1         (5)  Lands acquired for the purposes enumerated in

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

  3  whenever practicable such lands shall be open to the general

  4  public for recreational uses. Except when prohibited by a

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

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

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

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

  9  recreational uses.

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

11  drawing water from, the underlying aquifer for storage or

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

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

14  or private.

15         (7)  This section shall not limit the exercise of

16  similar powers delegated by statute to any state or local

17  governmental agency or other person.

18         (8)  A district may dispose of land acquired under this

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

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

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

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

23  fund the acquisition programs detailed in this section to lose

24  the exclusion from gross income for purposes of federal income

25  taxation.  Revenue derived from such disposition may not be

26  used for any purpose except the purchase of other lands

27  meeting the criteria specified in this section or payment of

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

29  373.584.

30         (9)  By January 15 of each year, each district shall

31  file with the Legislature and the Secretary of Environmental

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  1  Protection a report of acquisition activity together with

  2  modifications or additions to its 5-year plan of acquisition

  3  and land management. Included in the report shall be:

  4         (a)  An identification of those lands which require a

  5  full fee simple interest to achieve water management goals and

  6  those lands which can be acquired using alternatives to fee

  7  simple acquisition techniques and still achieve such goals. In

  8  their evaluation of which lands would be appropriate for

  9  acquisition through alternatives to fee simple, district staff

10  shall consider criteria including, but not limited to,

11  acquisition costs, the net present value of future land

12  management costs, the net present value of advalorem revenue

13  loss to the local government, and potential for revenue

14  generated from activities compatible with acquisition

15  objectives.

16         (b)  An identification of lands needed to protect or

17  recharge groundwater and a plan for their acquisition as

18  necessary to protect potable water supplies. Lands which serve

19  to protect or recharge groundwater identified pursuant to this

20  paragraph shall also serve to protect other valuable natural

21  resources or provide space for natural resource based

22  recreation.

23         (c)  An identification of lands acquired through the

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

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

26  and (b).

27         (d)  A description of land management activity for each

28  property or project area owned by the water management

29  district.

30         (e)  A list of any lands surplused and the amount of

31  compensation received.

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  1         (10)  The districts have the authority to promulgate

  2  rules that include the specific process by which land is

  3  acquired; the selection and retention of outside appraisers,

  4  surveyors, and acquisition agents; and public

  5  notification.  Rules adopted pursuant to this subsection shall

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

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

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

  9  shall become effective only after legislative review. In its

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

11  relative to such rules.  The districts shall conform such

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

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

14         Section 32.  Section 373.199, Florida Statutes, is

15  created to read:

16         373.199  Assistance to Acquisition and Restoration

17  Commission.--

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

19  numerous programs and funded several initiatives intended to

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

21  resources and the lands and ecosystems associated with them.

22  Although these programs and initiatives have yielded

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

24  resources continues to degrade; natural systems associated

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

26  restored to a fully functioning level; and sufficient

27  quantities of water for current and future reasonable

28  beneficial uses and for natural systems remain in doubt.

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

30  Stewardship Florida Act and to assist the Acquisition and

31  Restoration Commission in evaluating and ranking projects,

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  1  each water management district shall compile and send a list

  2  of recommended projects to the commission for its

  3  consideration in developing a priority list pursuant to the

  4  Stewardship Florida Act.  Such list of projects shall be

  5  submitted annually by January 1, beginning in the year 2000.

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

  7  district shall:

  8         (a)  Integrate its existing surface water improvement

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

10  stormwater management projects, proposed water resource

11  development projects, proposed water body restoration

12  projects, and other properties or activities that would assist

13  in meeting the goals of Stewardship Florida.

14         (b)  Work cooperatively with the applicable ecosystem

15  management area teams and other citizen advisory groups, the

16  Department of Environmental Protection and its district

17  offices, the Department of Agriculture and Consumer Services,

18  the Fish and Wildlife Conservation Commission, the Department

19  of Community Affairs, the Department of Transportation, other

20  state agencies, and federal agencies, where applicable.

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

22  where applicable, the following information for each project:

23         (a)  A description of the water body system, its

24  historical and current uses, and its hydrology; a history of

25  the conditions which have led to the need for restoration or

26  protection; and a synopsis of restoration efforts that have

27  occurred to date, if applicable.

28         (b)  An identification of all governmental units that

29  have jurisdiction over the water body and its drainage basin

30  within the approved surface water improvement and management

31

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  1  plan area, including local, regional, state, and federal

  2  units.

  3         (c)  A description of land uses within the project

  4  area's drainage basin, and of important tributaries, point and

  5  nonpoint sources of pollution, and permitted discharge

  6  activities associated with that basin.

  7         (d)  A description of strategies and potential

  8  strategies, including improved stormwater management, for

  9  restoring or protecting the water body to Class III or better

10  surface water quality status.

11         (e)  A listing and synopsis of studies that are being

12  or have been prepared for the water body, stormwater

13  management project, or water resource development project.

14         (f)  A description of the measures needed to manage and

15  maintain the water body once it has been restored and to

16  prevent future degradation, to manage and maintain the

17  stormwater management system, or to manage and maintain the

18  water resource development project.

19         (g)  A schedule for restoration and protection of the

20  water body, implementation of the stormwater management

21  project, or development of the water resource development

22  project.

23         (h)  An estimate of the funding needed to carry out the

24  restoration, protection, or improvement project, or the

25  development of new water resources, where applicable, and the

26  projected sources of the funding.

27         (i)  Numeric performance measures for each project.

28  Each performance measure shall include a baseline measurement,

29  which is the current situation; a performance standard, which

30  water management district staff anticipates the project will

31  achieve; and the performance measurement itself, which should

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  1  reflect the incremental improvements the project accomplishes

  2  towards achieving the performance standard.

  3         (j)  A discussion of permitting and other regulatory

  4  issues related to the project.

  5         (k)  An identification of the proposed public access

  6  for projects with land acquisition components.

  7         (5)  The list of recommended projects shall indicate

  8  the relative significance of each project within the

  9  particular water management district's boundaries, and the

10  schedule of activities and sums of money earmarked should

11  reflect those rankings as much as possible over a 5-year

12  planning horizon.

