House Bill 2021e1

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                                    CS/CS/HB 2021, First Engrossed



  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; authorizing

25         contractual arrangements to manage state owned

26         lands; amending s. 253.7825, F.S.; revising

27         acreage requirements for a horse

28         park-agricultural center; amending s. 259.03;

29         F.S.; deleting obsolete definitions; providing

30         new definitions; amending s. 259.032, F.S.;

31         providing legislative intent; specifying


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                                    CS/CS/HB 2021, First Engrossed



  1         certain uses of funds from the Conservation and

  2         Recreation Lands Trust Fund; revising

  3         provisions relating to individual land

  4         management plans; revising eligibility for

  5         payment in lieu of taxes; deleting obsolete

  6         language; revising timeframe for removal of

  7         certain projects from a priority list; creating

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

  9         Restoration Commission; specifying membership

10         and duties; providing for compensation;

11         authorizing adoption of rules; providing for

12         per diem and travel expenses; amending s.

13         259.035, F.S.; correcting a cross reference;

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

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

16         language and cross references; amending s.

17         259.041, F.S.; providing procedures and

18         guidelines for land acquisition; providing

19         legislative intent and guidelines for use of

20         less than fee land acquisition alternatives;

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

22         redistribution for certain unencumbered P2000

23         funds; conforming language and cross

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

25         the Stewardship Florida Act; providing

26         legislative findings and intent; providing for

27         issuing bonds; providing for distribution and

28         use of bond proceeds; providing project goals

29         and selection criteria; providing application

30         and selection procedures; authorizing certain

31         uses of acquired lands; authorizing adoption of


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                                    CS/CS/HB 2021, First Engrossed



  1         rules, subject to legislative review;

  2         authorizing contractual arrangements to manage

  3         lands identified for acquisition under

  4         Stewardship Florida program; amending s.

  5         260.012, F.S.; clarifying legislative intent

  6         relating to the statewide system of greenways

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

  8         clarifying a definition; amending s. 260.014,

  9         F.S.; including waterways in the statewide

10         system of greenways and trails; creating s.

11         260.0142, F.S.; creating the Florida Greenways

12         and Trails Council within the Department of

13         Environmental Protection; providing for

14         membership, powers, and duties; amending s.

15         260.016, F.S.; revising powers of the

16         Department of Environmental Protection with

17         respect to greenways and trails; deleting

18         reference to the Florida Recreational Trails

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

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

21         providing conforming language; providing

22         exceptions to the designation process for

23         certain recreational trails; amending s.

24         369.252, F.S.; providing for the use of certain

25         funds from the Aquatic Plant Control Trust

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

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

28         providing procedure for the surplusing of water

29         management district lands; amending s. 373.139,

30         F.S.; revising authority and requirements for

31         acquisition and disposition of lands by the


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                                    CS/CS/HB 2021, First Engrossed



  1         water management districts; providing district

  2         rulemaking authority, subject to legislative

  3         review; creating s. 373.1391, F.S.; providing

  4         criteria for management and uses of district

  5         lands; providing district rulemaking authority,

  6         subject to legislative review; creating s.

  7         373.199, F.S.; providing duties of the water

  8         management districts in assisting the

  9         Acquisition and Restoration Commission;

10         requiring development of recommended project

11         lists; specifying required information;

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

13         reuse of reclaimed water; amending s.

14         373.59,F.S.; revising authorized uses of funds

15         from the Water Management Lands Trust Fund;

16         revising eligibility criteria for payment in

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

18         revising funding and procedures for the Florida

19         Recreation Development Assistance Program;

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

21         providing conforming language; amending s.

22         380.503, F.S.; providing definitions; amending

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

24         the Florida Communities Trust; amending s.

25         380.505, F.S.; revising quorum requirements;

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

27         titling of certain acquired property to a local

28         government; revising rulemaking authority;

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

30         and restrictions for certain property,

31         necessary to comply with constitutional


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                                    CS/CS/HB 2021, First Engrossed



  1         requirements; amending ss. 420.5092 and

  2         420.9073, F.S.; correcting cross references;

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

  4         Florida Greenways Coordinating Council;

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

  6         Land Acquisition and Management Advisory

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

  8         public meetings of the council; creating the

  9         Stewardship Florida Study Commission; providing

10         membership and duties; providing an

11         appropriation; providing effective dates.

12

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

14

15         Section 1.  Section 201.15, Florida Statutes, 1998

16  Supplement, is 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 and shall be

24  distributed as follows:

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

26  the remaining taxes collected under this chapter shall be used

27  for the following purposes:

28         (a)  Amounts Subject to the maximum amount limitations

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

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

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


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                                    CS/CS/HB 2021, First Engrossed



  1  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

  3  issued pursuant to s. 375.051 and payable from moneys

  4  transferred to the Land Acquisition Trust Fund pursuant to

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

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

  7  purposes. The amount transferred to the Land Acquisition Trust

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

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

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

11  1995-1996, $210 million in fiscal year 1996-1997, $240 million

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

13  1998-1999, and $300 million in fiscal year 1999-2000 and

14  thereafter for Preservation 2000 bonds and bonds issued to

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

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

17  The annual amount transferred to the Land Acquisition Trust

18  Fund for Stewardship Florida bonds shall not exceed $30

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

20  The limitation on the amount transferred shall be increased by

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

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

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

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

25  issued to fund the Stewardship Florida Act be retired by

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

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

28  issued pursuant to this paragraph unless such bonds are

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

30  specifically appropriated in the General Appropriations Act.

31  For purposes of refunding Preservation 2000 bonds, amounts


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                                    CS/CS/HB 2021, First Engrossed



  1  designated within this section for Preservation 2000 and

  2  Stewardship Florida bonds may be transferred between the two

  3  programs to the extent provided for in the documents

  4  authorizing the issuance of the bonds. The Preservation 2000

  5  bonds and Stewardship Florida bonds shall be equally and

  6  ratably secured by moneys distributable to the Land

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

  8  extent specifically provided otherwise by the documents

  9  authorizing the issuance of the bonds. No moneys transferred

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

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

12  debt service on the Save Our Coast revenue bonds.

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

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

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

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

17  for which funds deposited in the Land Acquisition Trust Fund

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

19  continue until the cumulative amount credited to the Land

20  Acquisition Trust Fund for the fiscal year under this

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

22  current official forecast for distributions of taxes collected

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

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

25  recent forecast as determined by the Revenue Estimating

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

27  changes after payments under this paragraph have ended during

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

29  paragraph during the fiscal year.

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

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


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                                    CS/CS/HB 2021, First Engrossed



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

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

  3  for which funds deposited in the Land Acquisition Trust Fund

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

  5  continue until the cumulative amount credited to the Land

  6  Acquisition Trust Fund for the fiscal year under this

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

  8  current official forecast for distributions of taxes collected

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

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

11  recent forecast as determined by the Revenue Estimating

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

13  changes after payments under this paragraph have ended during

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

15  paragraph during the fiscal year.

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

17  remaining taxes collected under this chapter shall be used for

18  the following purposes:

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

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

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

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

23  the purposes for which the General Revenue Fund was created

24  and exists by law or to the Ecosystem Management and

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

26  made under this paragraph shall continue until the cumulative

27  amount credited to the General Revenue Fund for the fiscal

28  year under this paragraph equals the cumulative payments made

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

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

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


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                                    CS/CS/HB 2021, First Engrossed



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

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

  3  which funds deposited in the Land Acquisition Trust Fund may

  4  lawfully be used.

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

  6  remaining taxes collected under this chapter shall be paid

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

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

  9  this section shall be used for the following purposes:

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

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

12  to acquire coastal lands; and

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

14  develop and manage lands acquired with moneys from the Land

15  Acquisition Trust Fund.

16         (4)  Five and eighty-four hundredths percent of the

17  remaining taxes collected under this chapter shall be paid

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

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

20  any purpose authorized in s. 373.59.

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

22  remaining taxes collected under this chapter shall be paid

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

24  Recreation Lands Trust Fund to carry out the purposes set

25  forth in s. 259.032.

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

27  remaining taxes collected under this chapter shall be paid

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

29  Trust Fund and shall be used as follows:

30

31


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                                    CS/CS/HB 2021, First Engrossed



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

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

  3  by law.

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

  5  Treasury to the credit of the Local Government Housing Trust

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

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

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

  9  remaining taxes collected under this chapter shall be paid

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

11  Trust Fund and shall be used as follows:

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

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

14  by the Department of Community Affairs and by the Florida

15  Housing Finance Agency for the purposes for which the State

16  Housing Trust Fund was created and exists by law.

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

18  shall be distributed to the Local Government Housing Trust

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

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

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

22  and local services to assist the homeless.

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

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

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

26  Treasury to the credit of the Ecosystem Management and

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

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

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

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

31  ss. 161.091-161.212.


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                                    CS/CS/HB 2021, First Engrossed



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

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

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

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

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

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

  7  which is payments credited to that trust fund under this

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

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

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

11         (10)  The distribution of proceeds deposited into the

12  Water Management Lands Trust Fund and the Conservation and

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

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

15  for preacquisition costs associated with land purchases.  The

16  Legislature intends that the Stewardship Florida program

17  supplant the acquisition programs formerly authorized under

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

19  the Legislature, the Acquisition and Restoration Commission

20  shall review and make recommendations to the Legislature

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

22  recommendations, the Legislature shall review the need to

23  repeal this provision during the 2005 Regular Session.

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

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

26  amended to read:

27         201.15  Distribution of taxes collected.--All taxes

28  collected under this chapter shall be distributed as follows

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

30  215.20(1), except that such service charge shall not be levied

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


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                                    CS/CS/HB 2021, First Engrossed



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

  2  required to pay any amounts relating to the bonds:

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

  4  the remaining taxes collected under this chapter shall be used

  5  for the following purposes:

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

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

  8  obligations, or other amounts with respect to Preservation

  9  2000 bonds issued pursuant to s. 375.051 and Stewardship

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

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

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

13  transferred to the Land Acquisition Trust Fund for such

14  purposes shall not exceed $300 million in fiscal year

15  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

17  fiscal year 2000-2001 and thereafter for Stewardship Florida

18  bonds. The annual amount transferred to the Land Acquisition

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

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

21  The limitation on the amount transferred shall be increased by

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

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

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

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

26  issued to fund the Stewardship Florida Act be retired by

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

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

29  pursuant to this paragraph unless such bonds are approved and

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

31  appropriated in the General Appropriations Act.  For purposes


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                                    CS/CS/HB 2021, First Engrossed



  1  of refunding Preservation 2000 bonds, amounts designated

  2  within this section for Preservation 2000 and Stewardship

  3  Florida bonds may be transferred between the two programs to

  4  the extent provided for in the documents authorizing the

  5  issuance of the bonds. The Preservation 2000 bonds and

  6  Stewardship Florida bonds shall be equally and ratably secured

  7  by moneys distributable to the Land Acquisition Trust Fund

  8  pursuant to this section, except to the extent specifically

  9  provided otherwise by the documents authorizing the issuance

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

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

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

13  Save Our Coast revenue bonds.

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

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

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

22  remaining taxes collected under this chapter shall be used for

23  the following purposes:

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

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

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

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

28  the purposes for which the General Revenue Fund was created

29  and exists by law or to the Ecosystem Management and

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

31  Payments made under this paragraph shall continue until the


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                                    CS/CS/HB 2021, First Engrossed



  1  cumulative amount credited to the General Revenue Fund for the

  2  fiscal year under this paragraph equals the cumulative

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

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

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

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

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

  8  which funds deposited in the Land Acquisition Trust Fund may

  9  lawfully be used.

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

11  remaining taxes collected under this chapter shall be paid

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

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

14  this section shall be used for the following purposes:

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

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

17  to acquire coastal lands; and

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

19  develop and manage lands acquired with moneys from the Land

20  Acquisition Trust Fund.

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

22  hundredths percent of the remaining taxes collected under this

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

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

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

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

27  hundredths percent of the remaining taxes collected under this

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

29  the Conservation and Recreation Lands Trust Fund to carry out

30  the purposes set forth in s. 259.032.

31


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                                    CS/CS/HB 2021, First Engrossed



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

  2  remaining taxes collected under this chapter shall be paid

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

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

  5  369.22 and 369.252.

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

  7  collected under this chapter shall be paid into the State

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

  9  exclusively for the purpose of implementing the Lake

10  Restoration 2020 Program.

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

12  collected under this chapter shall be paid into the State

13  Treasury and divided equally to the credit of the Department

14  of Environmental Protection Grants and Donations Trust Fund to

15  address water quality impacts associated with nonagricultural

16  nonpoint sources and to the credit of Department of

17  Agriculture and Consumer Services General Inspection Trust

18  Fund to address water quality impacts associated with

19  agricultural nonpoint sources, respectively.  These funds

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

21  implementation of suitable best management practices or other

22  measures used to achieve water quality standards in surface

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

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

25  seq.  Implementation of best management practices and other

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

27  implementation tracking, and conservation leases or other

28  agreements for water quality improvement.

29         (9)(6)  Seven and fifty-three hundredths percent of the

30  remaining taxes collected under this chapter shall be paid

31


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                                    CS/CS/HB 2021, First Engrossed



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

  2  Trust Fund and shall be used as follows:

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

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

  5  by law.

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

  7  Treasury to the credit of 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         (10)(7)  Eight and sixty-six hundredths percent of the

11  remaining taxes collected under this chapter shall be paid

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

13  Trust Fund and shall be used as follows:

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

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

16  by the Department of Community Affairs and by the Florida

17  Housing Finance Agency for the purposes for which the State

18  Housing Trust Fund was created and exists by law.

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

20  shall be distributed to the Local Government Housing Trust

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

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

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

24  and local services to assist the homeless.

25         (11)(8)  From the moneys specified in paragraphs (1)(b)

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

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

28  Treasury to the credit of the Ecosystem Management and

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

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

31  2000-2001 and each fiscal year thereafter, to be used for the


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                                    CS/CS/HB 2021, First Engrossed



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

  2  ss. 161.091-161.212.

  3         (12)(9)  The Department of Revenue may use the payments

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

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

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

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

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

  9  numerator of which is payments credited to that trust fund

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

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

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

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

14  the Water Management Lands Trust Fund and the Conservation and

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

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

17  for preacquisition costs associated with land purchases.  The

18  Legislature intends that the Stewardship Florida program

19  supplant the acquisition programs formerly authorized under

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

21  the Legislature, the Acquisition and Restoration Commission

22  shall review and make recommendations to the Legislature

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

24  recommendations, the Legislature shall review the need to

25  repeal this provision during the 2005 Regular Session.

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

27  section 161.05301, Florida Statutes, 1998 Supplement, is

28  amended to read:

29         161.05301  Beach erosion control project staffing;

30  coastal construction building codes review.--

31


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                                    CS/CS/HB 2021, First Engrossed



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

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

  3  year 1998-1999 from the Ecosystem Management and Restoration

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

  5  201.15(11)(8).  These positions and funding are provided to

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

  7  and promote enhanced beach erosion control project

  8  administration.  Such staffing resources shall be directed

  9  toward more efficient contract development and oversight,

10  promoting cost-sharing strategies and regional coordination or

11  projects among local governments, providing assistance to

12  local governments to ensure timely permit review, and

13  improving billing review and disbursement processes.

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

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

16  to read:

17         161.091  Beach management; funding; repair and

18  maintenance strategy.--

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

20  161.088 and the legislative finding that erosion of the

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

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

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

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

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

26  the credit of the Ecosystem Management and Restoration Trust

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

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

29  the development, implementation, and administration of the

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

31  161.091-161.212, prior to the use of such funds deposited


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                                    CS/CS/HB 2021, First Engrossed



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

  2  purpose.

  3         Section 5.  Section 215.618, Florida Statutes, is

  4  created to read:

  5         215.618  Bonds for acquisition and improvement of land,

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

  7         (1)  The issuance of Stewardship Florida bonds, not to

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

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

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

11  for the purposes of restoration, conservation, recreation,

12  water resource development, or historical preservation, and

13  for capital improvements to lands and water areas that

14  accomplish environmental restoration, enhance public access

15  and recreational enjoyment, promote long-term management

16  goals, and facilitate water resource development is hereby

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

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

19  Stewardship Florida bonds may also be issued to refund

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

21  duration of each series of Stewardship Florida bonds issued

22  may not exceed 20 annual maturities. Preservation 2000 bonds

23  and Stewardship Florida bonds shall be equally and ratably

24  secured by moneys distributable to the Land Acquisition Trust

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

26  specifically provided otherwise by the documents authorizing

27  the issuance of the bonds.

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

29  Stewardship Florida bonds and Preservation 2000 bonds that it

30  will not take any action which will materially and adversely

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


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                                    CS/CS/HB 2021, First Engrossed



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

  2  portion of documentary stamp taxes distributable to the Land

  3  Acquisition Trust Fund for payment of debt service on

  4  Preservation 2000 bonds or Stewardship Florida bonds.

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

  6  payable from taxes distributable to the Land Acquisition Trust

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

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

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

10         (4)  The Department of Environmental Protection shall

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

12  Administration to issue the Stewardship Florida bonds

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

14  issue such bonds pursuant to the State Bond Act.

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

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

17  costs of funding reserve accounts, and other costs with

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

19  Florida Trust Fund. The bond proceeds deposited into the

20  Stewardship Florida Trust Fund shall be distributed by the

21  Department of Environmental Protection as provided in s.

22  259.105.

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

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

25  recreated the Land Acquisition Trust Fund which shall be a

26  continuation of the Land Acquisition Trust Fund which exists

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

28  Constitution. The Land Acquisition Trust Fund shall continue

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

30  9(a)(1), Art. XII of the State Constitution, pursuant to the

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


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                                    CS/CS/HB 2021, First Engrossed



  1  Constitution and shall continue for so long as Preservation

  2  2000 bonds or Stewardship Florida bonds are outstanding and

  3  secured by taxes distributable thereto.

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

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

  6  related property interests acquired or improved with proceeds

  7  of Stewardship Florida bonds which would cause all or any

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

  9  from gross income for federal income tax purposes.

10         (8)  The initial series of Stewardship Florida bonds

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

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

13  validation of bonds issued pursuant to this section shall be

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

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

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

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

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

19  of the circuit in which the action is pending.

20         Section 6.  Section 216.331, Florida Statutes, is

21  amended to read:

22         216.331  Disbursement of state moneys.--Except as

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

24  717.124(5), s. 732.107(6), or s. 733.816(5), all moneys in the

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

26  the Comptroller upon the State Treasury and payable to the

27  ultimate beneficiary. This authorization shall include

28  electronic disbursement.

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

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

31  amended to read:


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                                    CS/CS/HB 2021, First Engrossed



  1         253.027  Emergency archaeological property

  2  acquisition.--

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

  4  $2 million shall be reserved annually segregated in an account

  5  within the Stewardship Florida Conservation and Recreation

  6  Lands Trust Fund for the purpose of emergency archaeological

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

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

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

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

11  259.105(3)(b) spent for other purposes specified in s.

12  259.032, upon approval of the Board of Trustees of the

13  Internal Improvement Trust Fund.

14         (5)  ACCOUNT EXPENDITURES.--

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

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

17  survey costs, unless:

18         1.  The property is an archaeological property of major

19  statewide significance.

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

21  historic significance, will be irretrievably lost if the state

22  cannot acquire the property.

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

24  the Conservation and Recreation Lands or for Stewardship

25  Florida lands, acquisition list or complies with the criteria

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

27  on the list.

28         4.  No other source of immediate funding is available

29  to purchase or otherwise protect the property.

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

31  state, or federal laws.


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                                    CS/CS/HB 2021, First Engrossed



  1         6.  The acquisition is not inconsistent with the state

  2  comprehensive plan and the state land acquisition program.

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

  4  253.03, Florida Statutes, 1998 Supplement, is amended to read:

  5         253.03  Board of trustees to administer state lands;

  6  lands enumerated.--

  7         (7)

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

  9  the National Register of Historic Places or the State

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

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

12  have been grandfathered-in to use sovereignty submerged lands

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

14  Florida Administrative Code, shall have the right to continue

15  such submerged land leases be allowed to apply for an

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

17  present landholder is not an adjacent riparian landowner, so

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

19  repair consistent with the guidelines for listing.  If the

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

21  to reconstruct, so long as the reconstruction is consistent

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

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

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

25  may cancel the submerged lease and either repair and maintain

26  the property or require that the structure be removed from

27  sovereignty submerged lands.

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

29  section 253.034, Florida Statutes, 1998 Supplement, are

30  amended, and subsections (10) and (11) are added to said

31  section, to read:


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                                    CS/CS/HB 2021, First Engrossed



  1         253.034  State-owned lands; uses.--

  2         (3)  In recognition that recreational trails purchased

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

  4  259.105(3)(g) have had historic transportation uses and that

  5  their linear character may extend many miles, the Legislature

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

  7  after balancing the need to protect trail users from

  8  collisions with automobiles and a preference for the use of

  9  overpasses and underpasses to the greatest extent feasible and

10  practical, transportation uses shall be allowed to cross

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

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

13  location and design should consider and mitigate the impact on

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

15  shall be paid based on fair market value.

