Senate Bill 0908c1

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    Florida Senate - 1999                            CS for SB 908

    By the Committee on Natural Resources and Senators Latvala,
    Laurent, Carlton, Saunders and Kirkpatrick




    312-1703A-99

  1                      A bill to be entitled

  2         An act relating to the Florida Forever Program;

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

  4         Forever Act; providing legislative findings;

  5         prohibiting the use of certain funds in the

  6         Conservation and Recreation Lands and Water

  7         Management Lands Trust Funds for land

  8         acquisition; providing for the proceeds of bond

  9         sales to be deposited into the Florida Forever

10         Trust Fund; providing for the distribution and

11         use of funds; providing project criteria for

12         land acquisition under the Florida Forever

13         Program; requiring increased priority for the

14         acquisition of lands providing protection of

15         certain threatened or endangered species;

16         providing procedures for determining the

17         priority of projects; restricting the use of

18         funds from the Florida Forever Trust Fund by

19         the Division of Forestry within the Department

20         of Agriculture and Consumer Services;

21         establishing procedures for the disposition of

22         lands; authorizing alternate uses of acquired

23         lands; providing a limitation on alternate

24         uses; encouraging and requiring the use of

25         alternatives to fee simple acquisition of

26         lands; requiring increased priority for a

27         project if matching funds are available;

28         requiring increased priority if the project is

29         priced below appraised value; creating s.

30         259.2021, F.S.; creating the Florida Forever

31         Commission to approve the expenditure of

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    Florida Senate - 1999                            CS for SB 908
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  1         certain funds; requiring the development of

  2         goals; requiring a report; amending s. 201.15,

  3         F.S.; authorizing the use of revenues for the

  4         debt service on bonds; revising the

  5         distribution of proceeds from the excise tax on

  6         documents; amending s. 253.027, F.S.; revising

  7         the criteria for expenditures for

  8         archaeological property to include lands on the

  9         acquisition list for the Florida Forever

10         Program; amending s. 253.034, F.S., relating to

11         uses of state-owned lands; authorizing

12         additional uses of state lands under specified

13         circumstances; conforming cross-references to

14         changes made by the act; amending s. 259.032,

15         F.S.; authorizing the Florida Forever

16         Commission to allocate funds for land

17         acquisition; emphasizing protection of

18         endangered and threatened species; conforming a

19         cross-reference; conforming provisions;

20         requiring the adoption of a management plan

21         within a specified period after the acquisition

22         of a parcel under the Florida Forever Program;

23         providing a restriction on funding for an

24         agency with overdue management plans; providing

25         a formula and funding source for funding

26         management, maintenance, capital improvements,

27         and payments in lieu of taxes; providing funds

28         for the control of exotic species; providing

29         funds for lake restoration from the State Game

30         Trust Fund; specifying eligible lands;

31         providing for the distribution of funds;

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    Florida Senate - 1999                            CS for SB 908
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  1         revising the criteria and eligibility for

  2         payments in lieu of taxes; limiting the total

  3         consecutive years of such payments; providing

  4         for the deletion of certain property from an

  5         acquisition list; deleting obsolete provisions;

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

  7         for the Land Acquisition and Management

  8         Advisory Council to propose projects to be

  9         funded from the Florida Forever Trust Fund;

10         providing a cross-reference; amending s.

11         338.250, F.S.; providing for certain mitigation

12         funds to be used in coordination with funds

13         from the Florida Forever Trust Fund; amending

14         s. 373.59, F.S.; requiring a report to the

15         Florida Forever Commission; providing a process

16         for releasing funds for water resource

17         development and land acquisition projects;

18         deleting provisions authorizing the use of

19         specified funds for debt service on bonds

20         issued pursuant to s. 373.584, F.S.; requiring

21         payment of debt service before other uses of

22         funds; providing due dates for required

23         management plans; revising the criteria and

24         eligibility for payments in lieu of taxes;

25         requiring that payments by made in consecutive

26         years; amending s. 380.503, F.S.; providing

27         definitions; amending s. 380.504, F.S.;

28         revising the membership of the Florida

29         Communities Trust within the Department of

30         Community Affairs; conforming outdated

31         provisions; amending s. 380.507, F.S.;

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  1         authorizing the development of rules; amending

  2         ss. 420.5092, 420.9073, F.S., relating to

  3         affordable housing programs; conforming

  4         cross-references to changes made by the act;

  5         repealing s. 373.584, F.S., relating to revenue

  6         bonds; providing that the repeal of s. 373.584,

  7         F.S., does not impair the validity of certain

  8         bonds outstanding on the effective date of the

  9         act; requiring reinstitution of payments in

10         lieu of taxes in specified circumstances;

11         providing an educational program; providing an

12         effective date.

13

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

15

16         Section 1.  Section 259.202, Florida Statutes, is

17  created to read:

18         259.202  Florida Forever Act.--

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

20  "Florida Forever Act."

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

22  declares that:

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

24  contributes to degradation of water resources, destruction of

25  wildlife habitats, loss of recreation space, and diminishment

26  of wetlands and forests and requires that additional sources

27  of water be available in the future.

28         (b)  The Preservation 2000 Program provided tremendous

29  financial resources for purchasing environmentally significant

30  lands to protect those lands from imminent development,

31

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    Florida Senate - 1999                            CS for SB 908
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  1  thereby assuring present and future generations access to

  2  important open spaces and recreation and conservation lands.

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

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

  5  and to extend funding and bonding capabilities so that future

  6  generations may enjoy the natural resources of Florida

  7  forever.

  8         (d)  Although the Florida Forever Program authorizes

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

10  type acquired through the Preservation 2000 Program, the

11  Florida Forever Program will focus on priority needs of the

12  state for acquiring parcels to restore and preserve water

13  quality, facilitate ecosystem management, water resource

14  development, the implementation of surfacewater improvement

15  and management plans, and the provision of green space and

16  recreation opportunities.

17         (e)  To ensure sufficient funding for land management,

18  payments in lieu of taxes, and related activities, revenues

19  from documentary stamp tax proceeds deposited into the Water

20  Management Lands Trust Fund and the Conservation and

21  Recreation Lands Trust Fund may not be used for land

22  acquisition. The Legislature intends that the Florida Forever

23  Program supplant the acquisition programs formerly authorized

24  under ss. 259.032 and 373.59. The Legislature shall review, by

25  July 1, 2005, the need for funds to be available for land

26  acquisition from the Water Management Lands Trust Fund after

27  2010, and take appropriate action to provide funding to meet

28  anticipated needs.

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

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

31  of funding reserve accounts, and other costs incurred with

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

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

  3  Environmental Protection shall distribute the bond proceeds as

  4  follows:

  5         (a)  Thirty-five percent to the Florida Forever

  6  Commission, created pursuant to s. 259.2021, for the purchase

  7  of public lands described in s. 259.032, using the procedures

  8  set out in that statute. In the acquisition of lands pursuant

  9  to this paragraph, priority shall be given to acquisitions

10  that, when combined with previous acquisitions, will form more

11  complete patterns of protection for natural areas and

12  functioning ecosystems. All lands acquired under this

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

14  be used for water resource development projects if such

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

16  resource development projects may include aquifer storage and

17  recovery facilities, surface water reservoirs, and other

18  alternative water resource development activities. As provided

19  in this paragraph, permittable water resource development

20  projects may be allowed only if:  the minimum flows and levels

21  have been established for those waters potentially affected by

22  the project; the project complies with all conditions for the

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

24  project is consistent with the regional water supply plan of

25  the water management district.

26         (b)  Thirty percent to the Department of Environmental

27  Protection for the purchase of water management lands pursuant

28  to s. 373.59, to be distributed among the water management

29  districts as provided in s. 373.597. Funds received by each

30  district may also be used for:  acquisition of lands necessary

31  to implement surfacewater improvement and management plans

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  1  approved in accordance with s. 373.456 and which exist on July

  2  1, 2000; water resource development; water supply development;

  3  or acquisition of lands necessary to implement ecosystem

  4  restoration projects. Of this thirty percent, at least

  5  one-third must be used for water resource development

  6  projects. The South Florida Water Management District must use

  7  at least 20 percent of its annual allocation for Everglades

  8  restoration activities.

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

10  Affairs for use by the Florida Communities Trust for the

11  purposes of part III of chapter 380, grants to local

12  governments or nonprofit environmental organizations that are

13  tax exempt under s. 501(c)(3) of the United States Internal

14  Revenue Code for the acquisition of community-based, urban

15  open spaces, parks, and greenways to implement local

16  government comprehensive plans, and grants for fixed capital

17  outlay to construct facilities associated with public outdoor

18  recreation or open space projects. Of this 25 percent, 75

19  percent shall be matched by local governments on a

20  dollar-for-dollar basis. At least 10 percent and not more than

21  20 percent of the allocation must be used for fixed capital

22  outlay projects for improvements on lands acquired for

23  conservation or recreation. The Legislature intends that the

24  Florida Communities Trust emphasize funding projects in

25  low-income or otherwise disadvantaged communities. Up to 15

26  percent of the allocation should be used in localities in

27  which the project site is located in built-up commercial,

28  industrial, or mixed-use areas and functions to intersperse

29  congested urban core areas with open spaces. Local governments

30  may use federal grants or loans, private donations, or

31  environmental mitigation funds, including environmental

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  1  mitigation funds required pursuant to s. 338.250, for any part

  2  or all of any local match required for acquisitions funded

  3  through the Florida Communities Trust. Any lands purchased by

  4  nonprofit organizations using funds allocated under this

  5  paragraph must provide for such lands to remain permanently in

  6  public use through a reversion of title to local or state

  7  government, conservation easement, or other appropriate

  8  mechanism.

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

10  Wildlife Conservation Commission for the purchase of

11  inholdings, connections, and contiguous additions to lands

12  managed by the commission which are important to the

13  conservation of fish and wildlife. In developing its

14  recommendations for acquisition under this paragraph, priority

15  must be given to the purchase of inholdings.