13         Section 33.  Section 373.59, Florida Statutes, 1998

14  Supplement, is amended to read:

15         373.59  Water Management Lands Trust Fund.--

16         (1)  There is established within the Department of

17  Environmental Protection the Water Management Lands Trust Fund

18  to be used as a nonlapsing fund for the purposes of this

19  section. The moneys in this fund are hereby continually

20  appropriated for the purposes of land acquisition, management,

21  maintenance, capital improvements, payments in lieu of taxes,

22  debt service on bonds issued prior to July 1, 1999,

23  preacquisition costs associated with land purchases, and

24  administration of the fund in accordance with the provisions

25  of this section. However, any water management district with

26  fund balances in the Water Management Lands Trust Fund as of

27  March 1, 1999, may expend those funds for land acquisition

28  pursuant to s. 373.139, in addition to the other purposes

29  specified in this subsection.

30         (2)(a)  By January 15 of each year, each district shall

31  file with the Legislature and the Secretary of Environmental

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  1  Protection a report of acquisition activity together with

  2  modifications or additions to its 5-year plan of acquisition.

  3  Included in the report shall be an identification of those

  4  lands which require a full fee simple interest to achieve

  5  water management goals and those lands which can be acquired

  6  using alternatives to fee simple acquisition techniques and

  7  still achieve such goals.  In their evaluation of which lands

  8  would be appropriate for acquisition through alternatives to

  9  fee simple, district staff shall consider criteria including,

10  but not limited to, acquisition costs, the net present value

11  of future land management costs, the net present value of ad

12  valorem revenue loss to the local government, and the

13  potential for revenue generated from activities compatible

14  with acquisition objectives. The report shall also include a

15  description of land management activity. Expenditure of moneys

16  from the Water Management Lands Trust Fund shall be limited to

17  the costs for acquisition, management, maintenance, and

18  capital improvements of lands titled to the governing boards

19  of the districts and acquired under current or future

20  conservation, preservation, water resources, or recreational

21  land acquisition programs, except as otherwise provided in

22  subsection (1), included within the 5-year plan as filed by

23  each district and to the department's costs of administration

24  of the fund. The department's costs of administration shall be

25  charged proportionally against each district's allocation

26  using the formula provided in subsection (7). However, no

27  acquisition of lands shall occur without a public hearing

28  similar to those held pursuant to the provisions set forth in

29  s. 120.54. In the annual update of its 5-year plan for

30  acquisition, each district shall identify lands needed to

31  protect or recharge groundwater and shall establish a plan for

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  1  their acquisition as necessary to protect potable water

  2  supplies. Lands which serve to protect or recharge groundwater

  3  identified pursuant to this paragraph shall also serve to

  4  protect other valuable natural resources or provide space for

  5  natural resource based recreation.

  6         (b)  Moneys from the fund shall also be used for

  7  continued acquisition, management, maintenance, and capital

  8  improvements of the following lands and lands set forth in the

  9  5-year land acquisition plan of the district:

10         1.  By the South Florida Water Management

11  District--lands in the water conservation areas and areas

12  adversely affected by raising water levels of Lake Okeechobee

13  in accordance with present regulation schedules, and the

14  Savannahs Wetland area in Martin County and St. Lucie County.

15         2.  By the Southwest Florida Water Management

16  District--lands in the Four River Basins areas, including

17  Green Swamp, Upper Hillsborough and Cypress Creek, Anclote

18  Water Storage Lands (Starkey), Withlacoochee and Hillsborough

19  riverine corridors, and Sawgrass Lake addition.

20         3.  By the St. Johns River Water Management

21  District--Seminole Ranch, Latt Maxey and Evans properties in

22  the upper St. Johns River Basin.

23         4.  By the Suwannee River Water Management

24  District--lands in Suwannee River Valley.

25         5.  By the Northwest Florida Water Management

26  District--lands in the Choctawhatchee and Apalachicola River

27  Valleys.

28         (3)  Each district shall remove the property of an

29  unwilling seller from its plan of acquisition at the next

30  scheduled update of the plan, if in receipt of a request to do

31  so by the property owner.

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  1         (4)(a)  Moneys from the Water Management Lands Trust

  2  Fund shall be used for acquiring the fee or other interest in

  3  lands necessary for water management, water supply, and the

  4  conservation and protection of water resources, except that

  5  such moneys shall not be used for the acquisition of

  6  rights-of-way for canals or pipelines.  Such moneys shall also

  7  be used for management, maintenance, and capital improvements.

  8  Interests in real property acquired by the districts under

  9  this section may be used for permittable water resource

10  development and water supply development purposes under the

11  following conditions: the minimum flows and levels of priority

12  water bodies on such lands have been established; the project

13  complies with all conditions for issuance of a permit under

14  part II of this chapter; and the project is compatible with

15  the purposes for which the land was acquired.  Lands acquired

16  with moneys from the fund shall be managed and maintained in

17  an environmentally acceptable manner and, to the extent

18  practicable, in such a way as to restore and protect their

19  natural state and condition.

20         (3)(b)  The Secretary of Environmental Protection shall

21  release moneys from the Water Management Lands Trust Fund to a

22  district for preacquisition costs within 30 days after receipt

23  of a resolution adopted by the district's governing board

24  which identifies and justifies any such preacquisition costs

25  necessary for the purchase of any lands listed in the

26  district's 5-year plan. The district shall return to the

27  department any funds not used for the purposes stated in the

28  resolution, and the department shall deposit the unused funds

29  into the Water Management Lands Trust Fund.

30         (c)  The Secretary of Environmental Protection shall

31  release acquisition moneys from the Water Management Lands

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  1  Trust Fund to a district following receipt of a resolution

  2  adopted by the governing board identifying the lands being

  3  acquired and certifying that such acquisition is consistent

  4  with the plan of acquisition and other provisions of this act.

  5  The governing board shall also provide to the Secretary of

  6  Environmental Protection a copy of all certified appraisals

  7  used to determine the value of the land to be purchased. Each

  8  parcel to be acquired must have at least one appraisal. Two

  9  appraisals are required when the estimated value of the parcel

10  exceeds $500,000. However, when both appraisals exceed

11  $500,000 and differ significantly, a third appraisal may be

12  obtained. If the purchase price is greater than the appraisal

13  price, the governing board shall submit written justification

14  for the increased price. The Secretary of Environmental

15  Protection may withhold moneys for any purchase that is not

16  consistent with the 5-year plan or the intent of this act or

17  that is in excess of appraised value. The governing board may

18  appeal any denial to the Land and Water Adjudicatory

19  Commission pursuant to s. 373.114.

20         (4)(d)  The Secretary of Environmental Protection shall

21  release to the districts moneys for management, maintenance,

22  and capital improvements following receipt of a resolution and

23  request adopted by the governing board which specifies the

24  designated managing agency, specific management activities,

25  public use, estimated annual operating costs, and other

26  acceptable documentation to justify release of moneys.