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

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

18  Trustees of the Internal Improvement Trust Fund shall be

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

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

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

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

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

24  transportation facility. An agency managing or leasing

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

26  Improvement Trust Fund may not sublease such lands without

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

28  Management Advisory Council created in s. 259.035 or its

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

30  Management Advisory Council is not required to review

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


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                                    CS/CS/HB 2021, First Engrossed



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

  2  Board of Trustees of the Internal Improvement Trust Fund shall

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

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

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

  6  multiple-use properties, shall specifically describe how the

  7  managing agency plans to identify, locate, protect and

  8  preserve, or otherwise use fragile nonrenewable resources,

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

10  fragile resources, including endangered plant and animal

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

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

13  Land management plans submitted by an agency shall include

14  reference to appropriate statutory authority for such use or

15  uses and shall conform to the appropriate policies and

16  guidelines of the state land management plan. All land

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

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

19  parcel, which analysis shall include the potential of the

20  parcel to generate revenues to enhance the management of the

21  parcel.  Additionally, the land management plan shall contain

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

23  facilitate the restoration or management of these lands.  In

24  those cases where a newly acquired property has a valid

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

26  of the property until a formal land management plan is

27  completed.

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

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

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

31  shall review each plan for compliance with the requirements of


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                                    CS/CS/HB 2021, First Engrossed



  1  this subsection and with the requirements of the rules

  2  established by the board pursuant to this subsection.  The

  3  council or its successor shall also consider the propriety of

  4  the recommendations of the managing agency with regard to the

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

  6  nonrenewable resources, the potential for alternative or

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

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

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

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

11  board. The council or its successor shall specifically

12  recommend to the board whether to approve the plan as

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

14  plan.

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

16  Trust Fund shall consider the land management plan submitted

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

18  its successor and the Division of State Lands and shall

19  approve the plan with or without modification or reject such

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

21  accordance with an approved land management plan is subject to

22  termination by the board.

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

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

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

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

27  those lands designated as acquired for conservation purposes,

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

29  longer needed for conservation purposes and may dispose of

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

31


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                                    CS/CS/HB 2021, First Engrossed



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

  2  and may dispose of them by majority vote.

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

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

  5  from the Preservation 2000 bonds, the Conservation and

  6  Recreation Lands Trust Fund, or the Water Management Lands

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

  8  identified as core parcels or within original projects

  9  boundaries, shall be deemed to have been acquired for

10  conservation purposes.

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

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

13  those parcels that shall be designated as having been acquired

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

15  Department of Corrections, the Department of Management

16  Services for use as state offices, the Department of

17  Transportation, or the State University System or state

18  community college system shall be designated as having been

19  purchased for conservation purposes.

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

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

22  indicate to the board those lands which the agency manages

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

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

25  or its successor for its recommendation as to whether such

26  lands should be disposed of by the board.

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

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

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

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

31


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                                    CS/CS/HB 2021, First Engrossed



  1  recommendation as to whether such lands should be disposed of

  2  by the board.

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

  4  lands, the Acquisition and Restoration Commission shall review

  5  and make recommendations to the board concerning the request

  6  for surplusing. The commission shall determine whether the

  7  request for surplusing is compatible with the resource values

  8  of and management objectives for such lands.

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

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

11  consider whether such lands would be more appropriately owned

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

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

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

15  conveyance to a local government would be in the best

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

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

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

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

20  such surplus lands may include public schools, public

21  libraries, fire or law enforcement substations, and

22  governmental, judicial, or recreational centers.  County or

23  local government requests for surplus lands shall be expedited

24  throughout the surplusing process.  State agencies shall have

25  the subsequent opportunity to acquire the surplus lands for a

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

27  local government expires. Surplus properties in which

28  governmental agencies have expressed no interest shall then be

29  available for sale on the private market.

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

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


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                                    CS/CS/HB 2021, First Engrossed



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

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

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

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

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

  6  which acquires title to lands hereunder for less than fair

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

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

  9  years.

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

11  council or its successor, the board shall determine whether

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

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

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

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

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

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

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

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

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

21  conservation, protection, sales, or real estate sales

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

23  placed in the Conservation and Recreation Lands Trust Fund.

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

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

26  to the lead managing agency for review and recommendation to

27  the council or its successor.  Lead managing agencies shall

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

29  Any surplusing requests that have not been acted upon within

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

31


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                                    CS/CS/HB 2021, First Engrossed



  1  hearing at the next regularly scheduled meeting of the council

  2  or its successor.

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

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

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

  6  lands were originally acquired no longer exists, such proceeds

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

  8  lead managing agency for land management.

  9         (k)  Notwithstanding the provisions of this subsection,

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

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

12  interest on any revenue bonds issued to lose the exclusion

13  from gross income for federal income tax purposes.

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

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

16  by the council or its successor.

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

18  the Department of Corrections or the Department of Education

19  shall not be subject to the council review provisions for

20  review by the council or its successor described in subsection

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

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

23  administrative offices of the parcel or project affected by

24  the management plan and at the Tallahassee offices of each

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

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

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

28  of the Internal Improvement Trust Fund for consideration. The

29  Board of Trustees of the Internal Improvement Trust Fund shall

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

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


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                                    CS/CS/HB 2021, First Engrossed



  1  accordance with an approved land management plan is subject to

  2  termination by the board.

  3         (10)  The following additional uses of lands acquired

  4  pursuant to the Stewardship Florida program and other

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

  6  a finding by the board of trustees, if they meet the criteria

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

  8  projects, water supply development projects, stormwater

  9  management projects, linear facilities, and sustainable

10  agriculture and forestry.  Such additional uses are authorized

11  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 interest. A

23  decision by the board of trustees pursuant to this subsection

24  shall be given a presumption of correctness.

25

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

27  subsection shall be returned to the lead managing agency in

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

29         (11)  Lands identified for acquisition may be managed

30  by a private party in lieu of state purchase or in combination

31  with a state purchase in accordance with a contractual


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                                    CS/CS/HB 2021, First Engrossed



  1  arrangement between the acquiring agency and the private party

  2  that may include service contracts, leases, cost share

  3  arrangements, or resource conservation agreements.  Funding

  4  for these contractual arrangements may originate from the

  5  documentary stamp tax revenue deposited into the Conservation

  6  and Recreation Lands Trust Fund and Water Management District

  7  Lands Trust Fund.

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

  9  253.7825, Florida Statutes is amended to read:

10         253.7825  Recreational uses.--

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

12  constructed by or on behalf of the Florida Department of

13  Agriculture and Consumer Services on not more than 500 250

14  acres of former canal lands which meet the criteria for

15  surplus lands and which lie outside the greenways boundary.

16         Section 11.  Section 259.03, Florida Statutes, is

17  amended to read:

18         259.03  Definitions.--The following terms and phrases

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

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

21  context clearly indicates a different meaning:

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

23  pursuant to s. 259.035.

24         (2)  "State capital projects for environmentally

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

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

27  have as its purpose the conservation and protection of

28  environmentally unique and irreplaceable lands as valued

29  ecological resources of this state.

30         (3)  "State capital project for outdoor recreation

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


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                                    CS/CS/HB 2021, First Engrossed



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

  2  purposes set out in chapter 375.

  3         (2)(4)  "Board" means the Governor and Cabinet, as the

  4  Board of Trustees of the Internal Improvement Trust Fund.

  5         (3)  "Capital improvement" means those activities

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

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

  8  resources deemed necessary to accomplish the purposes of this

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

10  the initial removal of invasive plants; the construction,

11  improvement, enlargement or extension of facilities' signs,

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

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

14  access, recreational opportunities, or necessary services for

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

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

17  The continued expenditures necessary for a capital improvement

18  approved under this subsection shall not be eligible for

19  funding provided in this chapter.

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

21  Protection.

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

23  the State Board of Administration.

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

25  project eligible for funding pursuant to s. 259.105 that

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

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

28  restoring aquifer recharge, facilitating the capture and

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

30  The implementation of eligible projects under s. 259.105

31  includes land acquisition, land and water body restoration,


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                                    CS/CS/HB 2021, First Engrossed



  1  aquifer storage and recovery facilities, surface water

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

  3  include construction of treatment, transmission, or

  4  distribution facilities.

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

  6  (10), (11), (12), and (16) of section 259.032, Florida

  7  Statutes, is amended to read:

  8         259.032  Conservation and Recreation Lands Trust Fund;

  9  purpose.--

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

11  this state shall be assured public ownership of natural areas

12  for purposes of maintaining this state's unique natural

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

14  water resource development to meet the needs of natural

15  systems and citizens of this state; promoting restoration

16  activities on public lands; and providing lands for natural

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

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

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

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

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

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

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

24  counties exhibiting the greatest concentration of population

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

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

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

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

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

30  its successor, cannot be adequately protected by application

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


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                                    CS/CS/HB 2021, First Engrossed



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

  2  through this program and any successor programs be managed in

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

  4  values, and provide the greatest benefit, including public

  5  access, to the citizens of this state.

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

  7  Fund is established within the Department of Environmental

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

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

10  shall be credited with proceeds from the following excise

11  taxes:

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

13  201.15; and

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

15  as provided in s. 211.3103.

16

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

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

19         (b)  There shall annually be transferred from the

20  Conservation and Recreation Lands Trust Fund to the Land

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

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

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

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

25  acquire lands on the established priority list developed

26  pursuant to this section as determined by the advisory council

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

28  Land Acquisition Trust Fund pursuant to this paragraph, or

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

30  service on the Save Our Coast revenue bonds. Amounts

31  transferred annually from the Conservation and Recreation


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                                    CS/CS/HB 2021, First Engrossed



  1  Lands Trust Fund to the Land Acquisition Trust Fund pursuant

  2  to this paragraph shall have the highest priority over other

  3  payments or transfers from the Conservation and Recreation

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

  5  made from the Conservation and Recreation Lands Trust Fund

  6  until such transfers to the Land Acquisition Trust Fund have

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

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

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

10  pursuant to the provisions of this section.

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

12  Trustees of the Internal Improvement Trust Fund, may allocate

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

14  lesser interest in lands for the following public purposes:

15         (a)  To conserve and protect environmentally unique and

16  irreplaceable lands that contain native, relatively unaltered

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

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

19  area;

20         (b)  To conserve and protect lands within designated

21  areas of critical state concern, if the proposed acquisition

22  relates to the natural resource protection purposes of the

23  designation;

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

25  endangered or threatened species, emphasizing long-term

26  protection for endangered or threatened species designated G-1

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

28  those areas that are special locations for breeding and

29  reproduction;

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

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


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                                    CS/CS/HB 2021, First Engrossed



  1  conservation of such lands is necessary to enhance or protect

  2  significant surface water, groundwater, coastal, recreational,

  3  timber, or fish or wildlife resources which cannot otherwise

  4  be accomplished through local and state regulatory programs;

  5         (e)  To promote water resource development that

  6  benefits natural systems and citizens of the state;

  7         (f)  To facilitate the restoration and subsequent

  8  health and vitality of the Florida Everglades;

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

10  trails, for natural resource based recreation and other

11  outdoor recreation on any part of any site compatible with

12  conservation purposes;

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

14  historic sites; or

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

16  greenways or outdoor recreation which are compatible with

17  conservation purposes.

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

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

20  land managing agencies designated by the board of trustees

21  also are directed by the Legislature to enter into contracts

22  or interagency agreements with other governmental entities,

23  including local soil and water conservation districts, or

24  private land managers who have the expertise to perform

25  specific management activities which a lead agency lacks, or

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

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

28  and ditch maintenance, mowing, and wildlife assessments.

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

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

31  and related rules and shall be acquired in accordance with


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                                    CS/CS/HB 2021, First Engrossed



  1  acquisition procedures for state lands provided for in s.

  2  259.041, except as otherwise provided by the Legislature. An

  3  inholding or an addition to a project selected for purchase

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

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

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

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

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

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

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

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

12  costs related to acquisition expenses for lands to be

13  acquired, donated, or exchanged which qualify under the

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

15  When the Legislature has authorized the Department of

16  Environmental Protection to condemn a specific parcel of land

17  and such parcel has already been approved for acquisition

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

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

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

21  including a reasonable attorney's fee, associated with

22  condemnation.

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

24  253.034 section shall be:

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

26  greatest combination of benefits to the public and to the

27  resources.

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

29  compatible with the conservation and protection of public

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

31  following public recreational uses:  fishing, hunting,


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                                    CS/CS/HB 2021, First Engrossed



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

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

  3  birding, sailing, jogging, and other related outdoor

  4  activities compatible with the purposes for which the lands

  5  were acquired.

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

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

  8

  9  Management may include the following public uses: fishing,

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

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

12  jogging, and other related outdoor activities.

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

14  Conservation and Recreation Recreational Lands list of

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

16  trustees shall adopt a management prospectus for each project.

17  The management prospectus shall delineate:

18         1.  The management goals for the property;

19         2.  The conditions that will affect the intensity of

20  management;

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

22  the property, if appropriate;

23         4.  A timetable for implementing the various stages of

24  management and for providing access to the public, if

25  applicable;

26         5.  A description of potential multiple-use activities

27  as described in this section and s. 253.034;

28         6.  Provisions for protecting existing infrastructure

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

30

31


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                                    CS/CS/HB 2021, First Engrossed



  1         7.  The anticipated costs of management and projected

  2  sources of revenue, including legislative appropriations, to

  3  fund management needs; and

  4         8.  Recommendations as to how many employees will be

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

  6  whether local governments, volunteer groups, the former

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

  8  management.

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

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

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

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

13  appropriate, the management policy statement for the project

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

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

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

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

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

19  Board of Trustees of the Internal Improvement Trust Fund shall

20  first consider having a soil and water conservation district,

21  created pursuant to chapter 582, manage and monitor such

22  interests.

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

24  acquired under this chapter may contract with local

25  governments and soil and water conservation districts to

26  assist in management activities, including the responsibility

27  of being the lead land manager.  Such land management

28  contracts may include a provision for the transfer of

29  management funding to the local government or soil and water

30  conservation district from the Conservation and Recreation

31  Lands Trust Fund in an amount adequate for the local


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                                    CS/CS/HB 2021, First Engrossed



  1  government or soil and water conservation district to perform

  2  its contractual land management responsibilities and

  3  proportionate to its responsibilities, and which otherwise

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

  5  property.

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

  7  interest in lands under this chapter, the Department of

  8  Environmental Protection, acting on behalf of the board of

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

10  assignment letter to be effective until the execution of a

11  formal lease.

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

13  agencies or private entities designated to manage lands under

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

15  board of trustees, an individual management plan for each

16  project designed to conserve and protect such lands and their

17  associated natural resources. Private sector involvement in

18  management plan development may be used to expedite the

19  planning process.

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

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

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

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

24  minimum, representatives of the lead land managing agency,

25  comanaging entities, local private property owners, the

26  appropriate soil and water conservation district, a local

27  conservation organization, and a local elected official.  The

28  advisory group shall conduct at least one public hearing

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

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

31  county, at least one areawide public hearing shall be


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                                    CS/CS/HB 2021, First Engrossed



  1  acceptable and the lead managing agency shall invite a local

  2  elected official from each county. The areawide public hearing

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

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

  5  parcel or project designated for management, advertised in a

  6  paper of general circulation, and announced at a scheduled

  7  meeting of the local governing body before the actual public

  8  hearing.  The management prospectus required pursuant to

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

10  period of 30 days prior to the public hearing.

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

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

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

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

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

16  of leasehold interests to appropriate conservation

17  organizations or governmental entities designated by the Land

18  Acquisition and Management Advisory Council or its successor,

19  for uses consistent with the purposes of the organizations and

20  the protection, preservation, conservation, restoration, and

21  proper management of the lands and their resources. Volunteer

22  management assistance is encouraged, including, but not

23  limited to, assistance by youths participating in programs

24  sponsored by state or local agencies, by volunteers sponsored

25  by environmental or civic organizations, and by individuals

26  participating in programs for committed delinquents and

27  adults.

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

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

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

31  parcel or parcels identified in the annual Conservation and


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                                    CS/CS/HB 2021, First Engrossed



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

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

  3  Department of Environmental Protection shall distribute only

  4  75 percent of the acquisition funds to which a budget entity

  5  or water management district would otherwise be entitled from

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

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

  8  management plans overdue.

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

10  the appropriate policies and guidelines of the state land

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

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

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

14  and the statutory authority for such use or uses.

15         2.  Key management activities necessary to preserve and

16  protect natural resources and restore habitat, and for

17  controlling the spread of nonnative plants and animals, and

18  for prescribed fire and other appropriate resource management

19  activities.

20         3.  A specific description of how the managing agency

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

22  use fragile, nonrenewable natural and cultural resources.

23         4.  A priority schedule for conducting management

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

25  acquired.

26         5.  A cost estimate for conducting priority management

27  activities, to include recommendations for cost-effective

28  methods of accomplishing those activities.

29         6.  A cost estimate for conducting other management

30  activities which would enhance the natural resource value or

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


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                                    CS/CS/HB 2021, First Engrossed



  1  cost estimate shall include recommendations for cost-effective

  2  methods of accomplishing those activities.

  3         7.  A determination of the public uses and public

  4  access that would be consistent with the purposes for which

  5  the lands were acquired.

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

  7  of each individual management plan for parcels which exceed

  8  160 acres in size to each member of the Land Acquisition and

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

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

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

12  the requirements of this subsection and with the requirements

13  of the rules established by the board pursuant to this

14  subsection.

15         2.  The council shall also Consider the propriety of

16  the recommendations of the managing agency with regard to the

17  future use or protection of the property.

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

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

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

21  shall specifically recommend to the board of trustees whether

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

23  modifications, or reject the plan.

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

25  individual management plan submitted by each state agency and

26  the recommendations of the Land Acquisition and Management

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

28  Lands and shall approve the plan with or without modification

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

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

31


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                                    CS/CS/HB 2021, First Engrossed



  1  approved individual management plan is subject to termination

  2  by the board of trustees.

  3

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

  5  the water management districts, and each private entity

  6  designated to manage lands shall report to the Secretary of

  7  Environmental Protection on the progress of funding, staffing,

  8  and resource management of every project for which the agency

  9  or entity is responsible.

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

11  lands pursuant to this chapter serves the public interest by

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

13  the public health and welfare, providing areas for natural

14  resource based recreation, and ensuring the survival of unique

15  and irreplaceable plant and animal species.  The Legislature

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

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

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

19  with acquisition purposes and would not harm the resources the

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

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

22  total of funds ever deposited into the Florida Preservation

23  2000 Trust Fund and the Stewardship Florida Trust Fund shall

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

25  and capital improvements not eligible for funding pursuant to

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

27  associated contractual services, for lands acquired pursuant

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

29  programs for the acquisition of lands for conservation and

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

31  in the board of trustees. Each agency with management


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                                    CS/CS/HB 2021, First Engrossed



  1  responsibilities shall annually request from the Legislature

  2  funds sufficient to fulfill such responsibilities. For the

  3  purposes of this subsection, capital improvements shall

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

  5  firelanes, access roads and trails, and minimal public

  6  accommodations, such as primitive campsites, garbage

  7  receptacles, and toilets. Any equipment purchased with funds

  8  provided pursuant to this paragraph may be used for the

  9  purposes described in this paragraph on any conservation and

10  recreation lands managed by a state agency.

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

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

13  chapter and for associated contractual services, the managing

14  agencies shall recognize the following categories of land

15  management needs:

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

17  resource management and protection, such as state reserves,

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

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

20  than minimum facilities development.

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

22  more than basic resource management and protection, such as

23  state parks and state recreation areas.  These lands generally

24  have extra restoration or protection needs, higher

25  concentrations of public use, or more highly developed

26  facilities.

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

28  needs requiring unique site-specific resource management and

29  protection. These lands generally are sites with historic

30  significance, unique natural features, or very high intensity

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


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                                    CS/CS/HB 2021, First Engrossed



  1  protect resources, such as lands with heavy infestations of

  2  nonnative, invasive plants.

  3

  4  In evaluating the management funding needs of lands based on

  5  the above categories, the lead land managing agencies shall

  6  include in their considerations the impacts of, and needs

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

  8         (d)  All revenues generated through multiple-use

  9  management or compatible secondary-use management shall be

10  returned to the lead agency responsible for such management

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

12  conservation, preservation, and recreation lands under the

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

14  segregated in an agency trust fund and shall remain available

15  to the agency in subsequent fiscal years to support land

16  management appropriations. For the purposes of this paragraph,

17  compatible secondary-use management shall be those activities

18  described in subsection (9) undertaken on parcels designated

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

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

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

22  interim management of acquisitions and for associated

23  contractual services, to ensure the conservation and

24  protection of natural resources on project sites and to allow

25  limited public recreational use of lands.  Interim management

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

27  assessments, control of invasive, nonnative exotic species,

28  habitat restoration, fencing, law enforcement, controlled

29  burning, and public access consistent with preliminary

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

31


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                                    CS/CS/HB 2021, First Engrossed



  1  board of trustees shall make these interim funds available

  2  immediately upon purchase.

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

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

  5  invasive plant species on public lands.  Such goals shall

  6  differentiate between aquatic plant species and upland plant

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

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

  9  the functioning of natural systems. Notwithstanding paragraph

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

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

12  reserved for control and removal of nonnative, upland,

13  invasive species on public lands.

