House Bill 0653

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    Florida House of Representatives - 1999                 HB 653

        By Representative Logan






  1                      A bill to be entitled

  2         An act relating to the Florida Forever Program;

  3         providing legislative finding and declaration;

  4         creating s. 259.202, F.S.; creating the Florida

  5         Forever Act; providing legislative findings;

  6         providing for the proceeds of bond sales to be

  7         deposited into the Florida Forever Trust Fund;

  8         providing for the distribution and use of

  9         funds; providing project criteria for land

10         acquisition under the Florida Forever Program;

11         providing procedures for determining the

12         priority of projects; restricting the use of

13         funds from the Florida Forever Trust Fund by

14         the Division of Forestry within the Department

15         of Agriculture and Consumer Services;

16         establishing procedures for the disposition of

17         lands; authorizing alternate uses of acquired

18         lands; providing a limitation on alternate

19         uses; encouraging and requiring the use of

20         alternatives to fee simple acquisition of

21         lands; requiring higher priority for a project

22         if matching funds are available; requiring

23         higher priority if the project is priced below

24         appraised value; amending s. 201.15, F.S.;

25         authorizing the use of revenues for the debt

26         service on bonds; revising the distribution of

27         proceeds from the excise tax on documents;

28         amending s. 253.027, F.S.; revising the

29         criteria for expenditures for archaeological

30         property to include lands on the acquisition

31         list for the Florida Forever Program; amending

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  1         s. 253.034, F.S., relating to uses of

  2         state-owned lands; conforming cross references

  3         to changes made by the act; amending s.

  4         259.032, F.S.; conforming a cross reference;

  5         conforming provisions; requiring the adoption

  6         of a management plan within a specified period

  7         after the acquisition of a parcel under the

  8         Florida Forever Program; providing a

  9         restriction on funding for an agency with

10         overdue management plans; providing a formula

11         and funding source for funding management,

12         maintenance, capital improvements, and payments

13         in lieu of taxes; specifying eligible lands;

14         providing for the distribution of funds;

15         revising the criteria and eligibility for

16         payments in lieu of taxes; limiting the total

17         consecutive years of such payments; providing

18         for the deletion of certain property from an

19         acquisition list; deleting obsolete provisions;

20         amending s. 259.035, F.S.; revising procedures

21         for the Land Acquisition and Management

22         Advisory Council to propose projects to be

23         funded from the Florida Forever Trust Fund;

24         providing a cross reference; amending s.

25         338.250, F.S.; providing for certain mitigation

26         funds to be used in coordination with funds

27         from the Florida Forever Trust Fund; amending

28         s. 373.59, F.S.; requiring water management

29         district governing boards to adopt priority

30         lists for certain fixed capital outlay

31         projects; providing a process for releasing

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  1         funds for such projects; deleting provisions

  2         authorizing the use of specified funds for debt

  3         service on bonds issued pursuant to s. 373.584,

  4         F.S.; providing timeframes for required

  5         management plans; revising the criteria and

  6         eligibility for payments in lieu of taxes;

  7         limiting the total consecutive years of such

  8         payments; amending s. 380.504, F.S.; revising

  9         the membership of the Florida Communities Trust

10         within the Department of Community Affairs;

11         amending s. 380.508, F.S.; requiring the

12         governing body of the Florida Communities Trust

13         to adopt by rule criteria for selecting

14         projects to be funded from the Florida Forever

15         Trust Fund; amending ss. 420.5092 and 420.9073,

16         F.S., relating to affordable housing programs;

17         conforming cross references to changes made by

18         the act; repealing s. 373.584, F.S., relating

19         to revenue bonds; providing that the repeal of

20         s. 373.584, F.S., does not impair the validity

21         of certain bonds outstanding on the effective

22         date of the act; providing an effective date.

23

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

25

26         Section 1.  The Legislature finds and declares that:

27         (1)  As Florida has one of the fastest growing

28  populations in the nation and is rapidly urbanizing, a new

29  land conservation and outdoor recreation program must be

30  developed, targeted to those areas of the state where the

31

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  1  majority of Floridians now live and work and will live and

  2  work in the future: Florida's cities and urban areas.

  3         (2)  Urban areas of the state frequently lack adequate

  4  land and facilities for active and passive outdoor

  5  recreational activities, including hiking, bicycling, jogging,

  6  walking, swimming, nature study, canoeing, and other

  7  nonmotorized uses. The Legislature finds that such facilities

  8  would improve the health and welfare of the residents of our

  9  cities and towns and would assist in helping youth avoid

10  becoming involved in unhealthy or criminal activities.

11         Section 2.  Section 259.202, Florida Statutes, is

12  created to read:

13         259.202  Florida Forever Act.--

14         (1)  SHORT TITLE.--This section may be cited as the

15  "Florida Forever Act."

16         (2)  LEGISLATIVE FINDINGS.--The Legislature finds and

17  declares that:

18         (a)  The continued growth in the state's population

19  contributes to degradation of water resources, destruction of

20  wildlife habitats, loss of recreation space, and diminishment

21  of wetlands and forests.

22         (b)  The Preservation 2000 Program provided tremendous

23  financial resources for purchasing environmentally significant

24  lands to protect those lands from imminent development,

25  thereby assuring present and future generations access to

26  important open spaces and recreation and conservation lands.

27         (c)  It is the Legislature's intent to change the focus

28  and direction of the state's major land acquisition programs

29  and to extend funding and bonding capabilities so that future

30  generations may enjoy the natural resources of Florida

31  forever.

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  1         (d)  Although the Florida Forever Program authorizes

  2  the continued purchase of lands and interests in lands of the

  3  type acquired through the Preservation 2000 Program, the

  4  Florida Forever Program will focus on priority needs of the

  5  state for acquiring parcels to facilitate ecosystem

  6  restoration and management, water resource development, the

  7  implementation of surface water improvement and management

  8  plans, and the provision of green space and recreation

  9  opportunities.

10         (3)  DISTRIBUTION OF BOND PROCEEDS.--Proceeds of bonds

11  issued under s. 375.051, less the costs of issuance, the costs

12  of funding reserve accounts, and other costs incurred with

13  respect to the bonds, shall be deposited into the Florida

14  Forever Trust Fund created by s. 375.046. The Department of

15  Environmental Protection shall allocate 25 percent of the bond

16  proceeds for ecosystem restoration projects as determined by

17  the Land Acquisition and Management Advisory Council. The

18  department shall distribute the remaining bond proceeds as

19  follows:

20         (a)  Thirty-five percent to the Department of

21  Environmental Protection for purchasing public lands described

22  in s. 259.032. Priority shall be given to acquisitions that,

23  when combined with previous acquisitions, will form more

24  complete patterns of protection for natural areas and

25  functioning ecosystems. All lands acquired under this

26  paragraph shall be managed pursuant to s. 253.034(1) and may

27  be used for water resource development projects if such

28  projects are not inconsistent with s. 253.034(1). Water supply

29  activities on these lands shall be limited to wellfields,

30  aquifer storage and recovery facilities, and surface water

31  reservoirs. As provided in this paragraph, permittable water

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  1  resource development and water supply development projects may

  2  be allowed only if:  the minimum flows and levels have been

  3  established for those waters potentially affected by the

  4  project; the project complies with all conditions for the

  5  issuance of permits under part II of chapter 373; and the

  6  project is consistent with the regional water supply plan of

  7  the water management district.

  8         (b)  Thirty percent to the Department of Environmental

  9  Protection for water management district projects and

10  activities and for the purchase of water management lands

11  pursuant to s. 373.59, to be distributed among the water

12  management districts as provided in s. 373.59(7). Funds

13  received by each district may also be used for:  acquisition

14  of lands necessary to implement surface water improvement and

15  management plans approved in accordance with s. 373.456 and

16  which exist on July 1, 2000; water resource development; water

17  supply development; or acquisition of lands necessary to

18  implement ecosystem restoration projects. The South Florida

19  Water Management District must use at least 20 percent of its

20  annual allocation for Everglades restoration activities, and

21  the Southwest Florida Water Management District must use at

22  least 20 percent of its annual allocation for water supply

23  development activities as specified in this section.

24         (c)  Twenty-five percent to the Department of Community

25  Affairs for use by the Florida Communities Trust for the

26  purposes of part III of chapter 380, including providing

27  matching grants to local governments and nonprofit

28  organizations as defined in s. 380.503 to assist in the

29  acquisition of community-based urban open spaces, parks, and

30  greenways. Of this 25 percent, 50 percent shall be matched by

31  local governments on a dollar-for-dollar basis. The Florida

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  1  Communities Trust shall give special consideration to funding

  2  projects proposing to provide outdoor recreation opportunities

  3  in low-income or otherwise disadvantaged communities in urban

  4  areas currently lacking adequate recreational and open space

  5  lands. From funds allocated to the trust, no less than 6

  6  percent shall be used for the acquisition of lands for

  7  recreational trail systems, provided that in the event these

  8  funds are not needed for such projects, they shall be

  9  available for other trust projects.

10         (d)  Two and nine-tenths percent to the Fish and

11  Wildlife Conservation Commission for the purchase of

12  inholdings and additions to lands managed by the commission

13  which are important to the conservation of fish and wildlife.

14         (e)  Two and nine-tenths percent to the Department of

15  Environmental Protection for the purchase of inholdings and

16  additions to state parks. As used in this paragraph, the term

17  "state park" means any real property in the state under the

18  jurisdiction, or which may come under the jurisdiction, of the

19  Division of Recreation and Parks of the Department of

20  Environmental Protection.

21         (f)  Two and nine-tenths percent to the Division of

22  Forestry of the Department of Agriculture and Consumer

23  Services to fund the acquisition of state forest inholdings

24  and additions pursuant to s. 589.07.