27         (5)  Water management land acquisition costs shall

28  include payments to owners and costs and fees associated with

29  such acquisition.

30         (5)(6)  If a district issues revenue bonds or notes

31  under s. 373.584 prior to July 1, 1999, the district may

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  1  pledge its share of the moneys in the Water Management Lands

  2  Trust Fund as security for such bonds or notes. The Department

  3  of Environmental Protection shall pay moneys from the trust

  4  fund to a district or its designee sufficient to pay the debt

  5  service, as it becomes due, on the outstanding bonds and notes

  6  of the district; however, such payments shall not exceed the

  7  district's cumulative portion of the trust fund. However, any

  8  moneys remaining after payment of the amount due on the debt

  9  service shall be released to the district pursuant to

10  subsection (4) (3).

11         (6)(7)  Any unused portion of a district's share of the

12  fund shall accumulate in the trust fund to the credit of that

13  district.  Interest earned on such portion shall also

14  accumulate to the credit of that district to be used for land

15  acquisition, management, maintenance, and capital improvements

16  as provided in this section.  The total moneys over the life

17  of the fund available to any district under this section shall

18  not be reduced except by resolution of the district governing

19  board stating that the need for the moneys no longer exists.

20         (7)(8)  Moneys from the Water Management Lands Trust

21  Fund shall be allocated to the five water management districts

22  in the following percentages:

23         (a)  Thirty percent to the South Florida Water

24  Management District.

25         (b)  Twenty-five percent to the Southwest Florida Water

26  Management District.

27         (c)  Twenty-five percent to the St. Johns River Water

28  Management District.

29         (d)  Ten percent to the Suwannee River Water Management

30  District.

31

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  1         (e)  Ten percent to the Northwest Florida Water

  2  Management District.

  3         (8)(9)  Each district may use its allocation under

  4  subsection (7) (8) for management, maintenance, and capital

  5  improvements. Capital improvements shall include, but need not

  6  be limited to, perimeter fencing, signs, firelanes, control of

  7  invasive exotic species, controlled burning, habitat inventory

  8  and restoration, law enforcement, access roads and trails, and

  9  minimal public accommodations, such as primitive campsites,

10  garbage receptacles, and toilets.

11         (9)(10)  Moneys in the fund not needed to meet current

12  obligations incurred under this section shall be transferred

13  to the State Board of Administration, to the credit of the

14  fund, to be invested in the manner provided by law.  Interest

15  received on such investments shall be credited to the fund.

16         (10)(11)  Lands titled to the governing boards of the

17  districts shall be managed and maintained, to the extent

18  practicable, in such a way as to ensure a balance between

19  public access, general public recreational purposes, and

20  restoration and protection of their natural state and

21  condition Lands acquired for the purposes enumerated in this

22  section shall also be used for general public recreational

23  purposes.  General public recreational purposes shall include,

24  but not be limited to, fishing, hunting, horseback riding,

25  swimming, camping, hiking, canoeing, boating, diving, birding,

26  sailing, jogging, and other related outdoor activities to the

27  maximum extent possible considering the environmental

28  sensitivity and suitability of those lands.  These public

29  lands shall be evaluated for their resource value for the

30  purpose of establishing which parcels, in whole or in part,

31  annually or seasonally, would be conducive to general public

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  1  recreational purposes. Such findings shall be included in

  2  management plans which are developed for such public lands.

  3  These lands shall be made available to the public for these

  4  purposes, unless the district governing board can demonstrate

  5  that such activities would be incompatible with the purposes

  6  for which these lands were acquired. For any fee simple

  7  acquisition of a parcel which is or will be leased back for

  8  agricultural purposes, or for any acquisition of a

  9  less-than-fee interest in land that is or will be used for

10  agricultural purposes, the district governing board shall

11  first consider having a soil and water conservation district

12  created pursuant to chapter 582 manage and monitor such

13  interest.

14         (11)  The districts have the authority to adopt rules

15  that specify: allowable activities on district-owned lands;

16  the amount of fees, licenses, or other charges for users of

17  district-owned lands; the application and reimbursement

18  process for payments in lieu of taxes; the use of volunteers

19  for management activities; and the processes related to

20  entering into or severing cooperative land management

21  agreements. Rules promulgated pursuant to this subsection

22  shall be submitted to the President of the Senate and the

23  Speaker of the House of Representatives, for review by the

24  Legislature, no later than 30 days prior to the 2001 Regular

25  Session and shall become effective only after legislative

26  review. In its review, the Legislature may reject, modify, or

27  take no action relative to such rules. The districts shall

28  conform such rules to changes made by the Legislature, or, if

29  no action was taken by the Legislature, such rules shall

30  become effective.

31

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  1         (12)(a)  Beginning July 1, 1999, not more than

  2  one-fourth of the land management funds provided for in

  3  subsections (1) and (7) in any year shall be reserved annually

  4  by a governing board, during the development of its annual

  5  operating budget, for payments in lieu of taxes for all actual

  6  tax losses incurred as a result of governing board

  7  acquisitions for water management districts under the

  8  Stewardship Florida program during any year. Reserved funds

  9  not used for payments in lieu of taxes in any year shall

10  revert to the Water Management Lands Trust Fund to be used in

11  accordance with the provisions of this section.

12         (b)  Payment in lieu of taxes shall be available:

13         1.  To all counties that have a population of 150,000

14  or less.  Population levels shall be determined pursuant to s.

15  11.031.

16         2.  To all local governments located in eligible

17  counties.

18

19  For the purposes of this subsection, "local government"

20  includes municipalities, the county school board, mosquito

21  control districts, and any other local government entity which

22  levies ad valorem taxes.

23         (c)  If insufficient funds are available in any year to

24  make full payments to all qualifying counties and local

25  governments, such counties and local governments shall receive

26  a pro rata share of the moneys available.