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

15  1994-1995, not more than 3.75 percent of the Conservation and

16  Recreation Lands Trust Fund shall be made available annually

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

18  counties, cities, and local governments as defined in

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

20  of board of trustees acquisitions for state agencies under the

21  Stewardship Florida program or the Florida Preservation 2000

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

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

24  used for land acquisition in accordance with the provisions of

25  this section.

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

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

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

29  11.031. To counties which levy an ad valorem tax of at least

30  8.25 mills or the amount of the tax loss from all completed

31  Preservation 2000 acquisitions in the county exceeds 0.01


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                                    CS/CS/HB 2021, First Engrossed



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

  2  population of 75,000 or less.

  3         2.  To all local governments located in eligible

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

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

  6  concern designated pursuant to chapter 380 and to local

  7  governments within such counties.

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

  9  operated prison leased to the state has recently been opened

10  and where privately owned and operated juvenile justice

11  facilities leased to the state have recently been constructed

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

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

14  already been appropriated and allocated for the purpose of

15  reimbursing amounts equal to ad valorem taxes.

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

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

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

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

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

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

22

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

24  includes municipalities, the county school board, mosquito

25  control districts, and any other local government entity which

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

27  management district.

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

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

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

31  tax loss from all completed Preservation 2000 acquisitions in


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

  2  value.

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

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

  5  local governments, such counties, cities, and local

  6  governments shall receive a pro rata share of the moneys

  7  available.

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

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

10  years preceding acquisition. Applications for payment in lieu

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

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

13  made for properties which were exempt from ad valorem taxation

14  for the year immediately preceding acquisition.  If property

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

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

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

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

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

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

21  Revenue those properties that may be eligible under this

22  provision. Once eligibility has been established, that county

23  or local government shall receive 10 consecutive annual

24  payments, and no further eligibility determination shall be

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

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

27  beginning the year a local government becomes eligible.

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

29  subsection paragraph shall be made annually to qualifying

30  counties, cities, and local governments after certification by

31  the Department of Revenue that the amounts applied for are


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  1  reasonably appropriate, based on the amount of actual taxes

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

  3  Environmental Protection has provided supporting documents to

  4  the Comptroller and has requested that payment be made in

  5  accordance with the requirements of this section.

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

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

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

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

10

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

12  includes municipalities, the county school board, mosquito

13  control districts, and any other local government entity which

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

15  management district.

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

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

18  Recreation Lands list or the priority list established

19  pursuant to s. 259.105 objecting to the property being

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

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

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

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

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

25         Section 13.  Section 259.034, Florida Statutes, is

26  created to read:

27         259.034  Acquisition and Restoration Commission.--

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

29  within the Board of Trustees of the Internal Improvement Trust

30  Fund, the Acquisition and Restoration Commission.

31


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

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

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

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

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

  6  scientific field; and one person from an environmental

  7  science.  The members appointed by the Governor shall serve

  8  4-year terms, except that, initially, to provide for staggered

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

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

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

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

13  appointed under this paragraph.

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

15  shall be as follows:

16         1.  One person selected by the water management

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

18  reappointed on an annual basis.

19         2.  The Secretary of Environmental Protection or a

20  designee.

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

22  Department of Agriculture and Consumer Services or a designee.

23         4.  The executive director of the Fish and Wildlife

24  Conservation Commission or a designee.

25         5.  The director of the Division of Historical

26  Resources of the Department of State or a designee.

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

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

29  Speaker of the House of Representatives shall each appoint one

30  ad hoc, nonvoting member of the commission from their

31  respective chambers.  Such members shall be selected from


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  1  among the members of a standing committee that has

  2  jurisdictional responsibility for the Department of

  3  Environmental Protection.  These members shall serve for the

  4  duration of the term of the appointing legislative officer.

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

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

  7  nomination to the commission, for any entity whose interests

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

  9  shall be appointed to the commission.  This prohibition shall

10  not apply to the appointees representing state agencies or

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

12  of the commission.

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

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

15  voting members.

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

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

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

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

20  officers and employees while in the performance of their

21  duties, pursuant to s. 112.061.

22         (4)  Immediately upon appointment, the commission may

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

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

25  trustees.  The commission may also employ other staff as

26  necessary to the performance of its duties.

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

28  provide for the organizational structure, selection, and

29  employment of an executive director and staff, and

30  administrative functions related to its operational needs.

31


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

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

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

  4  Governor in the exercise of the Governor's constitutional

  5  duties.

  6         (7)  The commission shall provide assistance to the

  7  board of trustees in reviewing the recommendations and plans

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

  9  commission shall, in reviewing such recommendations and plans,

10  consider the optimization of multiple-use and conservation

11  strategies to accomplish the provisions of s. 253.034.

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

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

14  issued to finance the Stewardship Florida program to lose the

15  exclusion from gross income for federal income tax purposes.

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

17  and responsibilities of the Land Acquisition and Management

18  Advisory Council established pursuant to s. 259.035 shall be

19  assumed by the commission, and the provisions of law

20  authorizing the advisory council shall be repealed.

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

22  deposited into the Florida Preservation 2000 Trust Fund and

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

24  the commission shall only use such funds to acquire lands

25  identified in the annual Conservation and Recreation Lands

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

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

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

29  read:

30         259.035  Advisory council; powers and duties.--

31


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

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

  3  list of acquisition projects selected for purchase pursuant to

  4  this chapter.  In scoring potential projects for inclusion on

  5  the acquisition list, the council shall give greater

  6  consideration to projects that can serve as corridors between

  7  lands already in public ownership or under management for

  8  conservation and recreational purposes.  Acquisition projects

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

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

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

12  with its list of acquisition projects, a Conservation and

13  Recreation Lands report. For each project on an acquisition

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

15  purpose for acquiring the project, an identification of the

16  essential parcel or parcels within the project without which

17  the project cannot be properly managed, an identification of

18  those projects or parcels within projects which should be

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

20  explanation of the reasons why the council selected a

21  particular acquisition technique, a management policy

22  statement for the project, a management prospectus pursuant to

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

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

25  brief description of the important natural and cultural

26  resources to be protected, preacquisition planning and

27  budgeting, coordination with other public and nonprofit

28  public-lands acquisition programs, a preliminary statement of

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

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

31  The Department of Environmental Protection shall prepare the


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  1  information required by this section for each acquisition

  2  project selected for purchase pursuant to this chapter. In

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

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

  5  acquisition list for which funds will be available for

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

  7  disclose any information that is required by this chapter or

  8  chapter 253 to remain confidential.

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

10  Statutes, is amended to read:

11         259.036  Management review teams.--

12         (2)  The land management review team shall review

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

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

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

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

17  Acquisition and Management Advisory Council or its successor.

18  The managing agency shall consider the findings and

19  recommendations of the land management review team in

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

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

22  Statutes, is amended to read:

23         259.04  Board; powers and duties.--

24         (1)  For state capital projects and acquisitions

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

26  259.101, and 259.105:

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

28  and power to develop and execute a comprehensive, statewide

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

30  endangered lands, ecosystems, lands necessary for outdoor

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


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

  2  current through continual reevaluation and revision.  The

  3  advisory council or its successor shall assist the board in

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

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

  6  government of the United States or any agency or

  7  instrumentality thereof; the state or any county,

  8  municipality, district authority, or political subdivision; or

  9  any private corporation, partnership, association, or person

10  providing for or relating to the conservation or protection of

11  certain lands in accomplishing the purposes of this chapter

12  ss. 259.01-259.06.

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

14  successor submits the lists of either list of acquisition

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

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

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

18  greatest extent practicable, projects on the lists list shall

19  be acquired in their approved order of priority.

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

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

22  interest of lands, water areas, and related resources

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

24  environmentally endangered lands.

25         (2)  For state capital projects for outdoor recreation

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

27  apply.

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

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

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

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


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

  2  added to said section, to read:

  3         259.041  Acquisition of state-owned lands for

  4  preservation, conservation, and recreation purposes.--

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

  6  Improvement Trust Fund nor its duly authorized agent shall

  7  commit the state, through any instrument of negotiated

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

  9  with or without appurtenances unless the provisions of this

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

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

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

13  notwithstanding chapter 120, may waive any rules adopted

14  pursuant to this section, except rules adopted pursuant to

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

16  other reasonably prudent procedures, provided the public's

17  interest is reasonably protected. The title to lands acquired

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

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

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

21  trustees pursuant to this section, shall be administered

22  pursuant to the provisions of s. 253.03.

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

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

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

26  bind the state unless and until the agreement has been

27  reviewed and approved by the Department of Environmental

28  Protection as complying with the requirements of this section

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

30  review and approval of agreements for acquisitions for Florida

31  Greenways and Trails Program properties pursuant to chapter


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                                    CS/CS/HB 2021, First Engrossed



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

  2  nonprofit corporations who have agreed to assist the

  3  department with this program.  Where any of the following

  4  conditions exist, the agreement shall be submitted to and

  5  approved by the board of trustees:

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

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

  8  trustees;

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

10  acquiring agency exceeds $1 million;

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

12  project; or

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

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

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

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

17  significantly affect its management.

18

19  Where approval of the board of trustees is required pursuant

20  to this subsection, the acquiring agency must provide a

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

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

23  trustees also is required for projects the department

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

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

26  for Florida Greenways and Trails Program properties pursuant

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

28  with nonprofit corporations that have agreed to assist the

29  department with this program.

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

31  when applicable, the Department of Environmental Protection,


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

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

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

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

  5  shall be required as follows:

  6         (e)  Generally, appraisal reports are confidential and

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

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

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

10  before a contract or agreement for purchase is considered for

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

12  the authority, at its discretion, to disclose appraisal

13  reports to private landowners during negotiations for

14  acquisitions using alternatives to fee simple techniques, if

15  the department determines that disclosure of such reports will

16  bring the proposed acquisition to closure. The Division of

17  State Lands may also disclose appraisal information to public

18  agencies or nonprofit organizations that agree to maintain the

19  confidentiality of the reports or information when joint

20  acquisition of property is contemplated, or when a public

21  agency or nonprofit organization enters into a written

22  multiparty agreement with the division to purchase and hold

23  property for subsequent resale to the division. In addition,

24  the division may use, as its own, appraisals obtained by a

25  public agency or nonprofit organization, provided the

26  appraiser is selected from the division's list of appraisers

27  and the appraisal is reviewed and approved by the division.

28  For the purposes of this chapter, "nonprofit organization"

29  means an organization whose purposes include purpose is the

30  preservation of natural resources, and which is exempt from

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


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

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

  3  report invalid or when the acquiring agency has terminated

  4  negotiations.

  5

  6  Notwithstanding the provisions of this subsection, on behalf

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

  8  purchase under this chapter, the Secretary of Environmental

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

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

11  option contract shall state that the final purchase price is

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

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

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

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

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

17  is greater.

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

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

20  open space suitable for recreational use, the state must

21  develop creative techniques to maximize the use of acquisition

22  and management funds.  The Legislature also finds that the

23  state's conservation and recreational land acquisition

24  agencies should be encouraged to augment their traditional,

25  fee simple acquisition programs with the use of alternatives

26  to fee simple acquisition techniques.  Additionally, the

27  Legislature finds that generations of private landowners have

28  been good stewards of their land, protecting or restoring

29  native habitats and ecosystems to the benefit of the natural

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

31  Legislature also finds that using alternatives to fee simple


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                                    CS/CS/HB 2021, First Engrossed



  1  acquisition by public land acquisition agencies will achieve

  2  the following public policy goals:

  3         1.  Allow more lands to be brought under public

  4  protection for preservation, conservation, and recreational

  5  purposes with less expenditure of public funds.

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

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

  8         3.  Reduce long-term management costs by allowing

  9  private property owners to continue acting as stewards of

10  their land, where appropriate.

11

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

13  land acquisition agencies develop programs to pursue

14  alternatives to fee simple acquisition and to educate private

15  landowners about such alternatives and the benefits of such

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

17  portion of the shares of Preservation 2000 and Stewardship

18  Florida bond proceeds be used to purchase eligible properties

19  using alternatives to fee simple acquisition.

20         (b)  All project applications shall identify, within

21  their acquisition plans, those projects which require a full

22  fee simple interest to achieve the public policy goals,

23  together with the reasons full title is determined to be

24  necessary. The state agencies and the water management

25  districts may use alternatives to fee simple acquisition to

26  bring the remaining projects in their acquisition plans under

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

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

29  not limited to:  purchase of development rights; obtaining

30  conservation easements; obtaining flowage easements; purchase

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


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                                    CS/CS/HB 2021, First Engrossed



  1  of agricultural interests or silvicultural interests; entering

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

  3  fee simple acquisitions with reservations; creating life

  4  estates; or any other acquisition technique which achieves the

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

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

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

  8  not specifically acquired by the public agency. The lands upon

  9  which hunting rights are specifically acquired pursuant to

10  this paragraph shall be available for hunting in accordance

11  with the management plan or hunting regulations adopted by the

12  Florida Fish and Wildlife Conservation Commission, unless the

13  hunting rights are purchased specifically to protect

14  activities on adjacent lands.

15         (c)  When developing the acquisition plan pursuant to

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

17  than fee simple acquisitions that provide any public access.

18  However, the Legislature recognizes that public access is not

19  always appropriate for certain less than fee simple

20  acquisitions; therefore no proposed less than fee simple

21  acquisition shall be rejected simply because public access

22  would be limited.

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

24  and each water management district shall implement initiatives

25  to use alternatives to fee simple acquisition and to educate

26  private landowners about such alternatives.  The department

27  and the water management districts may enter into joint

28  acquisition agreements to jointly fund the purchase of lands

29  using alternatives to fee simple techniques.

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

31  sales comparison information has served as an impediment to


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                                    CS/CS/HB 2021, First Engrossed



  1  successful implementation of alternatives to fee simple

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

  3  absence of direct comparable sales information, appraisals of

  4  alternatives to fee simple acquisitions be based on the

  5  difference between the full fee simple valuation and the value

  6  of the interests remaining with the seller after acquisition.

  7         (f)  The public agency which has been assigned

  8  management responsibility shall inspect and monitor any less

  9  than fee simple interest according to the terms of the

10  purchase agreement relating to such interest.

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

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

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

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

15  and 259.105  for the acquisition of lands that:

16         (a)  Are listed or placed at auction by the Federal

17  Government as part of the Resolution Trust Corporation sale of

18  lands from failed savings and loan associations;

19         (b)  Are listed or placed at auction by the Federal

20  Government as part of the Federal Deposit Insurance

21  Corporation sale of lands from failed banks; or

22         (c)  Will be developed or otherwise lost to potential

23  public ownership, or for which federal matching funds will be

24  lost, by the time the land can be purchased under the program

25  within which the land is listed for acquisition.

26

27  For such acquisitions, the board of trustees may waive or

28  modify all procedures required for land acquisition pursuant

29  to this chapter and all competitive bid procedures required

30  pursuant to chapters 255 and 287. Lands acquired pursuant to

31  this subsection must, at the time of purchase, be on one of


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                                    CS/CS/HB 2021, First Engrossed



  1  the acquisition lists established pursuant to this chapter, or

  2  be essential for water resource development, protection, or

  3  restoration, or a significant portion of the lands must

  4  contain natural communities or plant or animal species which

  5  are listed by the Florida Natural Areas Inventory as

  6  critically imperiled, imperiled, or rare, or as excellent

  7  quality occurrences of natural communities.

  8         Section 18.  Paragraphs (a) and (b) of subsection (6)

  9  and paragraph (f) of subsection (9) of section 259.101,

10  Florida Statutes, 1998 Supplement, are amended to read:

11         259.101  Florida Preservation 2000 Act.--

12         (6)  DISPOSITION OF LANDS.--

13         (a)  Any lands acquired pursuant to paragraph (3)(a),

14  paragraph (3)(c), paragraph (3)(d), paragraph (3)(e),

15  paragraph (3)(f), or paragraph (3)(g), if title to such lands

16  is vested in the Board of Trustees of the Internal Improvement

17  Trust Fund, may be disposed of by the Board of Trustees of the

18  Internal Improvement Trust Fund in accordance with the

19  provisions and procedures set forth in s. 253.034(6)(5), and

20  lands acquired pursuant to paragraph (3)(b) may be disposed of

21  by the owning water management district in accordance with the

22  procedures and provisions set forth in ss. 373.056 and 373.089

23  provided such disposition also shall satisfy the requirements

24  of paragraphs (b) and (c).

25         (b)  Before land may be surplused can be determined to

26  be of no further benefit to the public as required by s.

27  253.034(6)(5), or determined to be no longer required for its

28  purposes under s. 373.056(4), whichever may be applicable,

29  there shall first be a determination by the Board of Trustees

30  of the Internal Improvement Trust Fund, or, in the case of

31  water management district lands, by the owning water


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                                    CS/CS/HB 2021, First Engrossed



  1  management district, that such land no longer needs to be

  2  preserved in furtherance of the intent of the Florida

  3  Preservation 2000 Act. Any lands eligible to be disposed of

  4  under this procedure also may be used to acquire other lands

  5  through an exchange of lands, provided such lands obtained in

  6  an exchange are described in the same paragraph of subsection

  7  (3) as the lands disposed.

  8         (9)

  9         (f)1.  Pursuant to subsection (3) and beginning in

10  fiscal year 1999-2000, that portion of the unencumbered

11  balances of each program described in paragraphs (3)(c), (d),

12  (e), (f), and (g) which has been on deposit in such program's

13  Preservation 2000 account for more than two three fiscal years

14  shall be redistributed equally to the Department of

15  Environmental Protection, Division of State Lands P2000 sub

16  account for the purchase of State Lands as described in s.

17  259.032 and Water Management District P2000 sub account for

18  the purchase of Water Management Lands pursuant to ss.

19  373.456, 373.4592 and 373.59. For the purposes of this

20  subsection, the term "unencumbered balances" meansthe portion

21  of Preservation 2000 bond proceeds which is not obligated

22  through the signing of a purchase contract between a public

23  agency and a private landowner, except that the program

24  described in paragraph (3)(c) may not lose any portion of its

25  unencumbered funds which remain unobligated because of

26  extraordinary circumstances that hampered the affected local

27  governments' abilities to close on land acquisition projects

28  approved through the Florida Communities Trust program.

29  Extraordinary circumstances shall be determined by the Florida

30  Communities Trust governing body and may include such things

31  as death or bankruptcy of the owner of property; a change in


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  1  the land use designation of the property; natural disasters

  2  that affected a local government's ability to consummate the

  3  sales contract on such property; or any other condition that

  4  the Florida Communities Trust governing board determined to be

  5  extraordinary. The portion of the funds redistributed

  6  deposited in the Water Management District P2000 sub account

  7  Lands Trust Fund shall be distributed to the water management

  8  districts as provided in s. 373.59(7).

  9         2.  The department and the water management districts

10  may enter into joint acquisition agreements to jointly fund

11  the purchase of lands using alternatives to fee simple

12  techniques.

13         Section 19.  Section 259.105, Florida Statutes is

14  created to read:

15         259.105  The Stewardship Florida Act.--

16         (1)  This section may be cited as the "Stewardship

17  Florida Act."

18         (2)(a)  The Legislature finds and declares that:

19         1.  The Preservation 2000 program provided tremendous

20  financial resources for purchasing environmentally significant

21  lands to protect those lands from imminent development,

22  thereby assuring present and future generations access to

23  important open spaces and recreation and conservation lands.

24         2.  The continued alteration and development of

25  Florida's natural areas to accommodate the state's rapidly

26  growing population have contributed to the degradation of

27  water resources, the fragmentation and destruction of wildlife

28  habitats, the loss of outdoor recreation space, and the

29  diminishment of wetlands, forests, and public beaches.

30         3.  The potential development of Florida's remaining

31  natural areas and escalation of land values require a


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  1  continuation of government efforts to restore, bring under

  2  public protection, or acquire lands and water areas to

  3  preserve the state's invaluable quality of life.

  4         4.  Florida's groundwater, surface waters, and springs

  5  are under tremendous pressure due to population growth and

  6  economic expansion and require special protection and

  7  restoration efforts.  To ensure that sufficient quantities of

  8  water are available to meet the current and future needs of

  9  the natural systems and citizens of the state, and assist in

10  achieving the planning goals of the department and the water

11  management districts, water resource development projects on

12  public lands, where compatible with the resource values of and

13  management objectives for the lands, are appropriate.

14         5.  The needs of urban Florida for high-quality outdoor

15  recreational opportunities, greenways, trails, and open space

16  have not been fully met by previous acquisition programs.

17  Through such programs as the Florida Communities Trust and the

18  Florida Recreation Development Assistance Program, the state

19  shall place additional emphasis on acquiring, protecting,

20  preserving, and restoring open space, greenways, and

21  recreation properties within urban areas where pristine

22  natural communities or water bodies no longer exist because of

23  the proximity of developed property.

24         6.  Many of Florida's unique ecosystems, such as the

25  Florida Everglades, are facing ecological collapse due to

26  Florida's burgeoning population. To preserve these valuable

27  ecosystems for future generations, parcels of land must be

28  acquired to facilitate ecosystem restoration.