25         (g)  One and three-tenths percent to the Department of

26  Environmental Protection for the Florida Greenways and Trails

27  Program to acquire greenways and trails or systems of

28  greenways and trails pursuant to chapter 260, including, but

29  not limited to, abandoned railroad rights-of-way and lands for

30  the Florida National Scenic Trail, and to construct associated

31  fixed capital outlay projects.

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  1

  2  Title to lands purchased under paragraphs (a), (d), (e), (f),

  3  and (g) shall be vested in the Board of Trustees of the

  4  Internal Improvement Trust Fund. Lands purchased under

  5  paragraph (c) may be vested in the Board of Trustees of the

  6  Internal Improvement Trust Fund or the acquiring local

  7  government. Lands purchased under paragraph (b) shall be

  8  vested in the water management district where the acquisition

  9  project is located.

10         (4)  PROJECT CRITERIA.--

11         (a)  Proceeds of bonds issued under the Florida Forever

12  Program and distributed pursuant to paragraphs (3)(a) and (b)

13  shall be spent only on projects and acquisitions that meet at

14  least two of the following criteria, as determined pursuant to

15  paragraphs (b) and (c):

16         1.  A significant portion of the land in the project is

17  in imminent danger of being developed, losing significant

18  natural attributes, or being subdivided, which will result in

19  multiple ownership of the land and may make acquisition more

20  costly or less likely to be accomplished.

21         2.  Compelling evidence exists that the land is likely

22  to be developed during the next 12 months, or appraisals made

23  during the past 5 years indicate an escalation in land value

24  at an average rate that exceeds the average rate of interest

25  likely to be paid on the bonds.

26         3.  A significant portion of the land in the project

27  serves to protect or recharge ground water and protects other

28  valuable natural resources or provides space for

29  natural-resource-based recreation.

30         4.  The project can be purchased at 80 percent of

31  appraised value or less.

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  1         5.  A significant portion of the land in the project

  2  serves as habitat for endangered, threatened, or rare species

  3  or serves to protect natural communities that are listed by

  4  the Florida Natural Areas Inventory as critically imperiled,

  5  imperiled, or rare, or as excellent quality occurrences of

  6  natural communities.

  7         6.  A significant portion of the land serves to

  8  preserve important archeological or historical sites.

  9         7.  The acquisition is needed to implement a surface

10  water improvement and management plan in effect on July 1,

11  2000.

12         8.  The project will assist in water resource

13  development.

14         9.  The project will assist in ecosystem restoration.

15         (b)  Each year that bonds are to be issued under the

16  Florida Forever Program, the Land Acquisition and Management

17  Advisory Council shall review that year's approved land

18  acquisition priority list and shall, by the first board

19  meeting in February, present to the Board of Trustees of the

20  Internal Improvement Trust Fund for approval a listing of

21  projects on the priority list which meet two or more of the

22  criteria specified in paragraph (a). The board may remove

23  projects from the list developed pursuant to this paragraph

24  but may not add projects. In any county in which the total ad

25  valorem tax exemptions due to government ownership exceed 37

26  percent of the county's total market value valuation, the

27  board may not approve additional acquisitions except by an

28  extraordinary vote of a majority plus one. The list may be

29  amended to include eligible projects that can be acquired at

30  85 percent of appraised value or less if such properties

31  become available at a later date.

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  1         (c)  Each year that bonds are to be issued under the

  2  Florida Forever Program, each water management district

  3  governing board shall review the lands on its current year's

  4  land acquisition 5-year plan and shall, by January 15, adopt a

  5  listing of projects from the plan which meet two or more of

  6  the criteria specified in paragraph (a). The list may be

  7  amended to include projects that can be acquired at 85 percent

  8  of appraised value or less if such properties become available

  9  at a later date. In any county in which the total ad valorem

10  tax exemptions due to government ownership exceed 37 percent

11  of the county's total market value valuation, the governing

12  board may not approve additional acquisitions except by an

13  extraordinary vote of a majority plus one.

14         (d)  In acquiring any coastal lands, the following

15  additional criteria must be considered:

16         1.  The value of acquiring coastal high-hazard parcels,

17  consistent with hazard mitigation and postdisaster

18  redevelopment policies, in order to minimize the risk to life

19  and property and reduce the need for future disaster

20  assistance.

21         2.  The value of acquiring beachfront parcels,

22  irrespective of size, to provide public access and

23  recreational opportunities in highly developed urban areas.

24         3.  The value of acquiring identified parcels the

25  development of which would adversely affect coastal resources.

26

27  When a nonprofit environmental organization that is tax exempt

28  under s. 501(c)(3) of the United States Internal Revenue Code

29  sells land to the state, such land at the time of the sale

30  shall be deemed to meet two or more of the criteria listed in

31  paragraph (a) if such land meets two or more of the criteria

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  1  at the time the organization purchases it. Listings of

  2  projects compiled pursuant to paragraphs (b) and (c) may be

  3  revised to include projects on the state's land acquisition

  4  priority list or in a water management district's 5-year plan

  5  which come under the criteria in paragraph (a) after the dates

  6  specified in paragraph (b) or paragraph (c).

  7         (e)  The Legislature finds that the Preservation 2000

  8  Program has provided financial resources that have enabled the

  9  acquisition of significant natural areas for public ownership

10  during the program's existence. In implementing the Florida

11  Forever Program, agencies that receive funds are encouraged to

12  coordinate their expenditures more effectively so that future

13  acquisitions, when combined with previous acquisitions, will

14  form more complete patterns of protection for natural areas

15  and functioning ecosystems.

16         (f)  The Legislature intends that, in implementing the

17  Florida Forever Program, agencies emphasize the completion of

18  projects in which one or more parcels have already been

19  acquired and the acquisition of lands that contain ecological

20  resources that are unrepresented or underrepresented on lands

21  currently in public ownership.

22         (g)  An assessment of appropriate management strategies

23  for property acquired under the Florida Forever Program should

24  be completed early in the acquisition process and should

25  emphasize the development of a management prospectus that

26  details management goals for the property, if appropriate; a

27  timetable for implementing the various stages of management

28  and for providing access to the public, if applicable;

29  provisions for protecting existing infrastructure and for

30  ensuring the security of the project upon acquisition; the

31  anticipated costs of management and projected sources of

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  1  revenue; and other information required under s.

  2  259.032(9)(b)1.

  3         (5)  FUNDS RECEIVED BY THE DIVISION OF FORESTRY.--Any

  4  funds received by the Division of Forestry from the Florida

  5  Forever Trust Fund shall be used only to pay the cost of

  6  acquiring lands in furtherance of outdoor recreation and the

  7  conservation of natural resources in this state. The

  8  administration and use of any funds received by the Division

  9  of Forestry from the Florida Forever Trust Fund are subject to

10  the terms and conditions imposed by the state agency

11  responsible for issuing the revenue bonds, the proceeds of

12  which are deposited in the Florida Forever Trust Fund,

13  including the restrictions imposed to ensure that interest on

14  any such revenue bonds issued by the state as tax-exempt

15  revenue bonds will not be included in the gross income of the

16  holders of such bonds for purposes of federal income taxes.

17  All deeds or leases with respect to any real property acquired

18  with funds received by the Division of Forestry from the

19  Florida Forever Trust Fund must contain covenants and

20  restrictions sufficient to ensure that the use of such real

21  property at all times complies with s. 375.051 and s. 11(e),

22  Art. VII or s. 9, Art. XII of the 1968 Constitution of

23  Florida, as amended; and must contain reverter clauses

24  providing for the reversion of title to such property to the

25  Board of Trustees of the Internal Improvement Trust Fund or,

26  in the case of a lease of such property, providing for

27  termination of the lease upon a failure to use the property

28  conveyed thereby for such purposes.

29         (6)  DISPOSITION OF LANDS.--

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

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

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  1  paragraph (3)(f), or paragraph (3)(g) and titled in the name

  2  of the Board of Trustees of the Internal Improvement Trust

  3  Fund may be disposed of by the board in accordance with the

  4  procedures set forth in s. 253.034(6), and lands acquired

  5  pursuant to paragraph (3)(b) may be disposed of by the owning

  6  water management district in accordance with the procedures

  7  set forth in ss. 373.056 and 373.089 if such disposition also

  8  satisfies the requirements of paragraphs (b) and (c).

  9         (b)  Land acquired for conservation purposes may be

10  disposed of only after the Board of Trustees of the Internal

11  Improvement Trust Fund or, in the case of water management

12  district lands, by the owning water management district

13  governing board, makes a determination that preservation of

14  the land is no longer necessary for conservation purposes and

15  only upon a two-thirds vote of the appropriate governing

16  board. Following a determination by the governing board that

17  the land is no longer needed for conservation purposes, the

18  governing board must also make a determination that the land

19  is of no further benefit to the public, as required by s.

20  253.034(6), or determined to be surplus under s. 373.089. Any

21  lands eligible for disposal under these procedures also may be

22  exchanged for other lands described in the same paragraph of

23  subsection (3).

24         (c)  Notwithstanding paragraphs (a) and (b), such

25  disposition of land may not be made if the disposition would

26  have the effect of causing all or any portion of the interest

27  on any revenue bonds issued to fund the Florida Preservation

28  2000 Act or the Florida Forever Act to lose their exclusion

29  from gross income for purposes of federal income taxation. Any

30  revenue derived from the disposal of such lands may not be

31

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  1  used for any purpose except for deposit into the Florida

  2  Forever Trust Fund and used for land acquisition.

  3         (7)  ALTERNATE USES OF ACQUIRED LANDS.--

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

  5  Trust Fund, or, in the case of water management district

  6  lands, the owning water management district, may authorize the

  7  granting of a lease, easement, or license for the use of any

  8  lands acquired pursuant to subsection (3), for any

  9  governmental use permitted by s. 17, Art. IX of the State

10  Constitution of 1885, as adopted by s. 9(a), Art. XII of the

11  State Constitution, and any other incidental public or private

12  use that is determined by the board or the owning water

13  management district to be compatible with the purposes for

14  which such lands were acquired.