27         (d)  The payment amount shall be based on the average

28  amount of actual taxes paid on the property for the 3 years

29  preceding acquisition. Applications for payment in lieu of

30  taxes shall be made no later than January 31 of the year

31  following acquisition. No payment in lieu of taxes shall be

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  1  made for properties which were exempt from ad valorem taxation

  2  for the year immediately preceding acquisition.  If property

  3  that was subject to ad valorem taxation was acquired by a

  4  tax-exempt entity for ultimate conveyance to the state under

  5  this chapter, payment in lieu of taxes shall be made for such

  6  property based upon the average amount of taxes paid on the

  7  property for the 3 years prior to its being removed from the

  8  tax rolls. The water management districts shall certify to the

  9  Department of Revenue those properties that may be eligible

10  under this provision. Once eligibility has been established,

11  that governmental entity shall receive 10 consecutive annual

12  payments, and no further eligibility determination shall be

13  made during that period.

14         (e)  Payment in lieu of taxes pursuant to this

15  subsection shall be made annually to qualifying counties and

16  local governments after certification by the Department of

17  Revenue that the amounts applied for are reasonably

18  appropriate, based on the amount of actual taxes paid on the

19  eligible property, and after the water management districts

20  have provided supporting documents to the Comptroller and have

21  requested that payment be made in accordance with the

22  requirements of this section.

23         (f)  If a water management district conveys to a county

24  or local government title to any land owned by the district,

25  any payments in lieu of taxes on the land made to the county

26  or local government shall be discontinued as of the date of

27  the conveyance.

28         (12)  A district may dispose of land acquired under

29  this section, pursuant to s. 373.056 or s. 373.089.  However,

30  revenue derived from such disposal may not be used for any

31  purpose except the purchase of other lands meeting the

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  1  criteria specified in this section or payment of debt service

  2  on revenue bonds or notes issued under s. 373.584, as provided

  3  in this section.

  4         (13)  No moneys generated pursuant to this act may be

  5  applied or expended subsequent to July 1, 1985, to reimburse

  6  any district for prior expenditures for land acquisition from

  7  ad valorem taxes or other funds other than its share of the

  8  funds provided herein or to refund or refinance outstanding

  9  debt payable solely from ad valorem taxes or other funds other

10  than its share of the funds provided herein.

11         (14)(a)  Beginning in fiscal year 1992-1993, not more

12  than one-fourth of the land management funds provided for in

13  subsections (1) and (9) in any year shall be reserved annually

14  by a governing board, during the development of its annual

15  operating budget, for payment in lieu of taxes to qualifying

16  counties for actual ad valorem tax losses incurred as a result

17  of lands purchased with funds allocated pursuant to s.

18  259.101(3)(b). In addition, the Northwest Florida Water

19  Management District, the South Florida Water Management

20  District, the Southwest Florida Water Management District, the

21  St. Johns River Water Management District, and the Suwannee

22  River Water Management District shall pay to qualifying

23  counties payments in lieu of taxes for district lands acquired

24  with funds allocated pursuant to subsection (8). Reserved

25  funds that are not used for payment in lieu of taxes in any

26  year shall revert to the fund to be used for management

27  purposes or land acquisition in accordance with this section.

28         (b)  Payment in lieu of taxes shall be available to

29  counties for each year in which the levy of ad valorem tax is

30  at least 8.25 mills or the amount of the tax loss from all

31  completed Preservation 2000 acquisitions in the county exceeds

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  1  0.01 percent of the county's total taxable value, and the

  2  population is 75,000 or less and to counties with a population

  3  of less than 100,000 which contain all or a portion of an area

  4  of critical state concern designated pursuant to chapter 380.

  5         (c)  If insufficient funds are available in any year to

  6  make full payments to all qualifying counties, such counties

  7  shall receive a pro rata share of the moneys available.

  8         (d)  The payment amount shall be based on the average

  9  amount of actual taxes paid on the property for the 3 years

10  immediately preceding acquisition. For lands purchased prior

11  to July 1, 1992, applications for payment in lieu of taxes

12  shall be made to the districts by January 1, 1993. For lands

13  purchased after July 1, 1992, applications for payment in lieu

14  of taxes shall be made no later than January 31 of the year

15  following acquisition.  No payment in lieu of taxes shall be

16  made for properties which were exempt from ad valorem taxation

17  for the year immediately preceding acquisition.  Payment in

18  lieu of taxes shall be limited to a period of 10 consecutive

19  years of annual payments.

20         (e)  Payment in lieu of taxes shall be made within 30

21  days after: certification by the Department of Revenue that

22  the amounts applied for are appropriate, certification by the

23  Department of Environmental Protection that funds are

24  available, and completion of any fund transfers to the

25  district. The governing board may reduce the amount of a

26  payment in lieu of taxes to any county by the amount of other

27  payments, grants, or in-kind services provided to that county

28  by the district during the year. The amount of any reduction

29  in payments shall remain in the Water Management Lands Trust

30  Fund for purposes provided by law.

31

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  1         (f)  If a district governing board conveys to a local

  2  government title to any land owned by the board, any payments

  3  in lieu of taxes on the land made to the local government

  4  shall be discontinued as of the date of the conveyance.

  5         (13)(15)  Each district is encouraged to use volunteers

  6  to provide land management and other services.  Volunteers

  7  shall be covered by liability protection and workers'

  8  compensation in the same manner as district employees, unless

  9  waived in writing by such volunteers or unless such volunteers

10  otherwise provide equivalent insurance.

11         (14)(16)  Each water management district is authorized

12  and encouraged to enter into cooperative land management

13  agreements with state agencies or local governments to provide

14  for the coordinated and cost-effective management of lands to

15  which the water management districts, the Board of Trustees of

16  the Internal Improvement Trust Fund, or local governments hold

17  title. Any such cooperative land management agreement must be

18  consistent with any applicable laws governing land use,

19  management duties, and responsibilities and procedures of each

20  cooperating entity. Each cooperating entity is authorized to

21  expend such funds as are made available to it for land

22  management on any such lands included in a cooperative land

23  management agreement.

24         (15)(17)  Notwithstanding any provision of this section

25  to the contrary and for the 1998-1999 fiscal year only, the

26  governing board of a water management district may request,

27  and the Secretary of Environmental Protection shall release

28  upon such request, moneys allocated to the districts pursuant

29  to subsection (7) (8) for the purpose of carrying out the

30  provisions of ss. 373.451-373.4595. No funds may be used

31  pursuant to this subsection until necessary debt service

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  1  obligations and requirements for payments in lieu of taxes

  2  that may be required pursuant to this section are provided

  3  for. This subsection is repealed on July 1, 1999.