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

17  Environmental Protection for the purchase of inholdings,

18  connections, and contiguous additions to state parks. As used

19  in this paragraph, the term "state park" means all real

20  property in the state under the jurisdiction, or which may

21  come under the jurisdiction, of the Division of Recreation and

22  Parks of the Department of Environmental Protection. In

23  developing its recommendations for acquisition under this

24  paragraph, priority must be given to the purchase of

25  inholdings.

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

27  Forestry of the Department of Agriculture and Consumer

28  Services to fund the acquisition of state forest inholdings,

29  connections, and contiguous additions pursuant to s. 589.07.

30  In developing its recommendations for acquisition under this

31

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  1  paragraph, priority must be given to the purchase of

  2  inholdings.

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

  4  Environmental Protection for the Florida Greenways and Trails

  5  Program to acquire greenways and trails or systems of

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

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

  8  the Florida National Scenic Trail, and to construct associated

  9  fixed capital outlay projects.

10

11  Up to ten percent of the funds allocated pursuant to

12  paragraphs (a), (b), and (d)-(g) may be used for fixed capital

13  outlay projects for improvements on lands acquired for

14  conservation or recreation.

15

16  Title to lands purchased by a water management district shall

17  be vested in the water management district. Title to lands

18  purchased with funds from the Florida Communities Trust may be

19  vested in the Board of Trustees of the Internal Improvement

20  Trust Fund or the acquiring local government. Title to all

21  other lands acquired with Florida Forever funds shall be

22  vested in the Board of Trustees of the Internal Improvement

23  Trust Fund.

24         (4)  PROJECT CRITERIA.--

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

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

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

28  least three of the following criteria, as determined pursuant

29  to paragraphs (b) and (c):

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

31  in imminent danger of being developed, losing significant

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

  2  multiple ownership of the land and may make acquisition more

  3  costly or less likely to be accomplished;

  4         2.  Compelling evidence exists that the land is likely

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

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

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

  8  likely to be paid on the bonds;

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

10  serves to protect or recharge ground water and protects other

11  valuable natural resources or provides space for

12  natural-resource-based recreation;

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

14  appraised value or less;

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

16  serves as habitat for endangered, threatened, or rare species;

17  serves to protect natural communities that are listed by the

18  Florida Natural Areas Inventory as critically imperiled,

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

20  natural communities; or will assist implementation of a state

21  or federal species recovery plan;

22         6.  A significant portion of the land serves to

23  preserve important archeological or historical sites;

24         7.  The acquisition is needed to implement a

25  surfacewater improvement and management plan in effect on July

26  1, 2000;

27         8.  The project will assist in water resource

28  development to meet the needs of humans and natural systems

29  anticipated in 2020;

30         9.  The project will assist in ecosystem restoration;

31

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  1         10.  The acquisition will implement an element from a

  2  plan developed by an ecosystem management team;

  3         11.  The project will significantly promote attainment

  4  of Class III water quality or higher;

  5         12.  The project will significantly reduce the

  6  pollution of surface water or groundwater;

  7         13.  The project is identified in a surface water

  8  improvement or management plan;

  9         14.  The project will improve or maintain water quality

10  in a waterbody designated as an Outstanding Florida Water;

11         15.  The acquisition has been identified by the Fish

12  and Wildlife Conservation Commission as part of a strategic

13  habitat conservation area; or

14         16.  The project will establish or expand a greenway or

15  recreational trail system.

16

17  Increased priority shall be given to acquisitions that, in

18  addition to meeting at least three of the criteria under

19  subparagraphs 1. through 16., will also provide long-term

20  protection for threatened or endangered species designated G-1

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

22  for those areas that are special locations for breeding and

23  reproduction.

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

25  Florida Forever Program, the Land Acquisition and Management

26  Advisory Council shall review that year's approved land

27  acquisition priority list and shall, by the first commission

28  meeting in February, present to the Florida Forever

29  Commission, established pursuant to s. 259.2021, for its

30  consideration and approval a listing of projects on the

31  priority list which meet three or more of the criteria

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  1  specified in paragraph (a). The commission may remove projects

  2  from the list and may reprioritize the list, but may not add

  3  projects. The list may be amended to include eligible projects

  4  that can be acquired at 85 percent of appraised value or less

  5  if such properties become available at a later date. In any

  6  county in which the total ad valorem tax exemptions due to

  7  government ownership exceed 37 percent of the county's total

  8  market value valuation, the council must consult with the

  9  county commission to obtain its recommendation regarding any

10  proposed acquisition. In such a circumstance, a project may

11  not be included on an acquisition list unless it is approved

12  by an extraordinary vote of a majority plus one. If a county's

13  total ad valorem tax exemptions due to government ownership

14  exceed 50 percent of the county's total market value

15  valuation, an affirmative vote of the county commission is

16  required before a project may be included on an acquisition

17  list.

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

19  Florida Forever Program, each water management district

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

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

22  a listing of projects from the plan which meet three or more

23  of the criteria specified in paragraph (a). The lists must be

24  presented to the commission for its consideration by its first

25  meeting in February. The commission may remove projects from

26  the lists and may reprioritize the lists, but may not add

27  projects. The lists may be amended to include projects that

28  can be acquired at 85 percent of appraised value or less if

29  such properties become available at a later date. In any

30  county in which the total ad valorem tax exemptions due to

31  government ownership exceed 37 percent of the county's total

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  1  market value valuation, the board must consult with the county

  2  commission to obtain its recommendation regarding any proposed

  3  acquisition. In such a circumstance, a project may not be

  4  included on an acquisition list unless it is approved by an

  5  extraordinary vote of a majority plus one. If a county's total

  6  ad valorem tax exemptions due to government ownership exceed

  7  50 percent of the county's total market value valuation, an

  8  affirmative vote of the county commission is required before a

  9  project may be included on an acquisition list.

10         2.  Each year that bonds are to be issued under the

11  Florida Forever Program, each water management district shall

12  propose a list of water resource development projects for

13  consideration and approval by the commission. Such lists shall

14  include proposals made by local governments within the

15  district and the district's recommendations regarding approval

16  of such projects. The total value of the list must comprise at

17  least one-third of the district's Florida Forever allocation.

18  The commission may remove projects from the lists and may

19  reprioritize the lists, but may not add projects.

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

21  additional criteria must be considered:

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

23  consistent with hazard mitigation and postdisaster

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

25  and property and reduce the need for future disaster

26  assistance.

27         2.  The value of acquiring beachfront parcels,

28  irrespective of size, to provide public access and

29  recreational opportunities in highly developed urban areas.

30         3.  The value of acquiring identified parcels the

31  development of which would adversely affect coastal resources.

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  1

  2  When a nonprofit environmental organization that is tax exempt

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

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

  5  shall be deemed to meet three or more of the criteria listed

  6  in paragraph (a) if such land meets three or more of the

  7  criteria at the time the organization purchases it. Listings

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

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

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

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

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

13         (f)  The Legislature finds that the Preservation 2000

14  Program has provided financial resources that have enabled the

15  acquisition of significant natural areas for public ownership

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

17  Forever Program, agencies that receive funds are encouraged to

18  coordinate their expenditures more effectively so that future

19  acquisitions, when combined with previous acquisitions, will

20  form more complete patterns of protection for natural areas

21  and functioning ecosystems.

22         (g)  The Legislature intends that, in implementing the

23  Florida Forever Program, agencies emphasize the completion of

24  projects in which one or more parcels have already been

25  acquired and the acquisition of lands that contain ecological

26  resources that are unrepresented or underrepresented on lands

27  currently in public ownership.

28         (h)  An assessment of appropriate management strategies

29  for property acquired under the Florida Forever Program should

30  be completed early in the acquisition process and should

31  emphasize the development of a management prospectus that

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

  2  timetable for implementing the various stages of management

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

  4  provisions for protecting existing infrastructure and for

  5  ensuring the security of the project upon acquisition; the

  6  anticipated costs of management and projected sources of

  7  revenue; and other information required under s.

  8  259.032(9)(b)1.

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

10  funds received by the Division of Forestry from the Florida

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

12  acquiring lands in furtherance of outdoor recreation and the

13  conservation of natural resources in this state. The

14  administration and use of any funds received by the Division

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

16  the terms and conditions imposed by the state agency

17  responsible for issuing the revenue bonds, the proceeds of

18  which are deposited in the Florida Forever Trust Fund,

19  including the restrictions imposed to ensure that interest on

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

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

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

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

24  with funds received by the Division of Forestry from the

25  Florida Forever Trust Fund must contain covenants and

26  restrictions sufficient to ensure that the use of such real

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

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

29  Florida, as amended; and must contain reverter clauses

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

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

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

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

  3  conveyed thereby for such purposes.

  4         (6)  DISPOSITION OF LANDS.--

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

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

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

  8  of the Board of Trustees of the Internal Improvement Trust

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

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

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

12  water management district in accordance with the procedures

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

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

15         (b)  Land acquired for conservation purposes may be

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

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

18  district lands, by the owning water management district

19  governing board, makes a determination that preservation of

20  the land is no longer necessary for conservation purposes and

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

22  board. Following a determination by the governing board that

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

24  governing board must also make a determination that the land

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

26  253.034(6), or determined to be surplus under s. 373.089. Any

27  lands eligible for disposal under these procedures also may be

28  exchanged for other lands described in the same paragraph of

29  subsection (3).

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

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

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

  2  on any revenue bonds issued to fund the Florida Preservation

  3  2000 Act or the Florida Forever Act to lose their exclusion

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

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

  6  used for any purpose except for deposit into the Florida

  7  Forever Trust Fund and used for land acquisition.

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

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

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

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

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

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

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

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

16  State Constitution, and any other incidental public or private

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

18  management district to be compatible with the purposes for

19  which such lands were acquired.

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

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

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

23  compatible with the purposes for which such lands were

24  acquired.

