Senate Bill 0908e1

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  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; establishing procedures

18         for the disposition of lands; authorizing

19         alternate uses of acquired lands; providing a

20         limitation on alternate uses; encouraging and

21         requiring the use of alternatives to fee simple

22         acquisition of lands; requiring increased

23         priority for a project if matching funds are

24         available; requiring increased priority if the

25         project is priced below appraised value;

26         amending s. 201.15, F.S.; authorizing the use

27         of revenues for the debt service on bonds;

28         revising the distribution of proceeds from the

29         excise tax on documents; creating s. 215.618,

30         F.S.; providing for the issuance of Florida

31         Forever bonds; providing limitations; providing


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  1         procedures and legislative intent; amending s.

  2         253.027, F.S.; providing for the reservation of

  3         funds; revising the criteria for expenditures

  4         for archaeological property to include lands on

  5         the acquisition list for the Florida Forever

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

  7         uses of state-owned lands; authorizing

  8         additional uses of state lands under specified

  9         circumstances; conforming cross-references to

10         changes made by the act; conforming provisions;

11         amending s. 259.032, F.S.; authorizing the

12         Florida Forever Commission to allocate funds

13         for land acquisition; emphasizing protection of

14         endangered and threatened species; conforming a

15         cross-reference; conforming provisions;

16         requiring the adoption of a management plan

17         within a specified period after the acquisition

18         of a parcel under the Florida Forever Program;

19         providing a restriction on funding for an

20         agency with overdue management plans; providing

21         a formula and funding source for funding

22         management, maintenance, capital improvements,

23         and payments in lieu of taxes; providing funds

24         for the control of exotic species; providing

25         funds for lake restoration from the State Game

26         Trust Fund; specifying eligible lands;

27         providing for the distribution of funds;

28         revising the criteria and eligibility for

29         payments in lieu of taxes; limiting the total

30         consecutive years of such payments; providing

31         for the deletion of certain property from an


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  1         acquisition list; deleting obsolete provisions;

  2         amending s. 259.035, F.S.; revising the

  3         membership of the Land Acquisition and

  4         Management Advisory Council and renaming the

  5         council as the Florida Forever Commission;

  6         revising its duties; requiring the development

  7         of goals and a report; amending s. 259.036,

  8         F.S.; conforming provisions; providing a

  9         cross-reference; amending s. 338.250, F.S.;

10         providing for certain mitigation funds to be

11         used in coordination with funds from the

12         Florida Forever Trust Fund; amending s. 373.59,

13         F.S.; requiring a report to the Florida Forever

14         Commission; providing a process for releasing

15         funds for water resource development and land

16         acquisition projects; deleting provisions

17         authorizing the use of specified funds for debt

18         service on bonds issued pursuant to s. 373.584,

19         F.S.; requiring payment of debt service before

20         other uses of funds; providing due dates for

21         required management plans; revising the

22         criteria and eligibility for payments in lieu

23         of taxes; requiring that payments by made in

24         consecutive years; amending s. 380.503, F.S.;

25         providing definitions; amending s. 380.504,

26         F.S.; revising the membership of the governing

27         body of the Florida Communities Trust within

28         the Department of Community Affairs; conforming

29         outdated provisions; amending s. 380.507, F.S.;

30         authorizing the development of rules; amending

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


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  1         affordable housing programs; conforming

  2         cross-references to changes made by the act;

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

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

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

  6         bonds outstanding on the effective date of the

  7         act; requiring reinstitution of payments in

  8         lieu of taxes in specified circumstances;

  9         providing an educational program; creating the

10         Florida Forever Advisory Council on Ecosystem

11         Restoration Education; providing an effective

12         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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  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, although such funds may be used for

23  preacquisition ancillary costs, such as costs of title work,

24  appraisal fees, cost of environmental audits, survey costs, or

25  other related expenses. The Legislature intends that the

26  Florida Forever Program supplant the acquisition programs

27  formerly authorized under ss. 259.032 and 373.59. The

28  Legislature shall review, by July 1, 2005, the need for funds

29  to be available for land acquisition from the Water Management

30  Lands Trust Fund after 2010, and take appropriate action to

31  provide funding to meet anticipated needs.


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

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

  3  of funding reserve accounts, and other costs incurred with

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

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

  6  Environmental Protection shall distribute the bond proceeds as

  7  follows:

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

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

10  of public lands described in s. 259.032, pursuant to the

11  requirements of chapter 259. In the acquisition of lands

12  pursuant to this paragraph, priority shall be given to

13  acquisitions that, when combined with previous acquisitions,

14  will form more complete patterns of protection for natural

15  areas and functioning ecosystems. All lands acquired under

16  this paragraph shall be managed pursuant to s. 253.034(1), and

17  may be used for water resource development projects if such

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

19  resource development projects may include aquifer storage and

20  recovery facilities, surface water reservoirs, and other

21  alternative water resource development activities. As provided

22  in this paragraph, permittable water resource development

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

24  have been established for those waters potentially affected by

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

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

27  project is consistent with the regional water supply plan of

28  the water management district.

29         (b)  Thirty percent to the Department of Environmental

30  Protection for the purchase of water management lands pursuant

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


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  1  districts as provided in s. 373.59(8). Funds received by each

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

  3  to implement surfacewater improvement and management plans

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

  5  2000; water resource development; or acquisition of lands

  6  necessary to implement ecosystem restoration projects. Of this

  7  thirty percent, at least one-third must be used for water

  8  resource development projects. The South Florida Water

  9  Management District must use at least 20 percent of its annual

10  allocation for Everglades restoration activities.