  4         (16)  The following additional uses of lands acquired

  5  pursuant to the Stewardship Florida program and other

  6  state-funded land purchase programs shall be authorized, if

  7  they meet the criteria specified in paragraphs (a)-(e): water

  8  resource development projects, water supply development

  9  projects, stormwater management projects, linear facilities,

10  and sustainable agriculture and forestry.  Such additional

11  uses are authorized where:

12         (a)  Not inconsistent with the management plan for such

13  lands;

14         (b)  Compatible with the natural ecosystem and resource

15  values of such lands;

16         (c)  The proposed use is appropriately located on such

17  lands and where due consideration is given to the use of other

18  available lands;

19         (d)  The using entity reasonably compensates the

20  titleholder for such use based upon an appropriate measure of

21  value; and

22         (e)  The use provides a significant public benefit.

23

24  Moneys received from the use of state lands pursuant to this

25  subsection shall be returned to the lead managing agency in

26  accordance with the provisions of s. 259.032(11)(d).

27         Section 34.  Section 375.075, Florida Statutes, is

28  amended to read:

29         375.075  Outdoor recreation; financial assistance to

30  local governments.--

31

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  1         (1)  The Department of Environmental Protection is

  2  authorized, pursuant to s. 370.023, to establish the Florida

  3  Recreation Development Assistance Program to provide grants to

  4  qualified local governmental entities to acquire or develop

  5  land for public outdoor recreation purposes. To the extent not

  6  needed for debt service on bonds issued pursuant to s.

  7  375.051, each fiscal year through fiscal year 2000-2001, the

  8  department shall develop and plan a program which shall be

  9  based upon funding of not less than 5 percent of the money

10  credited to the Land Acquisition Trust Fund pursuant to s.

11  201.15(2) and (3) in that year. Beginning fiscal year

12  2001-2002, the department shall develop and plan a program

13  which shall be based upon funding provided from the

14  Stewardship Florida Trust Fund pursuant to s. 259.105(3)(h).

15         (2)(a)  The department shall adopt, by rule, procedures

16  to govern the program, which shall include, but need not be

17  limited to, a competitive project selection process designed

18  to maximize the outdoor recreation benefit to the public.

19         (b)  Selection criteria shall, at a minimum, rank:

20         1.  The extent to which the project would implement the

21  outdoor recreation goals, objectives, and priorities specified

22  in the state comprehensive outdoor recreation plan; and

23         2.  The extent to which the project would provide for

24  priority resource or facility needs in the region as specified

25  in the state comprehensive outdoor recreation plan.

26         (c)  No release of funds from the Land Acquisition

27  Trust Fund, or from the Stewardship Florida Trust Fund

28  beginning in fiscal year 2001-2002, for this program may be

29  made for these public recreation projects until the projects

30  have been selected through the competitive selection process

31  provided for in this section.

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  1         (3)  A local government may submit up to two grant

  2  applications during each application period announced by the

  3  department.  However, a local government may not have more

  4  than three active projects expending grant funds during any

  5  state fiscal year.  The maximum project grant for each project

  6  application may not exceed $200,000 in state funds.

  7         Section 35.  Subsection (13) of section 380.0666,

  8  Florida Statutes, is amended to read:

  9         380.0666  Powers of land authority.--The land authority

10  shall have all the powers necessary or convenient to carry out

11  and effectuate the purposes and provisions of this act,

12  including the following powers, which are in addition to all

13  other powers granted by other provisions of this act:

14         (13)  To identify parcels of land within the area or

15  areas of critical state concern that would be appropriate

16  acquisitions by the state from the Conservation and

17  Recreational Lands Trust Fund and recommend such acquisitions

18  to the advisory council established pursuant to s. 259.035 or

19  its successor.

20         Section 36.  Subsection (4) of section 380.22, Florida

21  Statutes, 1998 Supplement, is amended to read:

22         380.22  Lead agency authority and duties.--

23         (4)  The department shall establish a county-based

24  process for identifying, and setting priorities for acquiring,

25  coastal properties in coordination with the Land Acquisition

26  and Management Advisory Council, or its successor, and the

27  Coastal Resources Interagency Management Committee so these

28  properties may be acquired as part of the state's land

29  acquisition programs.  This process shall include the

30  establishment of criteria for prioritizing coastal

31  acquisitions which, in addition to recognizing pristine

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  1  coastal properties and coastal properties of significant or

  2  important environmental sensitivity, recognize hazard

  3  mitigation, beach access, beach management, urban recreation,

  4  and other policies necessary for effective coastal management.

  5         Section 37.  Section 380.503, Florida Statutes, is

  6  amended to read:

  7         380.503  Definitions.--As used in ss. 380.501-380.515,

  8  unless the context indicates a different meaning or intent:

  9         (1)(4)  "Comprehensive plan" means a plan that meets

10  the requirements of ss. 163.3177, 163.3178, and 163.3191.

11         (2)(13)  "Department" means the Department of Community

12  Affairs.

13         (3)(2)  "Local government" means a county or

14  municipality.

15         (4)  "Metropolitan" means a population area consisting

16  of a central city with adjacent cities and smaller surrounding

17  communities: a major urban area and its environs.

18         (5)(3)  "Nonprofit organization" means any private

19  nonprofit organization, existing under the provisions of s.

20  501(c)(3) of the United States Internal Revenue Code, which

21  has among its principal goals the conservation of natural

22  resources or protection of the environment.

23         (6)(14)  "Program" means a plan that is established or

24  will be established by a local government to create innovative

25  approaches that will assist in the implementation of the

26  conservation, recreation and open space, or coastal management

27  elements of the local comprehensive plan, such as a transfer

28  of development rights program or an environmental or

29  recreational land acquisition program.

30

31

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  1         (7)(5)  "Project" means any work on, improvement to, or

  2  acquisition of real property, buildings, or any other

  3  property.

  4         (8)(10)  "Public access project" means action taken

  5  pursuant to this part to create or improve public accessways

  6  to surface waters.

  7         (9)(6)  "Real property" means any interest in land and

  8  may also include any appurtenances and improvements to the

  9  land.

10         (10)(8)  "Redevelopment project" means action taken

11  pursuant to this part to correct undesirable development

12  patterns.

13         (11)(9)  "Resource enhancement project" means action

14  taken pursuant to this part to restore, as nearly as possible,

15  degraded natural areas to their original condition or to

16  enhance the resource values of a natural area.