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

26  Environmental Protection, another appropriate state agency, or

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

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

29  or license would adversely affect the exclusion of the

30  interest on any revenue bonds issued to fund the acquisition

31

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

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

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

  4  Trustees of the Internal Improvement Trust Fund may adopt a

  5  plan for a specific geographic area which authorizes the

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

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

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

  9         (a)  The Legislature finds that, with increasing

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

11  develop creative techniques to maximize the use of acquisition

12  and management moneys. The Legislature also finds that the

13  state's environmental land-buying agencies should be

14  encouraged to augment their traditional, fee simple

15  acquisition programs by using alternatives to fee simple

16  acquisition techniques. The Legislature also finds that using

17  alternatives to fee simple acquisition by public land-buying

18  agencies will achieve the following public policy goals:

19         1.  Allow more lands to be brought under public

20  protection for preservation, conservation, and recreational

21  purposes at less expense using public funds.

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

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

24         3.  Reduce long-term management costs by allowing

25  private property owners to continue acting as stewards of the

26  land, where appropriate.

27

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

29  land-buying agencies develop programs to pursue alternatives

30  to fee simple acquisition and educate private landowners about

31  such alternatives and the benefits of such alternatives. It

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

  2  the water management districts spend a portion of their shares

  3  of Florida Forever bond proceeds to purchase eligible

  4  properties using alternatives to fee simple acquisition.

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

  6  agencies acquire lands in fee simple for public access and

  7  recreational activities. Lands protected using alternatives to

  8  fee simple acquisition techniques may not be accessible to the

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

10  the private landowners who retain interests in the lands.

11         (b)  The Land Acquisition and Management Advisory

12  Council and the water management districts shall identify,

13  within their acquisition plans, those projects that require a

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

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

16  necessary. The council and the water management districts may

17  use alternatives to fee simple acquisition to bring the

18  remaining projects in their acquisition plans under public

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

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

21  the purchase of development rights; conservation easements;

22  flowage easements; the purchase of timber rights, mineral

23  rights, or hunting rights; the purchase of agricultural

24  interests or silvicultural interests; land protection

25  agreements; fee simple acquisitions with reservations; or any

26  other acquisition technique that achieves the public policy

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

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

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

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

31  acquisitions with leaseback provisions do not qualify as an

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  1  alternative to fee simple acquisition under this subsection,

  2  although the department and the districts are encouraged to

  3  use such techniques where appropriate.

  4         (c)  The Department of Environmental Protection and

  5  each water management district shall implement initiatives to

  6  use alternatives to fee simple acquisition and educate private

  7  landowners about such alternatives. These initiatives must

  8  include at least two acquisitions each year by the department

  9  and each water management district which use alternatives to

10  fee simple acquisition.

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

12  sales comparison information has served as an impediment to

13  successfully implementing alternatives to fee simple

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

15  absence of direct comparable sales information, appraisals of

16  alternatives to fee simple acquisitions be based on the

17  difference between the full fee simple valuation and the value

18  of the interests remaining with the seller after acquisition.

19         (e)  The public agency that has been assigned

20  management responsibility shall inspect and monitor any

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

22  purchase agreement relating to such interest.

23         (10)  PRIORITY IF MATCHING FUNDS ARE

24  AVAILABLE.--Projects that are otherwise eligible for

25  acquisition under this section and for which matching funds

26  from local governments or other sources are available shall be

27  given increased priority.

28         (11)  PRIORITY FOR PROJECTS PRICED BELOW APPRAISED

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

30  acquisition under this section and for which the seller will

31

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  1  accept a price below the appraised value shall be given

  2  increased priority.

  3         Section 2.  Section 259.2021, Florida Statutes, is

  4  created to read:

  5         259.2021  Florida Forever Commission.--

  6         (1)  The Florida Forever Commission shall consist of

  7  nine members, who shall be private citizens. The Governor

  8  shall appoint the chairperson and four other members, each of

  9  whom must reside within the geographic area encompassed by a

10  water management district. Each district must be represented

11  by one commissioner. The President of the Senate and the

12  Speaker of the House of Representatives shall each appoint two

13  members. Commissioners shall serve four-year terms, beginning

14  on July 1. The commission must conduct its first meeting by

15  September 15, 2000.

16         (2)  The commission shall approve the expenditure of

17  funds allocated pursuant to s. 259.202(3)(a) and (b) for land

18  acquisition projects and water resource development projects.

19         (3)  In selecting water resource development projects

20  for funding, the commission shall evaluate proposals based on

21  the following criteria:

22         (a)  the cost-effectiveness and benefits of the

23  project; and

24         (b)  the environmental impacts associated with the

25  project.

26         (4)  The commission is directed to establish goals to

27  guide its expenditures for land acquisition projects,

28  ecosystem restoration projects and projects to implement

29  surface water improvement and management projects by February

30  15, 2001. The goals must be designed to produce specific,

31  measurable, results within a specified period of time. The

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  1  commission shall give priority to projects which appear likely

  2  to implement its goals.

  3         (5)  The Department of Environmental Protection shall

  4  provide staff to the commission, including the provision of

  5  any necessary legal, financial, or accounting services.

  6         (6)  Each member of the commission shall receive per

  7  diem and expenses for travel, as provided in s. 112.061, while

  8  carrying out the official business of the commission.

  9         (7)  No person shall be appointed to the commission who

10  in the twenty-four months preceding his or her term on the

11  commission has been a lobbyist as defined in s. 112.3148 for

12  an entity whose interests may be affected by projects approved

13  by the commission.

14         (8)  The commission shall evaluate its success in

15  attaining its goals and report its findings to the Governor,

16  President of the Senate, and Speaker of the House of

17  Representatives by July 1, 2004.

18         Section 3.  Section 201.15, Florida Statutes, 1998

19  Supplement, is amended to read:

20         201.15  Distribution of taxes collected.--All taxes

21  collected under this chapter shall be subject to the service

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

23  follows:

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

25  the remaining taxes collected under this chapter shall be used

26  for the following purposes:

27         (a)  Subject to the maximum amount limitations set

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

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

30  rebate obligations, or other amounts with respect to bonds

31  issued pursuant to s. 375.051 and payable from moneys

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  1  transferred to the Land Acquisition Trust Fund pursuant to

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

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

  4  purposes. The amount transferred to the Land Acquisition Trust

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

  6  $120 million in fiscal year 1993-1994, $150 million in fiscal

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

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

  9  1997-1998, $270 million in fiscal year 1998-1999, and $300

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

11  series of bonds may be issued pursuant to this paragraph

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

13  specifically appropriated in the General Appropriations Act.

14  No moneys transferred to the Land Acquisition Trust Fund

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

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

17  revenue bonds.

18         (b)  Subject to the maximum amount limitations set

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

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

21  obligations, or other amounts with respect to bonds issued

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

23  XII of the State Constitution and payable from moneys

24  transferred to the Florida Forever Trust Fund pursuant to this

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

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

27  purposes. The amount transferred to the Florida Forever Trust

28  Fund may not exceed $30 million in fiscal year 2000-2001, $60

29  million in fiscal year 2001-2002, $90 million in fiscal year

30  2002-2003, $120 million in fiscal year 2003-2004, $150 million

31  in fiscal year 2004-2005, $180 million in fiscal year

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  1  2005-2006, $210 million in fiscal year 2006-2007, $240 million

  2  in fiscal year 2007-2008, $270 million in fiscal year

  3  2008-2009, and $300 million in fiscal year 2009-2010 and

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

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

  6  such bonds is specifically appropriated in the General

  7  Appropriations Act. Moneys transferred to the Florida Forever

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

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

10  Coast revenue bonds.

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

12  this subsection, after the required payment under paragraphs

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

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

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

16  Acquisition Trust Fund may lawfully be used. Payments made

17  under this paragraph shall continue until the cumulative

18  amount credited to the Land Acquisition Trust Fund for the

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

20  70 percent of the current official forecast for distributions

21  of taxes collected under this chapter pursuant to subsection

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

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

24  Revenue Estimating Conference. If the current official

25  forecast for a fiscal year changes after payments under this

26  paragraph have ended during that fiscal year, no further

27  payments are required under this paragraph during the fiscal

28  year.

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

30  this subsection, after the required payments under paragraphs

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

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

  2  used and expended for the purposes for which the General

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

  4  Management and Restoration Trust Fund as provided in

  5  subsection (9)(8).

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

  7  remaining taxes collected under this chapter shall be used for

  8  the following purposes:

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

10  for a fiscal year under paragraph (1)(c) (1)(b), available

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

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

13  for the purposes for which the General Revenue Fund was

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

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

16  Payments made under this paragraph shall continue until the

17  cumulative amount credited to the General Revenue Fund for the

18  fiscal year under this paragraph equals the cumulative

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

20  fiscal year.

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

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

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

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

25  which funds deposited in the Land Acquisition Trust Fund may

26  lawfully be used.

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

28  remaining taxes collected under this chapter shall be paid

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

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

31  this section shall be used for the following purposes:

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

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

  3  to acquire coastal lands; and

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

  5  develop and manage lands acquired with moneys from the Land

  6  Acquisition Trust Fund.

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

  8  the remaining taxes collected under this chapter shall be paid

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

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

11  any purpose authorized in s. 373.59, except for the

12  acquisition of land.

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

14  remaining taxes collected under this chapter shall be paid

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

16  Recreation Lands Trust Fund to carry out the purposes set

17  forth in s. 259.032 except for the acquisition of land. Of

18  this 5.84 percent, 0.7 percent shall be transferred to the

19  State Game Trust Fund and used for land management activities.

20  These moneys are in addition to moneys received pursuant to s.

21  259.032(11).

22         (6)  Two percent of the remaining taxes collected under

23  this chapter shall be paid into the State Treasury to the

24  credit of the Surface Water Improvement and Management Trust

25  Fund and shall be used by the water management districts for

26  fixed capital outlay projects, including wastewater treatment

27  and stormwater management facilities, for implementing

28  surfacewater improvement and management plans in effect on

29  July 1, 2000.

30         (7)(6)  Seven and fifty-three hundredths percent of the

31  remaining taxes collected under this chapter shall be paid

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

  2  Trust Fund and shall be used as follows:

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

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

  5  by law.