15         (b)  Any existing lease, easement, or license acquired

16  for incidental public or private use on, under, or across any

17  lands acquired pursuant to subsection (3) is presumed to be

18  compatible with the purposes for which such lands were

19  acquired.

20         (c)  Notwithstanding paragraph (a), the Department of

21  Environmental Protection, another appropriate state agency, or

22  a water management district may not enter into such lease,

23  easement, or license if the granting of such lease, easement,

24  or license would adversely affect the exclusion of the

25  interest on any revenue bonds issued to fund the acquisition

26  of the affected lands from gross income for federal income tax

27  purposes, as described in s. 375.045(4).

28         (8)  PLAN FOR DISPOSAL AND USE OF LANDS.--The Board of

29  Trustees of the Internal Improvement Trust Fund may adopt a

30  plan for a specific geographic area which authorizes the

31

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  1  disposal and use of lands acquired pursuant to subsection (3)

  2  and which meets the requirements of subsections (6) and (7).

  3         (9)  ALTERNATIVES TO FEE SIMPLE ACQUISITION.--

  4         (a)  The Legislature finds that, with increasing

  5  pressures on the natural areas of this state, the state must

  6  develop creative techniques to maximize the use of acquisition

  7  and management moneys. The Legislature also finds that the

  8  state's environmental land-buying agencies should be

  9  encouraged to augment their traditional, fee simple

10  acquisition programs by using alternatives to fee simple

11  acquisition techniques. The Legislature also finds that using

12  alternatives to fee simple acquisition by public land-buying

13  agencies will achieve the following public policy goals:

14         1.  Allow more lands to be brought under public

15  protection for preservation, conservation, and recreational

16  purposes at less expense using public funds.

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

18  of or interest in lands that are under public protection.

19         3.  Reduce long-term management costs by allowing

20  private property owners to continue acting as stewards of the

21  land, where appropriate.

22

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

24  land-buying agencies develop programs to pursue alternatives

25  to fee simple acquisition and educate private landowners about

26  such alternatives and the benefits of such alternatives. It

27  also is the intent of the Legislature that the department and

28  the water management districts spend a portion of their shares

29  of Florida Forever bond proceeds to purchase eligible

30  properties using alternatives to fee simple acquisition.

31  Finally, it is the intent of the Legislature that public

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  1  agencies acquire lands in fee simple for public access and

  2  recreational activities. Lands protected using alternatives to

  3  fee simple acquisition techniques may not be accessible to the

  4  public unless such access is negotiated with and agreed to by

  5  the private landowners who retain interests in the lands.

  6         (b)  The Land Acquisition and Management Advisory

  7  Council and the water management districts shall identify,

  8  within their acquisition plans, those projects that require a

  9  full fee simple interest to achieve the public policy goals,

10  along with the reasons why full title is determined to be

11  necessary. The council and the water management districts may

12  use alternatives to fee simple acquisition to bring the

13  remaining projects in their acquisition plans under public

14  protection. As used in this subsection, the term "alternatives

15  to fee simple acquisition" includes, but is not limited to:

16  the purchase of development rights; conservation easements;

17  flowage easements; the purchase of timber rights, mineral

18  rights, or hunting rights; the purchase of agricultural

19  interests or silvicultural interests; land protection

20  agreements; fee simple acquisitions with reservations; or any

21  other acquisition technique that achieves the public policy

22  goals listed in paragraph (a). It is presumed that a private

23  landowner retains the full range of uses for all the rights or

24  interests in the landowner's land which are not specifically

25  acquired by the public agency. Life estates and fee simple

26  acquisitions with leaseback provisions do not qualify as an

27  alternative to fee simple acquisition under this subsection,

28  although the department and the districts are encouraged to

29  use such techniques where appropriate.

30         (c)  The Department of Environmental Protection and

31  each water management district shall implement initiatives to

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  1  use alternatives to fee simple acquisition and educate private

  2  landowners about such alternatives. These initiatives must

  3  include at least two acquisitions each year by the department

  4  and each water management district which use alternatives to

  5  fee simple acquisition.

  6         (d)  The Legislature finds that the lack of direct

  7  sales comparison information has served as an impediment to

  8  successfully implementing alternatives to fee simple

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

10  absence of direct comparable sales information, appraisals of

11  alternatives to fee simple acquisitions be based on the

12  difference between the full fee simple valuation and the value

13  of the interests remaining with the seller after acquisition.

14         (e)  The public agency that has been assigned

15  management responsibility shall inspect and monitor any

16  less-than-fee-simple interest according to the terms of the

17  purchase agreement relating to such interest.

18         (10)  PRIORITY IF MATCHING FUNDS ARE

19  AVAILABLE.--Projects that are otherwise eligible for

20  acquisition under this section and for which matching funds

21  from local governments or other sources are available shall be

22  given higher priority.

23         (11)  PRIORITY FOR PROJECTS PRICED BELOW APPRAISED

24  VALUE.--Acquisition projects that are otherwise eligible for

25  acquisition under this section and for which the seller will

26  accept a price below the appraised value shall be given higher

27  priority.

28         Section 3.  Section 201.15, Florida Statutes, 1998

29  Supplement, is amended to read:

30         201.15  Distribution of taxes collected.--All taxes

31  collected under this chapter shall be subject to the service

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  1  charge imposed in s. 215.20(1) and shall be distributed as

  2  follows:

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

  4  the remaining taxes collected under this chapter shall be used

  5  for the following purposes:

  6         (a)  Subject to the maximum amount limitations set

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

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

  9  rebate obligations, or other amounts with respect to bonds

10  issued pursuant to s. 375.051 and payable from moneys

11  transferred to the Land Acquisition Trust Fund pursuant to

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

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

14  purposes. The amount transferred to the Land Acquisition Trust

15  Fund shall not exceed $90 million in fiscal year 1992-1993,

16  $120 million in fiscal year 1993-1994, $150 million in fiscal

17  year 1994-1995, $180 million in fiscal year 1995-1996, $210

18  million in fiscal year 1996-1997, $240 million in fiscal year

19  1997-1998, $270 million in fiscal year 1998-1999, and $300

20  million in fiscal year 1999-2000 and thereafter. No individual

21  series of bonds may be issued pursuant to this paragraph

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

23  specifically appropriated in the General Appropriations Act.

24  No moneys transferred to the Land Acquisition Trust Fund

25  pursuant to this paragraph, or earnings thereon, shall be used

26  or made available to pay debt service on the Save Our Coast

27  revenue bonds.

28         (b)  Subject to the maximum amount limitations set

29  forth in this paragraph, an amount necessary to pay the debt

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

31  obligations, or other amounts with respect to bonds issued

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  1  pursuant to s. 375.051 and s. 11(e), Art. VII or s. 9, Art.

  2  XII of the State Constitution and payable from moneys

  3  transferred to the Florida Forever Trust Fund pursuant to this

  4  paragraph shall be paid into the State Treasury to the credit

  5  of the Florida Forever Trust Fund to be used for such

  6  purposes. The amount transferred to the Florida Forever Trust

  7  Fund may not exceed $40 million in fiscal year 2000-2001, $80

  8  million in fiscal year 2001-2002, $120 million in fiscal year

  9  2002-2003, $160 million in fiscal year 2003-2004, $200 million

10  in fiscal year 2004-2005, $240 million in fiscal year

11  2005-2006, $280 million in fiscal year 2006-2007, $320 million

12  in fiscal year 2007-2008, $360 million in fiscal year

13  2008-2009, and $400 million in fiscal year 2009-2010 and

14  thereafter. An individual series of bonds may not be issued

15  under this paragraph unless the first year's debt service for

16  such bonds is specifically appropriated in the General

17  Appropriations Act. Moneys transferred to the Florida Forever

18  Trust Fund under this paragraph, or earnings thereon, may not

19  be used or made available to pay debt service on the Save Our

20  Coast revenue bonds.

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

22  this subsection, after the required payment under paragraphs

23  paragraph (a) and (b), shall be paid into the State Treasury

24  to the credit of the Land Acquisition Trust Fund and may be

25  used for any purpose for which funds deposited in the Land

26  Acquisition Trust Fund may lawfully be used. Payments made

27  under this paragraph shall continue until the cumulative

28  amount credited to the Land Acquisition Trust Fund for the

29  fiscal year under this paragraph and paragraph (2)(b) equals

30  70 percent of the current official forecast for distributions

31  of taxes collected under this chapter pursuant to subsection

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  1  (2). As used in this paragraph, the term "current official

  2  forecast" means the most recent forecast as determined by the

  3  Revenue Estimating Conference. If the current official

  4  forecast for a fiscal year changes after payments under this

  5  paragraph have ended during that fiscal year, no further

  6  payments are required under this paragraph during the fiscal

  7  year.

  8         (d)(c)  The remainder of the moneys distributed under

  9  this subsection, after the required payments under paragraphs

10  (a), and (b), and (c), shall be paid into the State Treasury

11  to the credit of the General Revenue Fund of the state to be

12  used and expended for the purposes for which the General

13  Revenue Fund was created and exists by law or to the Ecosystem

14  Management and Restoration Trust Fund as provided in

15  subsection (9) (8).