17         (12)  "Site reservation" means temporarily acquiring

18  and holding areas identified for public use, then transferring

19  the land to an appropriate state agency, local government, or

20  nonprofit organization for management for public use.

21         (13)(7)  "Surface waters" means publicly owned waters

22  upon the surface of the earth, whether contained in bounds

23  created naturally or artificially or diffused.

24         (14)(1)  "Trust" means the Florida Communities Trust

25  created pursuant to this part.

26         (15)  "Urban area" means an area of or for development

27  characterized by social, economic, and institutional

28  activities that are predominantly based on the manufacture,

29  production, distribution, or provision of goods and services,

30  in a setting that typically includes residential and

31

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  1  nonresidential development uses other than those

  2  characteristic of rural areas.

  3         (16)(15)  "Urban greenways and open space project"

  4  means action taken pursuant to this part to acquire lands or

  5  interest in lands to create a linear open space protected and

  6  managed as part of linked conservation lands or recreational

  7  opportunities in an urban area, or to preserve open space or

  8  historic sites to enhance recreational and cultural

  9  opportunities in an urban area.

10         (17)(11)  "Urban waterfront restoration project" means

11  action taken pursuant to this part to restore deteriorated or

12  deteriorating urban waterfronts for public use and enjoyment.

13         Section 38.  Subsection (1) of section 380.504, Florida

14  Statutes, is amended to read:

15         380.504  Florida Communities Trust; creation;

16  membership; expenses.--

17         (1)  There is created within the Department of

18  Community Affairs a nonregulatory state agency and

19  instrumentality, which shall be a public body corporate and

20  politic, known as the "Florida Communities Trust." The

21  governing body of the trust shall consist of:

22         (a)  The Secretary of Community Affairs and the

23  Secretary of Environmental Protection; and

24         (b)  Four Three public members whom the Governor shall

25  appoint subject to Senate confirmation.

26

27  The Governor shall appoint a former elected official of a

28  county local government, a former elected official of a

29  metropolitan municipal government, a representative of a

30  nonprofit organization as defined in this part, and a

31  representative of the development industry. The Secretary of

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  1  Community Affairs may designate his or her assistant secretary

  2  or the director of the Division of Community Resource Planning

  3  and Management to serve in his or her absence. The Secretary

  4  of Environmental Protection may appoint his or her deputy

  5  secretary assistant executive director, the deputy assistant

  6  director for Land Resources, the director of the Division of

  7  State Lands, or the director of the Division of Recreation and

  8  Parks to serve in his or her absence. The Secretary of

  9  Community Affairs shall be the chair of the governing body of

10  the trust. The Governor shall make his or her appointments

11  upon the expiration of any current terms or within 60 days

12  after the effective date of the resignation of any member.

13         Section 39.  Section 380.505, Florida Statutes, is

14  amended to read:

15         380.505  Meetings; quorum; voting.--The powers of the

16  trust shall be vested in its governing body members.  The

17  governing body may delegate such powers to department staff as

18  it deems necessary.  Four Three members of the governing body

19  shall constitute a quorum for the purpose of conducting its

20  business and exercising its powers and for all other purposes.

21  However, the governing body may take action only upon an

22  affirmative vote of at least four three members.  The

23  governing body shall meet at least quarterly, and may meet

24  more often at the call of the chair or upon an affirmative

25  vote of three members.

26         Section 40.  Subsections (4) and (11) of section

27  380.507, Florida Statutes, are amended to read:

28         380.507  Powers of the trust.--The trust shall have all

29  the powers necessary or convenient to carry out the purposes

30  and provisions of this part, including:

31

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  1         (4)  To acquire and dispose of real and personal

  2  property or any interest therein when necessary or appropriate

  3  to protect the natural environment, provide public access or

  4  public recreational facilities, preserve wildlife habitat

  5  areas, provide access for managing acquired lands, or

  6  otherwise carry out the purposes of this part.  If the trust

  7  acquires land for permanent state ownership, title to such

  8  land shall be vested in the Board of Trustees of the Internal

  9  Improvement Trust Fund; otherwise, title to property acquired

10  in partnership with a county or municipality shall vest in the

11  name of the local government. Notwithstanding any other

12  provision of law, the trust may enter into an option agreement

13  to purchase lands included in projects approved according to

14  this part, when necessary to reserve lands during the

15  preparation of project plans and during acquisition

16  proceedings. The consideration for an option shall not exceed

17  $100,000.

18         (11)  To make rules necessary to carry out the purposes

19  of this part and to exercise any power granted in this part,

20  pursuant to the provisions of chapter 120. The trust shall

21  adopt rules governing the acquisition of lands by local

22  governments or the trust using proceeds from the Preservation

23  2000 Trust Fund and the Stewardship Florida Trust Fund,

24  consistent with the intent expressed in the Stewardship

25  Florida Act. Such rules must include, but are not limited to,

26  procedures for appraisals and confidentiality consistent with

27  ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method

28  of determining a maximum purchase price, and procedures to

29  assure that the land is acquired in a voluntarily negotiated

30  transaction, surveyed, conveyed with marketable title, and

31  examined for hazardous materials contamination. Land

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  1  acquisition procedures of a local land authority created

  2  pursuant to s. 380.0663 or s. 380.0677 may shall be used for

  3  the land acquisition programs described by ss. s.

  4  259.101(3)(c) and 259.105 if within areas of critical state

  5  concern designated pursuant to s. 380.05, subject to approval

  6  of the trust.

  7         Section 41.  Subsection (7) of section 380.510, Florida

  8  Statutes, is amended to read:

  9         380.510  Conditions of grants and loans.--

10         (7)  Any funds received by the trust from the

11  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and

12  the Stewardship Florida Trust Fund pursuant to s.