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

  7  Treasury to the credit of the Local Government Housing Trust

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

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

10         (8)(7)  Eight and sixty-six hundredths percent of the

11  remaining taxes collected under this chapter shall be paid

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

13  Trust Fund and shall be used as follows:

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

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

16  by the Department of Community Affairs and by the Florida

17  Housing Finance Agency for the purposes for which the State

18  Housing Trust Fund was created and exists by law.

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

20  shall be distributed to the Local Government Housing Trust

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

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

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

24  and local services to assist the homeless.

25         (9)(8)  From the moneys specified in paragraphs (1)(d)

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

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

28  Treasury to the credit of the Ecosystem Management and

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

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

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

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

  2  ss. 161.091-161.212.

  3         (10)(9)  The Department of Revenue may use the payments

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

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

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

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

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

  9  which is payments credited to that trust fund under this

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

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

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

13         Section 4.  Paragraph (a) of subsection (5) of section

14  253.027, Florida Statutes, is amended to read:

15         253.027  Emergency archaeological property

16  acquisition.--

17         (5)  ACCOUNT EXPENDITURES.--

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

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

20  survey costs, unless:

21         1.  The property is an archaeological property of major

22  statewide significance.

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

24  historic significance, will be irretrievably lost if the state

25  cannot acquire the property.

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

27  the Conservation and Recreation Lands or for Florida Forever

28  lands, acquisition list or complies with the criteria for

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

30  the list.

31

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  1         4.  No other source of immediate funding is available

  2  to purchase or otherwise protect the property.

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

  4  state, or federal laws.

  5         6.  The acquisition is not inconsistent with the state

  6  comprehensive plan and the state land acquisition program.

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

  8  Statutes, 1998 Supplement, is amended, present subsection (9)

  9  is redesignated as subsection (10), and a new subsection (9)

10  is added to that section, to read:

11         253.034  State-owned lands; uses.--

12         (3)  In recognition that recreational trails purchased

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

14  259.202(3)(g) have had historic transportation uses and that

15  their linear character may extend many miles, the Legislature

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

17  after balancing the need to protect trail users from

18  collisions with automobiles and a preference for the use of

19  overpasses and underpasses to the greatest extent feasible and

20  practical, transportation uses shall be allowed to cross

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

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

23  location and design should consider and mitigate the impact on

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

25  shall be paid based on fair market value.

26         (9)  The following additional uses of lands acquired by

27  the state pursuant to the Florida Forever Program and other

28  state-funded land purchase programs shall be authorized if

29  they meet the criteria specified in paragraphs (a) through

30  (e):  water resource development projects, water supply

31  development projects, stormwater management projects, linear

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  1  facilities, and sustainable agriculture and forestry. For

  2  purposes of this provision, linear facilities shall not

  3  include petroleum product pipelines, paved roads, rail

  4  corridors, or other facilities for motorized vehicles not

  5  serving a use designated in the management plan or ancillary

  6  to the uses described above. However, the policy adopted by

  7  the Board of Trustees of the Internal Improvement Trust Fund

  8  on January 23, 1996, relating to linear facilities shall

  9  govern transportation uses. The uses described above are

10  authorized:

11         (a)  Where not inconsistent with the management plan

12  for such lands;

13         (b)  Where compatible with the natural ecosystem and

14  resource values of such lands;

15         (c)  Where the proposed use is appropriately located on

16  such lands;

17         (d)  Where the using entity reasonably compensates the

18  title holder for such use based upon an appropriate measure of

19  value; and

20         (e)  Where the use provides a public benefit.

21

22  Money received from the use of state lands pursuant to this

23  section shall be deposited into the Conservation and

24  Recreation Lands Trust Fund to the account of the managing

25  agency to be used for management of lands from the program

26  from which the original purchase moneys came, as appropriated

27  by the Legislature.

28         Section 6.  Subsections (3), (8), and (10), paragraph

29  (b) of subsection (9), paragraphs (b), (c), and (f) of

30  subsection (11), and subsections (12), (13), (14), (15), and

31

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  1  (16) of section 259.032, Florida Statutes, 1998 Supplement,

  2  are amended to read:

  3         259.032  Conservation and Recreation Lands Trust Fund;

  4  purpose.--

  5         (3)  The Florida Forever Commission Governor and

  6  Cabinet, sitting as the Board of Trustees of the Internal

  7  Improvement Trust Fund, may allocate moneys from the Florida

  8  Forever Trust Fund in any one year to acquire the fee or any

  9  lesser interest in lands for the following public purposes:

10         (a)  To conserve and protect environmentally unique and

11  irreplaceable lands that contain native, relatively unaltered

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

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

14  area;

15         (b)  To conserve and protect lands within designated

16  areas of critical state concern, if the proposed acquisition

17  relates to the natural resource protection purposes of the

18  designation;

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

20  endangered or threatened species, emphasizing long-term

21  protection for endangered or threatened species designated G-1

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

23  those areas that are special locations for breeding and

24  reproduction;

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

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

27  conservation of such lands is necessary to enhance or protect

28  significant surface water, groundwater, coastal, recreational,

29  timber, or fish or wildlife resources which cannot otherwise

30  be accomplished through local and state regulatory programs;

31

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  1         (e)  To provide areas, including recreational trails,

  2  for natural resource based recreation and other outdoor

  3  recreation on any part of any site compatible with

  4  conservation purposes;

  5         (f)  To preserve significant archaeological or historic

  6  sites; or

  7         (g)  To conserve urban open spaces suitable for

  8  greenways or outdoor recreation which are compatible with

  9  conservation purposes.

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

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

12  and related rules and shall be acquired in accordance with

13  acquisition procedures for state lands provided for in s.

14  259.041, except as otherwise provided by the Legislature. An

15  inholding, connection, or an addition to a project selected

16  for purchase pursuant to this chapter or s. 259.035 is not

17  subject to the selection procedures of s. 259.035 if the

18  estimated value of such inholding or addition does not exceed

19  $500,000. When at least 90 percent of the acreage of a project

20  has been purchased pursuant to this chapter or s. 259.035, the

21  project may be removed from the list and the remaining acreage

22  may continue to be purchased. Moneys from the fund may be used

23  for title work, appraisal fees, environmental audits, and

24  survey costs related to acquisition expenses for lands to be

25  acquired, donated, or exchanged which qualify under the

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

27  When the Legislature has authorized the Department of

28  Environmental Protection to condemn a specific parcel of land

29  and such parcel has already been approved for acquisition

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

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

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

  2  including a reasonable attorney's fee, associated with

  3  condemnation.

  4         (9)

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

  6  Florida Forever Conservation and Recreational Lands list of

  7  acquisition projects by the Florida Forever Commission

  8  pursuant to s. 259.202(4)(b) s. 259.035, the board of trustees

  9  shall adopt a management prospectus for each project. The

10  management prospectus shall delineate: the management goals

11  for the property; the conditions that will affect the

12  intensity of management; an estimate of the revenue-generating

13  potential of the property, if appropriate; a timetable for

14  implementing the various stages of management and for

15  providing access to the public, if applicable; provisions for

16  protecting existing infrastructure and for ensuring the

17  security of the project upon acquisition; the anticipated

18  costs of management and projected sources of revenue,

19  including legislative appropriations, to fund management

20  needs; recommendations as to how many employees will be needed

21  to manage the property; and recommendations as to whether

22  local governments, volunteer groups, the former landowner, or

23  other interested parties can be involved in the management.

24         2.  Concurrent with the approval of the acquisition

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

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

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

28  appropriate, the management policy statement for the project

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

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

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

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

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

  3  Board of Trustees of the Internal Improvement Trust Fund shall

  4  first consider having a soil and water conservation district,

  5  created pursuant to chapter 582, manage and monitor such

  6  interests.

  7         3.  State agencies designated to manage lands acquired

  8  under this chapter may contract with local governments and

  9  soil and water conservation districts to assist in management

10  activities, including the responsibility of being the lead

11  land manager.  Such land management contracts may include a

12  provision for the transfer of management funding to the local

13  government or soil and water conservation district from the

14  Conservation and Recreation Lands Trust Fund in an amount

15  adequate for the local government or soil and water

16  conservation district to perform its contractual land

17  management responsibilities and proportionate to its

18  responsibilities, and which otherwise would have been expended

19  by the state agency to manage the property.

20         4.  Immediately following the acquisition of any

21  interest in lands under this chapter, the Department of

22  Environmental Protection, acting on behalf of the board of

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

24  assignment letter to be effective until the execution of a

25  formal lease.

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

27  or private entities designated to manage lands under this

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

29  board of trustees, an individual management plan for each

30  project designed to conserve and protect such lands and their

31  associated natural resources. Private sector involvement in

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  1  management plan development may be used to expedite the

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

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

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

  5  this advisory group shall include, at a minimum,

  6  representatives of the lead land managing agency, comanaging

  7  entities, local private property owners, the appropriate soil

  8  and water conservation district, a local conservation

  9  organization, and a local elected official.  The advisory

10  group shall conduct at least one public hearing within the

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

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

13  designated for management, advertised in a paper of general

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

15  governing body before the actual public hearing.  The

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

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

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

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

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

21  trustees. Such plans may include transfers of leasehold

22  interests to appropriate conservation organizations designated

23  by the Land Acquisition and Management Advisory Council for

24  uses consistent with the purposes of the organizations and the

25  protection, preservation, and proper management of the lands

26  and their resources. Volunteer management assistance is

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

28  youths participating in programs sponsored by state or local

29  agencies, by volunteers sponsored by environmental or civic

30  organizations, and by individuals participating in programs

31  for committed delinquents and adults. For each project for

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

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

  3  year after the essential parcel or parcels identified in the

  4  annual Florida Forever report or Conservation and Recreation

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

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

  7  of Environmental Protection shall distribute only 75 percent

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

  9  management district would otherwise be entitled from the

10  Florida Forever Trust Fund or the Preservation 2000 Trust Fund

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

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

13         (a)  Individual management plans shall conform to the

14  appropriate policies and guidelines of the state land

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

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

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

18  and the statutory authority for such use or uses.

19         2.  Key management activities necessary to preserve and

20  protect natural resources and restore habitat, and for

21  controlling the spread of nonnative plants and animals, and

22  for prescribed fire and other appropriate resource management

23  activities.