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

12  Affairs for use by the Florida Communities Trust for the

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

14  governments or nonprofit environmental organizations that are

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

16  Revenue Code for the acquisition of community-based projects,

17  urban open spaces, parks, and greenways to implement local

18  government comprehensive plans, and grants for fixed capital

19  outlay to construct facilities associated with public outdoor

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

21  percent shall be matched by local governments on a

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

23  20 percent of the allocation may be used for

24  natural-resource-based capital improvements, including

25  projects to improve public access, on lands acquired for

26  conservation or recreation. The Legislature intends that the

27  Florida Communities Trust emphasize funding projects in

28  low-income or otherwise disadvantaged communities. Thirty

29  percent of the total allocation provided to the trust shall be

30  used in Standard Metropolitan Statistical Areas, but one-half

31  of that amount shall be used in localities in which the


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  1  project site is located in built-up commercial, industrial, or

  2  mixed-use areas and functions to intersperse congested urban

  3  core areas with open spaces. From funds allocated to the

  4  trust, no less than 5 percent shall be used to acquire lands

  5  for recreational trail systems, provided that in the event

  6  these funds are not needed for such projects, they will be

  7  available for other trust projects. Local governments may use

  8  federal grants or loans, private donations, or environmental

  9  mitigation funds, including environmental mitigation funds

10  required pursuant to s. 338.250, for any part or all of any

11  local match required for acquisitions funded through the

12  Florida Communities Trust. Any lands purchased by nonprofit

13  organizations using funds allocated under this paragraph must

14  provide for such lands to remain permanently in public use

15  through a reversion of title to local or state government,

16  conservation easement, or other appropriate mechanism.

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

18  Wildlife Conservation Commission for the purchase of

19  inholdings, connections, and contiguous additions to lands

20  managed by the commission which are important to the

21  conservation of fish and wildlife. In developing its

22  recommendations for acquisition under this paragraph, priority

23  must be given to the purchase of inholdings.

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

25  Environmental Protection for the purchase of inholdings,

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

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

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

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

30  Parks of the Department of Environmental Protection. In

31  developing its recommendations for acquisition under this


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  1  paragraph, priority must be given to the purchase of

  2  inholdings.

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

  4  Forestry of the Department of Agriculture and Consumer

  5  Services to fund the acquisition of state forest inholdings,

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

  7  In developing its recommendations for acquisition under this

  8  paragraph, priority must be given to the purchase of

  9  inholdings.

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

11  Environmental Protection for the Florida Greenways and Trails

12  Program to acquire greenways and trails or systems of

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

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

15  the Florida National Scenic Trail, and to construct associated

16  fixed capital outlay projects.

17

18  Up to 10 percent of the funds allocated pursuant to paragraphs

19  (a), (b), and (d)-(g) may be used for fixed capital outlay

20  projects for improvements on lands acquired for conservation

21  or recreation.

22

23  Title to lands purchased by a water management district shall

24  be vested in the water management district. Except for lands

25  acquired by nonprofit environmental organizations, title to

26  lands purchased with funds from the Florida Communities Trust

27  may be vested in the Board of Trustees of the Internal

28  Improvement Trust Fund or the acquiring local government.

29  Title to all other lands acquired with Florida Forever funds

30  shall be vested in the Board of Trustees of the Internal

31  Improvement Trust Fund.


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  1         (4)  PROJECT CRITERIA.--

  2         (a)  Except for acquisitions in which a significant

  3  portion of the land serves to preserve important archeological

  4  or historical sites on the habitat of threatened or endangered

  5  species, proceeds of bonds issued under the Florida Forever

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

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

  8  least three of the following criteria, as determined pursuant

  9  to paragraphs (b) and (c):

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

11  in imminent danger of being developed, losing significant

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

13  multiple ownership of the land and may make acquisition more

14  costly or less likely to be accomplished;

15         2.  Compelling evidence exists that the land is likely

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

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

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

19  likely to be paid on the bonds;

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

21  serves to protect or recharge ground water and protects other

22  valuable natural resources or provides space for

23  natural-resource-based recreation;

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

25  appraised value or less;

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

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

28  serves to protect natural communities that are listed by the

29  Florida Natural Areas Inventory as critically imperiled,

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

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  1  natural communities; or will assist implementation of a state

  2  or federal species recovery plan;

  3         6.  A significant portion of the land serves to

  4  preserve important archeological or historical sites;

  5         7.  The acquisition is needed to implement a

  6  surfacewater improvement and management plan in effect on July

  7  1, 2000;

  8         8.  The project will assist in water resource

  9  development to meet the needs of humans and natural systems

10  anticipated in 2020;

11         9.  The project will assist in ecosystem restoration;

12         10.  The acquisition will implement an element from a

13  plan developed by an ecosystem management team;

14         11.  The project will significantly promote attainment

15  of Class III water quality or higher;

16         12.  The project will significantly reduce the

17  pollution of surface water or groundwater;

18         13.  The project is appropriate and needed for an

19  aquifer storage and recovery project, surfacewater reservoir,

20  or an alternative water resource development project;

21         14.  The project will improve or maintain water quality

22  in a waterbody designated as an Outstanding Florida Water;

23         15.  The acquisition has been identified by the Fish

24  and Wildlife Conservation Commission as part of a strategic

25  habitat conservation area;

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

27  recreational trail system; or

28         17.  A significant portion of the land preserves the

29  inventory of community open-space or the project preserves

30  endangered open-spaces from development.

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  1  Increased priority shall be given to acquisitions that, in

  2  addition to meeting at least three of the criteria under

  3  subparagraphs 1. through 17., will also provide long-term

  4  protection for threatened or endangered species designated G-1

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

  6  for those areas that are special locations for breeding and

  7  reproduction.

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

  9  Florida Forever Program, the Florida Forever Commission shall

10  review that year's approved land acquisition priority list and

11  shall, by the first board meeting in February, present to the

12  Board of Trustees of the Internal Improvement Trust Fund, for

13  its consideration and approval, a listing of projects on the

14  priority list which, except for projects to preserve important

15  archeological or historical sites or the habitat of threatened

16  or endangered species, meet three or more of the criteria

17  specified in paragraph (a). The board may remove projects from

18  the list, but may not add projects. The list may be amended to

19  include eligible projects that can be acquired at 85 percent

20  of appraised value or less if such properties become available

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

22  tax exemptions due to government ownership exceed 20 percent

23  of the county's total market value valuation, the Florida

24  Forever Commission must consult with the county commission to

25  obtain its recommendation regarding any proposed acquisition.

26  In such a circumstance, a project may not be included on an

27  acquisition list unless it is approved by an extraordinary

28  vote of a majority plus one. If a county's total ad valorem

29  tax exemptions due to government ownership exceed 37 percent

30  of the county's total market value valuation, an affirmative

31


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  1  vote of the county commission is required before a project may

  2  be included on an acquisition list.