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)(c) (1)(b), available

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

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

23  for the purposes for which the General Revenue Fund was

24  created and exists by law or to the Ecosystem Management and

25  Restoration Trust Fund as provided in subsection (9) (8).

26  Payments made under this paragraph shall continue until the

27  cumulative amount credited to the General Revenue Fund for the

28  fiscal year under this paragraph equals the cumulative

29  payments made under paragraph (1)(c) (1)(b) for the same

30  fiscal year.

31

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

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

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

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

  5  which funds deposited in the Land Acquisition Trust Fund may

  6  lawfully be used.

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

  8  remaining taxes collected under this chapter shall be paid

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

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

11  this section shall be used for the following purposes:

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

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

14  to acquire coastal lands; and

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

16  develop and manage lands acquired with moneys from the Land

17  Acquisition Trust Fund.

18         (4)  Three Five and eighty-four hundredths percent of

19  the remaining taxes collected under this chapter shall be paid

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

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

22  any purpose authorized in s. 373.59.

23         (5)  Three Five and eighty-four hundredths percent of

24  the remaining taxes collected under this chapter shall be paid

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

26  Recreation Lands Trust Fund to carry out the purposes set

27  forth in s. 259.032.

28         (6)  Four percent of the remaining taxes collected

29  under this chapter shall be paid into the State Treasury to

30  the credit of the Surface Water Improvement and Management

31  Trust Fund and shall be used by the water management districts

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  1  for fixed capital outlay projects, including wastewater

  2  treatment and stormwater management facilities, and for

  3  implementing surface water improvement and management plans in

  4  effect on July 1, 2000.

  5         (7)(6)  Seven and fifty-three hundredths percent of the

  6  remaining taxes collected under this chapter shall be paid

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

  8  Trust Fund and shall be used as follows:

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

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

11  by law.

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

13  Treasury to the credit of the Local Government Housing Trust

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

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

16         (8)(7)  Eight and sixty-six hundredths percent of the

17  remaining taxes collected under this chapter shall be paid

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

19  Trust Fund and shall be used as follows:

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

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

22  by the Department of Community Affairs and by the Florida

23  Housing Finance Agency for the purposes for which the State

24  Housing Trust Fund was created and exists by law.

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

26  shall be distributed to the Local Government Housing Trust

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

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

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

30  and local services to assist the homeless.

31

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  1         (9)(8)  From the moneys specified in paragraphs (1)(d)

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

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

  4  Treasury to the credit of the Ecosystem Management and

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

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

  7  2000-2001 and each fiscal year thereafter, to be used for the

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

  9  ss. 161.091-161.212.

10         (10)(9)  The Department of Revenue may use the payments

11  credited to trust funds pursuant to paragraphs (1)(c) (1)(b)

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

13  to pay the costs of the collection and enforcement of the tax

14  levied by this chapter. The percentage of such costs which may

15  be assessed against a trust fund is a ratio, the numerator of

16  which is payments credited to that trust fund under this

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

18  made under paragraphs (1)(c) (1)(b) and (2)(b) and subsections

19  (3), (4), (5), (7) (6), and (8) (7).

20         Section 4.  Paragraph (a) of subsection (5) of

21  subsection 253.027, Florida Statutes, is amended to read:

22         253.027  Emergency archaeological property

23  acquisition.--

24         (5)  ACCOUNT EXPENDITURES.--

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

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

27  survey costs, unless:

28         1.  The property is an archaeological property of major

29  statewide significance.

30

31

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

  2  historic significance, will be irretrievably lost if the state

  3  cannot acquire the property.

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

  5  the Conservation and Recreation Lands or for Florida Forever

  6  lands, acquisition list or complies with the criteria for

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

  8  the list.

  9         4.  No other source of immediate funding is available

10  to purchase or otherwise protect the property.

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

12  state, or federal laws.

13         6.  The acquisition is not inconsistent with the state

14  comprehensive plan and the state land acquisition program.

15         Section 5.  Subsection (3) of section 253.034, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         253.034  State-owned lands; uses.--

18         (3)  In recognition that recreational trails purchased

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

20  259.202(3)(g) have had historic transportation uses and that

21  their linear character may extend many miles, the Legislature

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

23  after balancing the need to protect trail users from

24  collisions with automobiles and a preference for the use of

25  overpasses and underpasses to the greatest extent feasible and

26  practical, transportation uses shall be allowed to cross

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

28  s. 259.202(3)(g). When these crossings are needed, the

29  location and design should consider and mitigate the impact on

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

31  shall be paid based on fair market value.

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  1         Section 6.  Subsection (10), paragraphs (b), (c), and

  2  (f) of subsection (11), and subsections (12), (13), (14),

  3  (15), and (16) of section 259.032, Florida Statutes, 1998

  4  Supplement, are amended to read:

  5         259.032  Conservation and Recreation Lands Trust Fund;

  6  purpose.--

  7         (10)  State, regional, or local governmental agencies

  8  or private entities designated to manage lands under this

  9  section shall develop and adopt, with the approval of the

10  board of trustees, an individual management plan for each

11  project designed to conserve and protect such lands and their

12  associated natural resources. Private sector involvement in

13  management plan development may be used to expedite the

14  planning process. Beginning fiscal year 1998-1999, individual

15  management plans required by s. 253.034(5) s. 253.034(4) shall

16  be developed with input from an advisory group.  Members of

17  this advisory group shall include, at a minimum,

18  representatives of the lead land managing agency, comanaging

19  entities, local private property owners, the appropriate soil

20  and water conservation district, a local conservation

21  organization, and a local elected official.  The advisory

22  group shall conduct at least one public hearing within the

23  county in which the parcel or project is located.  Notice of

24  such public hearing shall be posted on the parcel or project

25  designated for management, advertised in a paper of general

26  circulation, and announced at a scheduled meeting of the local

27  governing body before the actual public hearing.  The

28  management prospectus required pursuant to paragraph (9)(b)

29  shall be available to the public for a period of 30 days prior

30  to the public hearing.  Once a plan is adopted, the managing

31  agency or entity shall update the plan at least every 5 years

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  1  in a form and manner prescribed by rule of the board of

  2  trustees. Such plans may include transfers of leasehold

  3  interests to appropriate conservation organizations designated

  4  by the Land Acquisition and Management Advisory Council for

  5  uses consistent with the purposes of the organizations and the

  6  protection, preservation, and proper management of the lands

  7  and their resources. Volunteer management assistance is

  8  encouraged, including, but not limited to, assistance by

  9  youths participating in programs sponsored by state or local

10  agencies, by volunteers sponsored by environmental or civic

11  organizations, and by individuals participating in programs

12  for committed delinquents and adults. For each project for

13  which lands are acquired after July 1, 1995, an individual

14  management plan shall be adopted and in place no later than 1

15  year after the essential parcel or parcels identified in the

16  annual Florida Forever report or Conservation and Recreation

17  Lands report prepared pursuant to s. 259.035(2)(a) have been

18  acquired. Beginning in fiscal year 1998-1999, the Department

19  of Environmental Protection shall distribute only 75 percent

20  of the acquisition funds to which a budget entity or water

21  management district would otherwise be entitled from the

22  Florida Forever Trust Fund or the Preservation 2000 Trust Fund

23  to any budget entity or any water management district that has

24  more than one-third of its management plans overdue.

25         (a)  Individual management plans shall conform to the

26  appropriate policies and guidelines of the state land

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

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

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

30  and the statutory authority for such use or uses.

31

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  1         2.  Key management activities necessary to preserve and

  2  protect natural resources and restore habitat, and for

  3  controlling the spread of nonnative plants and animals, and

  4  for prescribed fire and other appropriate resource management

  5  activities.

  6         3.  A specific description of how the managing agency

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

  8  use fragile, nonrenewable natural and cultural resources.

  9         4.  A priority schedule for conducting management

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

11  acquired.

12         5.  A cost estimate for conducting priority management

13  activities, to include recommendations for cost-effective

14  methods of accomplishing those activities.

15         6.  A cost estimate for conducting other management

16  activities which would enhance the natural resource value or

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

18  cost estimate shall include recommendations for cost-effective

19  methods of accomplishing those activities.

20         7.  A determination of the public uses that would be

21  consistent with the purposes for which the lands were

22  acquired.

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

24  each individual management plan for parcels which exceed 160

25  acres in size to each member of the Land Acquisition and

26  Management Advisory Council. The council shall, within 60 days

27  after receiving a plan from the division, review each plan for

28  compliance with the requirements of this subsection and with

29  the requirements of the rules established by the board

30  pursuant to this subsection. The council shall also consider

31  the propriety of the recommendations of the managing agency

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  1  with regard to the future use or protection of the property.

  2  After its review, the council shall submit the plan, along

  3  with its recommendations and comments, to the board of

  4  trustees. The council shall specifically recommend to the

  5  board of trustees whether to approve the plan as submitted,

  6  approve the plan with modifications, or reject the plan.

  7         (c)  The board of trustees shall consider the

  8  individual management plan submitted by each state agency and

  9  the recommendations of the Land Acquisition and Management

10  Advisory Council and the Division of State Lands and shall

11  approve the plan with or without modification or reject such

12  plan. The use or possession of any lands owned by the board of

13  trustees which is not in accordance with an approved

14  individual management plan is subject to termination by the

15  board of trustees.

16

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

18  the water management districts, and each private entity

19  designated to manage lands shall report to the Secretary of

20  Environmental Protection on the progress of funding, staffing,

21  and resource management of every project for which the agency

22  or entity is responsible.

