Senate Bill 0654

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    Florida Senate - 1999                                   SB 654

    By the Committee on Fiscal Policy





    301-169A-99

  1                      A bill to be entitled

  2         An act terminating specified trust funds and

  3         fund accounts within the Department of

  4         Environmental Protection; providing for

  5         disposition of balances in and revenues of such

  6         trust funds and fund accounts; prescribing

  7         procedures for the termination of such trust

  8         funds and fund accounts; amending ss. 253.781,

  9         253.7824, 253.7829, 253.783, F.S.; removing

10         reference to the Cross Florida Barge Canal

11         Trust Fund; providing an effective date.

12

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

14

15         Section 1.  (1)  The following trust funds and fund

16  accounts within the Department of Environmental Protection are

17  terminated:

18         (a)  The Cross Florida Barge Canal Trust Fund, FLAIR

19  number 37-2-888.

20         (b)  The Hurricane Andrew Disaster Relief Trust Fund,

21  FLAIR number 37-2-200.

22         (2)  Unless otherwise provided, all current balances

23  remaining in, and all revenues of, the trust funds terminated

24  by this act shall be transferred to the General Revenue Fund.

25         (3)  For each trust fund and fund account terminated by

26  this act, the agency or branch that administers the trust fund

27  or fund account shall pay any outstanding debts and

28  obligations of the terminated fund or account as soon as

29  practicable, and the Comptroller shall close out and remove

30  the terminated fund or account from the various state

31  accounting systems using generally accepted accounting

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    Florida Senate - 1999                                   SB 654
    301-169A-99




  1  principles concerning warrants outstanding, assets, and

  2  liabilities.

  3         Section 2.  Subsection (3) of section 253.781, Florida

  4  Statutes, is amended to read:

  5         253.781  Retention of state-owned lands along former

  6  Cross Florida Barge Canal route; creation of Cross Florida

  7  Greenways State Recreation and Conservation Area; authorizing

  8  transfer to the Federal Government for inclusion in Ocala

  9  National Forest.--

10         (3)  The Board of Trustees of the Internal Improvement

11  Trust Fund may acquire by purchase, exchange of other state

12  lands, or the exercise of the power of eminent domain the fee

13  title to lands acquired in less-than-fee title and to

14  privately owned lands that break the continuity of publicly

15  owned lands within the original canal corridor as specified in

16  the University Planning Team Greenway Management Plan along

17  the canal route, using canal authority assets transferred to

18  the department or; using state, local, or federal funds

19  dedicated to acquiring lands for conservation and recreation;

20  or using funds from the Cross Florida Barge Canal Trust Fund.

21  The Legislature finds that such exercise of the power of

22  eminent domain to accomplish the purposes of this section is

23  necessary and for a public purpose. Such power of eminent

24  domain must be exercised pursuant to chapter 73.

25         Section 3.  Section 253.7824, Florida Statutes, is

26  amended to read:

27         253.7824  Sale of products; proceeds.--The department

28  may authorize the removal and sale of products from the land

29  where environmentally appropriate, the proceeds from which

30  shall be deposited in the Cross Florida Barge Canal Trust

31  Fund.

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    Florida Senate - 1999                                   SB 654
    301-169A-99




  1         Section 4.  Subsection (1) of section 253.7829, Florida

  2  Statutes, is amended to read:

  3         253.7829  Management plan for retention or disposition

  4  of former Cross Florida Barge Canal lands; authority to manage

  5  lands until disposition.--

  6         (1)  It is declared to be in the public interest that

  7  the department shall do and is hereby authorized to do any and

  8  all things and incur and pay from the Cross Florida Barge

  9  Canal Trust Fund or from the canal authority assets, for the

10  public purposes described herein, any and all expenses

11  necessary, convenient, and proper to:

12         (a)  Develop a management plan for the retention or

13  disposition of lands acquired for the Cross Florida Barge

14  Canal to be submitted to the Governor and Cabinet no later

15  than 2 years after the date of enactment of the Cross Florida

16  Barge Canal deauthorization act, which plan shall reflect a

17  consideration of alternatives for disposition as provided in

18  this section of all lands in fee or less than fee owned by the

19  Board of Trustees of the Internal Improvement Trust Fund,

20  including those lands previously owned by the canal authority

21  and the United States Army Corps of Engineers, and lands to be

22  transferred to the state by the United States Army Corps of

23  Engineers. The management plan shall establish a plan for

24  delineating the specific boundaries of the Cross Florida

25  Greenways State Recreation and Conservation Area. The

26  Legislature intends that such boundaries include, at a

27  minimum, a 300-yard-wide corridor, except where the original

28  corridor is a lesser width or except in areas where bridges

29  and roads cross the canal corridor, on former canal lands

30  within the original canal corridor extending from the St.

31  Johns River to the Gulf of Mexico, including all of the

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    Florida Senate - 1999                                   SB 654
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  1  Oklawaha River Valley and Rodman Reservoir, and all canal

  2  works in all areas whether completed and in use or not, but

  3  excluding all parts of Lake Rousseau. Such boundaries may

  4  include other former canal lands according to the following

  5  criteria:

  6         1.  The proximity of the lands to former canal corridor

  7  lands.

  8         2.  The environmental sensitivity or importance of the

  9  lands or its characteristics as a unique or significant

10  wildlife habitat.

11         3.  The proximity of the lands to existing state or

12  federal land which is maintained, at least in part, as natural

13  wildlife habitat, so that the addition of the parcel would

14  function as a wildlife corridor, or as additional habitat.

15         4.  The potential of the lands to be developed as

16  outdoor recreation lands.

17

18  Commercially valuable parcels, including those parcels near

19  road crossings, within the canal corridor which do not meet

20  the criteria of subparagraphs 1.-4. and other former canal

21  lands which are not included within the boundaries of the

22  Cross Florida Greenways State Recreation and Conservation Area

23  under the criteria of subparagraphs 1.-4., may be disposed of

24  as surplus lands pursuant to s. 253.783(2)(a)-(d). Such

25  alternatives for disposition will include retention by the

26  state or any agency thereof for the specific public purposes

27  outlined in this paragraph or by the counties or adjacent

28  municipalities for recreational or conservation purposes, and

29  a declaration of lands not to be retained as surplus lands to

30  be disposed of pursuant to s. 253.783(2)(a)-(d). The

31  management plan shall also address any remedial measures

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    Florida Senate - 1999                                   SB 654
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  1  necessary to correct any environmental or economic damage

  2  caused by works constructed as a part of or as a result of the

  3  Cross Florida Barge Canal.

  4         (b)  Operate and maintain existing lands and interests

  5  in lands, appurtenances, structures, and facilities. Operation

  6  and maintenance of water control structures may be delegated

  7  by the department to the St. Johns River Water Management

  8  District or the Southwest Florida Water Management District,

  9  as necessary. Rights-of-way necessary for the construction and

10  maintenance of electric transmission lines may be authorized.

11         Section 5.  Subsection (2) of section 253.783, Florida

12  Statutes, is amended to read:

13         253.783  Additional powers and duties of the

14  department; disposition of surplus lands; payments to

15  counties.--

16         (2)  It is declared to be in the public interest that

17  the department shall do and is hereby authorized to do any and

18  all things and incur and pay from the Cross Florida Barge

19  Canal Trust Fund, for the public purposes described herein,

20  any and all expenses necessary, convenient, and proper to:

21         (a)  Offer any land declared to be surplus, at current

22  appraised value, to the counties in which the surplus land

23  lies, for acquisition for specific public purposes.  Any

24  county, at its option, may elect to acquire any lands so

25  offered without monetary payment.  The fair market value of

26  any parcels so transferred shall be subtracted from the

27  county's reimbursement under paragraph (e). These offers will

28  be made within 3 calendar months after the date the management

29  plan is adopted and will be valid for 180 days after the date

30  of the offer.