13  259.105(3)(c) shall be held separate and apart from any other

14  funds held by the trust and shall be used only to pay the cost

15  of the acquisition of lands by a local government or the state

16  for the purposes of this part. Such funds may not be used to

17  pay for a redevelopment project or an urban waterfront

18  restoration project or for site reservation except to acquire

19  lands to help implement the goals, objectives, and policies of

20  the coastal, the conservation, or recreation and open space

21  elements of the local comprehensive plan.  In addition to the

22  other conditions set forth in this section, the disbursement

23  of Preservation 2000 and Stewardship Florida funds from the

24  trust shall be subject to the following conditions:

25         (a)  The administration and use of any funds received

26  by the trust from the Preservation 2000 Trust Fund and the

27  Stewardship Florida Trust Fund shall be subject to such terms

28  and conditions imposed thereon by the agency of the state

29  responsible for the revenue bonds, the proceeds of which are

30  deposited in the Preservation 2000 Trust Fund and the

31  Stewardship Florida Trust Fund, including restrictions imposed

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  1  to ensure that the interest on any such revenue bonds issued

  2  by the state as tax-exempt revenue bonds will not be included

  3  in the gross income of the holders of such bonds for federal

  4  income tax purposes.

  5         (b)  All deeds or leases with respect to any real

  6  property acquired with funds received by the trust from the

  7  Preservation 2000 Trust Fund shall contain such covenants and

  8  restrictions as are sufficient to ensure that the use of such

  9  real property at all times complies with s. 375.051 and s. 9,

10  Art. XII of the State Constitution. All deeds or leases with

11  respect to any real property acquired with funds received by

12  the trust from the Stewardship Florida Trust Fund shall

13  contain such covenants and restrictions as are sufficient to

14  ensure that the use of such real property at all times

15  complies with s. 11(e), Art. VII of the State Constitution.

16  Each deed or lease shall contain a reversion, conveyance, or

17  termination clause that will vest title in the Board of

18  Trustees of the Internal Improvement Trust Fund if any of the

19  covenants or restrictions are violated by the titleholder or

20  leaseholder or by some third party with the knowledge of the

21  titleholder or leaseholder.

22         Section 42.  Effective July 1, 2001, subsections (5)

23  and (6) of section 420.5092, Florida Statutes, are amended to

24  read:

25         420.5092  Florida Affordable Housing Guarantee

26  Program.--

27         (5)  Pursuant to s. 16, Art. VII of the State

28  Constitution, the corporation may issue, in accordance with s.

29  420.509, revenue bonds of the corporation to establish the

30  guarantee fund.  Such revenue bonds shall be primarily payable

31  from and secured by annual debt service reserves, from

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  1  interest earned on funds on deposit in the guarantee fund,

  2  from fees, charges, and reimbursements established by the

  3  corporation for the issuance of affordable housing guarantees,

  4  and from any other revenue sources received by the corporation

  5  and deposited by the corporation into the guarantee fund for

  6  the issuance of affordable housing guarantees.  To the extent

  7  such primary revenue sources are considered insufficient by

  8  the corporation, pursuant to the certification provided in

  9  subsection (6), to fully fund the annual debt service reserve,

10  the certified deficiency in such reserve shall be additionally

11  payable from the first proceeds of the documentary stamp tax

12  moneys deposited into the State Housing Trust Fund pursuant to

13  s. 201.15(9)(6)(a) and (10)(7)(a) during the ensuing state

14  fiscal year.

15         (6)(a)  If the primary revenue sources to be used for

16  repayment of revenue bonds used to establish the guarantee

17  fund are insufficient for such repayment, the annual principal

18  and interest due on each series of revenue bonds shall be

19  payable from funds in the annual debt service reserve.  The

20  corporation shall, before June 1 of each year, perform a

21  financial audit to determine whether at the end of the state

22  fiscal year there will be on deposit in the guarantee fund an

23  annual debt service reserve from interest earned pursuant to

24  the investment of the guarantee fund, fees, charges, and

25  reimbursements received from issued affordable housing

26  guarantees and other revenue sources available to the

27  corporation. Based upon the findings in such guarantee fund

28  financial audit, the corporation shall certify to the

29  Comptroller the amount of any projected deficiency in the

30  annual debt service reserve for any series of outstanding

31  bonds as of the end of the state fiscal year and the amount

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  1  necessary to maintain such annual debt service reserve. Upon

  2  receipt of such certification, the Comptroller shall transfer

  3  to the annual debt service reserve, from the first available

  4  taxes distributed to the State Housing Trust Fund pursuant to

  5  s. 201.15(9)(6)(a) and (10)(7)(a) during the ensuing state

  6  fiscal year, the amount certified as necessary to maintain the

  7  annual debt service reserve.

  8         (b)  If the claims payment obligations under affordable

  9  housing guarantees from amounts on deposit in the guarantee

10  fund would cause the claims paying rating assigned to the

11  guarantee fund to be less than the third-highest rating

12  classification of any nationally recognized rating service,

13  which classifications being consistent with s. 215.84(3) and

14  rules adopted thereto by the State Board of Administration,

15  the corporation shall certify to the Comptroller the amount of

16  such claims payment obligations. Upon receipt of such

17  certification, the Comptroller shall transfer to the guarantee

18  fund, from the first available taxes distributed to the State

19  Housing Trust Fund pursuant to s. 201.15(9)(6)(a) and

20  (10)(7)(a) during the ensuing state fiscal year, the amount

21  certified as necessary to meet such obligations, such transfer

22  to be subordinate to any transfer referenced in paragraph (a)

23  and not to exceed 50 percent of the amounts distributed to the

24  State Housing Trust Fund pursuant to s. 201.15(9)(6)(a) and

25  (10)(7)(a) during the preceding state fiscal year.

26         Section 43.  Effective July 1, 2001, section 420.9073,

27  Florida Statutes, 1998 Supplement, is amended to read:

28         420.9073  Local housing distributions.--

29         (1)  Distributions calculated in this section shall be

30  disbursed on a monthly basis by the agency beginning the first

31  day of the month after program approval pursuant to s.

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  1  420.9072.  Each county's share of the funds to be distributed

  2  from the portion of the funds in the Local Government Housing

  3  Trust Fund received pursuant to s. 201.15(9)(6) shall be

  4  calculated by the agency for each fiscal year as follows:

  5         (a)  Each county other than a county that has

  6  implemented the provisions of chapter 83-220, Laws of Florida,

  7  as amended by chapters 84-270, 86-152, and 89-252, Laws of

  8  Florida, shall receive the guaranteed amount for each fiscal

  9  year.

10         (b)  Each county other than a county that has

11  implemented the provisions of chapter 83-220, Laws of Florida,

12  as amended by chapters 84-270, 86-152, and 89-252, Laws of

13  Florida, may receive an additional share calculated as

14  follows:

15         1.  Multiply each county's percentage of the total

16  state population excluding the population of any county that

17  has implemented the provisions of chapter 83-220, Laws of

18  Florida, as amended by chapters 84-270, 86-152, and 89-252,

19  Laws of Florida, by the total funds to be distributed.

20         2.  If the result in subparagraph 1. is less than the

21  guaranteed amount as determined in subsection (3), that

22  county's additional share shall be zero.