23         (11)

24         (b)  An amount equal up to 1.5 percent of the

25  cumulative total of funds ever deposited into the Florida

26  Preservation 2000 Trust Fund and the Florida Forever Trust

27  Fund shall be made available from the Conservation and

28  Recreation Lands Trust Fund for the purposes of management,

29  maintenance, and capital improvements, and for associated

30  contractual services, for lands acquired pursuant to previous

31  programs for the acquisition of lands for conservation and

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  1  recreation, including state forests, and lands acquired

  2  pursuant to this section and ss. s. 259.101 and 259.202 to

  3  which title is vested in the board of trustees. Each agency

  4  with management responsibilities shall annually request from

  5  the Legislature funds sufficient to fulfill such

  6  responsibilities. Capital improvements shall include, but need

  7  not be limited to, perimeter fencing, signs, firelanes, access

  8  roads and trails, and minimal public accommodations, such as

  9  primitive campsites, garbage receptacles, and toilets.

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

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

12  chapter and for associated contractual services, the managing

13  agencies shall recognize the following categories of land

14  management needs:

15         1.  Lands that which are low-need tracts, requiring

16  basic resource management and protection, such as state

17  reserves, state preserves, state forests, and wildlife

18  management areas.  These lands generally are open to the

19  public but have no more than minimum facilities development.

20         2.  Lands that which are moderate-need tracts,

21  requiring more than basic resource management and protection,

22  such as state parks and state recreation areas.  These lands

23  generally have extra restoration or protection needs, higher

24  concentrations of public use, or more highly developed

25  facilities.

26         3.  Lands that which are high-need tracts, with

27  identified needs requiring unique site-specific resource

28  management and protection. These lands generally are sites

29  with historic significance, unique natural features, or very

30  high intensity public use, or sites that require extra funds

31  to stabilize or protect resources.

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  1

  2  In evaluating the management funding needs of lands based on

  3  the above categories, the lead land managing agencies shall

  4  include in their considerations the impacts of, and needs

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

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

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

  8  invasive plant species on public lands.  Such goals shall

  9  differentiate between aquatic plant species and upland plant

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

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

12  the functioning of natural systems. Notwithstanding paragraph

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

14  (b) shall be reserved for control and removal of nonnative,

15  upland, invasive species on public lands.

16         (12)(a)  Beginning in fiscal year 1994-1995, not more

17  than 3.75 percent of the Conservation and Recreation Lands

18  Trust Fund shall be made available annually to the department

19  for payment in lieu of taxes to qualifying counties,

20  municipalities, school districts cities, and local governments

21  as defined in paragraph (b) for all actual tax losses incurred

22  as a result of board of trustees acquisitions for state

23  agencies under the Florida Preservation 2000 Program and

24  Florida Forever Program during any year. Reserved funds not

25  used for payments in lieu of taxes in any year shall revert to

26  the Florida Forever Trust Fund to be used for land acquisition

27  in accordance with the provisions of this section.

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

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

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

31  completed Preservation 2000 and Florida Forever acquisitions

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  1  in the county exceeds 0.01 percent of the county's total

  2  taxable value, and have a population of 75,000 or less.

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

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

  5  concern designated pursuant to chapter 380 and to local

  6  governments within such counties.

  7         3.  Beginning in the 2000-2001 fiscal year and

  8  thereafter, to school boards in counties with a population of

  9  75,000 or less which do not contain all or a portion of an

10  area of critical state concern designated under chapter 380

11  and which levy the maximum millage under s. 236.25(1) and (2).

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

13  Notwithstanding the limitations of paragraph (a), to Glades

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

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

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

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

18

19  For the purposes of this paragraph, the term "local

20  government" includes municipalities, the county school board,

21  mosquito control districts, and any other local government

22  entity that which levies ad valorem taxes, with the exception

23  of a water management district.

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

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

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

27  tax loss from all completed Preservation 2000 acquisitions in

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

29  value.

30         (c)(d)  If insufficient funds are not sufficient

31  available in any year to make full payments to all qualifying

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  1  counties, municipalities, school districts, cities, and local

  2  governments, such counties, municipalities, school districts,

  3  cities, and local governments shall receive a pro rata share

  4  of the moneys available.

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

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

  7  years preceding acquisition, except that, for purchases

  8  completed after July 1, 2000, the payment amount to school

  9  boards in counties with a population of 75,000 or less which

10  do not contain all or a portion of an area of critical state

11  concern designated under chapter 380 shall be calculated based

12  solely on the value of the millage levied under s. 236.25(1)

13  and (2). Applications for payment in lieu of taxes shall be

14  made no later than January 31 of the year following

15  acquisition. No payment in lieu of taxes shall be made for

16  properties which were exempt from ad valorem taxation for the

17  year immediately preceding acquisition.  If property which was

18  subject to ad valorem taxation was acquired by a tax-exempt

19  entity for ultimate conveyance to the state under this

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

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

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

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

24  Revenue those properties that may be eligible under this

25  provision.  Payment in lieu of taxes shall be limited to a

26  total of 10 consecutive years of annual payments, beginning

27  the year a local government becomes eligible. The Legislature

28  intends that once a governmental entity has been determined

29  eligible, the entity shall receive 10 consecutive annual

30  payments, and no further eligibility determination shall be

31  made during that period.

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

  2  paragraph shall be made annually to qualifying counties,

  3  municipalities, school districts cities, and local governments

  4  after certification by the Department of Revenue that the

  5  amounts applied for are reasonably appropriate, based on the

  6  amount of actual taxes paid on the eligible property, and

  7  after the Department of Environmental Protection has provided

  8  supporting documents to the Comptroller and has requested that

  9  payment be made in accordance with the requirements of this

10  section.

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

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

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

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

15         (13)  Moneys credited to the fund each year which are

16  not used for management, maintenance, or capital improvements

17  pursuant to subsection (11); for payment in lieu of taxes

18  pursuant to subsection (12); or for the purposes of subsection

19  (5) shall be available for the acquisition of land pursuant to

20  this section.

21         (14)  The board of trustees may adopt rules to further

22  define the categories of land for acquisition under this

23  chapter.

24         (15)  For fiscal year 1998-1999 only, moneys credited

25  to the fund may be appropriated to provide grants to qualified

26  local governmental entities pursuant to the provisions of s.

27  375.075. This subsection is repealed on July 1, 1999.

28         (15)(16)  Within 180 days after receiving a certified

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

30  Recreation Lands list or the Florida Forever list objecting to

31  the property being included in an acquisition project, where

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  1  such property is a project or part of a project which has not

  2  been listed for purchase in the current year's land

  3  acquisition work plan, the board of trustees shall delete the

  4  property from the list or from the boundary of an acquisition

  5  project on the list.

  6         Section 7.  Paragraphs (a), (b), and (c) of subsection

  7  (2) of section 259.035, Florida Statutes, 1998 Supplement, are

  8  amended to read:

  9         259.035  Advisory council; powers and duties.--

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

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

12  list of acquisition projects to be funded from the Florida

13  Forever Trust Fund and selected for purchase pursuant to this

14  chapter. The council may also propose eligible acquisition

15  projects to the board of trustees at any time if the projects

16  can be acquired at a price at least 15 percent below appraised

17  value. In scoring potential projects for inclusion on the

18  acquisition list, the council shall give greater consideration

19  to projects that can serve as corridors between lands already

20  in public ownership or under management for conservation and

21  recreational purposes.  Acquisition projects shall be ranked,

22  in order of priority, individually as a single group or

23  individually within six up to 10 separate groups, which must

24  include substantially complete projects, mega-multiparcels

25  projects, less-than-fee projects, priority projects,

26  negotiations impasse, and bargain or shared projects. The

27  council shall submit to the board of trustees, together with

28  its list of acquisition projects, a Florida Forever

29  Conservation and Recreation Lands report. For each project on

30  an acquisition list, the council shall include in its report

31  the stated purpose for acquiring the project, an

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  1  identification of the essential parcel or parcels within the

  2  project without which the project cannot be properly managed,

  3  an identification of those projects or parcels within projects

  4  which should be acquired in fee simple or in other than fee

  5  simple, an explanation of the reasons why the council selected

  6  a particular acquisition technique, a management policy

  7  statement for the project, a management prospectus pursuant to

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

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

10  brief description of the important natural and cultural

11  resources to be protected, preacquisition planning and

12  budgeting, coordination with other public and nonprofit

13  public-lands acquisition programs, a preliminary statement of

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

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

16  The Department of Environmental Protection shall prepare the

17  information required by this section for each acquisition

18  project selected for purchase pursuant to this chapter. In

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

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

21  acquisition list for which funds will be available for

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

23  disclose any information that is required by this chapter or

24  chapter 253 to remain confidential.

25         (b)  An affirmative vote of four members of the council

26  shall be required in order to place a proposed project on a

27  list. Each list shall contain at least twice the number of

28  projects in terms of estimated cost as there are anticipated

29  funds for purchase. The anticipated cost of each project shall

30  include proposed costs for development of the lands necessary

31

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  1  to meet the public purpose for which such lands are to be

  2  purchased.

  3         (c)  All proposals for acquisition projects pursuant to

  4  this chapter shall be developed and adopted by the council.

  5  The council shall consider and evaluate in writing the merits

  6  and demerits of each project that is proposed for acquisition

  7  and shall ensure that each proposed acquisition project will

  8  meet a stated public purpose for the preservation of

  9  environmentally endangered lands, for the development of

10  outdoor recreation lands, or as provided in s. 259.032(3) or

11  s. 259.202(4), and shall determine whether each acquisition

12  project conforms with the comprehensive plan developed

13  pursuant to s. 259.04(1)(a), the comprehensive outdoor

14  recreation and conservation plan developed pursuant to s.