29         7.  Access to public lands to support a broad range of

30  outdoor recreational opportunities and the development of

31  necessary infrastructure, where compatible with the resource


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  1  values of and management objectives for such lands, promotes

  2  an appreciation for Florida's natural assets and improves the

  3  quality of life.

  4         8.  Acquisition of lands, in fee simple or in any

  5  lesser interest, should be based on a comprehensive assessment

  6  of Florida's natural resources and planned so as to protect

  7  the integrity of ecological systems and provide multiple

  8  benefits, including preservation of fish and wildlife habitat,

  9  recreation space for urban as well as rural areas, and water

10  recharge.

11         9.  The state has embraced performance-based program

12  budgeting as a tool to evaluate the achievements of publicly

13  funded agencies, build in accountability, and reward those

14  agencies which are able to consistently achieve quantifiable

15  goals.  While previous and existing state environmental

16  programs have achieved varying degrees of success, few of

17  these programs can be evaluated as to the extent of their

18  achievements, primarily because performance measures,

19  standards, outcomes, and goals were not established at the

20  outset.  Therefore, the Stewardship Florida program shall be

21  developed and implemented in the context of measurable state

22  goals and objectives.

23         10.  It is the intent of the Legislature to change the

24  focus and direction of the state's major land acquisition

25  programs and to extend funding and bonding capabilities, so

26  that future generations may enjoy the natural resources of

27  Florida.

28         (b)  The Legislature recognizes that acquisition is

29  only one way to achieve the aforementioned goals and

30  encourages the development of creative partnerships between

31  governmental agencies and private landowners.  Land protection


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  1  agreements and similar tools should be used, where

  2  appropriate, to bring environmentally sensitive tracts under

  3  an acceptable level of protection at a lower financial cost to

  4  the public, and to provide private landowners with the

  5  opportunity to enjoy and benefit from their property.

  6         (c)  Public agencies or other entities that receive

  7  funds under this section are encouraged to better coordinate

  8  their expenditures so that project acquisitions, when combined

  9  with acquisitions under Preservation 2000, Save Our Rivers,

10  the Florida Communities Trust, and other public land

11  acquisition programs, will form more complete patterns of

12  protection for natural areas and functioning ecosystems, to

13  better accomplish the intent of this section.

14         (d)  A long-term financial commitment to managing

15  Florida's public lands must accompany any new land acquisition

16  program to ensure that the natural resource values of such

17  lands are protected, that the public has the opportunity to

18  enjoy the lands to their fullest potential, and that the state

19  achieves the full benefits of its investment of public

20  dollars.

21         (e)  With limited dollars available for restoration and

22  acquisition of land and water areas and for providing

23  long-term management and capital improvements, a competitive

24  selection process can select those projects best able to meet

25  the goals of Stewardship Florida and maximize the efficient

26  use of the program's funding.

27         (f)  To ensure success and provide accountability to

28  the citizens of this state, it is the intent of the

29  Legislature that any bond proceeds used pursuant to this

30  section be used to implement the goals and objectives

31  developed by the Acquisition and Restoration Commission.


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  1         (g)  As it has with previous land acquisition programs,

  2  the Legislature recognizes the desires of the citizens of this

  3  state to prosper through economic development and to preserve

  4  the natural areas and recreational open space of Florida.  The

  5  Legislature further recognizes the urgency of restoring the

  6  natural functions of public lands or water bodies before they

  7  are degraded to a point where recovery may never occur, yet

  8  acknowledges the difficulty of ensuring adequate funding for

  9  restoration efforts in light of other equally critical

10  financial needs of the state.  It is the Legislature's desire

11  and intent to fund the implementation of this section and to

12  do so in a fiscally responsible manner, by issuing bonds to be

13  repaid with documentary stamp tax revenue.

14         (3)  Less the costs of issuing and the costs of funding

15  reserve accounts and other costs associated with bonds, the

16  proceeds of bonds issued pursuant to this section shall be

17  deposited into the Stewardship Florida Trust Fund created by

18  s. 259.1051. The proceeds shall be distributed by the

19  Department of Environmental Protection in the following

20  manner:

21         (a)  Thirty-five percent to Department of Environmental

22  Protection for distribution by the Acquisition and Restoration

23  Commission for the acquisition of lands and capital project

24  expenditures necessary to implement the water management

25  districts' priority lists submitted pursuant to s. 373.199.

26         (b)  Thirty-five percent to the Department of

27  Environmental Protection for distribution by the Acquisition

28  and Restoration Commission for the acquisition of lands and

29  capital project expenditures described in this section. Of the

30  proceeds distributed pursuant to this paragraph, it is the

31  intent of the Legislature that an increased priority be given


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  1  to those acquisitions which achieve a combination of

  2  conservation goals, including protecting Florida's water

  3  resources and natural groundwater recharge. Protection Capital

  4  project expenditures may not exceed 10 percent of the funds

  5  allocated pursuant to this paragraph.

  6         (c)  Twenty percent to the Department of Community

  7  Affairs to provide grants and loans to local governments

  8  through the Florida Communities Trust pursuant to part III of

  9  chapter 380. Of this 20 percent, 75 percent shall be matched

10  by local governments on a dollar-for-dollar basis. However, no

11  less than 5 percent of the funds allocated through the Florida

12  Communities Trust shall be used to acquire lands for

13  recreational trail systems. In the event these designated

14  funds are not fully expended on recreational trail

15  acquisitions, the Florida Communities Trust may expend such

16  funds for other purposes authorized by this section.

17         (d)  One and five-tenths percent to the Department of

18  Environmental Protection for the purchase of inholdings and

19  additions to state parks.  For the purposes of this paragraph,

20  "state park" means any real property in the state which is

21  under the jurisdiction of the Division of Recreation and Parks

22  of the department, or which may come under its jurisdiction.

23         (e)  One and five-tenths percent to the Division of

24  Forestry of the Department of Agriculture and Consumer

25  Services to fund the acquisition of state forest inholdings

26  and additions pursuant to s. 589.07 and the implementation of

27  reforestation plans or sustainable forestry management

28  practices.

29         (f)  One and five-tenths percent to the Fish and

30  Wildlife Conservation Commission to fund the acquisition of

31


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  1  inholdings and additions to lands managed by the commission

  2  which are important to the conservation of fish and wildlife.

  3         (g)  One and five-tenths percent to the Department of

  4  Environmental Protection for the Florida Greenways and Trails

  5  Program, to acquire greenways and trails or greenways and

  6  trail systems pursuant to chapter 260, including, but not

  7  limited to, abandoned railroad rights-of-way and the Florida

  8  National Scenic Trail.

  9         (h)  Four percent to the Division of Recreation and

10  Parks of the Department of Environmental Protection to provide

11  grants to local governments through the Florida Recreation

12  Development Assistance Program pursuant to s. 375.075.

13         (i)  For the purposes of paragraphs (d), (e), and (f),

14  the agencies which receive the funds shall develop their

15  individual acquisition or restoration lists. Proposed

16  additions may be acquired if they are identified within the

17  original project boundary, the management plan required

18  pursuant to s. 253.034(5), or the management prospectus

19  required pursuant to s. 259.032(9)(d). Proposed additions not

20  meeting the requirements of this paragraph shall be submitted

21  to the Acquisition and Restoration Commission for approval.

22  The commission may only approve the proposed addition if it

23  meets two or more of the following criteria: serves as a link

24  or corridor to other publicly owned property; enhances the

25  protection or management of the property; would add a

26  desirable resource to the property; would create a more

27  manageable boundary configuration; has a high resource value

28  that otherwise would be unprotected; or can be acquired at

29  less than fair market value.

30         (j)  It is the intent of the Legislature that the

31  percentage distributions prescribed within this subsection be


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  1  reviewed and recommendations be made on whether adjustments

  2  are needed.  To assist the Legislature in performing these

  3  reviews the Acquisition and Restoration Commission with

  4  cooperation from the Department of Environmental Protection

  5  and the Executive Office of the Governor shall submit a report

  6  that details:  specific expenditures made under each paragraph

  7  of this section; recommendations for adjusting or expanding

  8  the goals; and recommendations for adjusting the percentage

  9  distributions.  Such report shall be submitted to the

10  President of the Senate and Speaker of the House 30 days prior

11  to the regular legislative sessions in the following years:

12  2002, 2004, 2006, and 2008.

13         (4)  It is the intent of the Legislature that projects

14  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

15  contribute to the achievement of the following goals:

16         (a)  An increase in the level of protection for, or an

17  increase in the populations of, listed plant species, as

18  measured by the number of occurrences, acres of strategic

19  habitat areas, or delisting or redesignation of such species.

20         (b)  An increase in the level of protection for, or an

21  increase in the populations of, listed animal species, as

22  measured by the number of occurrences, acres of strategic

23  habitat areas, delisting or redesignation of such species, or

24  the change in long-term survival rates.

25         (c)  The restoration of land areas, as measured by a

26  reduction in nonnative species, level of maintenance control

27  of invasive species, reforestation rates, or regeneration of

28  natural communities.

29         (d)  An increase in public landholdings needed to meet

30  the goals of this subsection, as measured by the acquisition

31


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  1  of lands in fee simple or with less than fee simple

  2  alternatives.

  3         (e)  The completion of projects begun under previous

  4  land acquisition programs, as measured through the acquisition

  5  of land under inholdings and additions programs.

  6         (f)  An increase in the amount of forest land for

  7  sustainable natural resources.

  8         (g)  An increase in public recreational opportunities,

  9  as measured by the acreage available for recreational

10  opportunities or the number of miles available for greenways

11  or trails.

12         (h)  A reduction in the amount of pollutants flowing

13  into Florida's surface waters, as measured by a reduction in

14  the number of surface water bodies designated as impaired.

15         (i)  The improvement of water recharge rates on public

16  lands, as measured by increased speed of recharge and amount

17  of cubic feet of water made available.

18         (j)  The restoration of water areas, as measured by a

19  reduction of nonnative species, level of maintenance control

20  of invasive species, regeneration of natural communities,

21  reduction of excessive sedimentation, removal of impediments,

22  or reduction of shoreline erosion.

23         (k)  The protection of natural floodplain functions and

24  prevention of or reduction in flood damage, as measured by the

25  number of acres of floodplain in public ownership.

26         (l)  The restoration of degraded water bodies, as

27  measured by the number of goals implemented under a surface

28  water improvement plan or other restoration plans.

29         (m)  The restoration of wetlands, as measured by the

30  number of acres of previously converted wetlands returned to a

31  functioning status.


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  1         (n)  The preservation of strategic wetlands, as

  2  measured by the number of acres acquired.

  3         (o)  The preservation of, or reduction of contaminants

  4  in, aquifers and springs, as measured by contaminant levels or

  5  the number of acres of recharge areas acquired.

  6         (5)  The Acquisition and Restoration Commission shall

  7  adopt numeric goals and performance measures for those goals

  8  enumerated in subsection (4).  The commission may also develop

  9  and submit additional goals and suggested performance measures

10  to be used for implementation of this section.  The commission

11  shall utilize the findings of the Stewardship Florida Study

12  Commission in establishing numeric goals and performance

13  measures.  The goals and performance measures developed

14  pursuant to this subsection shall be submitted to the board of

15  trustees for their review and approval by January 1, 2001, and

16  subsequently submitted no later than 30 days prior to the 2001

17  Regular Session for review by the appropriate legislative

18  committees with jurisdiction over the department.  The

19  Legislature may reject, modify, or take no action relative to

20  the goals and performance measures.  If no action is taken,

21  the goals and performance measures shall be implemented.

22         (6)  All lands acquired pursuant to this section shall

23  be managed for multiple-use purposes, where compatible with

24  the resource values of and management objectives for such

25  lands.  As used in this section, "multiple-use" includes, but

26  is not limited to, outdoor recreational activities as

27  described in ss. 253.034 and 259.032(9)(b), water resource

28  development projects, and sustainable forestry management.

29         (7)  As provided in this section, a water resource or

30  water supply development project may be allowed only if the

31  following conditions are met: minimum flows and levels have


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  1  been established for those waters, if any, which may

  2  reasonably be expected to experience significant adverse

  3  effects as a result of the project; the project complies with

  4  all applicable permitting requirements; and the project is

  5  consistent with the regional water supply plan, if any, of the

  6  water management district and with relevant recovery or

  7  prevention strategies if required pursuant to s. 373.0421(2).

  8         (8)(a)  Beginning July 1, 2000, and every year

  9  thereafter, the commission shall accept applications from

10  state agencies, local governments, nonprofit and for-profit

11  organizations, private land trusts, and individuals for

12  project proposals eligible for funding pursuant to paragraph

13  (3)(b). The commission shall evaluate the proposals received

14  pursuant to this subsection to ensure that they meet at least

15  one of the criteria under subsection (10).

16         (b)  Project applications shall contain, at a minimum,

17  the following:

18         1.  A minimum of two numeric performance measures that

19  directly relate to the overall goals adopted by the

20  commission.  Each performance measure shall include a baseline

21  measurement, which is the current situation; a performance

22  standard which the project sponsor anticipates the project

23  will achieve; and the performance measurement itself, which

24  should reflect the incremental improvements the project

25  accomplishes towards achieving the performance standard.

26         2.  Proof that property owners within any proposed

27  acquisition have been notified of their inclusion in the

28  proposed project.  Any property owner may request the removal

29  of such property from further consideration by submitting a

30  request to the project sponsor or commission by certified

31  mail. Upon receiving this request, the commission shall delete


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  1  the property from the proposed project; however, the board of

  2  trustees, at the time it votes to approve the proposed project

  3  lists pursuant to subsection (17), may add the property back

  4  on to the project lists if it determines by a super majority

  5  of its members that such property is critical to achieve the

  6  purposes of the project.

  7         (c)  The title to lands acquired under this section

  8  shall vest in the Board of Trustees of the Internal

  9  Improvement Trust Fund, except that title to lands acquired by

10  a water management district shall vest in the name of that

11  district and lands acquired by a local government shall vest

12  in the name of the purchasing local government.

13         (9)  The commission shall develop two project lists:

14         (a)  One list shall represent those projects submitted

15  pursuant to subsection (8).

16         (b)  One list shall represent those projects submitted

17  pursuant to s. 373.199.

18         (10)  The Acquisition and Restoration Commission shall

19  develop a rule to competively evaluate, select, and rank

20  projects eligible for Stewardship Florida funds pursuant to

21  paragraphs (3)(a) and (b).  In developing this rule the

22  commission shall give weight to the following criteria:

23         (a)  The project meets multiple goals described in

24  subsection (4).

25         (b)  The project is part of an ongoing governmental

26  effort to restore, protect, or develop land areas or water

27  resources.

28         (c)  The project enhances or facilitates management of

29  properties already under public ownership.

30         (d)  The project has significant archeological or

31  historic value.


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  1         (e)  The project has funding sources that are

  2  identified and assured through at least the first two years of

  3  the project.

  4         (f)  The project contributes to the solution of water

  5  resource problems on a regional basis.

  6         (g)  The project has a significant portion of its land

  7  area in imminent danger of development, in imminent danger of

  8  losing its significant natural attributes or recreational open

  9  space, or in imminent danger of subdivision which would result

10  in multiple ownership and make acquisition of the project

11  costly or less likely to be accomplished.

12         (h)  The project implements an element from a plan

13  developed by an ecosystem management team.

14         (i)  The project is one of the components of the

15  Everglades restoration effort.

16         (j)  The project may be purchased at 80 percent of

17  appraised value.

18         (k)  The project may be acquired, in whole or in part,

19  using alternatives to fee simple, including but not limited

20  to, purchase of development rights, hunting rights,

21  agricultural or silvicultural rights, or mineral rights;

22  obtaining conservation easements or flowage easements; or use

23  of land protection agreements as defined in s. 380.0677(5).

24         (l)  Is a joint acquisition, either among public

25  agencies, nonprofit organizations, or private entities, or by

26  a public-private partnership.

27         (11)  The Acquisition and Restoration Commission shall

28  give increased priority to those projects for which matching

29  funds are available.

30         (14)  For the purposes of ranking and selecting

31  projects for funding pursuant to paragraph (3)(a) the


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  1  Acquisition and Restoration Commission shall ensure that each

  2  water management district receives the following percentage of

  3  funds annually:

  4         (a)  35 percent to the South Florida Water Management

  5  District.

  6         (b)  25 percent to the Southwest Florida Water

  7  Management District.

  8         (c)  25 percent to the St. John's River Water

  9  Management District.

10         (d)  7.5 percent to the Suwannee River Water Management

11  District.

12         (e)  7.5 percent to the Northwest Florida Water

13  Management District.

14         (15)  It is the intent of the Legislature that in

15  developing the list of projects for funding pursuant to

16  paragraph (3)(a), that these funds not be used to abrogate the

17  financial responsibility of those point and nonpoint sources

18  that have contributed to the degradation of water or land

19  areas.  Therefore an increased priority shall be given by the

20  Acquisition and Restoration Commission to those projects that

21  have secured a cost-sharing agreement allocating

22  responsibility for the cleanup of point and nonpoint sources.

23         (16)  An affirmative vote of five members of the

24  commission shall be required in order to place a proposed

25  project on either list. Any member of the commission who by

26  family or a business relationship has a connection with any

27  project proposed to be ranked shall declare such interest

28  prior to voting for a project's inclusion on the list.

29         (17)  Each year that bonds are to be issued pursuant to

30  this section, the commission shall review that year's approved

31  project lists and shall, by the first board meeting in May,


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  1  present to the Board of Trustees of the Internal Improvement

  2  Trust Fund for approval a listing of projects developed

  3  pursuant to subsection (9). The board of trustees may remove

  4  projects from the list developed pursuant to this subsection,

  5  but may not add projects or rearrange project rankings.

  6         (18)  The commission shall submit to the board of

  7  trustees, with its list of projects, a report that includes,

  8  but shall not be limited to, the following information for

  9  each project listed:

10         (a)  The stated purpose for inclusion.

11         (b)  Projected costs to achieve the project goals.

12         (c)  An interim management budget.

13         (d)  Specific performance measures.

14         (e)  Plans for public access.

15         (f)  An identification of the essential parcel or

16  parcels within the project without which the project cannot be

17  properly managed.

18         (g)  Where applicable, an identification of those

19  projects or parcels within projects which should be acquired

20  in fee simple or in less than fee simple.

21         (h)  An identification of those lands being purchased

22  for conservation purposes.

23         (i)  A management policy statement for the project and

24  a management prospectus pursuant to s. 259.032(9)(d).

25         (j)  An estimate of land value based on county tax

26  assessed values.

27         (k)  A map delineating project boundaries.

28         (l)  An assessment of the project's ecological value,

29  outdoor recreational value, forest resources, wildlife

30  resources, ownership pattern, utilization, and location.

31


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                                    CS/CS/HB 2021, First Engrossed



  1         (m)  A discussion of whether alternative uses are

  2  proposed for the property and what those uses are.

  3         (n)  A designation of the management agency or

  4  agencies.

  5         (19)  All proposals for projects pursuant to this

  6  section shall be implemented only if adopted by the commission

  7  and approved by the board of trustees.  The commission shall

  8  consider and evaluate in writing the merits and demerits of

  9  each project that is proposed for Stewardship Florida funding

10  and shall ensure that each proposed project will meet a stated

11  public purpose for the restoration, conservation, or

12  preservation of environmentally sensitive lands and water

13  areas or for providing outdoor recreational opportunities.

14  The commission also shall determine if the project conforms,

15  where applicable, with the comprehensive plan developed

16  pursuant to s. 259.04(1)(a), the comprehensive multipurpose

17  outdoor recreation plan developed pursuant to s. 375.021, the

18  state lands management plan adopted pursuant to s. 253.03(7),

19  the water resources work plans developed pursuant to s.

20  373.199, and the provisions of this section.

21         (20)(a)  The Board of Trustees of the Internal

22  Improvement Trust Fund, or, in the case of water management

23  district lands, the owning water management district, may

24  authorize the granting of a lease, easement, or license for

25  the use of certain lands acquired pursuant to this section,

26  for certain uses that are determined by the appropriate board

27  to be compatible with the resource values of and management

28  objectives for such lands.

29         (b)  Any existing lease, easement, or license acquired

30  for incidental public or private use on, under, or across any

31  lands acquired pursuant to this section shall be presumed to


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                                    CS/CS/HB 2021, First Engrossed



  1  be compatible with the purposes for which such lands were

  2  acquired.

  3         (c)  Notwithstanding the provisions of paragraph (a),

  4  no such lease, easement, or license shall be entered into by

  5  the Department of Environmental Protection or other

  6  appropriate state agency if the granting of such lease,

  7  easement, or license would adversely affect the exclusion of

  8  the interest on any revenue bonds issued to fund the

  9  acquisition of the affected lands from gross income for

10  federal income tax purposes, pursuant to Internal Revenue

11  Service regulations.

12         (21)  The Acquisition and Restoration Commission may

13  adopt rules necessary to implement the provisions of this

14  section relating to:  solicitation, scoring, selecting, and

15  ranking of Stewardship Florida project proposals; the

16  development and annual reevaluation of the 5-year plan;

17  disposing of or leasing lands or water areas selected for

18  funding through the Stewardship Florida program; and the

19  process of reviewing and recommending for approval or

20  rejection the land management plans associated with publicly

21  owned properties. Rules promulgated pursuant to this

22  subsection shall be submitted to the President of the Senate

23  and the Speaker of the House of Representatives, for review by

24  the Legislature, no later than 30 days prior to the 2000

25  Regular Session and shall become effective only after

26  legislative review. In its review, the Legislature may reject,

27  modify, or take no action relative to such rules. The

28  commission shall conform such rules to changes made by the

29  Legislature, or, if no action was taken by the Legislature,

30  such rules shall become effective.