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

  4  Florida Forever Program, each water management district shall

  5  propose a list of water resource development projects for

  6  consideration and approval by its governing board. Such lists

  7  shall include proposals made by local governments within the

  8  district. The total value of the list must comprise at least

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

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

11  Florida Forever Program, each water management district

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

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

14  a listing of projects from the plan which, except for projects

15  to preserve important archeological or historical sites or

16  habitat of threatened or endangered species, meet three or

17  more of the criteria specified in paragraph (a). The lists

18  must be presented to the Florida Forever Commission for its

19  consideration and approval by its first meeting in February.

20  The commission may remove projects from the lists and may

21  reprioritize the lists, but may not add projects. The lists

22  may be amended to include projects that can be acquired at 85

23  percent of appraised value or less if such properties become

24  available at a later date. In any county in which the total ad

25  valorem tax exemptions due to government ownership exceed 20

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

27  governing board must consult with the county commission to

28  obtain its recommendation regarding any proposed acquisition.

29  In such a circumstance, a project may not be included on an

30  acquisition list unless it is approved by an extraordinary

31  vote of a majority plus one. If a county's total ad valorem


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  1  tax exemptions due to government ownership exceed 37 percent

  2  of the county's total market value valuation, an affirmative

  3  vote of the county commission is required before a project may

  4  be included on an acquisition list.

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

  6  additional criteria must be considered:

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

  8  consistent with hazard mitigation and postdisaster

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

10  and property and reduce the need for future disaster

11  assistance.

12         2.  The value of acquiring beachfront parcels,

13  irrespective of size, to provide public access and

14  recreational opportunities in highly developed urban areas.

15         3.  The value of acquiring identified parcels the

16  development of which would adversely affect coastal resources.

17

18  When a nonprofit environmental organization that is tax exempt

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

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

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

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

23  criteria at the time the organization purchases it.

24         (e)  Listings of projects compiled pursuant to

25  paragraphs (b) and (c) may be revised to include projects on

26  the state's land acquisition priority list or in a water

27  management district's 5-year plan which come under the

28  criteria in paragraph (a) after the dates specified in

29  paragraph (b) or paragraph (c).

30         (f)  The Legislature finds that the Preservation 2000

31  Program has provided financial resources that have enabled the


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  1  acquisition of significant natural areas for public ownership

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

  3  Forever Program, agencies that receive funds are encouraged to

  4  coordinate their expenditures more effectively so that future

  5  acquisitions, when combined with previous acquisitions, will

  6  form more complete patterns of protection for natural areas

  7  and functioning ecosystems.

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

  9  Florida Forever Program, agencies emphasize the completion of

10  projects in which one or more parcels have already been

11  acquired and the acquisition of lands that contain ecological

12  resources that are unrepresented or underrepresented on lands

13  currently in public ownership.

14         (h)  An assessment of appropriate management strategies

15  for property acquired under the Florida Forever Program should

16  be completed early in the acquisition process and should

17  emphasize the development of a management prospectus that

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

19  timetable for implementing the various stages of management

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

21  provisions for protecting existing infrastructure and for

22  ensuring the security of the project upon acquisition; the

23  anticipated costs of management and projected sources of

24  revenue; and other information required under s.

25  259.032(9)(b)1.

26         (5)  DISPOSITION OF LANDS.--

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

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

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

30  of the Board of Trustees of the Internal Improvement Trust

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


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

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

  3  water management district in accordance with the procedures

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

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

  6         (b)  Land acquired for conservation purposes may be

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

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

  9  district lands, by the owning water management district

10  governing board, makes a determination that preservation of

11  the land is no longer necessary for conservation purposes and

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

13  board. Following a determination by the governing board that

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

15  governing board must also make a determination that the land

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

17  253.034(6), or determined to be surplus under s. 373.089. Any

18  lands eligible for disposal under these procedures also may be

19  exchanged for other lands described in the same paragraph of

20  subsection (3).

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

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

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

24  on any revenue bonds issued to fund the Florida Preservation

25  2000 Act or the Florida Forever Act to lose their exclusion

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

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

28  used for any purpose except for deposit into the Florida

29  Forever Trust Fund and used for land acquisition.

30         (6)  ALTERNATE USES OF ACQUIRED LANDS.--

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

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

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

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

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

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

  7  Constitution of 1885, as adopted by s. 9(a), Art. XII or s.

  8  11(e), Art. VII of the State Constitution, and any other

  9  incidental public or private use that is determined by the

10  board or the owning water management district to be compatible

11  with the purposes for which such lands were acquired.

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

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

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

15  compatible with the purposes for which such lands were

16  acquired.

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

18  Environmental Protection, another appropriate state agency, or

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

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

21  or license would adversely affect the exclusion of the

22  interest on any revenue bonds issued to fund the acquisition

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

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

25         (7)  PLAN FOR DISPOSAL AND USE OF LANDS.--The Board of

26  Trustees of the Internal Improvement Trust Fund may adopt a

27  plan for a specific geographic area which authorizes the

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

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

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

31


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    CS for CS for SB 908                           First Engrossed



  1         (a)  The Legislature finds that, with increasing

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

  3  develop creative techniques to maximize the use of acquisition

  4  and management moneys. The Legislature also finds that the

  5  state's environmental land-buying agencies should be

  6  encouraged to augment their traditional, fee simple

  7  acquisition programs by using alternatives to fee simple

  8  acquisition techniques. The Legislature also finds that using

  9  alternatives to fee simple acquisition by public land-buying

10  agencies will achieve the following public policy goals:

11         1.  Allow more lands to be brought under public

12  protection for preservation, conservation, and recreational

13  purposes at less expense using public funds.

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

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

16         3.  Reduce long-term management costs by allowing

17  private property owners to continue acting as stewards of the

18  land, where appropriate.

19

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

21  land-buying agencies develop programs to pursue alternatives

22  to fee simple acquisition and educate private landowners about

23  such alternatives and the benefits of such alternatives. It

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

25  the water management districts spend a portion of their shares

26  of Florida Forever bond proceeds to purchase eligible

27  properties using alternatives to fee simple acquisition.