15  375.021, and the state lands management plan adopted pursuant

16  to s. 253.03(7). Copies of a written report describing each

17  project proposed for acquisition shall be submitted to the

18  board of trustees. The council shall consider and include in

19  each project description its assessment of a project's

20  ecological value, vulnerability, endangerment, ownership

21  pattern, utilization, location, and cost and other pertinent

22  factors in determining whether to recommend a project for

23  state purchase.

24         Section 8.  Paragraph (a) of subsection (2) of section

25  338.250, Florida Statutes, is amended to read:

26         338.250  Central Florida Beltway Mitigation.--

27         (2)  Environmental mitigation required as a result of

28  construction of the beltway, or portions thereof, shall be

29  satisfied in the following manner:

30         (a)  For those projects which the Department of

31  Transportation is authorized to construct, funds for

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  1  environmental mitigation shall be deposited in the Central

  2  Florida Beltway Trust Fund created within the department at

  3  the time bonds for the specific project are sold. If a road

  4  building authority other than the department is authorized to

  5  construct the project, funds for environmental mitigation

  6  shall be deposited in a mitigation fund account established in

  7  the construction fund for the bond issues. Said account shall

  8  be established at the time bond proceeds are deposited into

  9  the construction fund for the specific project. These funds

10  shall be provided from bond proceeds, and the use of such

11  funds from bond proceeds for mitigation shall be deemed a

12  public purpose.  The amount to be provided for mitigation for

13  the Eastern Beltway in Seminole County shall be up to $4

14  million, the amount to be provided for mitigation for the

15  Western Beltway shall be up to $30.5 million, the amount to be

16  provided for mitigation for the Southern Connector shall be up

17  to $14.28 million, the amount to be provided for mitigation

18  for the Turnpike/Southern Connector Interchange shall be up to

19  $1.46 million, and the amount to be provided for mitigation

20  for the Southern Connector Extension shall be in proportion to

21  the amount provided for the Southern Connector based upon the

22  amount of wetlands displaced.  To the extent allowed by law,

23  the interest on said funds as earned, after deposit into the

24  Central Florida Beltway Trust Fund, or in a mitigation fund

25  account shall accrue and be paid to the agency responsible for

26  the construction of the appropriate project. Where feasible,

27  mitigation funds shall be used in coordination with funds from

28  the Florida Forever Trust Fund, the Conservation and

29  Recreation Lands Trust Fund, the Save Our Rivers Land

30  Acquisition Program, or from other appropriate sources.

31

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  1         Section 9.  Section 373.59, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         373.59  Water Management Lands Trust Fund.--

  4         (1)  There is established within the Department of

  5  Environmental Protection the Water Management Lands Trust Fund

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

  7  section. The moneys in this fund are hereby continually

  8  appropriated for the purposes of land acquisition, management,

  9  maintenance, capital improvements, payments in lieu of taxes,

10  and administration of the fund in accordance with the

11  provisions of this section.

12         (2)(a)  By January 15 of each year, each district shall

13  file with the Legislature and the Secretary of Environmental

14  Protection a report of acquisition activity together with

15  modifications or additions to its 5-year plan of acquisition.

16  Included in the report shall be an identification of those

17  lands which require a full fee simple interest to achieve

18  water management goals and those lands which can be acquired

19  using alternatives to fee simple acquisition techniques and

20  still achieve such goals.  In their evaluation of which lands

21  would be appropriate for acquisition through alternatives to

22  fee simple, district staff shall consider criteria including,

23  but not limited to, acquisition costs, the net present value

24  of future land management costs, the net present value of ad

25  valorem revenue loss to the local government, and the

26  potential for revenue generated from activities compatible

27  with acquisition objectives. The report shall also include a

28  description of land management activity. Expenditure of moneys

29  from the Water Management Lands Trust Fund shall be limited to

30  the costs for acquisition, management, maintenance, and

31  capital improvements of lands included within the 5-year plan

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  1  as filed by each district and to the department's costs of

  2  administration of the fund. The department's costs of

  3  administration shall be charged proportionally against each

  4  district's allocation using the formula provided in subsection

  5  (7). However, no acquisition of lands shall occur without a

  6  public hearing similar to those held pursuant to the

  7  provisions set forth in s. 120.54. In the annual update of its

  8  5-year plan for acquisition, each district shall identify

  9  lands needed to protect or recharge groundwater and shall

10  establish a plan for their acquisition as necessary to protect

11  potable water supplies. Lands which serve to protect or

12  recharge groundwater identified pursuant to this paragraph

13  shall also serve to protect other valuable natural resources

14  or provide space for natural resource based recreation.

15         (b)  Moneys from the fund shall be used for continued

16  acquisition, management, maintenance, and capital improvements

17  of the following lands and lands set forth in the 5-year land

18  acquisition plan of the district:

19         1.  By South Florida Water Management District--lands

20  in the water conservation areas and areas adversely affected

21  by raising water levels of Lake Okeechobee in accordance with

22  present regulation schedules, and the Savannahs Wetland area

23  in Martin County and St. Lucie County.

24         2.  By Southwest Florida Water Management

25  District--lands in the Four River Basins areas, including

26  Green Swamp, Upper Hillsborough and Cypress Creek, Anclote

27  Water Storage Lands (Starkey), Withlacoochee and Hillsborough

28  riverine corridors, and Sawgrass Lake addition.

29         3.  By St. Johns River Water Management

30  District--Seminole Ranch, Latt Maxey and Evans properties in

31  the upper St. Johns River Basin.

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  1         4.  By Suwannee River Water Management District--lands

  2  in Suwannee River Valley.

  3         5.  By Northwest Florida Water Management

  4  District--lands in the Choctawhatchee and Apalachicola River

  5  Valleys.

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

  7  unwilling seller from its plan of acquisition at the next

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

  9  so by the property owner.

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

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

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

13  conservation and protection of water resources, except that

14  such moneys shall not be used for the acquisition of

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

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

17  Interests in real property acquired by the districts under

18  this section may be used for permittable water resource

19  development and water supply development purposes under the

20  following conditions: the minimum flows and levels of priority

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

22  complies with all conditions for issuance of a permit under

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

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

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

26  an environmentally acceptable manner and, to the extent

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

28  natural state and condition.

29         (b)  Each water management district governing board

30  shall annually adopt, and may amend as necessary, a priority

31  list of fixed capital outlay projects, including wastewater

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  1  treatment and stormwater management facilities, needed to

  2  implement surface water improvement and management plans in

  3  effect on July 1, 2000. Funds for such projects shall be

  4  available from the Surface Water Improvement and Management

  5  Trust Fund and shall be allocated to the districts pursuant to

  6  the General Appropriations Act each fiscal year after

  7  considering the priority lists prepared by each district. Any

  8  unallocated funds not provided for in the General

  9  Appropriations Act but for which spending authority is

10  provided in the General Appropriations Act shall be released

11  by the Secretary of Environmental Protection based upon the

12  population size of the districts and following receipt of a

13  resolution adopted by the district's governing board which

14  identifies the project and certifies that the project is on

15  the district's priority list.

16         (c)(b)  The Secretary of Environmental Protection shall

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

18  district for preacquisition costs within 30 days after receipt

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

20  which identifies and justifies any such preacquisition costs

21  necessary for the purchase of any lands listed in the

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

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

24  resolution, and the department shall deposit the unused funds

25  into the Water Management Lands Trust Fund.

26         (d)(c)  The Secretary of Environmental Protection shall

27  release acquisition moneys from the Water Management Lands

28  Trust Fund to a district following receipt of a resolution

29  adopted by the governing board identifying the lands being

30  acquired and certifying that such acquisition is consistent

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

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  1  The governing board shall also provide to the Secretary of

  2  Environmental Protection a copy of all certified appraisals

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

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

  5  appraisals are required when the estimated value of the parcel

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

  7  $500,000 and differ significantly, a third appraisal may be

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

  9  price, the governing board shall submit written justification

10  for the increased price. The Secretary of Environmental

11  Protection may withhold moneys for any purchase that is not

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

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

14  appeal any denial to the Land and Water Adjudicatory

15  Commission pursuant to s. 373.114.

16         (e)(d)  The Secretary of Environmental Protection shall

17  release to the districts moneys for management, maintenance,

18  and capital improvements following receipt of a resolution and

19  request adopted by the governing board which specifies the

20  designated managing agency, specific management activities,

21  public use, estimated annual operating costs, and other

22  acceptable documentation to justify release of moneys.

23         (5)  Water management land acquisition costs shall

24  include payments to owners and costs and fees associated with

25  such acquisition.

26         (6)  If a district issues revenue bonds or notes under

27  s. 373.584, the district may pledge its share of the moneys in

28  the Water Management Lands Trust Fund as security for such

29  bonds or notes. The Department of Environmental Protection

30  shall pay moneys from the trust fund to a district or its

31  designee sufficient to pay the debt service, as it becomes

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  1  due, on the outstanding bonds and notes of the district;

  2  however, such payments shall not exceed the district's

  3  cumulative portion of the trust fund. However, any moneys

  4  remaining after payment of the amount due on the debt service

  5  shall be released to the district pursuant to subsection (3).

  6         (6)(7)  Any unused portion of a district's share of the

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

  8  district.  Interest earned on such portion shall also

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

10  acquisition, management, maintenance, and capital improvements

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

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

13  not be reduced except by resolution of the district governing

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

15         (7)(8)  Moneys from the Water Management Lands Trust

16  Fund shall be allocated to the five water management districts

17  in the following percentages:

18         (a)  Thirty percent to the South Florida Water

19  Management District.

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

21  Management District.

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

23  Management District.

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

25  District.

26         (e)  Ten percent to the Northwest Florida Water

27  Management District.

28         (8)(9)  Each district may use its allocation under

29  subsection (7)(8) for management, maintenance, and capital

30  improvements. Capital improvements shall include, but need not

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

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  1  invasive exotic species, controlled burning, habitat inventory

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

  3  minimal public accommodations, such as primitive campsites,

  4  garbage receptacles, and toilets.