31


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  1         (22)  Lands identified for acquisition under the

  2  Stewardship Florida program may be managed by a private party

  3  in lieu of state purchase or in combination with a state

  4  purchase in accordance with a contractual arrangement between

  5  the acquiring agency and the private party that may include

  6  service contracts, leases, cost-share arrangements, or

  7  resource conservation agreements.  Funding for these

  8  contractual arrangements may originate from the documentary

  9  stamp tax revenue deposited into the Conservation and

10  Recreation Lands Trust Fund and the Water Management District

11  Lands Trust Fund.

12         Section 20.  Subsections (2), (3), and (4) of section

13  260.012, Florida Statutes, 1998 Supplement, are amended to

14  read:

15         260.012  Declaration of policy and legislative

16  intent.--

17         (2)  It is the intent of the Legislature that a

18  statewide system of greenways and trails be established to

19  provide open space benefiting environmentally sensitive lands

20  and wildlife and providing people with access to healthful

21  outdoor activities.  It is also the intent of the Legislature

22  to acquire or designate lands and waterways to facilitate the

23  establishment of a statewide system of greenways and trails;

24  to encourage the multiple use of public rights-of-way and use

25  to the fullest extent existing and future scenic roads,

26  highways, park roads, parkways, greenways, trails, and

27  national recreational trails; to encourage the development of

28  greenways and trails by counties, cities, and special

29  districts and to assist in such development by any means

30  available; to coordinate greenway and trail plans and

31  development by local governments with one another and with the


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  1  state government and Federal Government; to encourage,

  2  whenever possible, the development of greenways and trails on

  3  federal lands by the Federal Government; and to encourage the

  4  owners of private lands to protect the existing ecological,

  5  historical, and cultural values of their lands, including

  6  those values derived from working landscapes.

  7         (3)  It is the intent of the Legislature that

  8  designated greenways and trails be located on public lands and

  9  waterways and, subject to the written agreement of the private

10  landowner, on private lands. Designated greenways and trails

11  located on public lands or waterways or on private lands may

12  or may not provide public access, as agreed by the department

13  or the landowner, respectively.

14         (4)  It is the intent of the Legislature that

15  information produced for the purpose of the identification of

16  lands and waterways, both public and private, that are

17  suitable for greenways and trails be used only for the

18  purposes of:

19         (a)  Setting priorities for acquisition, planning, and

20  management of public lands and waterways for use as greenways

21  and trails; and

22         (b)  Identification of private lands which are eligible

23  for designation as part of the greenways and trails system and

24  are thereby eligible for incentives.

25         Section 21.  Subsection (3) of section 260.013, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         260.013  Definitions.--As used in ss. 260.011-260.018,

28  unless the context otherwise requires:

29         (3)  "Designation" means the identification and

30  inclusion of specific lands and waterways as part of the

31  statewide system of greenways and trails pursuant to a formal


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  1  public process, including the specific written consent of the

  2  landowner. When the department determines that public access

  3  is appropriate for greenways and trails, written authorization

  4  must be granted by the landowner to the department permitting

  5  public access to all or a specified part of the landowner's

  6  property. The department's determination shall be noticed

  7  pursuant to s. 120.525, and the department shall also notify

  8  the landowner by certified mail at least 7 days before any

  9  public meeting regarding the intent to designate.

10         Section 22.  Section 260.014, Florida Statutes, 1998

11  Supplement, is amended to read:

12         260.014  Florida Greenways and Trails System.--The

13  Florida Greenways and Trails System shall be a statewide

14  system of greenways and trails which shall consist of

15  individual greenways and trails and networks of greenways and

16  trails which may be designated as a part of the statewide

17  system by the department. Mapping or other forms of

18  identification of lands and waterways as suitable for

19  inclusion in the system of greenways and trails, mapping of

20  ecological characteristics for any purpose, or development of

21  information for planning purposes shall not constitute

22  designation. No lands or waterways may be designated as a part

23  of the statewide system of greenways and trails without the

24  specific written consent of the landowner.

25         Section 23.  Section 260.0142, Florida Statutes, is

26  created to read:

27         260.0142  Florida Greenways and Trails Council;

28  composition; powers and duties.--

29         (1)  There is hereby created within the Department of

30  Environmental Protection the Florida Greenways and Trails

31  Council which shall advise the department in the execution of


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  1  the department's powers and duties under this chapter. The

  2  council shall be composed of 21 members, consisting of:

  3         (a)  Five members appointed by the Governor, with two

  4  members representing the trail user community, two members

  5  representing the greenway user community, and one member

  6  representing private landowners. Of the initial appointments,

  7  two shall be appointed for 2-year terms and three shall be

  8  appointed for 1-year terms.  Subsequent appointments shall be

  9  for 2-year terms.

10         (b)  Three members appointed by the President of the

11  Senate, with one member representing the trail user community

12  and two members representing the greenway user community.  Of

13  the initial appointments, two shall be appointed for 2-year

14  terms and one shall be appointed for a 1-year term. Subsequent

15  appointments shall be for 2-year terms.

16         (c)  Three members appointed by the Speaker of the

17  House of Representatives, with two members representing the

18  trail user community and one member representing the greenway

19  user community.  Of the initial appointments, two shall be

20  appointed for 2-year terms and one shall be appointed for a

21  1-year term.  Subsequent appointments shall be for 2-year

22  terms.

23

24  Those eligible to represent the trail user community shall be

25  chosen from, but not be limited to, paved trail users, hikers,

26  off-road bicyclists, paddlers, equestrians, disabled outdoor

27  recreational users, and commercial recreational interests.

28  Those eligible to represent the greenway user community shall

29  be chosen from, but not be limited to, conservation

30  organizations, nature study organizations, and scientists and

31  university experts.


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  1         (d)  The 10 remaining members shall include:

  2         1.  The Secretary of Environmental Protection or a

  3  designee;

  4         2.  The executive director of the Fish and Wildlife

  5  Conservation Commission or a designee;

  6         3.  The Secretary of Community Affairs or a designee;

  7         4.  The Secretary of Transportation or a designee;

  8         5.  The Director of the Division of Forestry of the

  9  Department of Agriculture and Consumer Services or a designee;

10         6.  The director of the Division of Historical

11  Resources of the Department of State or a designee;

12         7.  A representative of the water management districts

13  who shall serve for 1 year.  Membership on the council shall

14  rotate among the five districts.  The districts shall

15  determine the order of rotation;

16         8.  A representative of a federal land management

17  agency.  The Secretary of Environmental Protection shall

18  identify the appropriate federal agency and request

19  designation of a representative from the agency to serve on

20  the council;

21         9.  A representative of the regional planning councils

22  to be appointed by the Secretary of Environmental Protection,

23  in consultation with the Secretary of Community Affairs, for a

24  single 2-year term.  The representative shall not be selected

25  from the same regional planning council for successive terms;

26  and

27         10.  A representative of local governments to be

28  appointed by the Secretary of Environmental Protection, in

29  consultation with the Secretary of Community Affairs, for a

30  single 2-year term.  Membership shall alternate between a

31  county representative and a municipal representative.


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  1         (2)  The department shall provide necessary staff

  2  assistance to the council.

  3         (3)  The council is authorized to contract for and to

  4  accept gifts, grants, or other aid from the United States

  5  Government or any person or corporation.

  6         (4)  The duties of the council shall include, but not

  7  be limited to, the following:

  8         (a)  Advise the Department of Environmental Protection,

  9  the Department of Community Affairs, the Department of

10  Transportation, the Fish and Wildlife Conservation Commission,

11  the Division of Forestry of the Department of Agriculture and

12  Consumer Services, the water management districts, and the

13  regional planning councils on policies relating to the Florida

14  Greenways and Trails System, and promote intergovernmental

15  cooperation;

16         (b)  Facilitate a statewide system of interconnected

17  landscape linkages, conservation corridors, greenbelts,

18  recreational corridors and trails, scenic corridors,

19  utilitarian corridors, reserves, regional parks and preserves,

20  ecological sites, and historical/historic/recreational sites;

21         (c)  Facilitate a statewide system of interconnected

22  land-based trails that connect urban, suburban, and rural

23  areas of the state and facilitate expansion of the statewide

24  system of freshwater and saltwater paddling trails;

25         (d)  Recommend priorities for critical links in the

26  Florida Greenways and Trails System;

27         (e)  Review applications for acquisition funding under

28  the Florida Greenways and Trails Program and recommend to the

29  Secretary of Environmental Protection which projects should be

30  acquired;

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  1         (f)  Provide funding recommendations to agencies and

  2  organizations regarding the acquisition, development, and

  3  management of greenways and trails, including the promotion of

  4  private landowner incentives;

  5         (g)  Review designation proposals for inclusion in the

  6  Florida Greenways and Trails System;

  7         (h)  Provide advocacy and education to benefit the

  8  statewide system of greenways and trails by encouraging

  9  communication and conferencing;

10         (i)  Encourage public-private partnerships to develop

11  and manage greenways and trails;

12         (j)  Review progress toward meeting established

13  benchmarks and recommend appropriate action;

14         (k)  Make recommendations for updating and revising the

15  implementation plan for the Florida Greenways and Trails

16  System;

17         (l)  Advise the Land Acquisition and Management

18  Advisory Council or its successor to ensure the incorporation

19  of greenways and trails in land management plans on lands

20  managed by the Department of Environmental Protection, the

21  Fish and Wildlife Conservation Commission, the Division of

22  Historical Resources of the Department of State, and the

23  Division of Forestry of the Department of Agriculture and

24  Consumer Services;

25         (m)  Provide advice and assistance to the Department of

26  Transportation and the water management districts regarding

27  the incorporation of greenways and trails into their planning

28  efforts;

29         (n)  Encourage land use, environmental, and coordinated

30  linear infrastructure planning to facilitate the

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                                    CS/CS/HB 2021, First Engrossed



  1  implementation of local, regional, and statewide greenways and

  2  trails systems;

  3         (o)  Promote greenways and trails support

  4  organizations; and

  5         (p)  Support the Florida Greenways and Trails System in

  6  any other appropriate way.

  7         (5)  The council shall establish procedures for

  8  conducting its affairs in execution of the duties and

  9  responsibilities stated in this section, which operating

10  procedures shall include determination of a council chair and

11  other appropriate operational guidelines. The council shall

12  meet at the call of the chair, or at such times as may be

13  prescribed by its operating procedures.  The council may

14  establish committees to conduct the work of the council and

15  the committees may include nonmembers as appropriate.

16         (6)  A vacancy on the council shall be filled for the

17  remainder of the unexpired term in the same manner as the

18  original appointment.  Members whose terms have expired may

19  continue to serve until replaced or reappointed. No member

20  shall serve on the council for more than two consecutive

21  terms.

22         (7)  Members of the council shall not receive any

23  compensation for their services but shall be entitled to

24  receive reimbursement for per diem and travel expenses

25  incurred in the performance of their duties, as provided in s.

26  112.061.

27         Section 24.  Section 260.016, Florida Statutes, 1998

28  Supplement, is amended, to read:

29         260.016  General powers of the department.--

30         (1)  The department may:

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                                    CS/CS/HB 2021, First Engrossed



  1         (a)  Publish and distribute appropriate maps of

  2  designated greenways and trails. The description shall include

  3  a generalized map delineating the area designated, location of

  4  suitable ingress and egress sites, as well as other points of

  5  interest to enhance the recreational opportunities of the

  6  public.

  7         (b)  Establish access routes and related public-use

  8  facilities along greenways and trails which will not

  9  substantially interfere with the nature and purposes of the

10  greenway or trail.

11         (c)  Adopt appropriate rules to implement or interpret

12  this act and portions of chapter 253 relating to greenways and

13  trails, which may include, but are not limited to, rules for

14  the following:

15         1.  Establishing a designation process.

16         2.  Negotiating and executing agreements with private

17  landowners.

18         3.  Establishing prohibited activities or restrictions

19  on activities to protect the health, safety, and welfare of

20  the public.

21         4.  Charging fees for use.

22         5.  Providing public access.

23         6.  Providing for maintenance.

24         7.  Any matter necessary to the evaluation, selection,

25  operation, and maintenance of greenways and trails.

26

27  Any person who violates or otherwise fails to comply with the

28  rules adopted pursuant to subparagraph 3. commits a

29  noncriminal infraction for which a fine of up to $500 may be

30  imposed.

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                                    CS/CS/HB 2021, First Engrossed



  1         (d)  Coordinate the activities of all governmental

  2  units and bodies and special districts that desire to

  3  participate in the development and implementation of the

  4  Florida Greenways and Trails System.

  5         (e)  Appoint an advisory body to be known as the

  6  "Florida Recreational Trails Council" which shall advise the

  7  department in the execution of its powers and duties under

  8  this chapter.  The department may establish by rule the

  9  duties, structure, and responsibilities of the council.

10  Members of the Florida Recreational Trails Council shall serve

11  without compensation, but are entitled to be reimbursed for

12  per diem and travel expenses as provided in s. 112.061.

13         (e)(f)  Establish, develop, and publicize greenways and

14  trails saltwater paddling trails in a manner that will permit

15  public recreation when appropriate without damaging natural

16  resources. The Big Bend Historic Saltwater Paddling Trail from

17  the St. Marks River to the Suwannee River is hereby designated

18  as part of the Florida Greenways and Trails System.  Additions

19  to this trail may be added by the department from time to time

20  as part of a statewide saltwater circumnavigation trail.

21         (f)(g)  Enter into sublease agreements or other use

22  agreements with any federal, state, or local governmental

23  agency, or any other entity local governmental agencies for

24  the management of greenways and trails for recreation and

25  conservation purposes consistent with the intent of this

26  chapter.

27         (h)  Enter into management agreements with other

28  entities only if a federal agency, another state agency, local

29  government, county, or municipality is unable to manage the

30  greenways or trails lands.  Such entities must demonstrate

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                                    CS/CS/HB 2021, First Engrossed



  1  their capabilities of management for the purposes defined in

  2  ss. 260.011-260.018.

  3         (g)(i)  Charge reasonable fees or rentals for the use

  4  or operation of facilities and concessions.  All such fees,

  5  rentals, or other charges collected shall be deposited in the

  6  account or trust fund of the managing entity.  All such fees,

  7  rentals, or other charges collected by the Division of

  8  Recreation and Parks under this paragraph shall be deposited

  9  in the State Park Trust Fund pursuant to s. 258.014.

10         (2)  The department shall:

11         (a)  Evaluate lands for the acquisition of greenways

12  and trails and compile a list of suitable corridors,

13  greenways, and trails, ranking them in order of priority for

14  proposed acquisition.  The department shall devise a method of

15  evaluation which includes, but is not limited to, the

16  consideration of:

17         1.  The importance and function of such corridors

18  within the statewide system.

19         2.  Potential for local sharing in the acquisition,

20  development, operation, or maintenance of greenway and trail

21  corridors.

22         3.  Costs of acquisition, development, operation, and

23  maintenance.

24         (b)  Maintain an updated list of abandoned and

25  to-be-abandoned railroad rights-of-way.  The department shall

26  request information on current and potential railroad

27  abandonments from the Department of Transportation and

28  railroad companies operating within the state.  At a minimum,

29  the department shall make such requests on a quarterly basis.

30         (c)  Provide information to public and private agencies

31  and organizations on abandoned rail corridors which are or


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                                    CS/CS/HB 2021, First Engrossed



  1  will be available for acquisition from the railroads or for

  2  lease for interim recreational use from the Department of

  3  Transportation. Such information shall include, at a minimum,

  4  probable costs of purchase or lease of the identified

  5  corridors.

  6         (d)  Develop and implement a process for designation of

  7  lands and waterways as a part of the statewide system of

  8  greenways and trails, which shall include:

  9         1.  Development and dissemination of criteria for

10  designation.

11         2.  Development and dissemination of criteria for

12  changes in the terms or conditions of designation, including

13  withdrawal or termination of designation. A landowner may have

14  his or her lands property removed from designation by

15  providing the department with a written request that contains

16  an adequate description of such lands to be removed.

17  Provisions shall be made in the designation agreement for

18  disposition of any future improvements made to the land by the

19  department.

20         3.  Compilation of available information on and field

21  verification of the characteristics of the lands and waterways

22  as they relate to the developed criteria.

23         4.  Public notice pursuant to s. 120.525 in all phases

24  of the process.

25         5.  Actual notice to the landowner by certified mail at

26  least 7 days before any public meeting regarding the

27  department's intent to designate.

28         6.  Written authorization from the landowner in the

29  form of a lease or other instrument for the designation and

30  granting of public access, if appropriate, to a landowner's

31  property.


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  1         7.  Development of a greenway or trail use plan as a

  2  part of the designation agreement. In any particular segment

  3  of a greenway or trail, the plan components must be compatible

  4  with connecting segments and, at a minimum, describe the types

  5  and intensities of uses of the property.

  6         (e)  Implement the plan for the Florida Greenways and

  7  Trails System as adopted by the Florida Greenways Coordinating

  8  Council on September 11, 1998.

  9         (3)  The department or its designee is authorized to

10  negotiate with potentially affected private landowners as to

11  the terms under which such landowners would consent to the

12  public use of their lands as part of the greenways and trails

13  system. The department shall be authorized to agree to

14  incentives for a private landowner who consents to this public

15  use of his or her lands for conservation or recreational

16  purposes, including, but not limited to, the following:

17         (a)  Retention by the landowner of certain specific

18  rights in his or her lands, including, but not limited to, the

19  right to farm, hunt, graze, harvest timber, or use the lands

20  for other purposes which are consistent with use as greenways

21  or trails.

22         (b)  Agreement to exchange, subject to the approval of

23  the Board of Trustees of the Internal Improvement Trust Fund

24  or other applicable unit of government, ownership or other

25  rights of use of public lands for the ownership or other

26  rights of use of privately owned lands property. Any exchange

27  of state-owned lands, title to which is vested in the Board of

28  Trustees of the Internal Improvement Trust Fund, for privately

29  owned lands shall be subject to the requirements of s.

30  259.041.

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                                    CS/CS/HB 2021, First Engrossed



  1         (c)  Contracting with the landowner to provide

  2  management or other services on the lands.

  3         (d)  At the option of the landowner, acceleration of

  4  the acquisition process or higher consideration in the ranking

  5  process when any lands owned by the landowner are under

  6  consideration for acquisition by the state or other unit of

  7  government.

  8         (e)  At the option of the landowner, removal of any

  9  lands owned by the landowner from consideration for acquistion

10  by the state or other unit of government.

11         (f)  Execution of patrol and protection agreements.

12         (g)  Where applicable and appropriate, providing lease

13  fees, not to exceed fair market value of the leasehold

14  interest.

15         Section 25.  Section 260.018, Florida Statutes, 1998

16  Supplement, is amended to read:

17         260.018  Agency recognition.--All agencies of the

18  state, regional planning councils through their comprehensive

19  plans, and local governments through their local comprehensive

20  planning process pursuant to chapter 163 shall recognize the

21  special character of publicly owned lands and waters

22  designated by the state as greenways and trails and shall not

23  take any action which will impair their use as designated.

24  Identification of lands or waterways in planning materials,

25  maps, data, and other information developed or used in the

26  greenways and trails program shall not be cause for such lands

27  or waterways to be subject to this section, unless such lands

28  or waterways have been designated as a part of the statewide

29  system or greenways and trails pursuant to s. 260.016(2)(d).

30         Section 26.  Paragraph (a) of subsection (11) of ection

31  288.1224, Florida Statutes, is amended to read:


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  1         288.1224  Powers and duties.--The commission:

  2         (11)  Shall create an advisory committee of the

  3  commission which shall be charged with developing a regionally

  4  based plan to protect and promote all of the natural, coastal,

  5  historical, cultural, and commercial tourism assets of this

  6  state.

  7         (a)  Members of the advisory committee shall be

  8  appointed by the chair of the commission and shall include

  9  representatives of the commission, the Departments of

10  Agriculture and Consumer Services, Environmental Protection,

11  Community Affairs, Transportation, and State, the Florida

12  Greenways and Trails Coordinating Council, the Fish and

13  Wildlife Conservation Commission Florida Game and Freshwater

14  Fish Commission, and, as deemed appropriate by the chair of

15  the commission, representatives from other federal, state,

16  regional, local, and private sector associations representing

17  environmental, historical, cultural, recreational, and

18  tourism-related activities.

19         Section 27.  The following trails located upon or

20  within public lands or waterways and designated prior to May

21  30, 1998, shall not be subject to the designation process

22  established in chapter 260, Florida Statutes, 1998

23  Supplement:  thirty-six canoe trails designated by the

24  Governor and Cabinet in 1970 and redesignated by the Governor

25  and Cabinet on December 8, 1981; the Historic Big Bend

26  Saltwater Paddling Trail; Hillsborough River State

27  Recreational Canoe Trail; and trails located within state

28  parks and forests.