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    Florida Senate - 1999                                   SB 654
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  1         (b)  Extend the second right of refusal, at current

  2  appraised value, to the original owner from whom the Canal

  3  Authority of the State of Florida or the United States Army

  4  Corps of Engineers acquired the land or the original owner's

  5  heirs. These offers shall be made by public advertisement in

  6  not fewer than three newspapers of general circulation within

  7  the area of the canal route, one of which shall be a newspaper

  8  in the county in which the lands declared to be surplus are

  9  located.  The public advertisements shall be run for a period

10  of 14 days.  These offers will be valid for 30 days after the

11  expiration date of any offers made under paragraph (a), or 30

12  days after the date publication begins, whichever is later.

13         (c)  Extend the third right of refusal, at current

14  appraised value, to any person having a leasehold interest in

15  the land from the canal authority. These offers shall be

16  advertised as provided in paragraph (b) and will be valid for

17  30 days after the expiration date of the offers made under

18  paragraph (b), or 30 days after the date publication begins,

19  whichever is later.

20         (d)  Offer surplus lands not purchased or transferred

21  under paragraphs (a)-(c) to the highest bidder at public sale.

22  Such surplus lands and the public sale shall be described and

23  advertised in a newspaper of general circulation within the

24  county in which the lands are located not less than 14

25  calendar days prior to the date on which the public sale is to

26  be held.  The current appraised value of such surplus lands

27  will be the minimum acceptable bid.

28         (e)  Refund to the counties of the Cross Florida Canal

29  Navigation District moneys pursuant to this paragraph from the

30  funds remaining in the Cross Florida Barge Canal Trust Fund

31  from the funds derived from the conveyance of lands of the

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    Florida Senate - 1999                                   SB 654
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  1  project to the Federal Government or any agency thereof,

  2  pursuant to s. 253.781, and from the sales of surplus lands

  3  pursuant to this section. Following federal deauthorization of

  4  the project, such refunds shall consist of the $9,340,720

  5  principal in ad valorem taxes contributed by the counties and

  6  the interest which had accrued on that amount from the time of

  7  payment to June 30, 1985. In no event shall the counties be

  8  paid less than the aggregate sum of $32 million in cash or the

  9  appraised values of the surplus lands. Such refunds shall be

10  in proportion to the ad valorem tax share paid to the Cross

11  Florida Canal Navigation District by the respective counties.

12  Should the remaining funds in the Cross Florida Barge Canal

13  Trust Fund and the funds derived from the conveyance of lands

14  of the project to the Federal Government for payment or from

15  the sale of surplus land be inadequate to pay the total of the

16  principal plus interest, first priority shall be given to

17  repaying the principal and second priority shall be given to

18  repaying the interest. Interest to be refunded to the counties

19  shall be compounded annually at the following rates:

20  1937-1950, 4 percent; 1951-1960, 5 percent; 1961-1970, 6

21  percent; 1971-1975, 7 percent; 1976-June 30, 1985, 8 percent.

22  In computing interest, amounts already repaid to the counties

23  shall not be subject to further assessments of interest. Any

24  partial repayments provided to the counties under this act

25  shall be considered as contributing to the total repayment

26  owed to the counties. Should the funds generated by conveyance

27  to the Federal Government and sales of surplus lands be more

28  than sufficient to repay said counties in accordance with this

29  section, such excess funds may be used for the maintenance of

30  the greenways corridor.

31         (f)  Carry out the purposes of this act.

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    Florida Senate - 1999                                   SB 654
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  1         Section 6.  This act shall take effect July 1, 1999.

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  4                          SENATE SUMMARY

  5    Terminates various trust funds and fund accounts within
      the Department of Environmental Protection.
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