  5         (9)(10)  Moneys in the fund not needed to meet current

  6  obligations incurred under this section shall be transferred

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

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

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

10         (10)(11)  Lands acquired for the purposes enumerated in

11  this section shall also be used for general public

12  recreational purposes.  General public recreational purposes

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

14  horseback riding, swimming, camping, hiking, canoeing,

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

16  outdoor activities to the maximum extent possible considering

17  the environmental sensitivity and suitability of those lands.

18  These public lands shall be evaluated for their resource value

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

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

21  public recreational purposes. Such findings must shall be

22  included in management plans, which must be are developed for

23  such public lands within 1 year after acquisition and updated

24  at least every 5 years.  These lands shall be made available

25  to the public for these purposes, unless the district

26  governing board can demonstrate that such activities would be

27  incompatible with the purposes for which these lands were

28  acquired. For any fee simple acquisition of a parcel which is

29  or will be leased back for agricultural purposes, or for any

30  acquisition of a less-than-fee interest in land that is or

31  will be used for agricultural purposes, the district governing

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  1  board shall first consider having a soil and water

  2  conservation district created pursuant to chapter 582 manage

  3  and monitor such interest.

  4         (11)(12)  A district may dispose of land acquired under

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

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

  7  purpose except the purchase of other lands meeting the

  8  criteria specified in this section or payment of debt service

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

10  in this section.

11         (12)(13)  No moneys generated pursuant to this act may

12  be applied or expended subsequent to July 1, 1985, to

13  reimburse any district for prior expenditures for land

14  acquisition from ad valorem taxes or other funds other than

15  its share of the funds provided herein or to refund or

16  refinance outstanding debt payable solely from ad valorem

17  taxes or other funds other than its share of the funds

18  provided herein.

19         (13)(14)(a)  Funds from the Water Management Lands

20  Trust Fund shall be available Beginning in fiscal year

21  1992-1993, not more than one-fourth of the land management

22  funds provided for in subsections (1) and (9) in any year

23  shall be reserved annually by a governing board, during the

24  development of its annual operating budget, for payment in

25  lieu of taxes to qualifying counties, municipalities, school

26  districts, and local governments, as defined in paragraph (b),

27  for actual ad valorem tax losses incurred as a result of lands

28  purchased with funds allocated pursuant to paragraph (b) and

29  ss. s. 259.101(3)(b) and 259.202(3)(b). In addition, the

30  Northwest Florida Water Management District, the South Florida

31  Water Management District, the Southwest Florida Water

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  1  Management District, the St. Johns River Water Management

  2  District, and the Suwannee River Water Management District

  3  shall pay to qualifying counties payments in lieu of taxes for

  4  district lands acquired with funds allocated pursuant to

  5  subsection (8). Reserved funds that are not used for payment

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

  7  used for management purposes or land acquisition in accordance

  8  with this section.

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

10         1.  To counties for each year in which the levy of ad

11  valorem tax is at least 8.25 mills or the amount of the tax

12  loss from all completed Preservation 2000 or Florida Forever

13  acquisitions in the county exceeds 0.01 percent of the

14  county's total taxable value, and the population is 75,000 or

15  less. and

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

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

18  concern designated pursuant to chapter 380, and to local

19  governments within such counties.

20         3.  Beginning in the 2000-2001 fiscal year, to school

21  boards in counties with a population of 75,000 or less which

22  do not contain all or a portion of an area of critical state

23  concern designated under chapter 380 and which levy the

24  maximum millage under s. 236.25(1) and (2).

25

26  As used in this paragraph, the term "local government"

27  includes municipalities, the county school board, mosquito

28  control districts, and any other local government entity that

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

30  management district.

31

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  1         (c)  If insufficient funds are not sufficient available

  2  in any year to make full payments to all qualifying counties,

  3  municipalities, school districts, and local governments, such

  4  counties, municipalities, school districts, and local

  5  governments shall receive a pro rata share of the moneys

  6  available.

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

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

  9  immediately preceding acquisition, except that, for purchases

10  completed after July 1, 2000, the payment amount to school

11  boards in counties with a population of 75,000 or less which

12  do not contain all or a portion of an area of critical state

13  concern designated under chapter 380 shall be calculated based

14  solely on the value of the millage levied under s. 236.25(1)

15  and (2). For lands purchased prior to July 1, 1992,

16  applications for payment in lieu of taxes shall be made to the

17  districts by January 1, 1993. For lands purchased after July

18  1, 1992, applications for payment in lieu of taxes shall be

19  made no later than January 31 of the year following

20  acquisition.  No payment in lieu of taxes shall be made for

21  properties that which were exempt from ad valorem taxation for

22  the year immediately preceding acquisition.  Payment in lieu

23  of taxes shall be limited to a period of 10 consecutive years

24  of annual payments. The Legislature intends that once a

25  governmental entity has been determined eligible, the entity

26  shall receive 10 consecutive annual payments, and no further

27  eligibility determination shall be made within that period.

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

29  days after: certification by the Department of Revenue that

30  the amounts applied for are appropriate, certification by the

31  Department of Environmental Protection that funds are

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  1  available, and completion of any fund transfers to the

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

  3  payment in lieu of taxes to any county, municipality, school

  4  district, or local government by the amount of other payments,

  5  grants, or in-kind services provided to that governmental

  6  entity county by the district during the year. The amount of

  7  any reduction in payments shall remain in the Water Management

  8  Lands Trust Fund for purposes provided by law.

  9         (f)  If a district governing board conveys to a local

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

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

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

13         (14)(15)  Each district is encouraged to use volunteers

14  to provide land management and other services.  Volunteers

15  shall be covered by liability protection and workers'

16  compensation in the same manner as district employees, unless

17  waived in writing by such volunteers or unless such volunteers

18  otherwise provide equivalent insurance.

19         (15)(16)  Each water management district is authorized

20  and encouraged to enter into cooperative land management

21  agreements with state agencies or local governments to provide

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

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

24  the Internal Improvement Trust Fund, or local governments hold

25  title. Any such cooperative land management agreement must be

26  consistent with any applicable laws governing land use,

27  management duties, and responsibilities and procedures of each

28  cooperating entity. Each cooperating entity is authorized to

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

30  management on any such lands included in a cooperative land

31  management agreement.

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  1         (16)(17)  Notwithstanding any provision of this section

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

  3  governing board of a water management district may request,

  4  and the Secretary of Environmental Protection shall release

  5  upon such request, moneys allocated to the districts pursuant

  6  to subsection (8) for the purpose of carrying out the

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

  8  pursuant to this section subsection until necessary debt

  9  service obligations are provided for any bonds issued pursuant

10  to s. 373.584 before the repeal of that section and

11  requirements for payments in lieu of taxes that may be

12  required pursuant to this section are provided for. This

13  subsection is repealed on July 1, 1999.

14         Section 10.  Subsection (1) of section 380.504, Florida

15  Statutes, is amended to read:

16         380.504  Florida Communities Trust; creation;

17  membership; expenses.--

18         (1)  There is created within the Department of

19  Community Affairs a nonregulatory state agency and

20  instrumentality, which shall be a public body corporate and

21  politic, known as the "Florida Communities Trust." The

22  governing body of the trust shall consist of:

23         (a)  The Secretary of Community Affairs and the

24  Secretary of Environmental Protection; and

25         (b)  The director of the Division of Historical

26  Resources of the Department of State; and

27         (c)(b)  Three public members whom the Governor shall

28  appoint subject to Senate confirmation.

29

30  The Governor shall appoint a former elected official of a

31  local government, a representative of a nonprofit organization

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  1  as defined in this part, and a representative of the

  2  development industry. The Secretary of Community Affairs may

  3  designate his or her assistant secretary or the director of

  4  the Division of Resource Planning and Management to serve in

  5  his or her absence. The Secretary of Environmental Protection

  6  may appoint his or her assistant executive director, the

  7  deputy assistant director for Land Resources, the director of

  8  the Division of State Lands, or the director of the Division

  9  of Recreation and Parks to serve in his or her absence. The

10  Secretary of Community Affairs shall be the chair of the

11  governing body of the trust. The Governor shall make his or

12  her appointments upon the expiration of any current terms or

13  within 60 days after the effective date of the resignation of

14  any member.

15         Section 11.  Subsection (9) is added to section

16  380.508, Florida Statutes, to read:

17         380.508  Projects; development, review, and approval.--

18         (9)(a)  The governing body of the trust shall adopt by

19  rule criteria for evaluating and selecting projects to be

20  funded in whole or in part with moneys allocated to the trust

21  from the Forever Florida Trust Fund pursuant to s. 375.046,

22  for the purposes provided in this part.

23         (b)  In establishing criteria for the evaluation and

24  selection of projects to be funded, the governing body of the

25  trust shall give priority to projects that will:

26         1.  Function to intersperse congested core urban areas

27  located in built-up commercial, residential, industrial, or

28  mixed-use areas with parks and open space;

29         2.  Establish, add to, connect, or complete greenways

30  and trails in or near urban population centers;

31

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  1         3.  Obtain public access and use of waterfronts, lakes,

  2  ocean beaches, rivers, streams, and other water bodies in or

  3  near urban population centers;

  4         4.  Be located within a brownfield area as defined in

  5  chapter 376;

  6         5.  Restore or improve wetlands, beaches, or former

  7  natural areas in or near urban population centers; or

  8         6.  Add, connect, or provide public access to existing

  9  state, federal, or local parks, preserves, or water management

10  or resource protection areas.