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

29  agencies acquire lands in fee simple for public access and

30  recreational activities. Lands protected using alternatives to

31  fee simple acquisition techniques may not be accessible to the


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    CS for CS for SB 908                           First Engrossed



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

  2  the private landowners who retain interests in the lands.

  3         (b)  The Florida Forever Commission and the water

  4  management districts shall identify, within their acquisition

  5  plans, those projects that require a full fee simple interest

  6  to achieve the public policy goals, along with the reasons why

  7  full title is determined to be necessary. The commission and

  8  the water management districts may use alternatives to fee

  9  simple acquisition to bring the remaining projects in their

10  acquisition plans under public protection. As used in this

11  subsection, the term "alternatives to fee simple acquisition"

12  includes, but is not limited to:  the purchase of development

13  rights; conservation easements; flowage easements; the

14  purchase of timber rights, mineral rights, or hunting rights;

15  the purchase of agricultural interests or silvicultural

16  interests; land protection agreements; fee simple acquisitions

17  with reservations; or any other acquisition technique that

18  achieves the public policy goals listed in paragraph (a). It

19  is presumed that a private landowner retains the full range of

20  uses for all the rights or interests in the landowner's land

21  which are not specifically acquired by the public agency. Life

22  estates and fee simple acquisitions with leaseback provisions

23  qualify as alternatives to fee simple acquisition under this

24  subsection, and the department and the districts are

25  encouraged to use such techniques where appropriate. The

26  commission shall analyze existing stewardship programs and

27  recommend new private-land-management incentives and funding

28  sources to assist private landowners in keeping their land in

29  private ownership and implementing sound environmental

30  stewardship practices, including, but not limited to,

31  potential forms of local, state, and federal tax relief,


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    CS for CS for SB 908                           First Engrossed



  1  including inheritance taxes; long-term management and use

  2  agreements; technical assistance; mitigation agreements;

  3  whole-farm planning; and multi-agency cooperative stewardship

  4  initiatives, including federal, state, and local programs.

  5         (c)  The Department of Environmental Protection and

  6  each water management district shall implement initiatives to

  7  use alternatives to fee simple acquisition and educate private

  8  landowners about such alternatives. These initiatives must

  9  include at least two acquisitions each year by the department

10  and each water management district which use alternatives to

11  fee simple acquisition.

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

13  sales comparison information has served as an impediment to

14  successfully implementing alternatives to fee simple

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

16  absence of direct comparable sales information, appraisals of

17  alternatives to fee simple acquisitions be based on the

18  difference between the full fee simple valuation and the value

19  of the interests remaining with the seller after acquisition.

20         (e)  The public agency that has been assigned

21  management responsibility shall inspect and monitor any

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

23  purchase agreement relating to such interest.

24         (9)  PRIORITY IF MATCHING FUNDS ARE

25  AVAILABLE.--Projects that are otherwise eligible for

26  acquisition under this section and for which matching funds

27  from local governments or other sources are available shall be

28  given increased priority.

29         (10)  PRIORITY FOR PROJECTS PRICED BELOW APPRAISED

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

31  acquisition under this section and for which the seller will


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    CS for CS for SB 908                           First Engrossed



  1  accept a price below the appraised value shall be given

  2  increased priority.

  3         Section 2.  Section 201.15, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         201.15  Distribution of taxes collected.--All taxes

  6  collected under this chapter shall be distributed as follows

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

  8  215.20(1), except that such service charge shall not be levied

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

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

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

12  distributed as follows:

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

14  the remaining taxes collected under this chapter shall be used

15  for the following purposes:

16         (a)  Amounts Subject to the maximum amount limitations

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

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

19  funds, rebate obligations, or other amounts payable with

20  respect to Preservation 2000 bonds issued pursuant to s.

21  375.051 and Florida Forever bonds issued pursuant to s.

22  215.618 bonds issued pursuant to s. 375.051 and payable from

23  moneys transferred to the Land Acquisition Trust Fund pursuant

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

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

26  purposes. The amount transferred to the Land Acquisition Trust

27  Fund for such purposes shall not exceed $600 million in any

28  fiscal year $90 million in fiscal year 1992-1993, $120 million

29  in fiscal year 1993-1994, $150 million in fiscal year

30  1994-1995, $180 million in fiscal year 1995-1996, $210 million

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


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    CS for CS for SB 908                           First Engrossed



  1  1997-1998, $270 million in fiscal year 1998-1999, and $300

  2  million in fiscal year 1999-2000 and thereafter. Debt service

  3  on Florida Forever bonds, excluding refunding bonds, shall not

  4  exceed $30 million in fiscal year 2000-2001; $60 million in

  5  fiscal year 2001-2002; $90 million in fiscal year 2002-2003;

  6  $120 million in fiscal year 2003-2004; $150 million in fiscal

  7  year 2004-2005; $180 million in fiscal year 2005-2006; $210

  8  million in fiscal year 2006-2007; $240 million in fiscal year

  9  2007-2008; $270 million in fiscal year 2008-2009; and $300

10  million in fiscal year 2009-2010 and thereafter. Except for

11  bonds issued to refund previously issued bonds, no individual

12  series of bonds may be issued pursuant to this paragraph

13  unless such bonds and the first year's debt service for such

14  bonds is specifically appropriated in the General

15  Appropriations Act. The Preservation 2000 bonds and Florida

16  Forever bonds shall be equally and ratably secured by moneys

17  distributable to the Land Acquisition Trust Fund pursuant to

18  this section, except to the extent specifically provided

19  otherwise by the documents authorizing the issuance of the

20  bonds. No moneys transferred to the Land Acquisition Trust

21  Fund pursuant to this paragraph, or earnings thereon, shall be

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

23  Coast revenue bonds.

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

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

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

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

28  for which funds deposited in the Land Acquisition Trust Fund

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

30  continue until the cumulative amount credited to the Land

31  Acquisition Trust Fund for the fiscal year under this


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    CS for CS for SB 908                           First Engrossed



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

  2  current official forecast for distributions of taxes collected

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

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

  5  recent forecast as determined by the Revenue Estimating

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

  7  changes after payments under this paragraph have ended during

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

  9  paragraph during the fiscal year.