23         3.  For each county in which the result in subparagraph

24  1. is greater than the guaranteed amount as determined in

25  subsection (3), the amount calculated in subparagraph 1. shall

26  be reduced by the guaranteed amount.  The result for each such

27  county shall be expressed as a percentage of the amounts so

28  determined for all counties.  Each such county shall receive

29  an additional share equal to such percentage multiplied by the

30  total funds received by the Local Government Housing Trust

31

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  1  Fund pursuant to s. 201.15(9)(6) reduced by the guaranteed

  2  amount paid to all counties.

  3         (2)  Effective July 1, 1995, distributions calculated

  4  in this section shall be disbursed on a monthly basis by the

  5  agency beginning the first day of the month after program

  6  approval pursuant to s. 420.9072.  Each county's share of the

  7  funds to be distributed from the portion of the funds in the

  8  Local Government Housing Trust Fund received pursuant to s.

  9  201.15(10)(7) shall be calculated by the agency for each

10  fiscal year as follows:

11         (a)  Each county shall receive the guaranteed amount

12  for each fiscal year.

13         (b)  Each county may receive an additional share

14  calculated as follows:

15         1.  Multiply each county's percentage of the total

16  state population, by the total funds to be distributed.

17         2.  If the result in subparagraph 1. is less than the

18  guaranteed amount as determined in subsection (3), that

19  county's additional share shall be zero.

20         3.  For each county in which the result in subparagraph

21  1. is greater than the guaranteed amount, the amount

22  calculated in subparagraph 1. shall be reduced by the

23  guaranteed amount.  The result for each such county shall be

24  expressed as a percentage of the amounts so determined for all

25  counties.  Each such county shall receive an additional share

26  equal to this percentage multiplied by the total funds

27  received by the Local Government Housing Trust Fund pursuant

28  to s. 201.15(10)(7) as reduced by the guaranteed amount paid

29  to all counties.

30         (3)  Calculation of guaranteed amounts:

31

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  1         (a)  The guaranteed amount under subsection (1) shall

  2  be calculated for each state fiscal year by multiplying

  3  $350,000 by a fraction, the numerator of which is the amount

  4  of funds distributed to the Local Government Housing Trust

  5  Fund pursuant to s. 201.15(9)(6) and the denominator of which

  6  is the total amount of funds distributed to the Local

  7  Government Housing Trust Fund pursuant to s. 201.15.

  8         (b)  The guaranteed amount under subsection (2) 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(10)(7) 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         (4)  Funds distributed pursuant to this section may not

16  be pledged to pay debt service on any bonds.

17         Section 44.  Section 253.787, Florida Statutes, is

18  repealed.

19         Section 45.  Effective July 1, 2000, section 259.035,

20  Florida Statutes, 1998 Supplement, and section 259.07, Florida

21  Statutes, are repealed.

22         Section 46.  Stewardship Florida Study Commission.--

23         (1)(a)  There is hereby created the Stewardship Florida

24  Study Commission, consisting of 11 members. The Governor shall

25  appoint five members and the President of the Senate and the

26  Speaker of the House of Representatives shall each appoint

27  three members. The membership of the commission shall reflect

28  a broad range of interests and expertise related to land

29  restoration, acquisition, and management and shall include,

30  but not be limited to, persons with training in hydrogeology,

31  wildlife biology, engineering, real estate, and forestry

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  1  management, and persons with substantial expertise

  2  representing environmental interests, agricultural and

  3  silvicultural interests, outdoor recreational interests, and

  4  land development interests.

  5         (b)  Each member of the commission may receive per diem

  6  and travel expenses, as provided in s. 112.061, Florida

  7  Statutes, while carrying out the official business of the

  8  commission.

  9         (c)  The commission shall be staffed by an executive

10  director and other personnel who are appointed by the

11  commission and who are exempt from part II of chapter 110,

12  Florida Statutes, relating to the Career Service System.

13         (d)  The commission is assigned, for administrative

14  purposes, to the Executive Office of the Governor.

15         (e)  Appointments shall be made by August 15, 1999, and

16  the commission's first meeting shall be held by September 15,

17  1999. The commission shall exist until December 31, 2000. The

18  Governor shall designate, from among the appointees, the chair

19  of the commission.

20         (2)  The Stewardship Florida Study Commission shall:

21         (a)  Provide a report to the Acquisition and

22  Restoration Commission, by September 1, 2000, which meets the

23  following requirements:

24         1.  Establishes specific goals for those identified in

25  s. 259.105(4), Florida Statutes.

26         2.  Provides recommendations expanding or refining the

27  goals identified in s. 259.105(4), Florida Statutes.

28         3.  Provides recommendations for the development and

29  identification of performance measures to be used for

30  analyzing the progress made towards the goals established

31  pursuant to s. 259.105(4), Florida Statutes.

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  1         4.  Provides recommendations for the process by which

  2  projects are to be submitted, reviewed, and approved by the

  3  Acquisition and Restoration Commission. The study commission

  4  is specifically to examine ways to streamline the process

  5  created by the Stewardship Florida Act.

  6         (b)  The report shall be based on the following:

  7         1.  Comments received during a minimum of four public

  8  hearings, in different areas of the state, held for the

  9  purpose of gathering public input and recommendations.

10         2.  An evaluation of Florida's existing public land

11  acquisition programs for conservation, preservation, and

12  recreational purposes, including those administered by the

13  water management districts, to determine the extent of

14  Florida's unmet needs for restoration, acquisition, and

15  management of public lands and water areas and for acquisition

16  of privately owned lands and water areas.

17         3.  Material and data developed by the Florida Natural

18  Areas Inventory concerning Florida's conservation lands.

19         (3)  There is hereby appropriated the sum of $125,000

20  from the Conservation and Recreation Lands Trust Fund and the

21  sum of $125,000 from the Water Management Lands Trust Fund to

22  the Executive Office of the Governor for fiscal year 1999-2000

23  to fund the administrative expenses of the Stewardship Florida

24  Study Commission.

25         Section 47.  Except as otherwise provided herein, this

26  act shall take effect July 1, 1999.

27

28

29

30

31

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