29         Section 28.  Effective July 1, 2001, subsection (4) of

30  section 369.252, Florida Statutes, is amended to read:

31


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                                    CS/CS/HB 2021, First Engrossed



  1         369.252  Invasive exotic plant control on public

  2  lands.--The department shall establish a program to:

  3         (4)  Use funds in the Aquatic Plant Control Trust Fund

  4  as authorized by the Legislature for carrying out activities

  5  under this section on public lands. Twenty percent of the

  6  amount credited to the Aquatic Plant Control Trust Fund

  7  pursuant to s. 201.15(6) shall be used for the purpose of

  8  controlling nonnative, upland, invasive plant species on

  9  public lands.

10         Section 29.  Subsection (5) of section 369.307, Florida

11  Statutes, is amended to read:

12         369.307  Developments of regional impact in the Wekiva

13  River Protection Area; land acquisition.--

14         (5)  The Department of Environmental Protection is

15  directed to proceed to negotiate for acquisition of

16  conservation and recreation lands projects within the Wekiva

17  River Protection Area provided that such projects have been

18  deemed qualified under statutory and rule criteria for

19  purchase and have been placed on the priority list for

20  acquisition by the advisory council created in s. 259.035 or

21  its successor.

22         Section 30.  Subsection (5) is added to section

23  373.089, Florida Statutes, to read:

24         373.089  Sale or exchange of lands, or interests or

25  rights in lands.--The governing board of the district may sell

26  lands, or interests or rights in lands, to which the district

27  has acquired title or to which it may hereafter acquire title

28  in the following manner:

29         (5)  Any lands the title to which is vested in the

30  governing board of a water management district may be

31


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  1  surplused pursuant to the procedures set forth in this section

  2  and s. 373.056 and the following:

  3         (a)  For those lands designated as acquired for

  4  conservation purposes, the governing board shall make a

  5  determination that the lands are no longer needed for

  6  conservation purposes and may dispose of them by a two-thirds

  7  vote.

  8         (b)  For all other lands, the governing board shall

  9  make a determination that such lands are no longer needed and

10  may dispose of them by majority vote.

11         (c)  For the purposes of this subsection, all lands for

12  which title has vested in the governing board prior to July 1,

13  1999, shall be deemed to have been acquired for conservation

14  purposes.

15         (d)  For any lands acquired on or after July 1, 1999,

16  for which title is vested in the governing board, the

17  governing board shall determine which parcels shall be

18  designated as having been acquired for conservation purposes.

19         Section 31.  Section 373.139, Florida Statutes, is

20  amended to read:

21         373.139  Acquisition of real property.--

22         (1)  The Legislature declares it to be necessary for

23  the public health and welfare that water and water-related

24  resources be conserved and protected.  The acquisition of real

25  property for this objective shall constitute a public purpose

26  for which public funds may be expended.

27         (2)(a)  The governing board of the district is

28  empowered and authorized to acquire in fee or less than fee

29  title to real property, and easements therein, by purchase,

30  gift, devise, lease, eminent domain, or otherwise for flood

31  control, water storage, water management, aquifer recharge,


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  1  water resource and water supply development, and preservation

  2  of wetlands, streams, and lakes., except that Eminent domain

  3  powers may be used only for acquiring real property for flood

  4  control and water storage or for curing title defects or

  5  encumbrances to real property to be acquired from a willing

  6  seller.

  7         (b)  For the purpose of introducing water into, or

  8  drawing water from, the underlying aquifer for storage or

  9  supply, the governing board is authorized to hold, control,

10  and acquire by donation, lease, or purchase any land, public

11  or private.

12         (3)(a)  No acquisition of lands shall occur without a

13  public hearing similar to those held pursuant to the

14  provisions set forth in s. 120.54.

15         (b)  Title information, appraisal reports, offers, and

16  counteroffers are confidential and exempt from the provisions

17  of s. 119.07(1) until an option contract is executed or, if no

18  option contract is executed, until 30 days before a contract

19  or agreement for purchase is considered for approval by the

20  governing board.  However, each district may, at its

21  discretion, disclose appraisal reports to private landowners

22  during negotiations for acquisitions using alternatives to fee

23  simple techniques, if the district determines that disclosure

24  of such reports will bring the proposed acquisition to

25  closure. In the event that negotiation is terminated by the

26  district, the title information, appraisal report, offers, and

27  counteroffers shall become available pursuant to s. 119.07(1).

28  Notwithstanding the provisions of this section and s. 259.041,

29  a district and the Division of State Lands may share and

30  disclose title information, appraisal reports, appraisal

31  information, offers, and counteroffers when joint acquisition


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  1  of property is contemplated. A district and the Division of

  2  State Lands shall maintain the confidentiality of such title

  3  information, appraisal reports, appraisal information, offers,

  4  and counteroffers in conformance with this section and s.

  5  259.041, except in those cases in which a district and the

  6  division have exercised discretion to disclose such

  7  information.

  8         (c)  The Secretary of Environmental Protection shall

  9  release moneys from the appropriate account or trust fund to a

10  district for preacquisition costs within 30 days after receipt

11  of a resolution adopted by the district's governing board

12  which identifies and justifies any such preacquisition costs

13  necessary for the purchase of any lands listed in the

14  district's 5-year workplan.  The district shall return to the

15  department any funds not used for the purposes stated in the

16  resolution, and the department shall deposit the unused funds

17  into the appropriate account or trust fund.

18         (d)  The Secretary of Environmental Protection shall

19  release acquisition moneys from the appropriate account or

20  trust fund to a district following receipt of a resolution

21  adopted by the governing board identifying the lands being

22  acquired and certifying that such acquisition is consistent

23  with the 5-year workplan of acquisition and other provisions

24  of this section.  The governing board also shall provide to

25  the Secretary of Environmental Protection a copy of all

26  certified appraisals used to determine the value of the land

27  to be purchased.  Each parcel to be acquired must have at

28  least one appraisal.  Two appraisals are required when the

29  estimated value of the parcel exceeds $500,000.  However, when

30  both appraisals exceed $500,000 and differ significantly, a

31  third appraisal may be obtained.  If the purchase price is


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  1  greater than the appraisal price, the governing board shall

  2  submit written justification for the increased price.  The

  3  Secretary of Environmental Protection may withhold moneys for

  4  any purchase that is not consistent with the 5-year plan or

  5  the intent of this section or that is in excess of appraised

  6  value.  The governing board may appeal any denial to the Land

  7  and Water Adjudicatory Commission pursuant to s. 373.114. 

  8         (4)  The governing board of the district may purchase

  9  tax certificates or tax deeds issued in accordance with

10  chapter 197 relating to property eligible for purchase under

11  this section.

12         (5)  Lands acquired for the purposes enumerated in

13  subsection (2) may also be used for recreational purposes, and

14  whenever practicable such lands shall be open to the general

15  public for recreational uses. Except when prohibited by a

16  covenant or condition described in s. 373.056(2), lands owned,

17  managed, and controlled by the district may be used for

18  multiple purposes, including, but not limited to, agriculture,

19  silviculture, and water supply, as well as boating and other

20  recreational uses.

21         (6)  For the purpose of introducing water into, or

22  drawing water from, the underlying aquifer for storage or

23  supply, the governing board is authorized to hold, control,

24  and acquire by donation, lease, or purchase any land, public

25  or private.

26         (5)(7)  This section shall not limit the exercise of

27  similar powers delegated by statute to any state or local

28  governmental agency or other person.

29         (6)  A district may dispose of land acquired under this

30  section pursuant to s. 373.056 or s. 373.089.  However, no

31  such disposition of land shall be made if it would have the


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  1  effect of causing all or any portion of the interest on any

  2  revenue bonds issued pursuant to s. 259.101 or s. 259.105 to

  3  fund the acquisition programs detailed in this section to lose

  4  the exclusion from gross income for purposes of federal income

  5  taxation.  Revenue derived from such disposition may not be

  6  used for any purpose except the purchase of other lands

  7  meeting the criteria specified in this section or payment of

  8  debt service on revenue bonds or notes issued under s.

  9  373.584.

10         (7)  The districts have the authority to promulgate

11  rules that include the specific process by which land is

12  acquired; the selection and retention of outside appraisers,

13  surveyors, and acquisition agents; and public

14  notification.  Rules adopted pursuant to this subsection shall

15  be submitted to the President of the Senate and the Speaker of

16  the House of Representatives, for review by the Legislature,

17  no later than 30 days prior to the 2001 Regular Session and

18  shall become effective only after legislative review. In its

19  review, the Legislature may reject, modify, or take no action

20  relative to such rules.  The districts shall conform such

21  rules to changes made by the Legislature, or, if no action was

22  taken by the Legislature, such rules shall become effective.

23         Section 32.  Section 373.1391, Florida Statutes, is

24  created to read:

25         373.1391--Management of Real Property.

26         (1)(a)  Lands titled to the governing boards of the

27  districts shall be managed and maintained, to the extent

28  practicable, in such a way as to ensure a balance between

29  public access, general public recreational purposes, and

30  restoration and protection of their natural state and

31  condition.  Except when prohibited by a covenant or condition


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                                    CS/CS/HB 2021, First Engrossed



  1  described in s. 373.056(2), lands owned, managed, and

  2  controlled by the district may be used for multiple purposes,

  3  including, but not limited to, agriculture, silviculture, and

  4  water supply, as well as boating and other recreational uses.

  5         (b)  Whenever practicable such lands shall be open to

  6  the general public for recreational uses.  General public

  7  recreational purposes shall include, but not be limited to,

  8  fishing, hunting, horseback riding, swimming, camping, hiking,

  9  canoeing, boating, diving, birding, sailing, jogging, and

10  other related outdoor activities to the maximum extent

11  possible considering the environmental sensitivity and

12  suitability of those lands.  These public lands shall be

13  evaluated for their resource value for the purpose of

14  establishing which parcels, in whole or in part, annually or

15  seasonally, would be conducive to general public recreational

16  purposes.  Such findings shall be included in management plans

17  which are developed for such public lands.  These lands shall

18  be made available to the public for theses purposes, unless

19  the district governing board can demonstrate that such

20  activities would be incompatible with the purposes for which

21  these lands were acquired.

22         (c)  For any fee simple acquisition of a parcel which

23  is or will be leased back for agricultural purposes, or for

24  any acquisition of a less-than-fee interest in lands that is

25  or will be used for agricultural purposes, the district

26  governing board shall first consider having a soil and water

27  conservation district created pursuant to chapter 582 manage

28  and monitor such interest.

29         (2)  interests in real property acquired by the

30  districts under this section with funds other than those

31  appropriated under the Stewardship Florida Act, may be used


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                                    CS/CS/HB 2021, First Engrossed



  1  for permittable water resource development and water supply

  2  development purposes under the following conditions:  the

  3  minimum flows and levels of priority water bodies on such

  4  lands have been established; the project complies with all

  5  conditions for issuance of a permit under part II of this

  6  chapter; and the project is compatible with the purposes for

  7  which the land was acquired.

  8         (3)  Each district is encouraged to use volunteers to

  9  provide land management and other services.  Volunteers shall

10  be covered by liability protection and workers' compensation

11  in the same manner as district employees, unless waived in

12  writing by such volunteers or unless such volunteers otherwise

13  provide equivalent insurance.

14         (4)  Each water management district is authorized and

15  encouraged to enter into cooperative land management

16  agreements with state agencies or local governments to provide

17  for the coordinated and cost-effective management of lands to

18  which the water management districts, the board of trustees of

19  the Internal Improvement Trust Fund, or local governments hold

20  title.  Any such cooperative land management agreement must be

21  consistent with any applicable laws governing land use,

22  management duties, and responsibilities and procedures of each

23  cooperating entity.  Each cooperating entity is authorized to

24  expend such funds as are made available to it for land

25  management on any such lands included in a cooperative land

26  management agreement.

27         (5)  The following additional uses of lands acquired

28  pursuant to the Stewardship Florida program and other

29  state-funded land purchase programs shall be authorized, upon

30  a finding by the governing board, if they meet the criteria

31  specified in paragraphs (a)-(e): water resource development


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                                    CS/CS/HB 2021, First Engrossed



  1  projects, water supply development projects, stormwater

  2  management projects, linear facilities, and sustainable

  3  agriculture and forestry.  Such additional uses are authorized

  4  where:

  5         (a)  Not inconsistent with the management plan for such

  6  lands;

  7         (b)  Compatible with the natural ecosystem and resource

  8  values of such lands;

  9         (c)  The proposed use is appropriately located on such

10  lands and where due consideration is given to the use of other

11  available lands;

12         (d)  The using entity reasonably compensates the

13  titleholder for such use based upon an appropriate measure of

14  value; and

15         (e)  The use provides a significant public interest.  A

16  decision by the governing board pursuant to this subsection

17  shall be given a presumption of correctness.

18

19  Moneys received from the use of state lands pursuant to this

20  subsection shall be returned to the lead managing agency in

21  accordance with the provisions of s. 259.032(11)(d).

22         (6)  The districts have the authority to adopt rules

23  that specify:  allowable activities on district-owned lands;

24  the amount of fees, licenses, or other charges for users of

25  district-owned lands; the application and reimbursement

26  process for payments in lieu of taxes; the use of volunteers

27  for management activities; and the processes related to

28  entering into or severing cooperative land management

29  agreements.  Rules promulgated pursuant to the subsection

30  shall become effective only after submitted to the President

31  of the Senate and Speaker of the House of Representatives for


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                                    CS/CS/HB 2021, First Engrossed



  1  review by the Legislature not later than 30 days prior to the

  2  next regular session.  In its review, the Legislature may

  3  reject, modify, or take no action relative to such rules.  The

  4  districts shall conform such rules to changes made by the

  5  Legislature, or, if no action is taken, such rules shall

  6  become effective.

  7         Section 33.  Section 373.199, Florida Statutes, is

  8  created to read:

  9         373.199  Assistance to Acquisition and Restoration

10  Commission.--

11         (1)  Over the years, the Legislature has created

12  numerous programs and funded several initiatives intended to

13  restore, conserve, protect, and manage Florida's water

14  resources and the lands and ecosystems associated with them.

15  Although these programs and initiatives have yielded

16  individual successes, the overall quality of Florida's water

17  resources continues to degrade; natural systems associated

18  with surface waters continue to be altered or have not been

19  restored to a fully functioning level; and sufficient

20  quantities of water for current and future reasonable

21  beneficial uses and for natural systems remain in doubt.

22         (2)  Therefore, in order to further the goals of the

23  Stewardship Florida Act and to assist the Acquisition and

24  Restoration Commission in evaluating and ranking projects,

25  each water management district shall develop a 5-year workplan

26  that identifies projects that meet the criteria in subsections

27  (3), (4), and (5).  The 5-year workplan shall be sent to the

28  Commission for its consideration in developing a funding

29  priority list pursuant to the Stewardship Florida Act.  EAch

30  district must submit its 5-year workplan by January 1 each

31  year, beginning in 2000.  Nothing herein shall preclude each


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  1  water management districts from using funds other than

  2  Stewardship Florida funds for projects contained in its 5-year

  3  workplan that are not approved for funding under the

  4  Stewardship Florida Act.

  5         (3)  In developing the list, each water management

  6  district shall:

  7         (a)  Integrate its existing surface water improvement

  8  and management plans, Save Our Rivers land acquisition lists,

  9  stormwater management projects, proposed water resource

10  development projects, proposed water body restoration

11  projects, and other properties or activities that would assist

12  in meeting the goals of Stewardship Florida.

13         (b)  Work cooperatively with the applicable ecosystem

14  management area teams and other citizen advisory groups, the

15  Department of Environmental Protection and its district

16  offices, the Department of Agriculture and Consumer Services,

17  the Fish and Wildlife Conservation Commission, the Department

18  of Community Affairs, the Department of Transportation, other

19  state agencies, and federal agencies, where applicable.

20         (4)  The list submitted by the districts shall include,

21  where applicable, the following information for each project:

22         (a)  A description of the water body system, its

23  historical and current uses, and its hydrology; a history of

24  the conditions which have led to the need for restoration or

25  protection; and a synopsis of restoration efforts that have

26  occurred to date, if applicable.

27         (b)  An identification of all governmental units that

28  have jurisdiction over the water body and its drainage basin

29  within the approved surface water improvement and management

30  plan area, including local, regional, state, and federal

31  units.


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  1         (c)  A description of land uses within the project

  2  area's drainage basin, and of important tributaries, point and

  3  nonpoint sources of pollution, and permitted discharge

  4  activities associated with that basin.

  5         (d)  A description of strategies and potential

  6  strategies, including improved stormwater management, for

  7  restoring or protecting the water body to Class III or better

  8  surface water quality status.

  9         (e)  A listing and synopsis of studies that are being

10  or have been prepared for the water body, stormwater

11  management project, or water resource development project.

12         (f)  A description of the measures needed to manage and

13  maintain the water body once it has been restored and to

14  prevent future degradation, to manage and maintain the

15  stormwater management system, or to manage and maintain the

16  water resource development project.

17         (g)  A schedule for restoration and protection of the

18  water body, implementation of the stormwater management

19  project, or development of the water resource development

20  project.

21         (h)  An estimate of the funding needed to carry out the

22  restoration, protection, or improvement project, or the

23  development of new water resources, where applicable, and the

24  projected sources of the funding.

25         (i)  Numeric performance measures for each project.

26  Each performance measure shall include a baseline measurement,

27  which is the current situation; a performance standard, which

28  water management district staff anticipates the project will

29  achieve; and the performance measurement itself, which should

30  reflect the incremental improvements the project accomplishes

31  towards achieving the performance standard.


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  1         (j)  A discussion of permitting and other regulatory

  2  issues related to the project.

  3         (k)  An identification of the proposed public access

  4  for projects with land acquisition components.

  5         (l)  An identification of those lands which require a

  6  full fee simple interest to achieve water management goals and

  7  those lands which can be acquired using alternatives to fee

  8  simple acquisition techniques and still achieve such goals. In

  9  their evaluation of which lands would be appropriate for

10  acquisition through alternatives to fee simple, district staff

11  shall consider criteria including, but not limited to,

12  acquisition costs, the net present value of future land

13  management costs, the net present value of advalorem revenue

14  loss to the local government, and potential for revenue

15  generated from activities compatible with acquisition

16  objectives.

17         (m)  An identification of lands needed to protect or

18  recharge groundwater and a plan for their acquisition as

19  necessary to protect potable water supplies. Lands which serve

20  to protect or recharge groundwater identified pursuant to this

21  paragraph shall also serve to protect other valuable natural

22  resources or provide space for natural resource based

23  recreation.

24         (5)  The list of recommended projects shall indicate

25  the relative significance of each project within the

26  particular water management district's boundaries, and the

27  schedule of activities and sums of money earmarked should

28  reflect those rankings as much as possible over a 5-year

29  planning horizon.

30         (6)  Each district shall remove the property of an

31  unwilling seller from its 5-year workplan at the next


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  1  scheduled update of the plan, if in receipt of a request to do

  2  so by the property owner.

  3         (7)  By January 1 of each year, each district shall

  4  file with the Legislature and the Secretary of Environmental

  5  Protection a report of acquisitions completed during the year

  6  modifications or additions to its 5-year workplan. Included in

  7  the report shall be:

  8         (a)  An identification of lands acquired through the

  9  Florida Watershed Reserve Program, pursuant to s. 259.105(6),

10  and which would comply with the provisions of paragraphs (a)

11  and (b).

12         (b)  A description of land management activity for each

13  property or project area owned by the water management

14  district.

15         (c)  A list of any lands surplused and the amount of

16  compensation received.

17         Section 34.  Subsection (6) of section 373.250, Florida

18  Statutes, is repealed.

19         373.250  Reuse of reclaimed water.--

20         (6)  Each water management district shall submit to the

21  Legislature, by June 1 of each year, an annual report which

22  describes the district's progress in promoting the reuse of

23  reclaimed water. The report shall include, but not be limited

24  to:

25         (a)  The number of permits issued during the year which

26  required reuse of reclaimed water and, by categories, the

27  percentages of reuse required.

28         (b)  The number of permits issued during the year which

29  did not require the reuse of reclaimed water and, of those

30  permits, the number which reasonably could have required

31  reuse.


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  1         (c)  In the second and subsequent annual reports, a

  2  statistical comparison of reuse required through consumptive

  3  use permitting between the current and preceding years.

  4         (d)  A comparison of the volume of reclaimed water

  5  available in the district to the volume of reclaimed water

  6  required to be reused through consumptive use permits.

  7         (e)  A comparison of the volume of reuse of reclaimed

  8  water required in water resource caution areas through

  9  consumptive use permitting to the volume required in other

10  areas in the district through consumptive use permitting.

11         (f)  An explanation of the factors the district

12  considered when determining how much, if any, reuse of

13  reclaimed water to require through consumptive use permitting.

14         (g)  A description of the district's efforts to work in

15  cooperation with local government and private domestic

16  wastewater treatment facilities to increase the reuse of

17  reclaimed water. The districts, in consultation with the

18  department, shall devise a uniform format for the report

19  required by this subsection and for presenting the information

20  provided in the report.