10         (c)  The remainder of the moneys distributed under this

11  subsection, after the required payments under paragraphs (a)

12  and (b), shall be paid into the State Treasury to the credit

13  of the General Revenue Fund of the state to be used and

14  expended for the purposes for which the General Revenue Fund

15  was created and exists by law or to the Ecosystem Management

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

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

18  remaining taxes collected under this chapter shall be used for

19  the following purposes:

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

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

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

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

24  the purposes for which the General Revenue Fund was created

25  and exists by law or to the Ecosystem Management and

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

27  Payments made under this paragraph shall continue until the

28  cumulative amount credited to the General Revenue Fund for the

29  fiscal year under this paragraph equals the cumulative

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

31


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    CS for CS for SB 908                           First Engrossed



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

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

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

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

  5  which funds deposited in the Land Acquisition Trust Fund may

  6  lawfully be used.

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

  8  remaining taxes collected under this chapter shall be paid

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

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

11  this section shall be used for the following purposes:

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

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

14  to acquire coastal lands; and

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

16  develop and manage lands acquired with moneys from the Land

17  Acquisition Trust Fund.

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

19  the remaining taxes collected under this chapter shall be paid

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

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

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

23  acquisition of land.

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

25  remaining taxes collected under this chapter shall be paid

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

27  Recreation Lands Trust Fund to carry out the purposes set

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

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

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

31  An additional 0.5 percent shall be transferred to the Aquatic


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    CS for CS for SB 908                           First Engrossed



  1  Plant Control Trust Fund and used pursuant to s. 369.22, and

  2  0.5 percent shall be transferred to the State Game Trust Fund

  3  and used for lake restoration. These moneys are in addition to

  4  moneys received pursuant to s. 259.032(11).

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

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

  7  credit of the Surface Water Improvement and Management Trust

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

  9  fixed capital outlay projects, including stormwater management

10  facilities, for implementing surfacewater improvement and

11  management plans in effect on July 1, 2000 and shall be

12  allocated to the districts pursuant to the General

13  Appropriations Act each fiscal year after considering priority

14  lists to be prepared by each district. Any unallocated funds

15  not provided for in the General Appropriations Act but for

16  which spending authority is provided in the General

17  Appropriations Act shall be released by the Secretary of

18  Environmental Protection based upon the population size of the

19  districts and following receipt of a resolution adopted by the

20  district's governing board which identifies the project and

21  certifies that the project is on the district's priority list.

22         (7)(6)  Seven and fifty-three hundredths percent of the

23  remaining taxes collected under this chapter shall be paid

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

25  Trust Fund and shall be used as follows:

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

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

28  by law.

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

30  Treasury to the credit of the Local Government Housing Trust

31


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    CS for CS for SB 908                           First Engrossed



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

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

  3         (8)(7)  Eight and sixty-six hundredths percent of the

  4  remaining taxes collected under this chapter shall be paid

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

  6  Trust Fund and shall be used as follows:

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

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

  9  by the Department of Community Affairs and by the Florida

10  Housing Finance Agency for the purposes for which the State

11  Housing Trust Fund was created and exists by law.

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

13  shall be distributed to the Local Government Housing Trust

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

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

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

17  and local services to assist the homeless.

18         (9)(8)  From the moneys specified in paragraphs (1)(c)

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

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

21  Treasury to the credit of the Ecosystem Management and

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

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

24  2000-2001 and each fiscal year thereafter, to be used for the

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

26  ss. 161.091-161.212.

27         (10)(9)  The Department of Revenue may use the payments

28  credited to trust funds pursuant to paragraphs (1)(b) and

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

30  pay the costs of the collection and enforcement of the tax

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


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    CS for CS for SB 908                           First Engrossed



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

  2  which is payments credited to that trust fund under this

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

  4  made under paragraphs (1)(b) and (2)(b) and subsections (3),

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

  6         Section 3.  Section 215.618, Florida Statutes, is

  7  created to read:

  8         215.618  Bonds for acquisition and improvement of land,

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

10         (1)  The issuance of Florida Forever bonds to finance

11  or refinance the cost of acquisition and improvement of land,

12  water areas, and related property interests and resources for

13  the purposes of conservation, outdoor recreation, water

14  resource development, restoration of natural systems and

15  historic preservation, is authorized pursuant to s. 11(e),

16  Art. VII of the State Constitution. Florida Forever bonds may

17  also be issued to refund Preservation 2000 bonds issued

18  pursuant to s. 375.051. The duration of Florida Forever bonds

19  issued may not exceed 20 annual maturities. Preservation 2000

20  bonds and Florida Forever bonds shall be equally and ratably

21  secured by moneys distributable to the Land Acquisition Trust

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

23  specifically provided otherwise by the documents authorizing

24  the issuance of bonds.

25         (2)  The state does covenant with the holders of

26  Florida Forever bonds and Preservation 2000 bonds that it will

27  not take any action that will materially and adversely affect

28  the rights of such holders as long as such bonds are

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

30  portion of documentary stamp taxes distributable to the Land

31


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    CS for CS for SB 908                           First Engrossed



  1  Acquisition Trust Fund for payment of debt service on

  2  Preservation 2000 bonds or Florida Forever bonds.

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

  4  payable from taxes distributable to the Land Acquisition Trust

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

  6  this section shall not constitute a general obligation of or a

  7  pledge of the full faith and credit of the State of Florida.

  8         (4)  The Department of Environmental Protection shall

  9  request the Division of Bond Finance to issue the Florida

10  Forever bonds authorized by this section. The Division of Bond

11  Finance shall issue such bonds pursuant to the State Bond Act.

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

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

14  costs of funding reserve accounts, and other costs with

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

16  Forever Trust Fund. The bond proceeds deposited into the

17  Florida Forever Trust Fund shall be distributed by the

18  Department of Environmental Protection as provided in s.

19  259.202.

20         (6)  The Legislature intends, at the appropriate time,

21  to re-create the Land Acquisition Trust Fund, which shall be

22  continued beyond the termination of bonding authority provided

23  for in s. 9(a)(1), Art. XII of the State Constitution,

24  pursuant to the authority provided by s. 11(e), Art. VII of

25  the State Constitution and shall be continued for so long as

26  Preservation 2000 bonds or Florida Forever bonds are

27  outstanding and secured by taxes distributable thereto.