24         3.  A specific description of how the managing agency

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

26  use fragile, nonrenewable natural and cultural resources.

27         4.  A priority schedule for conducting management

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

29  acquired.

30

31

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  1         5.  A cost estimate for conducting priority management

  2  activities, to include recommendations for cost-effective

  3  methods of accomplishing those activities.

  4         6.  A cost estimate for conducting other management

  5  activities which would enhance the natural resource value or

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

  7  cost estimate shall include recommendations for cost-effective

  8  methods of accomplishing those activities.

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

10  consistent with the purposes for which the lands were

11  acquired.

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

13  each individual management plan for parcels which exceed 160

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

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

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

17  compliance with the requirements of this subsection and with

18  the requirements of the rules established by the board

19  pursuant to this subsection. The council shall also consider

20  the propriety of the recommendations of the managing agency

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

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

23  with its recommendations and comments, to the board of

24  trustees. The council shall specifically recommend to the

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

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

27         (c)  The board of trustees shall consider the

28  individual management plan submitted by each state agency and

29  the recommendations of the Land Acquisition and Management

30  Advisory Council and the Division of State Lands and shall

31  approve the plan with or without modification or reject such

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

  2  trustees which is not in accordance with an approved

  3  individual management plan is subject to termination by the

  4  board of trustees.

  5

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

  7  the water management districts, and each private entity

  8  designated to manage lands shall report to the Secretary of

  9  Environmental Protection on the progress of funding, staffing,

10  and resource management of every project for which the agency

11  or entity is responsible.

12         (11)

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

14  cumulative total of funds ever deposited into the Florida

15  Preservation 2000 Trust Fund and the Florida Forever Trust

16  Fund shall be made available from the Conservation and

17  Recreation Lands Trust Fund for the purposes of management,

18  maintenance, and capital improvements, and for associated

19  contractual services, for lands acquired pursuant to previous

20  programs for the acquisition of lands for conservation and

21  recreation, including state forests, and lands acquired

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

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

24  with management responsibilities shall annually request from

25  the Legislature funds sufficient to fulfill such

26  responsibilities. Capital improvements shall include, but need

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

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

29  primitive campsites, garbage receptacles, and toilets.

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

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

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  1  chapter and for associated contractual services, the managing

  2  agencies shall recognize the following categories of land

  3  management needs:

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

  5  basic resource management and protection, such as state

  6  reserves, state preserves, state forests, and wildlife

  7  management areas.  These lands generally are open to the

  8  public but have no more than minimum facilities development.

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

10  requiring more than basic resource management and protection,

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

12  generally have extra restoration or protection needs, higher

13  concentrations of public use, or more highly developed

14  facilities.

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

16  identified needs requiring unique site-specific resource

17  management and protection. These lands generally are sites

18  with historic significance, unique natural features, or very

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

20  to stabilize or protect resources.

21

22  In evaluating the management funding needs of lands based on

23  the above categories, the lead land managing agencies shall

24  include in their considerations the impacts of, and needs

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

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

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

28  invasive plant species on public lands.  Such goals shall

29  differentiate between aquatic plant species and upland plant

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

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

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  1  the functioning of natural systems. Notwithstanding paragraph

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

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

  4  reserved for control and removal of nonnative, upland,

  5  invasive species on public lands. In addition, one-fourth of

  6  the additional funds available for management pursuant to s.

  7  259.202(2)(e) shall be used by the agencies receiving those

  8  funds for the control and removal of nonnative, invasive

  9  aquatic plant species in waters of the state, and one-fourth

10  of the additional funds for management shall be transferred to

11  the State Game Trust Fund and used for lake restoration

12  activities.

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

14  than 3.75 percent of the Conservation and Recreation Lands

15  Trust Fund shall be made available annually to the department

16  for payment in lieu of taxes to qualifying counties, school

17  districts, cities, and local governments as defined in

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

19  of board of trustees acquisitions for state agencies under the

20  Florida Preservation 2000 Program and Florida Forever Program

21  during any year. Reserved funds not used for payments in lieu

22  of taxes in any year shall revert to the Florida Forever Trust

23  Fund to be used for land acquisition in accordance with the

24  provisions of this section.

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

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

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

28  completed Preservation 2000 and Florida Forever acquisitions

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

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

31

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

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

  3  concern designated pursuant to chapter 380 and to local

  4  governments within such counties.

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

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

  7  75,000 or less which do not contain all or a portion of an

  8  area of critical state concern designated under chapter 380

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

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

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

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

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

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

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

16

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

18  government" includes municipalities, the county school board,

19  mosquito control districts, and any other local government

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

21  of a water management district.

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

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

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

25  tax loss from all completed Preservation 2000 acquisitions in

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

27  value.

28         (d)  If insufficient funds are not sufficient available

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

30  school districts, cities, and local governments, such

31

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  1  counties, school districts, cities, and local governments

  2  shall receive a pro rata share of the moneys available.

  3         (e)  The payment amount shall be based on the average

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

  5  preceding acquisition, except that, for purchases completed

  6  after July 1, 2000, the payment amount to school boards in

  7  counties with a population of 75,000 or less which do not

  8  contain all or a portion of an area of critical state concern

  9  designated under chapter 380 shall be calculated based solely

10  on the value of the millage levied under s. 236.25(1) and (2).

11  Applications for payment in lieu of taxes shall be made no

12  later than January 31 of the year following acquisition. No

13  payment in lieu of taxes shall be made for properties which

14  were exempt from ad valorem taxation for the year immediately

15  preceding acquisition.  If property which was subject to ad

16  valorem taxation was acquired by a tax-exempt entity for

17  ultimate conveyance to the state under this chapter, payment

18  in lieu of taxes shall be made for such property based upon

19  the average amount of taxes paid on the property for the 3

20  years prior to its being removed from the tax rolls. The

21  department shall certify to the Department of Revenue those

22  properties that may be eligible under this provision.  Payment

23  in lieu of taxes shall be limited to a total of 10 consecutive

24  years of annual payments, beginning the year a local

25  government becomes eligible. The Legislature intends that once

26  a governmental entity has been determined eligible, the entity

27  shall receive 10 consecutive annual payments, and no further

28  eligibility determination shall be made during that period.

29         (f)  Payment in lieu of taxes pursuant to this

30  paragraph shall be made annually to qualifying counties,

31  school districts, cities, and local governments after

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  1  certification by the Department of Revenue that the amounts

  2  applied for are reasonably appropriate, based on the amount of

  3  actual taxes paid on the eligible property, and after the

  4  Department of Environmental Protection has provided supporting

  5  documents to the Comptroller and has requested that payment be

  6  made in accordance with the requirements of this section.

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

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

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

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

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

12  not used for management, maintenance, or capital improvements

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

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

15  (5) shall continue to be available for such purposes the

16  acquisition of land pursuant to this section.

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

18  define the categories of land for acquisition under this

19  chapter.

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

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

22  local governmental entities pursuant to the provisions of s.

23  375.075. This subsection is repealed on July 1, 1999.

24         (15)(16)  Within 180 days after receiving a certified

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

26  Recreation Lands list or the Florida Forever list objecting to

27  the property being included in an acquisition project, where

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

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

30  acquisition work plan, the commission board of trustees shall

31

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  1  delete the property from the list or from the boundary of an

  2  acquisition project on the list.

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

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

  5  amended to read:

  6         259.035  Advisory council; powers and duties.--

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

  8  board meeting of the Florida Forever Commission in February of

  9  each year, establish or update a list of acquisition projects

10  to be funded from the Florida Forever Trust Fund and selected

11  for purchase pursuant to this chapter. The council may also

12  propose eligible acquisition projects to the board of trustees

13  at any time if the projects can be acquired at a price at

14  least 15 percent below appraised value. In scoring potential

15  projects for inclusion on the acquisition list, the council

16  shall give greater consideration to projects that can serve as

17  corridors between lands already in public ownership or under

18  management for conservation and recreational purposes.

19  Acquisition projects shall be ranked, in order of priority,

20  individually as a single group or individually within 7 up to

21  10 separate groups, which must include substantially complete

22  projects, mega-multiparcels projects, less-than-fee projects,

23  priority projects, negotiations impasse, projects providing

24  long-term protection for threatened or endangered species, and

25  bargain or shared projects. The council shall submit to the

26  commission board of trustees, together with its list of

27  acquisition projects, a Florida Forever Conservation and

28  Recreation Lands report. For each project on an acquisition

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

30  purpose for acquiring the project, an identification of the

31  essential parcel or parcels within the project without which

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  1  the project cannot be properly managed, an identification of

  2  those projects or parcels within projects which should be

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

  4  explanation of the reasons why the council selected a

  5  particular acquisition technique, a management policy

  6  statement for the project, a management prospectus pursuant to

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

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

  9  brief description of the important natural and cultural

10  resources to be protected, preacquisition planning and

11  budgeting, coordination with other public and nonprofit

12  public-lands acquisition programs, a preliminary statement of

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

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

15  The Department of Environmental Protection shall prepare the

16  information required by this section for each acquisition

17  project selected for purchase pursuant to this chapter. In

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

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

20  acquisition list for which funds will be available for

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

22  disclose any information that is required by this chapter or

23  chapter 253 to remain confidential.

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

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

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

27  projects in terms of estimated cost as there are anticipated

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

29  include proposed costs for development of the lands necessary

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

31  purchased.

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  1         (c)  All proposals for acquisition projects pursuant to

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

  3  The council shall consider and evaluate in writing the merits

  4  and demerits of each project that is proposed for acquisition

  5  and shall ensure that each proposed acquisition project will

  6  meet a stated public purpose for the preservation of

  7  environmentally endangered lands, for the development of

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

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

10  project conforms with the comprehensive plan developed

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

12  recreation and conservation plan developed pursuant to s.

13  375.021, and the state lands management plan adopted pursuant

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

15  project proposed for acquisition shall be submitted to the

16  commission board of trustees. The council shall consider and

17  include in each project description its assessment of a

18  project's ecological value, vulnerability, endangerment,

19  ownership pattern, utilization, location, and cost and other

20  pertinent factors in determining whether to recommend a

21  project for state purchase.