21         Section 35.  Section 373.59, Florida Statutes, 1998

22  Supplement, is amended to read:

23         373.59  Water Management Lands Trust Fund.--

24         (1)  There is established within the Department of

25  Environmental Protection the Water Management Lands Trust Fund

26  to be used as a nonlapsing fund for the purposes of this

27  section. The moneys in this fund are hereby continually

28  appropriated for the purposes of land acquisition, management,

29  maintenance, capital improvements of land titled to the

30  districts, payments in lieu of taxes, debt service on bonds

31  issued prior to July 1, 1999, preacquisition costs associated


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  1  with land purchases, and administration of the fund in

  2  accordance with the provisions of this section to the

  3  department's cost of administration of the fund.  The

  4  department's costs of administration shall be charged

  5  proportionally against each district's allocation using the

  6  formula provided in subsection (8).  Capital improvements

  7  shall include, but need not be limited to, perimeter fencing,

  8  signs, firelanes, control of invasive exotic species,

  9  controlled burning, habitat inventory and restoration, law

10  enforcement, access roads, and trails, and minimal public

11  accommodations, such as primitive campsites, garbage

12  receptacles, and toilets.

13         (2)(a)  Until the Preservation 2000 Program is

14  concluded, By January 15 of each year, each district shall

15  file with the Legislature and the Secretary of Environmental

16  Protection a report of acquisition activity, by January 15 of

17  each year together with modifications or additions to its

18  5-year plan of acquisition.  Included in the report shall be

19  an identification of those lands which require a full fee

20  simple interest to achieve water management goals and those

21  lands which can be acquired using alternatives to fee simple

22  acquisition techniques and still achieve such goals.  In their

23  evaluation of which lands would be appropriate for acquisition

24  through alternatives to fee simple, district staff shall

25  consider criteria including, but not limited to, acquisition

26  costs, the net present value of future land management costs,

27  the net present value of ad valorem revenue loss to the local

28  government, and the potential for revenue generated from

29  activities compatible with acquisition objectives. The report

30  shall also include a description of land management activity.

31  Expenditure of moneys from the Water Management Lands Trust


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                                    CS/CS/HB 2021, First Engrossed



  1  Fund shall be limited to the costs for acquisition,

  2  management, maintenance, and capital improvements of lands

  3  included within the 5-year plan as filed by each district and

  4  to the department's costs of administration of the fund. The

  5  department's costs of administration shall be charged

  6  proportionally against each district's allocation using the

  7  formula provided in subsection (7). However, no acquisition of

  8  lands shall occur without a public hearing similar to those

  9  held pursuant to the provisions set forth in s. 120.54. In the

10  annual update of its 5-year plan for acquisition, each

11  district shall identify lands needed to protect or recharge

12  groundwater and shall establish a plan for their acquisition

13  as necessary to protect potable water supplies. Lands which

14  serve to protect or recharge groundwater identified pursuant

15  to this paragraph shall also serve to protect other valuable

16  natural resources or provide space for natural resource based

17  recreation. Once all Preservation 2000 funds allocated to the

18  water management districts have been expended or committed,

19  this subsection shall be repealed.

20         (3)  Each district shall remove the property of an

21  unwilling seller from its plan of acquisition at the next

22  scheduled update of the plan, if in receipt of a request to do

23  so by the property owner. This subsection shall be repealed at

24  the conclusion of the Preservation 2000 program.

25         (4)(a)  Moneys from the Water Management Lands Trust

26  Fund shall be used for acquiring the fee or other interest in

27  lands necessary for water management, water supply, and the

28  conservation and protection of water resources, except that

29  such moneys shall not be used for the acquisition of

30  rights-of-way for canals or pipelines.  Such moneys shall also

31  be used for management, maintenance, and capital improvements.


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  1  Interests in real property acquired by the districts under

  2  this section may be used for permittable water resource

  3  development and water supply development purposes under the

  4  following conditions: the minimum flows and levels of priority

  5  water bodies on such lands have been established; the project

  6  complies with all conditions for issuance of a permit under

  7  part II of this chapter; and the project is compatible with

  8  the purposes for which the land was acquired.  Lands acquired

  9  with moneys from the fund shall be managed and maintained in

10  an environmentally acceptable manner and, to the extent

11  practicable, in such a way as to restore and protect their

12  natural state and condition.

13         (4)(b)  The Secretary of Environmental Protection shall

14  release moneys from the Water Management Lands Trust Fund to a

15  district for preacquisition costs within 30 days after receipt

16  of a resolution adopted by the district's governing board

17  which identifies and justifies any such preacquisition costs

18  necessary for the purchase of any lands listed in the

19  district's 5-year plan. The district shall return to the

20  department any funds not used for the purposes stated in the

21  resolution, and the department shall deposit the unused funds

22  into the Water Management Lands Trust Fund.

23         (c)  The Secretary of Environmental Protection shall

24  release acquisition moneys from the Water Management Lands

25  Trust Fund to a district following receipt of a resolution

26  adopted by the governing board identifying the lands being

27  acquired and certifying that such acquisition is consistent

28  with the plan of acquisition and other provisions of this act.

29  The governing board shall also provide to the Secretary of

30  Environmental Protection a copy of all certified appraisals

31  used to determine the value of the land to be purchased. Each


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  1  parcel to be acquired must have at least one appraisal. Two

  2  appraisals are required when the estimated value of the parcel

  3  exceeds $500,000. However, when both appraisals exceed

  4  $500,000 and differ significantly, a third appraisal may be

  5  obtained. If the purchase price is greater than the appraisal

  6  price, the governing board shall submit written justification

  7  for the increased price. The Secretary of Environmental

  8  Protection may withhold moneys for any purchase that is not

  9  consistent with the 5-year plan or the intent of this act or

10  that is in excess of appraised value. The governing board may

11  appeal any denial to the Land and Water Adjudicatory

12  Commission pursuant to s. 373.114.

13         (5)(d)  The Secretary of Environmental Protection shall

14  release to the districts moneys for management, maintenance,

15  and capital improvements following receipt of a resolution and

16  request adopted by the governing board which specifies the

17  designated managing agency, specific management activities,

18  public use, estimated annual operating costs, and other

19  acceptable documentation to justify release of moneys.

20         (5)  Water management land acquisition costs shall

21  include payments to owners and costs and fees associated with

22  such acquisition.

23         (6)(6)  If a district issues revenue bonds or notes

24  under s. 373.584 prior to July 1, 1999, the district may

25  pledge its share of the moneys in the Water Management Lands

26  Trust Fund as security for such bonds or notes. The Department

27  of Environmental Protection shall pay moneys from the trust

28  fund to a district or its designee sufficient to pay the debt

29  service, as it becomes due, on the outstanding bonds and notes

30  of the district; however, such payments shall not exceed the

31  district's cumulative portion of the trust fund. However, any


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  1  moneys remaining after payment of the amount due on the debt

  2  service shall be released to the district pursuant to

  3  subsection (4) (3).

  4         (7)(7)  Any unused portion of a district's share of the

  5  fund shall accumulate in the trust fund to the credit of that

  6  district.  Interest earned on such portion shall also

  7  accumulate to the credit of that district to be used for land

  8  acquisition, management, maintenance, and capital improvements

  9  as provided in this section.  The total moneys over the life

10  of the fund available to any district under this section shall

11  not be reduced except by resolution of the district governing

12  board stating that the need for the moneys no longer exists.

13  Any water management district with fund balances in the Water

14  Management Lands Trust Fund as of March 1, 1999, may expend

15  those funds for land acquisitions pursuant to s. 373.139, or

16  for the purpose specified in this subsection.

17         (8)  Moneys from the Water Management Lands Trust Fund

18  shall be allocated to the five water management districts in

19  the following percentages:

20         (a)  Thirty percent to the South Florida Water

21  Management District.

22         (b)  Twenty-five percent to the Southwest Florida Water

23  Management District.

24         (c)  Twenty-five percent to the St. Johns River Water

25  Management District.

26         (d)  Ten percent to the Suwannee River Water Management

27  District.

28         (e)  Ten percent to the Northwest Florida Water

29  Management District.

30         (9)  Each district may use its allocation under

31  subsection (8) for management, maintenance, and capital


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  1  improvements. Capital improvements shall include, but need not

  2  be limited to, perimeter fencing, signs, firelanes, control of

  3  invasive exotic species, controlled burning, habitat inventory

  4  and restoration, law enforcement, access roads and trails, and

  5  minimal public accommodations, such as primitive campsites,

  6  garbage receptacles, and toilets.

  7         (10)(10)  Moneys in the fund not needed to meet current

  8  obligations incurred under this section shall be transferred

  9  to the State Board of Administration, to the credit of the

10  fund, to be invested in the manner provided by law.  Interest

11  received on such investments shall be credited to the fund.

12         (11)  Lands acquired for the purposes enumerated in

13  this section shall also be used for general public

14  recreational purposes.  General public recreational purposes

15  shall include, but not be limited to, fishing, hunting,

16  horseback riding, swimming, camping, hiking, canoeing,

17  boating, diving, birding, sailing, jogging, and other related

18  outdoor activities to the maximum extent possible considering

19  the environmental sensitivity and suitability of those lands.

20  These public lands shall be evaluated for their resource value

21  for the purpose of establishing which parcels, in whole or in

22  part, annually or seasonally, would be conducive to general

23  public recreational purposes. Such findings shall be included

24  in management plans which are developed for such public lands.

25  These lands shall be made available to the public for these

26  purposes, unless the district governing board can demonstrate

27  that such activities would be incompatible with the purposes

28  for which these lands were acquired. For any fee simple

29  acquisition of a parcel which is or will be leased back for

30  agricultural purposes, or for any acquisition of a

31  less-than-fee interest in land that is or will be used for


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  1  agricultural purposes, the district governing board shall

  2  first consider having a soil and water conservation district

  3  created pursuant to chapter 582 manage and monitor such

  4  interest.

  5         (10)(a)  Beginning July 1, 1999, not more than

  6  one-fourth of the land management funds provided for in

  7  subsections (1) and (7) in any year shall be reserved annually

  8  by a governing board, during the development of its annual

  9  operating budget, for payments in lieu of taxes for all actual

10  tax losses incurred as a result of governing board

11  acquisitions for water management districts under the

12  Stewardship Florida program during any year. Reserved funds

13  not used for payments in lieu of taxes in any year shall

14  revert to the Water Management Lands Trust Fund to be used in

15  accordance with the provisions of this section.

16         (b)  Payment in lieu of taxes shall be available:

17         1.  To all counties that have a population of 150,000

18  or less.  Population levels shall be determined pursuant to s.

19  11.031.

20         2.  To all local governments who are located in

21  eligible counties and whose lands are bought and taken off the

22  tax rolls.

23

24  For the purposes of this subsection, "local government"

25  includes municipalities, the county school board, mosquito

26  control districts, and any other local government entity which

27  levies ad valorem taxes.

28         (c)  If insufficient funds are available in any year to

29  make full payments to all qualifying counties and local

30  governments, such counties and local governments shall receive

31  a pro rata share of the moneys available.


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  1         (d)  The payment amount shall be based on the average

  2  amount of actual taxes paid on the property for the 3 years

  3  preceding acquisition. Applications for payment in lieu of

  4  taxes shall be made no later than January 31 of the year

  5  following acquisition. No payment in lieu of taxes shall be

  6  made for properties which were exempt from ad valorem taxation

  7  for the year immediately preceding acquisition.  If property

  8  that was subject to ad valorem taxation was acquired by a

  9  tax-exempt entity for ultimate conveyance to the state under

10  this chapter, payment in lieu of taxes shall be made for such

11  property based upon the average amount of taxes paid on the

12  property for the 3 years prior to its being removed from the

13  tax rolls. The water management districts shall certify to the

14  Department of Revenue those properties that may be eligible

15  under this provision. Once eligibility has been established,

16  that governmental entity shall receive 10 consecutive annual

17  payments, and no further eligibility determination shall be

18  made during that period.

19         (e)  Payment in lieu of taxes pursuant to this

20  subsection shall be made annually to qualifying counties and

21  local governments after certification by the Department of

22  Revenue that the amounts applied for are reasonably

23  appropriate, based on the amount of actual taxes paid on the

24  eligible property, and after the water management districts

25  have provided supporting documents to the Comptroller and have

26  requested that payment be made in accordance with the

27  requirements of this section.

28         (f)  If a water management district conveys to a county

29  or local government title to any land owned by the district,

30  any payments in lieu of taxes on the land made to the county

31


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  1  or local government shall be discontinued as of the date of

  2  the conveyance.

  3         (12)  A district may dispose of land acquired under

  4  this section, pursuant to s. 373.056 or s. 373.089.  However,

  5  revenue derived from such disposal may not be used for any

  6  purpose except the purchase of other lands meeting the

  7  criteria specified in this section or payment of debt service

  8  on revenue bonds or notes issued under s. 373.584, as provided

  9  in this section.

10         (13)  No moneys generated pursuant to this act may be

11  applied or expended subsequent to July 1, 1985, to reimburse

12  any district for prior expenditures for land acquisition from

13  ad valorem taxes or other funds other than its share of the

14  funds provided herein or to refund or refinance outstanding

15  debt payable solely from ad valorem taxes or other funds other

16  than its share of the funds provided herein.

17         (14)(a)  Beginning in fiscal year 1992-1993, not more

18  than one-fourth of the land management funds provided for in

19  subsections (1) and (9) in any year shall be reserved annually

20  by a governing board, during the development of its annual

21  operating budget, for payment in lieu of taxes to qualifying

22  counties for actual ad valorem tax losses incurred as a result

23  of lands purchased with funds allocated pursuant to s.

24  259.101(3)(b). In addition, the Northwest Florida Water

25  Management District, the South Florida Water Management

26  District, the Southwest Florida Water Management District, the

27  St. Johns River Water Management District, and the Suwannee

28  River Water Management District shall pay to qualifying

29  counties payments in lieu of taxes for district lands acquired

30  with funds allocated pursuant to subsection (8). Reserved

31  funds that are not used for payment in lieu of taxes in any


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  1  year shall revert to the fund to be used for management

  2  purposes or land acquisition in accordance with this section.

  3         (b)  Payment in lieu of taxes shall be available to

  4  counties for each year in which the levy of ad valorem tax is

  5  at least 8.25 mills or the amount of the tax loss from all

  6  completed Preservation 2000 acquisitions in the county exceeds

  7  0.01 percent of the county's total taxable value, and the

  8  population is 75,000 or less and to counties with a population

  9  of less than 100,000 which contain all or a portion of an area

10  of critical state concern designated pursuant to chapter 380.

11         (c)  If insufficient funds are available in any year to

12  make full payments to all qualifying counties, such counties

13  shall receive a pro rata share of the moneys available.

14         (d)  The payment amount shall be based on the average

15  amount of actual taxes paid on the property for the 3 years

16  immediately preceding acquisition. For lands purchased prior

17  to July 1, 1992, applications for payment in lieu of taxes

18  shall be made to the districts by January 1, 1993. For lands

19  purchased after July 1, 1992, 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.  Payment in

24  lieu of taxes shall be limited to a period of 10 consecutive

25  years of annual payments.

26         (e)  Payment in lieu of taxes shall be made within 30

27  days after: certification by the Department of Revenue that

28  the amounts applied for are appropriate, certification by the

29  Department of Environmental Protection that funds are

30  available, and completion of any fund transfers to the

31  district. The governing board may reduce the amount of a


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                                    CS/CS/HB 2021, First Engrossed



  1  payment in lieu of taxes to any county by the amount of other

  2  payments, grants, or in-kind services provided to that county

  3  by the district during the year. The amount of any reduction

  4  in payments shall remain in the Water Management Lands Trust

  5  Fund for purposes provided by law.

  6         (f)  If a district governing board conveys to a local

  7  government title to any land owned by the board, any payments

  8  in lieu of taxes on the land made to the local government

  9  shall be discontinued as of the date of the conveyance.

10         (15)  Each district is encouraged to use volunteers to

11  provide land management and other services.  Volunteers shall

12  be covered by liability protection and workers' compensation

13  in the same manner as district employees, unless waived in

14  writing by such volunteers or unless such volunteers otherwise

15  provide equivalent insurance.

16         (16)  Each water management district is authorized and

17  encouraged to enter into cooperative land management

18  agreements with state agencies or local governments to provide

19  for the coordinated and cost-effective management of lands to

20  which the water management districts, the Board of Trustees of

21  the Internal Improvement Trust Fund, or local governments hold

22  title. Any such cooperative land management agreement must be

23  consistent with any applicable laws governing land use,

24  management duties, and responsibilities and procedures of each

25  cooperating entity. Each cooperating entity is authorized to

26  expend such funds as are made available to it for land

27  management on any such lands included in a cooperative land

28  management agreement.

29         (11)(17)  Notwithstanding any provision of this section

30  to the contrary and for the 1998-1999 fiscal year only, the

31  governing board of a water management district may request,


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  1  and the Secretary of Environmental Protection shall release

  2  upon such request, moneys allocated to the districts pursuant

  3  to subsection (7) (8) for the purpose of carrying out the

  4  provisions of ss. 373.451-373.4595. No funds may be used

  5  pursuant to this subsection until necessary debt service

  6  obligations and requirements for payments in lieu of taxes

  7  that may be required pursuant to this section are provided

  8  for. This subsection is repealed on July 1, 1999.

  9         Section 36.  Section 375.075, Florida Statutes, is

10  amended to read:

11         375.075  Outdoor recreation; financial assistance to

12  local governments.--

13         (1)  The Department of Environmental Protection is

14  authorized, pursuant to s. 370.023, to establish the Florida

15  Recreation Development Assistance Program to provide grants to

16  qualified local governmental entities to acquire or develop

17  land for public outdoor recreation purposes. To the extent not

18  needed for debt service on bonds issued pursuant to s.

19  375.051, each fiscal year through fiscal year 2000-2001, the

20  department shall develop and plan a program which shall be

21  based upon funding of not less than 5 percent of the money

22  credited to the Land Acquisition Trust Fund pursuant to s.

23  201.15(2) and (3) in that year. Beginning fiscal year

24  2001-2002, the department shall develop and plan a program

25  which shall be based upon funding provided from the

26  Stewardship Florida Trust Fund pursuant to s. 259.105(3)(h).

27         (2)(a)  The department shall adopt, by rule, procedures

28  to govern the program, which shall include, but need not be

29  limited to, a competitive project selection process designed

30  to maximize the outdoor recreation benefit to the public.

31         (b)  Selection criteria shall, at a minimum, rank:


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  1         1.  The extent to which the project would implement the

  2  outdoor recreation goals, objectives, and priorities specified

  3  in the state comprehensive outdoor recreation plan; and

  4         2.  The extent to which the project would provide for

  5  priority resource or facility needs in the region as specified

  6  in the state comprehensive outdoor recreation plan.

  7         (c)  No release of funds from the Land Acquisition

  8  Trust Fund, or from the Stewardship Florida Trust Fund

  9  beginning in fiscal year 2001-2002, for this program may be

10  made for these public recreation projects until the projects

11  have been selected through the competitive selection process

12  provided for in this section.

13         (3)  A local government may submit up to two grant

14  applications during each application period announced by the

15  department.  However, a local government may not have more

16  than three active projects expending grant funds during any

17  state fiscal year.  The maximum project grant for each project

18  application may not exceed $200,000 in state funds.

19         Section 37.  Subsection (13) of section 380.0666,

20  Florida Statutes, is amended to read:

21         380.0666  Powers of land authority.--The land authority

22  shall have all the powers necessary or convenient to carry out

23  and effectuate the purposes and provisions of this act,

24  including the following powers, which are in addition to all

25  other powers granted by other provisions of this act:

26         (13)  To identify parcels of land within the area or

27  areas of critical state concern that would be appropriate

28  acquisitions by the state from the Conservation and

29  Recreational Lands Trust Fund and recommend such acquisitions

30  to the advisory council established pursuant to s. 259.035 or

31  its successor.


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  1         Section 38.  Subsection (4) of section 380.22, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         380.22  Lead agency authority and duties.--

  4         (4)  The department shall establish a county-based

  5  process for identifying, and setting priorities for acquiring,

  6  coastal properties in coordination with the Land Acquisition

  7  and Management Advisory Council, or its successor, and the

  8  Coastal Resources Interagency Management Committee so these

  9  properties may be acquired as part of the state's land

10  acquisition programs.  This process shall include the

11  establishment of criteria for prioritizing coastal

12  acquisitions which, in addition to recognizing pristine

13  coastal properties and coastal properties of significant or

14  important environmental sensitivity, recognize hazard

15  mitigation, beach access, beach management, urban recreation,

16  and other policies necessary for effective coastal management.

17         Section 39.  Section 380.503, Florida Statutes, is

18  amended to read:

19         380.503  Definitions.--As used in ss. 380.501-380.515,

20  unless the context indicates a different meaning or intent:

21         (1)(4)  "Comprehensive plan" means a plan that meets

22  the requirements of ss. 163.3177, 163.3178, and 163.3191.

23         (2)(13)  "Department" means the Department of Community

24  Affairs.

25         (3)(2)  "Local government" means a county or

26  municipality.

27         (4)  "Metropolitan" means a population area consisting

28  of a central city with adjacent cities and smaller surrounding

29  communities: a major urban area and its environs.