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

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

30  related property interests acquired or improved with proceeds

31  of Florida Forever bonds which would cause all or any portion


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    CS for CS for SB 908                           First Engrossed



  1  of the interest of such bonds to be included in gross income

  2  for federal income tax purposes.

  3         (8)  The initial series of Florida Forever bonds shall

  4  be validated in addition to any other bonds required to be

  5  validated pursuant to s. 215.82. Any complaint for validation

  6  of bonds issued pursuant to this section shall be filed only

  7  in the circuit court of the county where the seat of state

  8  government is situated, the notice required to be published by

  9  s. 75.06 shall be published only in the county where the

10  complaint is filed, and the complaint and order of the circuit

11  court shall be served only on the state attorney of the

12  circuit in which the action is pending.

13         Section 4.  Subsection (4) and paragraph (a) of

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

15  amended to read:

16         253.027  Emergency archaeological property

17  acquisition.--

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

19  $2 million shall be reserved annually segregated in an account

20  within the Florida Forever Conservation and Recreation Lands

21  Trust Fund for the purpose of emergency archaeological

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

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

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

25  year may be used for acquisitions pursuant to s. 259.202(3)(a)

26  spent for other purposes specified in s. 259.032, upon

27  approval of the Board of Trustees of the Internal Improvement

28  Trust Fund.

29         (5)  ACCOUNT EXPENDITURES.--

30

31


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    CS for CS for SB 908                           First Engrossed



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

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

  3  survey costs, unless:

  4         1.  The property is an archaeological property of major

  5  statewide significance.

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

  7  historic significance, will be irretrievably lost if the state

  8  cannot acquire the property.

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

10  the Conservation and Recreation Lands or for Florida Forever

11  lands, acquisition list or complies with the criteria for

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

13  the list.

14         4.  No other source of immediate funding is available

15  to purchase or otherwise protect the property.

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

17  state, or federal laws.

18         6.  The acquisition is not inconsistent with the state

19  comprehensive plan and the state land acquisition program.

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

21  section 253.034, Florida Statutes, 1998 Supplement, are

22  amended, present subsection (9) is redesignated as subsection

23  (10), and a new subsection (9) is added to that section, to

24  read:

25         253.034  State-owned lands; uses.--

26         (3)  In recognition that recreational trails purchased

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

28  259.202(3)(g) have had historic transportation uses and that

29  their linear character may extend many miles, the Legislature

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

31  after balancing the need to protect trail users from


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    CS for CS for SB 908                           First Engrossed



  1  collisions with automobiles and a preference for the use of

  2  overpasses and underpasses to the greatest extent feasible and

  3  practical, transportation uses shall be allowed to cross

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

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

  6  location and design should consider and mitigate the impact on

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

  8  shall be paid based on fair market value.

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

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

11  Trustees of the Internal Improvement Trust Fund shall be

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

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

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

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

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

17  transportation facility. An agency managing or leasing

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

19  Improvement Trust Fund may not sublease such lands without

20  prior review by the division and by the Florida Forever

21  Commission Land Acquisition and Management Advisory Council

22  created in s. 259.035 and approval by the board. The Florida

23  Forever Commission Land Acquisition and Management Advisory

24  Council is not required to review subleases of parcels which

25  are less than 160 acres in size.

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

27  Board of Trustees of the Internal Improvement Trust Fund shall

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

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

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

31  multiple-use properties, shall specifically describe how the


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    CS for CS for SB 908                           First Engrossed



  1  managing agency plans to identify, locate, protect and

  2  preserve, or otherwise use fragile nonrenewable resources,

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

  4  fragile resources, including endangered plant and animal

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

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

  7  Land management plans submitted by an agency shall include

  8  reference to appropriate statutory authority for such use or

  9  uses and shall conform to the appropriate policies and

10  guidelines of the state land management plan. All land

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

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

13  parcel, which analysis shall include the potential of the

14  parcel to generate revenues to enhance the management of the

15  parcel.  Additionally, the land management plan shall contain

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

17  facilitate the restoration or management of these lands.  In

18  those cases where a newly acquired property has a valid

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

20  of the property until a formal land management plan is

21  completed.

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

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

24  which exceed 160 acres in size. The commission council shall

25  review each plan for compliance with the requirements of this

26  subsection and with the requirements of the rules established

27  by the board pursuant to this subsection.  The commission

28  council shall also consider the propriety of the

29  recommendations of the managing agency with regard to the

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

31  nonrenewable resources, the potential for alternative or


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    CS for CS for SB 908                           First Engrossed



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

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

  3  its review, the commission council shall submit the plan,

  4  along with its recommendations and comments, to the board. The

  5  commission council shall specifically recommend to the board

  6  whether to approve the plan as submitted, approve the plan

  7  with modifications, or reject the plan.

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

  9  Trust Fund shall consider the land management plan submitted

10  by each state agency and the recommendations of the commission

11  council and the Division of State Lands and shall approve the

12  plan with or without modification or reject such plan.  The

13  use or possession of any such lands which is not in accordance

14  with an approved land management plan is subject to

15  termination by the board.

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

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

18  vested in the board, are of no benefit to the public and shall

19  dispose of such lands pursuant to law.

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

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

22  indicate to the board those lands which the agency manages

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

24  originally leased. Such lands shall be reviewed by the

25  commission council for its recommendation as to whether such

26  lands should be disposed of by the board.

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

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

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

30  be reviewed by the commission council for its recommendation

31  as to whether such lands should be disposed of by the board.


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  1         (c)  In reviewing lands owned by the board pursuant to

  2  paragraphs (a) and (b), the commission council shall consider

  3  whether such lands would be more appropriately owned or

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

  5  which the land is located.  The commission council shall

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

  7  conveyance to a local government would be in the best

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

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

10  and 253.115.

11         (d)  After reviewing the recommendations of the

12  commission council, the board shall determine whether lands

13  identified in paragraphs (a) and (b) are to be held for other

14  public purposes or whether such lands are of no benefit to the

15  public.  The board may require an agency to release its

16  interest in such lands.  Lands determined to be of no benefit

17  to the public shall be disposed of pursuant to law.  Each

18  fiscal year, up to $500,000 of the proceeds from the disposal

19  of such lands shall be placed in the Internal Improvement

20  Trust Fund to be used to pay the costs of any administration,

21  appraisal, management, conservation, protection, sales, or

22  real estate sales services; any such proceeds in excess of

23  $500,000 shall be placed in the Conservation and Recreation

24  Lands Trust Fund.

25         (e)  The sale of filled, formerly submerged land that

26  does not exceed 5 acres in area is not subject to review by

27  the commission council.