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

23  338.250, Florida Statutes, is amended to read:

24         338.250  Central Florida Beltway Mitigation.--

25         (2)  Environmental mitigation required as a result of

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

27  satisfied in the following manner:

28         (a)  For those projects which the Department of

29  Transportation is authorized to construct, funds for

30  environmental mitigation shall be deposited in the Central

31  Florida Beltway Trust Fund created within the department at

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

  2  building authority other than the department is authorized to

  3  construct the project, funds for environmental mitigation

  4  shall be deposited in a mitigation fund account established in

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

  6  be established at the time bond proceeds are deposited into

  7  the construction fund for the specific project. These funds

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

  9  funds from bond proceeds for mitigation shall be deemed a

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

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

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

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

14  provided for mitigation for the Southern Connector shall be up

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

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

17  $1.46 million, and the amount to be provided for mitigation

18  for the Southern Connector Extension shall be in proportion to

19  the amount provided for the Southern Connector based upon the

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

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

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

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

24  the construction of the appropriate project. Where feasible,

25  mitigation funds shall be used in coordination with funds from

26  the Florida Forever Trust Fund, the Conservation and

27  Recreation Lands Trust Fund, the Save Our Rivers Land

28  Acquisition Program, or from other appropriate sources.

29         Section 9.  Section 373.59, Florida Statutes, 1998

30  Supplement, is amended to read:

31         373.59  Water Management Lands Trust Fund.--

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  1         (1)  There is established within the Department of

  2  Environmental Protection the Water Management Lands Trust Fund

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

  4  section. The moneys in this fund are hereby continually

  5  appropriated for the purposes of land acquisition, management,

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

  7  and administration of the fund in accordance with the

  8  provisions of this section.

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

10  file with the Legislature, the Florida Forever Commission, and

11  the Secretary of Environmental Protection a report of

12  acquisition activity together with modifications or additions

13  to its 5-year plan of acquisition.  Included in the report

14  shall be an identification of those lands which require a full

15  fee simple interest to achieve water management goals and

16  those lands which can be acquired using alternatives to fee

17  simple acquisition techniques and still achieve such goals.

18  In their evaluation of which lands would be appropriate for

19  acquisition through alternatives to fee simple, district staff

20  shall consider criteria including, but not limited to,

21  acquisition costs, the net present value of future land

22  management costs, the net present value of ad valorem revenue

23  loss to the local government, and the potential for revenue

24  generated from activities compatible with acquisition

25  objectives. The report shall also include a description of

26  land management activity. Expenditure of moneys from the Water

27  Management Lands Trust Fund shall be limited to the costs for

28  acquisition, management, maintenance, and capital improvements

29  of lands included within the 5-year plan as filed by each

30  district and to the department's costs of administration of

31  the fund. The department's costs of administration shall be

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  1  charged proportionally against each district's allocation

  2  using the formula provided in subsection (7). However, no

  3  acquisition of lands shall occur without a public hearing

  4  similar to those held pursuant to the provisions set forth in

  5  s. 120.54. In the annual update of its 5-year plan for

  6  acquisition, each district shall identify lands needed to

  7  protect or recharge groundwater and shall establish a plan for

  8  their acquisition as necessary to protect potable water

  9  supplies. Lands which serve to protect or recharge groundwater

10  identified pursuant to this paragraph shall also serve to

11  protect other valuable natural resources or provide space for

12  natural resource based recreation.

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

14  acquisition, management, maintenance, and capital improvements

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

16  acquisition plan of the district:

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

18  in the water conservation areas and areas adversely affected

19  by raising water levels of Lake Okeechobee in accordance with

20  present regulation schedules, and the Savannahs Wetland area

21  in Martin County and St. Lucie County.

22         2.  By Southwest Florida Water Management

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

24  Green Swamp, Upper Hillsborough and Cypress Creek, Anclote

25  Water Storage Lands (Starkey), Withlacoochee and Hillsborough

26  riverine corridors, and Sawgrass Lake addition.

27         3.  By St. Johns River Water Management

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

29  the upper St. Johns River Basin.

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

31  in Suwannee River Valley.

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  1         5.  By Northwest Florida Water Management

  2  District--lands in the Choctawhatchee and Apalachicola River

  3  Valleys.

  4         (3)  The Florida Forever Commission Each district shall

  5  remove the property of an unwilling seller from its plan of

  6  acquisition at the next scheduled update of the plan, if in

  7  receipt of a request to do so by the property owner.

  8         (4)(a)  Moneys from the Florida Forever Water

  9  Management Lands Trust Fund shall be used for acquiring the

10  fee or other interest in lands necessary for water management,

11  water supply, and the conservation and protection of water

12  resources, except that such moneys shall not be used for the

13  acquisition of rights-of-way for canals or pipelines.  Such

14  Moneys from the Water Management Lands Trust Fund shall also

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

16  Interests in real property acquired by the districts under

17  this section may be used for permittable water resource

18  development and water supply development purposes under the

19  following conditions: the minimum flows and levels of priority

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

21  complies with all conditions for issuance of a permit under

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

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

24  pursuant to this section with moneys from the fund shall be

25  managed and maintained in an environmentally acceptable manner

26  and, to the extent practicable, in such a way as to restore

27  and protect their natural state and condition.

28         (b)  The Secretary of Environmental Protection shall

29  release moneys from the Florida Forever Water Management Lands

30  Trust Fund to a district for preacquisition costs for projects

31  approved by the commission within 30 days after receipt of a

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  1  resolution adopted by the district's governing board which

  2  identifies and justifies any such preacquisition costs

  3  necessary for the purchase of any lands listed in the

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

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

  6  resolution, and the department shall deposit the unused funds

  7  into the Florida Forever Water Management Lands Trust Fund.

  8         (c)  The Secretary of Environmental Protection shall

  9  release acquisition moneys from the Florida Forever Water

10  Management Lands Trust Fund to a district for a project

11  approved by the commission following receipt of a resolution

12  adopted by the governing board identifying the lands being

13  acquired and certifying that such acquisition is consistent

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

15  The governing board shall also provide to the Secretary of

16  Environmental Protection a copy of all certified appraisals

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

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

19  appraisals are required when the estimated value of the parcel

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

21  $500,000 and differ significantly, a third appraisal may be

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

23  price, the governing board shall submit written justification

24  for the increased price. The Secretary of Environmental

25  Protection may withhold moneys for any purchase that is not

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

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

28  appeal any denial to the Land and Water Adjudicatory

29  Commission pursuant to s. 373.114.

30         (d)  The Secretary of Environmental Protection shall

31  release moneys from the Florida Forever Trust Fund to a

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  1  district for a water resource development project following

  2  receipt of a resolution adopted by the governing board

  3  identifying the project and certifying its approval by the

  4  commission.

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

  6  release to the districts moneys from the Water Management

  7  Lands Trust Fund for management, maintenance, and capital

  8  improvements following receipt of a resolution and request

  9  adopted by the governing board which specifies the designated

10  managing agency, specific management activities, public use,

11  estimated annual operating costs, and other acceptable

12  documentation to justify release of moneys.

13         (5)  Water management land acquisition costs shall

14  include payments to owners and costs and fees associated with

15  such acquisition.

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

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

18  the Water Management Lands Trust Fund as security for such

19  bonds or notes. The Department of Environmental Protection

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

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

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

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

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

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

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

27         (6)  No funds may be used pursuant to this section

28  until necessary debt service obligations are provided for any

29  bonds issued pursuant to s. 373.584 before the repeal of that

30  section.

31

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

  2  Water Management Lands Trust Fund fund shall accumulate in the

  3  trust fund to the credit of that district.  Interest earned on

  4  such portion shall also accumulate to the credit of that

  5  district to be used for land acquisition, management,

  6  maintenance, and capital improvements as provided in this

  7  section.  The total moneys over the life of the fund available

  8  to any district under this section shall not be reduced except

  9  by resolution of the district governing board stating that the

10  need for the moneys no longer exists.

11         (8)  Moneys from the Water Management Lands Trust Fund

12  shall be allocated to the five water management districts in

13  the following percentages:

14         (a)  Thirty percent to the South Florida Water

15  Management District.

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

17  Management District.

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

19  Management District.

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

21  District.

22         (e)  Ten percent to the Northwest Florida Water

23  Management District.

24         (9)  Each district may use its allocation under

25  subsection (8) for management, maintenance, and capital

26  improvements. Capital improvements shall include, but need not

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

28  invasive exotic species, controlled burning, habitat inventory

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

30  minimal public accommodations, such as primitive campsites,

31  garbage receptacles, and toilets.

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  1         (10)  Moneys in the Water Management Lands Trust Fund

  2  fund not needed to meet current obligations incurred under

  3  this section shall be transferred to the State Board of

  4  Administration, to the credit of the fund, to be invested in

  5  the manner provided by law.  Interest received on such

  6  investments shall be credited to the fund.

  7         (11)  Lands acquired for the purposes enumerated in

  8  this section shall also be used for general public

  9  recreational purposes.  General public recreational purposes

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

11  horseback riding, swimming, camping, hiking, canoeing,

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

13  outdoor activities to the maximum extent possible considering

14  the environmental sensitivity and suitability of those lands.

15  These public lands shall be evaluated for their resource value

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

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

18  public recreational purposes. Such findings must shall be

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

20  such public lands within 1 year after acquisition and updated

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

22  to the public for these purposes, unless the district

23  governing board can demonstrate that such activities would be

24  incompatible with the purposes for which these lands were

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

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

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

28  will be used for agricultural purposes, the district governing

29  board shall first consider having a soil and water

30  conservation district created pursuant to chapter 582 manage

31  and monitor such interest.

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  1         (12)  A district may dispose of land acquired under

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

  3  Revenue derived from such disposal may not be used for any

  4  purpose specified except the purchase of other lands meeting

  5  the criteria specified in this section or payment of debt

  6  service on revenue bonds or notes issued under s. 373.584, as

  7  provided in this section.