11         Section 12.  Subsections (5) and (6) of section

12  420.5092, Florida Statutes, are amended to read:

13         420.5092  Florida Affordable Housing Guarantee

14  Program.--

15         (5)  Pursuant to s. 16, Art. VII of the State

16  Constitution, the corporation may issue, in accordance with s.

17  420.509, revenue bonds of the corporation to establish the

18  guarantee fund.  Such revenue bonds shall be primarily payable

19  from and secured by annual debt service reserves, from

20  interest earned on funds on deposit in the guarantee fund,

21  from fees, charges, and reimbursements established by the

22  corporation for the issuance of affordable housing guarantees,

23  and from any other revenue sources received by the corporation

24  and deposited by the corporation into the guarantee fund for

25  the issuance of affordable housing guarantees.  To the extent

26  such primary revenue sources are considered insufficient by

27  the corporation, pursuant to the certification provided in

28  subsection (6), to fully fund the annual debt service reserve,

29  the certified deficiency in such reserve shall be additionally

30  payable from the first proceeds of the documentary stamp tax

31  moneys deposited into the State Housing Trust Fund pursuant to

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  1  s. 201.15(7)(a) and (8)(a) s. 201.15(6)(a) and (7)(a) during

  2  the ensuing state fiscal year.

  3         (6)(a)  If the primary revenue sources to be used for

  4  repayment of revenue bonds used to establish the guarantee

  5  fund are insufficient for such repayment, the annual principal

  6  and interest due on each series of revenue bonds shall be

  7  payable from funds in the annual debt service reserve.  The

  8  corporation shall, before June 1 of each year, perform a

  9  financial audit to determine whether at the end of the state

10  fiscal year there will be on deposit in the guarantee fund an

11  annual debt service reserve from interest earned pursuant to

12  the investment of the guarantee fund, fees, charges, and

13  reimbursements received from issued affordable housing

14  guarantees and other revenue sources available to the

15  corporation. Based upon the findings in such guarantee fund

16  financial audit, the corporation shall certify to the

17  Comptroller the amount of any projected deficiency in the

18  annual debt service reserve for any series of outstanding

19  bonds as of the end of the state fiscal year and the amount

20  necessary to maintain such annual debt service reserve. Upon

21  receipt of such certification, the Comptroller shall transfer

22  to the annual debt service reserve, from the first available

23  taxes distributed to the State Housing Trust Fund pursuant to

24  s. 201.15(7)(a) and (8)(a) s. 201.15(6)(a) and (7)(a) during

25  the ensuing state fiscal year, the amount certified as

26  necessary to maintain the annual debt service reserve.

27         (b)  If the claims payment obligations under affordable

28  housing guarantees from amounts on deposit in the guarantee

29  fund would cause the claims paying rating assigned to the

30  guarantee fund to be less than the third-highest rating

31  classification of any nationally recognized rating service,

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  1  which classifications being consistent with s. 215.84(3) and

  2  rules adopted thereto by the State Board of Administration,

  3  the corporation shall certify to the Comptroller the amount of

  4  such claims payment obligations. Upon receipt of such

  5  certification, the Comptroller shall transfer to the guarantee

  6  fund, from the first available taxes distributed to the State

  7  Housing Trust Fund pursuant to s. 201.15(7)(a) and (8)(a) s.

  8  201.15(6)(a) and (7)(a) during the ensuing state fiscal year,

  9  the amount certified as necessary to meet such obligations,

10  such transfer to be subordinate to any transfer referenced in

11  paragraph (a) and not to exceed 50 percent of the amounts

12  distributed to the State Housing Trust Fund pursuant to s.

13  201.15(7)(a) and (8)(a) s. 201.15(6)(a) and (7)(a) during the

14  preceding state fiscal year.

15         Section 13.  Section 420.9073, Florida Statutes, 1998

16  Supplement, is amended to read:

17         420.9073  Local housing distributions.--

18         (1)  Distributions calculated in this section shall be

19  disbursed on a monthly basis by the agency beginning the first

20  day of the month after program approval pursuant to s.

21  420.9072.  Each county's share of the funds to be distributed

22  from the portion of the funds in the Local Government Housing

23  Trust Fund received pursuant to s. 201.15(7) s. 201.15(6)

24  shall be calculated by the agency for each fiscal year as

25  follows:

26         (a)  Each county other than a county that has

27  implemented the provisions of chapter 83-220, Laws of Florida,

28  as amended by chapters 84-270, 86-152, and 89-252, Laws of

29  Florida, shall receive the guaranteed amount for each fiscal

30  year.

31

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  1         (b)  Each county other than a county that has

  2  implemented the provisions of chapter 83-220, Laws of Florida,

  3  as amended by chapters 84-270, 86-152, and 89-252, Laws of

  4  Florida, may receive an additional share calculated as

  5  follows:

  6         1.  Multiply each county's percentage of the total

  7  state population excluding the population of any county that

  8  has implemented the provisions of chapter 83-220, Laws of

  9  Florida, as amended by chapters 84-270, 86-152, and 89-252,

10  Laws of Florida, by the total funds to be distributed.

11         2.  If the result in subparagraph 1. is less than the

12  guaranteed amount as determined in subsection (3), that

13  county's additional share shall be zero.

14         3.  For each county in which the result in subparagraph

15  1. is greater than the guaranteed amount as determined in

16  subsection (3), the amount calculated in subparagraph 1. shall

17  be reduced by the guaranteed amount.  The result for each such

18  county shall be expressed as a percentage of the amounts so

19  determined for all counties.  Each such county shall receive

20  an additional share equal to such percentage multiplied by the

21  total funds received by the Local Government Housing Trust

22  Fund pursuant to s. 201.15(7) s. 201.15(6) reduced by the

23  guaranteed amount paid to all counties.

24         (2)  Effective July 1, 1995, distributions calculated

25  in this section shall be disbursed on a monthly basis by the

26  agency beginning the first day of the month after program

27  approval pursuant to s. 420.9072.  Each county's share of the

28  funds to be distributed from the portion of the funds in the

29  Local Government Housing Trust Fund received pursuant to s.

30  201.15(8) s. 201.15(7) shall be calculated by the agency for

31  each fiscal year as follows:

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  1         (a)  Each county shall receive the guaranteed amount

  2  for each fiscal year.

  3         (b)  Each county may receive an additional share

  4  calculated as follows:

  5         1.  Multiply each county's percentage of the total

  6  state population, by the total funds to be distributed.

  7         2.  If the result in subparagraph 1. is less than the

  8  guaranteed amount as determined in subsection (3), that

  9  county's additional share shall be zero.

10         3.  For each county in which the result in subparagraph

11  1. is greater than the guaranteed amount, the amount

12  calculated in subparagraph 1. shall be reduced by the

13  guaranteed amount.  The result for each such county shall be

14  expressed as a percentage of the amounts so determined for all

15  counties.  Each such county shall receive an additional share

16  equal to this percentage multiplied by the total funds

17  received by the Local Government Housing Trust Fund pursuant

18  to s. 201.15(8) s. 201.15(7) as reduced by the guaranteed

19  amount paid to all counties.

20         (3)  Calculation of guaranteed amounts:

21         (a)  The guaranteed amount under subsection (1) shall

22  be calculated for each state fiscal year by multiplying

23  $350,000 by a fraction, the numerator of which is the amount

24  of funds distributed to the Local Government Housing Trust

25  Fund pursuant to s. 201.15(7) s. 201.15(6) and the denominator

26  of which is the total amount of funds distributed to the Local

27  Government Housing Trust Fund pursuant to s. 201.15.

28         (b)  The guaranteed amount under subsection (2) shall

29  be calculated for each state fiscal year by multiplying

30  $350,000 by a fraction, the numerator of which is the amount

31  of funds distributed to the Local Government Housing Trust

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  1  Fund pursuant to s. 201.15(8) s. 201.15(7) and the denominator

  2  of which is the total amount of funds distributed to the Local

  3  Government Housing Trust Fund pursuant to s. 201.15.

  4         (4)  Funds distributed pursuant to this section may not

  5  be pledged to pay debt service on any bonds.

  6         Section 14.  Section 373.584, Florida Statutes, is

  7  repealed.

  8         Section 15.  The repeal of section 373.584, Florida

  9  Statutes, does not impair the validity of any bonds or

10  obligations issued under that section which are outstanding on

11  July 1, 2000.

12         Section 16.  This act shall take effect July 1, 2000.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Creates the Florida Forever Act to provide for the
17    purchase of environmentally significant lands. Provides
      criteria for acquiring lands under the Florida Forever
18    Program. Provides procedures for determining the priority
      of acquisition projects. Authorizes alternate uses of
19    acquired lands. Provides for using alternatives to fee
      simple acquisition. Requires that a project be given
20    higher priority if matching funds are available or if the
      project is priced below appraised value. Authorizes the
21    issuance of bonds under the program. Provides that
      certain proceeds from the excise tax on documents be used
22    to pay the debt service on bonds issued under the Florida
      Forever Program. Requires that the managing state agency
23    adopt a management plan within a specified period after
      acquiring a parcel under the Florida Forever Program.
24    Provides a formula and funding source for funding
      management, maintenance, capital improvements, and
25    payments in lieu of taxes. Revises procedures for the
      Land Acquisition and Management Advisory Council in
26    proposing projects to be funded from the Florida Forever
      Trust Fund. Requires the Florida Communities Trust to
27    adopt criteria for selecting projects to be funded from
      the Florida Forever Trust Fund. Revises requirements for
28    water management districts in adopting priority lists and
      issuing bonds. See bill for details.
29

30

31

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