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

29  the Department of Corrections or the Department of Education

30  shall not be subject to the commission council review

31  provisions described in subsection (5).  Management plans


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  1  filed by these agencies shall be made available to the public

  2  for a period of 90 days at the administrative offices of the

  3  parcel or project affected by the management plan and at the

  4  Tallahassee offices of each agency. Any plans not objected to

  5  during the public comment period shall be deemed approved.

  6  Any plans for which an objection is filed shall be submitted

  7  to the Board of Trustees of the Internal Improvement Trust

  8  Fund for consideration. The Board of Trustees of the Internal

  9  Improvement Trust Fund shall approve the plan with or without

10  modification, or reject the plan.  The use or possession of

11  any such lands which is not in accordance with an approved

12  land management plan is subject to termination by the board.

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

14  the state pursuant to the Florida Forever Program and other

15  state-funded land purchase programs shall be authorized if

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

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

18  development projects, stormwater management projects, linear

19  facilities, and sustainable agriculture and forestry. For

20  purposes of this provision, linear facilities shall not

21  include petroleum product pipelines. However, the policy

22  adopted by the Board of Trustees of the Internal Improvement

23  Trust Fund on January 23, 1996, relating to linear facilities

24  shall govern transportation uses. The uses described above are

25  authorized:

26         (a)  Where not inconsistent with the management plan

27  for such lands;

28         (b)  Where compatible with the natural ecosystem and

29  resource values of such lands;

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

31  such lands;


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  1         (d)  Where the using entity reasonably compensates the

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

  3  value; and

  4         (e)  Where the use provides a significant public

  5  benefit.

  6

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

  8  section shall be returned to the managing agency in accordance

  9  with the provisions of s. 259.032(11)(d).

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

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

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

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

14  are amended to read:

15         259.032  Conservation and Recreation Lands Trust Fund;

16  purpose.--

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

18  Trustees of the Internal Improvement Trust Fund, may allocate

19  moneys from the Florida Forever Trust Fund in any one year to

20  acquire the fee or any lesser interest in lands for the

21  following public purposes:

22         (a)  To conserve and protect environmentally unique and

23  irreplaceable lands that contain native, relatively unaltered

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

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

26  area;

27         (b)  To conserve and protect lands within designated

28  areas of critical state concern, if the proposed acquisition

29  relates to the natural resource protection purposes of the

30  designation;

31


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

  2  endangered or threatened species, emphasizing long-term

  3  protection for endangered or threatened species designated G-1

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

  5  those areas that are special locations for breeding and

  6  reproduction;

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

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

  9  conservation of such lands is necessary to enhance or protect

10  significant surface water, groundwater, coastal, recreational,

11  timber, or fish or wildlife resources which cannot otherwise

12  be accomplished through local and state regulatory programs;

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

14  for natural resource based recreation and other outdoor

15  recreation on any part of any site compatible with

16  conservation purposes;

17         (f)  To preserve significant archaeological or historic

18  sites; or

19         (g)  To conserve urban open spaces suitable for

20  greenways or outdoor recreation which are compatible with

21  conservation purposes.

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

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

24  and related rules and shall be acquired in accordance with

25  acquisition procedures for state lands provided for in s.

26  259.041, except as otherwise provided by the Legislature. An

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

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

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

30  estimated value of such inholding or addition does not exceed

31  $500,000. When at least 90 percent of the acreage of a project


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

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

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

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

  5  survey costs related to acquisition expenses for lands to be

  6  acquired, donated, or exchanged which qualify under the

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

  8  When the Legislature has authorized the Department of

  9  Environmental Protection to condemn a specific parcel of land

10  and such parcel has already been approved for acquisition

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

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

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

14  including a reasonable attorney's fee, associated with

15  condemnation.

16         (9)

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

18  Florida Forever Conservation and Recreational Lands list of

19  acquisition projects pursuant to s. 259.202(4)(b) s. 259.035,

20  the board of trustees shall adopt a management prospectus for

21  each project. The management prospectus shall delineate: the

22  management goals for the property; the conditions that will

23  affect the intensity of management; an estimate of the

24  revenue-generating potential of the property, if appropriate;

25  a timetable for implementing the various stages of management

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

27  provisions for protecting existing infrastructure and for

28  ensuring the security of the project upon acquisition; the

29  anticipated costs of management and projected sources of

30  revenue, including legislative appropriations, to fund

31  management needs; recommendations as to how many employees


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  1  will be needed to manage the property; and recommendations as

  2  to whether local governments, volunteer groups, the former

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

  4  management.

  5         2.  Concurrent with the approval of the acquisition

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

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

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

  9  appropriate, the management policy statement for the project

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

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

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

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

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

15  Board of Trustees of the Internal Improvement Trust Fund shall

16  first consider having a soil and water conservation district,

17  created pursuant to chapter 582, manage and monitor such

18  interests.

19         3.  State agencies designated to manage lands acquired

20  under this chapter may contract with local governments and

21  soil and water conservation districts to assist in management

22  activities, including the responsibility of being the lead

23  land manager.  Such land management contracts may include a

24  provision for the transfer of management funding to the local

25  government or soil and water conservation district from the

26  Conservation and Recreation Lands Trust Fund in an amount

27  adequate for the local government or soil and water

28  conservation district to perform its contractual land

29  management responsibilities and proportionate to its

30  responsibilities, and which otherwise would have been expended

31  by the state agency to manage the property.


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  1         4.  Immediately following the acquisition of any

  2  interest in lands under this chapter, the Department of

  3  Environmental Protection, acting on behalf of the board of

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

  5  assignment letter to be effective until the execution of a

  6  formal lease.