  8         (13)  No moneys generated pursuant to this act may be

  9  applied or expended subsequent to July 1, 1985, to reimburse

10  any district for prior expenditures for land acquisition from

11  ad valorem taxes or other funds other than its share of the

12  funds provided herein or to refund or refinance outstanding

13  debt payable solely from ad valorem taxes or other funds other

14  than its share of the funds provided herein.

15         (14)(a)  Funds from the Water Management Lands Trust

16  Fund shall be available Beginning in fiscal year 1992-1993,

17  not more than one-fourth of the land management funds provided

18  for in subsections (1) and (9) in any year shall be reserved

19  annually by a governing board, during the development of its

20  annual operating budget, for payment in lieu of taxes to

21  qualifying counties, school districts, cities, and local

22  governments, as defined in paragraph (b), for actual ad

23  valorem tax losses incurred as a result of lands purchased

24  with funds allocated pursuant to paragraph (b) and ss s.

25  259.101(3)(b) and 259.202(3)(c). In addition, the Northwest

26  Florida Water Management District, the South Florida Water

27  Management District, the Southwest Florida Water Management

28  District, the St. Johns River Water Management District, and

29  the Suwannee River Water Management District shall pay to

30  qualifying counties payments in lieu of taxes for district

31  lands acquired with funds allocated pursuant to subsection

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  1  (8). Reserved funds that are not used for payment in lieu of

  2  taxes in any year shall revert to the fund to be used for

  3  management purposes or land acquisition in accordance with

  4  this section.

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

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

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

  8  loss from all completed Preservation 2000 or Florida Forever

  9  acquisitions in the county exceeds 0.01 percent of the

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

11  less. and

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

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

14  concern designated pursuant to chapter 380, and to local

15  governments within such counties.

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

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

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

19  concern designated under chapter 380 and which levy the

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

21

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

23  includes municipalities, the county school board, mosquito

24  control districts, and any other local government entity that

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

26  management district.

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

28  city that has a population of 10,000 or less and that levies

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

30  tax loss from all completed Preservation 2000 acquisitions in

31

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

  2  taxable value.

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

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

  5  counties, school districts, cities, and local governments,

  6  such counties, school districts, cities, and local governments

  7  shall receive a pro rata share of the moneys available.

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

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

10  years immediately preceding acquisition, except that, for

11  purchases completed after July 1, 2000, the payment amount to

12  school boards in counties with a population of 75,000 or less

13  which do not contain all or a portion of an area of critical

14  state concern designated under chapter 380 shall be calculated

15  based solely on the value of the millage levied under s.

16  236.25(1) and (2). For lands purchased prior to July 1, 1992,

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

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

19  1, 1992, applications for payment in lieu of taxes shall be

20  made no later than January 31 of the year following

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

22  properties that which were exempt from ad valorem taxation for

23  the year immediately preceding acquisition.  Payment in lieu

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

25  of annual payments. The Legislature intends that once a

26  governmental entity has been determined eligible, the entity

27  shall receive 10 consecutive annual payments, and no further

28  eligibility determination shall be made within that period.

29  However, no governmental entity shall receive more than 10

30  payments.

31

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  1         (f)(e)  Payment in lieu of taxes shall be made within

  2  30 days after: certification by the Department of Revenue that

  3  the amounts applied for are appropriate, certification by the

  4  Department of Environmental Protection that funds are

  5  available, and completion of any fund transfers to the

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

  7  payment in lieu of taxes to any county, school district, city,

  8  or local government by the amount of other payments, grants,

  9  or in-kind services provided to that governmental entity

10  county by the district during the year. The amount of any

11  reduction in payments shall remain in the Water Management

12  Lands Trust Fund for purposes provided by law.

13         (g)(f)  If a district governing board conveys to a

14  local government title to any land owned by the board, any

15  payments in lieu of taxes on the land made to the local

16  government shall be discontinued as of the date of the

17  conveyance.

18         (15)  Each district is encouraged to use volunteers to

19  provide land management and other services.  Volunteers shall

20  be covered by liability protection and workers' compensation

21  in the same manner as district employees, unless waived in

22  writing by such volunteers or unless such volunteers otherwise

23  provide equivalent insurance.

24         (16)  Each water management district is authorized and

25  encouraged to enter into cooperative land management

26  agreements with state agencies or local governments to provide

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

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

29  the Internal Improvement Trust Fund, or local governments hold

30  title. Any such cooperative land management agreement must be

31  consistent with any applicable laws governing land use,

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  1  management duties, and responsibilities and procedures of each

  2  cooperating entity. Each cooperating entity is authorized to

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

  4  management on any such lands included in a cooperative land

  5  management agreement.

  6         (17)  Notwithstanding any provision of this section to

  7  the contrary and for the 1998-1999 fiscal year only, the

  8  governing board of a water management district may request,

  9  and the Secretary of Environmental Protection shall release

10  upon such request, moneys allocated to the districts pursuant

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

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

13  pursuant to this subsection until necessary debt service

14  obligations and requirements for payments in lieu of taxes

15  that may be required pursuant to this section are provided

16  for. This subsection is repealed on July 1, 1999.

17         Section 10.  Subsections (16) and (17) are added to

18  section 380.503, Florida Statutes, to read:

19         380.503  Definitions.--As used in ss. 380.501-380.515,

20  unless the context indicates a different meaning or intent:

21         (16)  "Metropolitan" means a population area consisting

22  of a central city; adjacent cities and smaller surrounding

23  communities; or a major urban area and its environs.

24         (17)  "Urban area" means an area of or for development

25  characterized by social, economic, and institutional

26  activities that are predominantly based on the manufacture,

27  production, distribution, or provision of goods and services,

28  in a setting that typically includes residential and

29  nonresidential development uses other than those

30  characteristic of rural areas.

31

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  1         Section 11.  Subsection (1) of section 380.504, Florida

  2  Statutes, is amended to read:

  3         380.504  Florida Communities Trust; creation;

  4  membership; expenses.--

  5         (1)  There is created within the Department of

  6  Community Affairs a nonregulatory state agency and

  7  instrumentality, which shall be a public body corporate and

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

  9  governing body of the trust shall consist of:

10         (a)  The Secretary of Community Affairs, and the

11  Secretary of Environmental Protection, and the director of the

12  Division of Historical Resources in the Department of State;

13  and

14         (b)  Four Three public members whom the Governor shall

15  appoint, subject to Senate confirmation.

16

17  The Governor shall appoint a former elected official of a

18  county local government, a former elected official of a

19  metropolitan municipal government, a representative of a

20  nonprofit organization as defined in this part, and a

21  representative of the development industry. The Secretary of

22  Community Affairs may designate his or her assistant secretary

23  or the director of the Division of Community Resource Planning

24  and Management to serve in his or her absence. The Secretary

25  of Environmental Protection may appoint his or her deputy

26  secretary assistant executive director, the deputy assistant

27  director for Land Resources, the director of the Division of

28  State Lands, or the director of the Division of Recreation and

29  Parks to serve in his or her absence. The Secretary of

30  Community Affairs shall be the chair of the governing body of

31  the trust. The Governor shall make his or her appointments

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  1  upon the expiration of any current terms or within 60 days

  2  after the effective date of the resignation of any member.

  3         Section 12.  Subsection (11) of section 380.507,

  4  Florida Statutes, is amended to read:

  5         380.507  Powers of the trust.--The trust shall have all

  6  the powers necessary or convenient to carry out the purposes

  7  and provisions of this part, including:

  8         (11)  To make rules necessary to carry out the purposes

  9  of this part and to exercise any power granted in this part,

10  pursuant to the provisions of chapter 120. The trust shall

11  adopt rules governing the acquisition of lands by local

12  governments or the trust using proceeds from the Preservation

13  2000 Trust Fund and the Florida Forever Trust Fund consistent

14  with the intent expressed in the Florida Forever Act. Such

15  rules must include, but are not limited to, procedures for

16  appraisals and confidentiality consistent with ss.

17  125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of

18  determining a maximum purchase price, and procedures to assure

19  that the land is acquired in a voluntarily negotiated

20  transaction, surveyed, conveyed with marketable title, and

21  examined for hazardous materials contamination. Land

22  acquisition procedures of a local land authority created

23  pursuant to s. 380.0663 or s. 380.0677 shall be used for the

24  land acquisition programs described by s. 259.101(3)(c) if

25  within areas of critical state concern designated pursuant to

26  s. 380.05, subject to approval of the trust.

27         Section 13.  Subsections (5) and (6) of section

28  420.5092, Florida Statutes, are amended to read:

29         420.5092  Florida Affordable Housing Guarantee

30  Program.--

31

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

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

  3  420.509, revenue bonds of the corporation to establish the

  4  guarantee fund.  Such revenue bonds shall be primarily payable

  5  from and secured by annual debt service reserves, from

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

  7  from fees, charges, and reimbursements established by the

  8  corporation for the issuance of affordable housing guarantees,

  9  and from any other revenue sources received by the corporation

10  and deposited by the corporation into the guarantee fund for

11  the issuance of affordable housing guarantees.  To the extent

12  such primary revenue sources are considered insufficient by

13  the corporation, pursuant to the certification provided in

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

15  the certified deficiency in such reserve shall be additionally

16  payable from the first proceeds of the documentary stamp tax

17  moneys deposited into the State Housing Trust Fund pursuant to

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

19  the ensuing state fiscal year.

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

21  repayment of revenue bonds used to establish the guarantee

22  fund are insufficient for such repayment, the annual principal

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

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

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

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

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

28  annual debt service reserve from interest earned pursuant to

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

30  reimbursements received from issued affordable housing

31  guarantees and other revenue sources available to the

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  1  corporation. Based upon the findings in such guarantee fund

  2  financial audit, the corporation shall certify to the

  3  Comptroller the amount of any projected deficiency in the

  4  annual debt service reserve for any series of outstanding

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

  6  necessary to maintain such annual debt service reserve. Upon

  7  receipt of such certification, the Comptroller shall transfer

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

  9  taxes distributed to the State Housing Trust Fund pursuant to

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

11  the ensuing state fiscal year, the amount certified as

12  necessary to maintain the annual debt service reserve.