30         (5)(3)  "Nonprofit organization" means any private

31  nonprofit organization, existing under the provisions of s.


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                                    CS/CS/HB 2021, First Engrossed



  1  501(c)(3) of the United States Internal Revenue Code, which

  2  has among its principal goals the conservation of natural

  3  resources or protection of the environment.

  4         (6)(14)  "Program" means a plan that is established or

  5  will be established by a local government to create innovative

  6  approaches that will assist in the implementation of the

  7  conservation, recreation and open space, or coastal management

  8  elements of the local comprehensive plan, such as a transfer

  9  of development rights program or an environmental or

10  recreational land acquisition program.

11         (7)(5)  "Project" means any work on, improvement to, or

12  acquisition of real property, buildings, or any other

13  property.

14         (8)(10)  "Public access project" means action taken

15  pursuant to this part to create or improve public accessways

16  to surface waters.

17         (9)(6)  "Real property" means any interest in land and

18  may also include any appurtenances and improvements to the

19  land.

20         (10)(8)  "Redevelopment project" means action taken

21  pursuant to this part to correct undesirable development

22  patterns.

23         (11)(9)  "Resource enhancement project" means action

24  taken pursuant to this part to restore, as nearly as possible,

25  degraded natural areas to their original condition or to

26  enhance the resource values of a natural area.

27         (12)  "Site reservation" means temporarily acquiring

28  and holding areas identified for public use, then transferring

29  the land to an appropriate state agency, local government, or

30  nonprofit organization for management for public use.

31


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  1         (13)(7)  "Surface waters" means publicly owned waters

  2  upon the surface of the earth, whether contained in bounds

  3  created naturally or artificially or diffused.

  4         (14)(1)  "Trust" means the Florida Communities Trust

  5  created pursuant to this part.

  6         (15)  "Urban area" means an area of or for development

  7  characterized by social, economic, and institutional

  8  activities that are predominantly based on the manufacture,

  9  production, distribution, or provision of goods and services,

10  in a setting that typically includes residential and

11  nonresidential development uses other than those

12  characteristic of rural areas.

13         (16)(15)  "Urban greenways and open space project"

14  means action taken pursuant to this part to acquire lands or

15  interest in lands to create a linear open space protected and

16  managed as part of linked conservation lands or recreational

17  opportunities in an urban area, or to preserve open space or

18  historic sites to enhance recreational and cultural

19  opportunities in an urban area.

20         (17)(11)  "Urban waterfront restoration project" means

21  action taken pursuant to this part to restore deteriorated or

22  deteriorating urban waterfronts for public use and enjoyment.

23         Section 40.  Subsection (1) of section 380.504, Florida

24  Statutes, is amended to read:

25         380.504  Florida Communities Trust; creation;

26  membership; expenses.--

27         (1)  There is created within the Department of

28  Community Affairs a nonregulatory state agency and

29  instrumentality, which shall be a public body corporate and

30  politic, known as the "Florida Communities Trust." The

31  governing body of the trust shall consist of:


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                                    CS/CS/HB 2021, First Engrossed



  1         (a)  The Secretary of Community Affairs and the

  2  Secretary of Environmental Protection; and

  3         (b)  Four Three public members whom the Governor shall

  4  appoint subject to Senate confirmation.

  5

  6  The Governor shall appoint a former elected official of a

  7  county local government, a former elected official of a

  8  metropolitan municipal government, a representative of a

  9  nonprofit organization as defined in this part, and a

10  representative of the development industry. The Secretary of

11  Community Affairs may designate his or her assistant secretary

12  or the director of the Division of Community Resource Planning

13  and Management to serve in his or her absence. The Secretary

14  of Environmental Protection may appoint his or her deputy

15  secretary assistant executive director, the deputy assistant

16  director for Land Resources, the director of the Division of

17  State Lands, or the director of the Division of Recreation and

18  Parks to serve in his or her absence. The Secretary of

19  Community Affairs shall be the chair of the governing body of

20  the trust. The Governor shall make his or her appointments

21  upon the expiration of any current terms or within 60 days

22  after the effective date of the resignation of any member.

23         Section 41.  Section 380.505, Florida Statutes, is

24  amended to read:

25         380.505  Meetings; quorum; voting.--The powers of the

26  trust shall be vested in its governing body members.  The

27  governing body may delegate such powers to department staff as

28  it deems necessary.  Four Three members of the governing body

29  shall constitute a quorum for the purpose of conducting its

30  business and exercising its powers and for all other purposes.

31  However, the governing body may take action only upon an


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  1  affirmative vote of at least four three members.  The

  2  governing body shall meet at least quarterly, and may meet

  3  more often at the call of the chair or upon an affirmative

  4  vote of three members.

  5         Section 42.  Subsections (4) and (11) of section

  6  380.507, Florida Statutes, are amended to read:

  7         380.507  Powers of the trust.--The trust shall have all

  8  the powers necessary or convenient to carry out the purposes

  9  and provisions of this part, including:

10         (4)  To acquire and dispose of real and personal

11  property or any interest therein when necessary or appropriate

12  to protect the natural environment, provide public access or

13  public recreational facilities, preserve wildlife habitat

14  areas, provide access for managing acquired lands, or

15  otherwise carry out the purposes of this part.  If the trust

16  acquires land for permanent state ownership, title to such

17  land shall be vested in the Board of Trustees of the Internal

18  Improvement Trust Fund; otherwise, title to property acquired

19  in partnership with a county or municipality shall vest in the

20  name of the local government. Notwithstanding any other

21  provision of law, the trust may enter into an option agreement

22  to purchase lands included in projects approved according to

23  this part, when necessary to reserve lands during the

24  preparation of project plans and during acquisition

25  proceedings. The consideration for an option shall not exceed

26  $100,000.

27         (11)  To make rules necessary to carry out the purposes

28  of this part and to exercise any power granted in this part,

29  pursuant to the provisions of chapter 120. The trust shall

30  adopt rules governing the acquisition of lands by local

31  governments or the trust using proceeds from the Preservation


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  1  2000 Trust Fund and the Stewardship Florida Trust Fund,

  2  consistent with the intent expressed in the Stewardship

  3  Florida Act. Such rules must include, but are not limited to,

  4  procedures for appraisals and confidentiality consistent with

  5  ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method

  6  of determining a maximum purchase price, and procedures to

  7  assure that the land is acquired in a voluntarily negotiated

  8  transaction, surveyed, conveyed with marketable title, and

  9  examined for hazardous materials contamination. Land

10  acquisition procedures of a local land authority created

11  pursuant to s. 380.0663 or s. 380.0677 may shall be used for

12  the land acquisition programs described by ss. s.

13  259.101(3)(c) and 259.105 if within areas of critical state

14  concern designated pursuant to s. 380.05, subject to approval

15  of the trust.

16         Section 43.  Subsection (7) of section 380.510, Florida

17  Statutes, is amended to read:

18         380.510  Conditions of grants and loans.--

19         (7)  Any funds received by the trust from the

20  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and

21  the Stewardship Florida Trust Fund pursuant to s.

22  259.105(3)(c) shall be held separate and apart from any other

23  funds held by the trust and shall be used only to pay the cost

24  of the acquisition of lands by a local government or the state

25  for the purposes of this part. Such funds may not be used to

26  pay for a redevelopment project or an urban waterfront

27  restoration project or for site reservation except to acquire

28  lands to help implement the goals, objectives, and policies of

29  the coastal, the conservation, or recreation and open space

30  elements of the local comprehensive plan.  In addition to the

31  other conditions set forth in this section, the disbursement


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  1  of Preservation 2000 and Stewardship Florida funds from the

  2  trust shall be subject to the following conditions:

  3         (a)  The administration and use of any funds received

  4  by the trust from the Preservation 2000 Trust Fund and the

  5  Stewardship Florida Trust Fund shall be subject to such terms

  6  and conditions imposed thereon by the agency of the state

  7  responsible for the revenue bonds, the proceeds of which are

  8  deposited in the Preservation 2000 Trust Fund and the

  9  Stewardship Florida Trust Fund, including restrictions imposed

10  to ensure that the interest on any such revenue bonds issued

11  by the state as tax-exempt revenue bonds will not be included

12  in the gross income of the holders of such bonds for federal

13  income tax purposes.

14         (b)  All deeds or leases with respect to any real

15  property acquired with funds received by the trust from the

16  Preservation 2000 Trust Fund shall contain such covenants and

17  restrictions as are sufficient to ensure that the use of such

18  real property at all times complies with s. 375.051 and s. 9,

19  Art. XII of the State Constitution. All deeds or leases with

20  respect to any real property acquired with funds received by

21  the trust from the Stewardship Florida Trust Fund shall

22  contain such covenants and restrictions as are sufficient to

23  ensure that the use of such real property at all times

24  complies with s. 11(e), Art. VII of the State Constitution.

25  Each deed or lease shall contain a reversion, conveyance, or

26  termination clause that will vest title in the Board of

27  Trustees of the Internal Improvement Trust Fund if any of the

28  covenants or restrictions are violated by the titleholder or

29  leaseholder or by some third party with the knowledge of the

30  titleholder or leaseholder.

31


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  1         Section 44.  Effective July 1, 2001, subsections (5)

  2  and (6) of section 420.5092, Florida Statutes, are amended to

  3  read:

  4         420.5092  Florida Affordable Housing Guarantee

  5  Program.--

  6         (5)  Pursuant to s. 16, Art. VII of the State

  7  Constitution, the corporation may issue, in accordance with s.

  8  420.509, revenue bonds of the corporation to establish the

  9  guarantee fund.  Such revenue bonds shall be primarily payable

10  from and secured by annual debt service reserves, from

11  interest earned on funds on deposit in the guarantee fund,

12  from fees, charges, and reimbursements established by the

13  corporation for the issuance of affordable housing guarantees,

14  and from any other revenue sources received by the corporation

15  and deposited by the corporation into the guarantee fund for

16  the issuance of affordable housing guarantees.  To the extent

17  such primary revenue sources are considered insufficient by

18  the corporation, pursuant to the certification provided in

19  subsection (6), to fully fund the annual debt service reserve,

20  the certified deficiency in such reserve shall be additionally

21  payable from the first proceeds of the documentary stamp tax

22  moneys deposited into the State Housing Trust Fund pursuant to

23  s. 201.15(9)(6)(a) and (10)(7)(a) during the ensuing state

24  fiscal year.

25         (6)(a)  If the primary revenue sources to be used for

26  repayment of revenue bonds used to establish the guarantee

27  fund are insufficient for such repayment, the annual principal

28  and interest due on each series of revenue bonds shall be

29  payable from funds in the annual debt service reserve.  The

30  corporation shall, before June 1 of each year, perform a

31  financial audit to determine whether at the end of the state


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  1  fiscal year there will be on deposit in the guarantee fund an

  2  annual debt service reserve from interest earned pursuant to

  3  the investment of the guarantee fund, fees, charges, and

  4  reimbursements received from issued affordable housing

  5  guarantees and other revenue sources available to the

  6  corporation. Based upon the findings in such guarantee fund

  7  financial audit, the corporation shall certify to the

  8  Comptroller the amount of any projected deficiency in the

  9  annual debt service reserve for any series of outstanding

10  bonds as of the end of the state fiscal year and the amount

11  necessary to maintain such annual debt service reserve. Upon

12  receipt of such certification, the Comptroller shall transfer

13  to the annual debt service reserve, from the first available

14  taxes distributed to the State Housing Trust Fund pursuant to

15  s. 201.15(9)(6)(a) and (10)(7)(a) during the ensuing state

16  fiscal year, the amount certified as necessary to maintain the

17  annual debt service reserve.

18         (b)  If the claims payment obligations under affordable

19  housing guarantees from amounts on deposit in the guarantee

20  fund would cause the claims paying rating assigned to the

21  guarantee fund to be less than the third-highest rating

22  classification of any nationally recognized rating service,

23  which classifications being consistent with s. 215.84(3) and

24  rules adopted thereto by the State Board of Administration,

25  the corporation shall certify to the Comptroller the amount of

26  such claims payment obligations. Upon receipt of such

27  certification, the Comptroller shall transfer to the guarantee

28  fund, from the first available taxes distributed to the State

29  Housing Trust Fund pursuant to s. 201.15(9)(6)(a) and

30  (10)(7)(a) during the ensuing state fiscal year, the amount

31  certified as necessary to meet such obligations, such transfer


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  1  to be subordinate to any transfer referenced in paragraph (a)

  2  and not to exceed 50 percent of the amounts distributed to the

  3  State Housing Trust Fund pursuant to s. 201.15(9)(6)(a) and

  4  (10)(7)(a) during the preceding state fiscal year.

  5         Section 45.  Effective July 1, 2001, section 420.9073,

  6  Florida Statutes, 1998 Supplement, is amended to read:

  7         420.9073  Local housing distributions.--

  8         (1)  Distributions calculated in this section shall be

  9  disbursed on a monthly basis by the agency beginning the first

10  day of the month after program approval pursuant to s.

11  420.9072.  Each county's share of the funds to be distributed

12  from the portion of the funds in the Local Government Housing

13  Trust Fund received pursuant to s. 201.15(9)(6) shall be

14  calculated by the agency for each fiscal year as follows:

15         (a)  Each county other than a county that has

16  implemented the provisions of chapter 83-220, Laws of Florida,

17  as amended by chapters 84-270, 86-152, and 89-252, Laws of

18  Florida, shall receive the guaranteed amount for each fiscal

19  year.

20         (b)  Each county other than a county that has

21  implemented the provisions of chapter 83-220, Laws of Florida,

22  as amended by chapters 84-270, 86-152, and 89-252, Laws of

23  Florida, may receive an additional share calculated as

24  follows:

25         1.  Multiply each county's percentage of the total

26  state population excluding the population of any county that

27  has implemented the provisions of chapter 83-220, Laws of

28  Florida, as amended by chapters 84-270, 86-152, and 89-252,

29  Laws of Florida, by the total funds to be distributed.

30

31


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  1         2.  If the result in subparagraph 1. is less than the

  2  guaranteed amount as determined in subsection (3), that

  3  county's additional share shall be zero.

  4         3.  For each county in which the result in subparagraph

  5  1. is greater than the guaranteed amount as determined in

  6  subsection (3), the amount calculated in subparagraph 1. shall

  7  be reduced by the guaranteed amount.  The result for each such

  8  county shall be expressed as a percentage of the amounts so

  9  determined for all counties.  Each such county shall receive

10  an additional share equal to such percentage multiplied by the

11  total funds received by the Local Government Housing Trust

12  Fund pursuant to s. 201.15(9)(6) reduced by the guaranteed

13  amount paid to all counties.

14         (2)  Effective July 1, 1995, distributions calculated

15  in this section shall be disbursed on a monthly basis by the

16  agency beginning the first day of the month after program

17  approval pursuant to s. 420.9072.  Each county's share of the

18  funds to be distributed from the portion of the funds in the

19  Local Government Housing Trust Fund received pursuant to s.

20  201.15(10)(7) shall be calculated by the agency for each

21  fiscal year as follows:

22         (a)  Each county shall receive the guaranteed amount

23  for each fiscal year.

24         (b)  Each county may receive an additional share

25  calculated as follows:

26         1.  Multiply each county's percentage of the total

27  state population, by the total funds to be distributed.

28         2.  If the result in subparagraph 1. is less than the

29  guaranteed amount as determined in subsection (3), that

30  county's additional share shall be zero.

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  1         3.  For each county in which the result in subparagraph

  2  1. is greater than the guaranteed amount, the amount

  3  calculated in subparagraph 1. shall be reduced by the

  4  guaranteed amount.  The result for each such county shall be

  5  expressed as a percentage of the amounts so determined for all

  6  counties.  Each such county shall receive an additional share

  7  equal to this percentage multiplied by the total funds

  8  received by the Local Government Housing Trust Fund pursuant

  9  to s. 201.15(10)(7) as reduced by the guaranteed amount paid

10  to all counties.

11         (3)  Calculation of guaranteed amounts:

12         (a)  The guaranteed amount under subsection (1) shall

13  be calculated for each state fiscal year by multiplying

14  $350,000 by a fraction, the numerator of which is the amount

15  of funds distributed to the Local Government Housing Trust

16  Fund pursuant to s. 201.15(9)(6) and the denominator of which

17  is the total amount of funds distributed to the Local

18  Government Housing Trust Fund pursuant to s. 201.15.

19         (b)  The guaranteed amount under subsection (2) shall

20  be calculated for each state fiscal year by multiplying

21  $350,000 by a fraction, the numerator of which is the amount

22  of funds distributed to the Local Government Housing Trust

23  Fund pursuant to s. 201.15(10)(7) and the denominator of which

24  is the total amount of funds distributed to the Local

25  Government Housing Trust Fund pursuant to s. 201.15.

26         (4)  Funds distributed pursuant to this section may not

27  be pledged to pay debt service on any bonds.

28         Section 46.  Section 253.787, Florida Statutes, is

29  repealed.

30

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  1         Section 47.  Effective July 1, 2000, section 259.035,

  2  Florida Statutes, 1998 Supplement, and section 259.07, Florida

  3  Statutes, are repealed.

  4         Section 48.  Effective July 1, 2000, subsection (2) of

  5  section 380.0677, Florida Statutes, is repealed and the power,

  6  duties, functions, and all other activities performed by the

  7  Green Swamp Land Authority are hereby transferred by a Type II

  8  transfer, pursuant to section 20.06, Florida Statutes, to the

  9  Department of Environmental Protection.  All rules of the

10  authority in effect on the effective date of the transfer

11  shall be included in the transfer.  Henceforth, the Green

12  Swamp Land Authority shall mean the Department of

13  Environmental Protection for purposes of section 380.0677,

14  Florida Statutes, and statutes related thereto.

15         Section 49.  Stewardship Florida Study Commission.--

16         (1)(a)  There is hereby created the Stewardship Florida

17  Study Commission, consisting of 9 members. The Governor shall

18  appoint five members and the President of the Senate and the

19  Speaker of the House of Representatives shall each appoint two

20  members. The membership of the commission shall reflect a

21  broad range of interests and expertise related to land

22  restoration, acquisition, and management and shall include,

23  but not be limited to, persons with training in hydrogeology,

24  wildlife biology, engineering, real estate, and forestry

25  management, and persons with substantial expertise

26  representing environmental interests, agricultural and

27  silvicultural interests, outdoor recreational interests, and

28  land development interests.

29         (b)  Each member of the commission may receive per diem

30  and travel expenses, as provided in s. 112.061, Florida

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  1  Statutes, while carrying out the official business of the

  2  commission.

  3         (c)  The commission shall be staffed by an executive

  4  director and other personnel who are appointed by the

  5  commission and who are exempt from part II of chapter 110,

  6  Florida Statutes, relating to the Career Service System.

  7         (d)  The commission shall execute a contract with the

  8  Florida Natural Areas Inventory for the scientific assistance

  9  necessary to fulfill the requirements of subsection (2).

10         (e)  Appointments shall be made by August 15, 1999, and

11  the commission's first meeting shall be held by September 15,

12  1999. The commission shall exist until December 31, 2000. The

13  Governor shall designate, from among the appointees, the chair

14  of the commission.

15         (2)  The Stewardship Florida Study Commission shall:

16         (a)  Provide a report to the Acquisition and

17  Restoration Commission, by September 1, 2000, which meets the

18  following requirements:

19         1.  Establishes specific goals for those identified in

20  s. 259.105(4), Florida Statutes.

21         2.  Provides recommendations expanding or refining the

22  goals identified in s. 259.105(4), Florida Statutes.

23         3.  Provides recommendations for the development and

24  identification of performance measures to be used for

25  analyzing the progress made towards the goals established

26  pursuant to s. 259.105(4), Florida Statutes.

27         4.  Provides recommendations for the process by which

28  projects are to be submitted, reviewed, and approved by the

29  Acquisition and Restoration Commission. The study commission

30  is specifically to examine ways to streamline the process

31  created by the Stewardship Florida Act.


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  1         (b)  The report shall be based on the following:

  2         1.  Comments received during a minimum of four public

  3  hearings, in different areas of the state, held for the

  4  purpose of gathering public input and recommendations.

  5         2.  An evaluation of Florida's existing public land

  6  acquisition programs for conservation, preservation, and

  7  recreational purposes, including those administered by the

  8  water management districts, to determine the extent of

  9  Florida's unmet needs for restoration, acquisition, and

10  management of public lands and water areas and for acquisition

11  of privately owned lands and water areas.

12         3.  Material and data developed by the Florida Natural

13  Areas Inventory concerning Florida's conservation lands.

14         (c)  The commission may make recommendations concerning

15  other aspects of the "Stewardship Florida Act."

16         (3)  There is hereby appropriated the sum of $150,000

17  from the Conservation and Recreation Lands Trust Fund and the

18  sum of $150,000 from the Water Management Lands Trust Fund to

19  the Executive Office of the Governor for fiscal year 1999-2000

20  to fund the expenses of the Stewardship Florida Study

21  Commission.  Of this appropriation the Florida Natural Areas

22  Inventory shall receive no less than $50,000 for the

23  contractural services required under paragraph (1)(d).

24         Section 50.  Except as otherwise provided herein, this

25  act shall take effect July 1, 1999.

26

27

28

29

30

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