13         (b)  If the claims payment obligations under affordable

14  housing guarantees from amounts on deposit in the guarantee

15  fund would cause the claims paying rating assigned to the

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

17  classification of any nationally recognized rating service,

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

19  rules adopted thereto by the State Board of Administration,

20  the corporation shall certify to the Comptroller the amount of

21  such claims payment obligations. Upon receipt of such

22  certification, the Comptroller shall transfer to the guarantee

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

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

25  201.15(6)(a) and (7)(a) during the ensuing state fiscal year,

26  the amount certified as necessary to meet such obligations,

27  such transfer to be subordinate to any transfer referenced in

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

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

30  201.15(7)(a) and (8)(a) s. 201.15(6)(a) and (7)(a) during the

31  preceding state fiscal year.

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  1         Section 14.  Section 420.9073, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         420.9073  Local housing distributions.--

  4         (1)  Distributions calculated in this section shall be

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

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

  7  420.9072.  Each county's share of the funds to be distributed

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

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

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

11  follows:

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

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

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

15  Florida, shall receive the guaranteed amount for each fiscal

16  year.

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

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

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

20  Florida, may receive an additional share calculated as

21  follows:

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

23  state population excluding the population of any county that

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

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

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

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

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

29  county's additional share shall be zero.

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

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

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

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

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

  4  determined for all counties.  Each such county shall receive

  5  an additional share equal to such percentage multiplied by the

  6  total funds received by the Local Government Housing Trust

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

  8  guaranteed amount paid to all counties.

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

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

11  agency beginning the first day of the month after program

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

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

14  Local Government Housing Trust Fund received pursuant to s.

15  201.15(8) s. 201.15(7) shall be calculated by the agency for

16  each fiscal year as follows:

17         (a)  Each county shall receive the guaranteed amount

18  for each fiscal year.

19         (b)  Each county may receive an additional share

20  calculated as follows:

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

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

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

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

25  county's additional share shall be zero.

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

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

28  calculated in subparagraph 1. shall be reduced by the

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

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

31  counties.  Each such county shall receive an additional share

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  1  equal to this percentage multiplied by the total funds

  2  received by the Local Government Housing Trust Fund pursuant

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

  4  amount paid to all counties.

  5         (3)  Calculation of guaranteed amounts:

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

  7  be calculated for each state fiscal year by multiplying

  8  $350,000 by a fraction, the numerator of which is the amount

  9  of funds distributed to the Local Government Housing Trust

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

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

12  Government Housing Trust Fund pursuant to s. 201.15.

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

14  be calculated for each state fiscal year by multiplying

15  $350,000 by a fraction, the numerator of which is the amount

16  of funds distributed to the Local Government Housing Trust

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

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

19  Government Housing Trust Fund pursuant to s. 201.15.

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

21  be pledged to pay debt service on any bonds.

22         Section 15.  (1)  An educational program to enhance the

23  state's schools, community colleges, and universities, which

24  will foster business, industry, research, and development, is

25  created. This program will integrate into existing curricula

26  the knowledge, skills, and experience that will result in

27  informed decisions, responsible behavior, and constructive

28  actions through project-based learning.

29         (2)  The education program will be based on present and

30  future projects involving ecosystem restoration. The program

31  will include teacher training and curriculum development in

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  1  all disciplines, with cooperative efforts between schools,

  2  colleges, universities, and businesses, to provide practical,

  3  hands-on experience and to encourage enrollment in

  4  mathematics, engineering, and science, such as Broward

  5  County's Saturday-Science Summer Academy, SECME-Southeastern

  6  Consortium for Minorities in Engineering Program, Miami-Dade

  7  County's Urban Systemic Initiative, and others in rural areas

  8  to be administered through the Commissioner of Education,

  9  school districts, the Board of Regents, and the State Board of

10  Community Colleges.

11         (3)  An advisory council appointed by the Governor, the

12  President of the Senate, and the Speaker of the House of

13  Representatives shall be created and shall consist of members

14  from all relevant industries, government agencies, and

15  educational components, and from relevant counties. Such

16  advisory council shall make a report with recommendations to

17  the Legislature by December 31, 2000.

18         (4)  No moneys from the Florida Forever Trust Fund will

19  be appropriated to implement this program.

20         Section 16.  Section 373.584, Florida Statutes, is

21  repealed.

22         Section 17.  The repeal of section 373.584, Florida

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

24  obligations issued under that section which are outstanding on

25  July 1, 2000.

26         Section 18.  If the Department of Environmental

27  Protection or a water management district has made a payment

28  in lieu of taxes to a governmental entity and subsequently

29  suspended such payment, the department or water management

30  district shall reinstitute appropriate payments and continue

31

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  1  the payments in consecutive years until the governmental

  2  entity has received a total of ten payments.

  3         Section 19.  Except for section 17, which shall take

  4  effect upon becoming a law, this act shall take effect July 1,

  5  2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 908

  3

  4  Land acquisitions would no longer occur with documentary stamp
    tax proceeds from the CARL Trust Fund or the Water Management
  5  Lands (WML) Trust Fund. This should result in approximately
    $20 million annually in additional funding for management in
  6  the CARL TF.

  7  Documentary stamp tax proceeds currently deposited into the
    CARL TF are not reduced, but the 2 percent reduction in
  8  documentary stamp tax proceeds deposited into the WML TF will
    continue to be transferred to the SWIM TF.
  9
    WMD funding is reduced to 30 percent. Of this funding, at
10  least one-third must be used for water resource development
    projects. The Southwest Florida WMD does not have to use 20
11  percent of its allocation for water supply development
    projects.
12
    The FCT funding is increased to 25 percent. There is no
13  requirement that a specified amount of funding be provided for
    greenways and trails.
14
    Except for the FCT, which must use at least 10 percent, but no
15  more than 20 percent of its funds for fixed capital outlay
    projects, the agencies may use up to 10 percent of their funds
16  for fixed capital outlay projects for improvements on
    conservation or recreation lands.
17
    In addition to current criteria, new or revised criteria
18  include:

19  -     A significant portion of the land in the project serves
          as habitat for endangered, threatened, or rare species;
20        serves to protect natural communities that are listed by
          the Florida Natural Areas Inventory as critically
21        imperiled, imperiled, or rare, or as excellent quality
          occurrences of natural communities; or will assist
22        implementation of a state or federal species recovery
          plan;
23
    -     The acquisition is needed to implement a surface water
24        improvement and management plan in effect on July 1,
          2000;
25
    -     The project will assist in water resource development to
26        meet the needs of humans and natural systems anticipated
          in 2020;
27
    -     The project will assist in ecosystem restoration;
28
    -     The acquisition will implement an element from a plan
29        developed by an ecosystem management team;

30  -     The project will significantly promote attainment of
          Class III water quality or higher;
31
    -     The project will significantly reduce the pollution of
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  1        surface water or groundwater;

  2  -     The project is identified in a surface water improvement
          and management plan;
  3
    -     The project will improve or maintain water quality in a
  4        waterbody designated as an Outstanding Florida Water;

  5  -     The acquisition has been identified by the Fish and
          Wildlife Conservation Commission as part of a strategic
  6        habitat conservation area; or

  7  -     The project will establish or expand a greenway or
          recreational trail system.
  8
    For acquisition, each project must meet at least three
  9  criteria.

10  The bill creates the Florida Forever Commission to expend bond
    proceeds allocated for CARL and the WMDs (65 percent of the
11  total funding). There will be 9 commissioners, 5 appointed by
    the Governor (including the chairperson), 2 by the President
12  of the Senate, and 2 by the Speaker of the House who will
    serve 4-year terms. The commission is to develop goals
13  designed to produce measurable results to guide its
    expenditures for projects other than water resource
14  development projects. Criteria are provided for water resource
    development projects.
15
    Acquisition projects from the 65 percent administered by the
16  commission would be prioritized by the Land Acquisition and
    Management Advisory Council (LAMAC) for CARL and by the WMD
17  governing boards. The WMDs would prepare a separate list of
    proposed water resource development projects, including
18  proposals by local governments. The lists would be presented
    to the Florida Forever Commission, which can delete projects
19  and reprioritize the lists, but may not add projects.

20  The bill authorizes the following additional uses of Florida
    Forever and other state lands if the use meets specified
21  criteria:  water resource development projects, water supply
    development projects, stormwater management projects, linear
22  facilities, and sustainable agriculture and forestry. For
    purposes of this provision, linear facilities shall not
23  include petroleum product pipelines, paved roads, rail
    corridors or other facilities for motorized vehicles not
24  serving a use designated in the management plan or ancillary
    to the uses described above. The provisions of the Trustees'
25  policy regarding the use of natural resource lands for linear
    facilities will govern transportation uses. The uses described
26  above are authorized:

27  (a)   Where not inconsistent with the management plan for such
          lands;
28
    (b)   Where compatible with the natural ecosystem and resource
29        values of such lands;

30  (c)   Where the proposed use is appropriately located on such
          lands;
31
    (c)   Where the using entity reasonably compensates the title
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  1        holder for such use based upon an appropriate measure of
          value; and
  2
    (e)   Where the use provides a public benefit.
  3
    Funds from such uses will be used for management.
  4
    Additional funding is provided for exotic species control.
  5  One-fourth of the CARL management funding is to be used for
    upland exotic species control. One-fourth of the approximately
  6  $20 million made available in the CARL TF due to cessation of
    land acquisition is to be used for aquatic exotic species
  7  control. Of the CARL documentary stamp tax revenues,
    seven-tenths of one percent will be transferred to the State
  8  Game Trust Fund and used for land management activities. These
    moneys are in addition to moneys received pursuant to s.
  9  259.032(11), F.S. One-fourth of the additional CARL TF funding
    will be used by the Fish and Wildlife Conservation Commission
10  for lake restoration.

11  Cities will be eligible for payments in lieu of taxes.

12  A former elected official of a metropolitan municipal
    government is added to the FCT board.
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