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

  8  or private entities designated to manage lands under this

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

10  board of trustees, an individual management plan for each

11  project designed to conserve and protect such lands and their

12  associated natural resources. Private sector involvement in

13  management plan development may be used to expedite the

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

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

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

17  this advisory group shall include, at a minimum,

18  representatives of the lead land managing agency, comanaging

19  entities, local private property owners, the appropriate soil

20  and water conservation district, a local conservation

21  organization, and a local elected official.  The advisory

22  group shall conduct at least one public hearing within the

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

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

25  designated for management, advertised in a paper of general

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

27  governing body before the actual public hearing.  The

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

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

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

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


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

  2  trustees. Such plans may include transfers of leasehold

  3  interests to appropriate conservation organizations designated

  4  by the Florida Forever Commission Land Management Advisory

  5  Council for uses consistent with the purposes of the

  6  organizations and the protection, preservation, and proper

  7  management of the lands and their resources. Volunteer

  8  management assistance is encouraged, including, but not

  9  limited to, assistance by youths participating in programs

10  sponsored by state or local agencies, by volunteers sponsored

11  by environmental or civic organizations, and by individuals

12  participating in programs for committed delinquents and

13  adults. For each project for which lands are acquired after

14  July 1, 1995, an individual management plan shall be adopted

15  and in place no later than 1 year after the essential parcel

16  or parcels identified in the annual Florida Forever report or

17  Conservation and Recreation Lands report prepared pursuant to

18  s. 259.035(2)(a) have been acquired. Beginning in fiscal year

19  1998-1999, the Department of Environmental Protection shall

20  distribute only 75 percent of the acquisition funds to which a

21  budget entity or water management district would otherwise be

22  entitled from the Florida Forever Trust Fund or the

23  Preservation 2000 Trust Fund to any budget entity or any water

24  management district that has more than one-third of its

25  management plans overdue.

26         (a)  Individual management plans shall conform to the

27  appropriate policies and guidelines of the state land

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

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

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

31  and the statutory authority for such use or uses.


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  1         2.  Key management activities necessary to preserve and

  2  protect natural resources and restore habitat, and for

  3  controlling the spread of nonnative plants and animals, and

  4  for prescribed fire and other appropriate resource management

  5  activities.

  6         3.  A specific description of how the managing agency

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

  8  use fragile, nonrenewable natural and cultural resources.

  9         4.  A priority schedule for conducting management

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

11  acquired.

12         5.  A cost estimate for conducting priority management

13  activities, to include recommendations for cost-effective

14  methods of accomplishing those activities.

15         6.  A cost estimate for conducting other management

16  activities which would enhance the natural resource value or

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

18  cost estimate shall include recommendations for cost-effective

19  methods of accomplishing those activities.

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

21  consistent with the purposes for which the lands were

22  acquired.

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

24  each individual management plan for parcels which exceed 160

25  acres in size to each member of the Florida Forever Commission

26  Land Management Advisory Council. The commission council

27  shall, within 60 days after receiving a plan from the

28  division, review each plan for compliance with the

29  requirements of this subsection and with the requirements of

30  the rules established by the board pursuant to this

31  subsection. The commission council shall also consider the


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  1  propriety of the recommendations of the managing agency with

  2  regard to the future use or protection of the property. After

  3  its review, the commission council shall submit the plan,

  4  along with its recommendations and comments, to the board of

  5  trustees. The commission council shall specifically recommend

  6  to the board of trustees whether to approve the plan as

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

  8  plan.

  9         (c)  The board of trustees shall consider the

10  individual management plan submitted by each state agency and

11  the recommendations of the Florida Forever Commission Land

12  Management Advisory Council and the Division of State Lands

13  and shall approve the plan with or without modification or

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

15  the board of trustees which is not in accordance with an

16  approved individual management plan is subject to termination

17  by the board of trustees.

18

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

20  the water management districts, and each private entity

21  designated to manage lands shall report to the Secretary of

22  Environmental Protection on the progress of funding, staffing,

23  and resource management of every project for which the agency

24  or entity is responsible.

25         (11)

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

27  cumulative total of funds ever deposited into the Florida

28  Preservation 2000 Trust Fund and the Florida Forever Trust

29  Fund shall be made available from the Conservation and

30  Recreation Lands Trust Fund for the purposes of management,

31  maintenance, and capital improvements, and for associated


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  1  contractual services, for lands acquired pursuant to previous

  2  programs for the acquisition of lands for conservation and

  3  recreation, including state forests, and lands acquired

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

  5  which title is vested in the board of trustees. Of this

  6  amount, $250,000 shall be transferred annually to the Plant

  7  Industry Trust Fund within the Department of Agriculture and

  8  Consumer Services for the purpose of implementing the

  9  Endangered or Threatened Native Flora Conservation Grants

10  Program pursuant to s. 581.185(11). Each agency with

11  management responsibilities shall annually request from the

12  Legislature funds sufficient to fulfill such responsibilities.

13  Capital improvements shall include, but need not be limited

14  to, perimeter fencing, signs, firelanes, access roads and

15  trails, and minimal public accommodations, such as primitive

16  campsites, garbage receptacles, and toilets.

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

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

19  chapter and for associated contractual services, the managing

20  agencies shall recognize the following categories of land

21  management needs:

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

23  basic resource management and protection, such as state

24  reserves, state preserves, state forests, and wildlife

25  management areas.  These lands generally are open to the

26  public but have no more than minimum facilities development.

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

28  requiring more than basic resource management and protection,

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

30  generally have extra restoration or protection needs, higher

31


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  1  concentrations of public use, or more highly developed

  2  facilities.

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

  4  identified needs requiring unique site-specific resource

  5  management and protection. These lands generally are sites

  6  with historic significance, unique natural features, or very

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

  8  to stabilize or protect resources.

  9

10  In evaluating the management funding needs of lands based on

11  the above categories, the lead land managing agencies shall

12  include in their considerations the impacts of, and needs

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

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

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

16  invasive plant species on public lands.  Such goals shall

17  differentiate between aquatic plant species and upland plant

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

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

20  the functioning of natural systems. Notwithstanding paragraph

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

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

23  reserved for control and removal of nonnative, upland,

24  invasive species on public lands.

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

26  than 3.75 percent of the Conservation and Recreation Lands

27  Trust Fund shall be made available annually to the department

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

29  districts, cities, and local governments as defined in

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

31  of board of trustees acquisitions for state agencies under the


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  1  Florida Preservation 2000 Program and Florida Forever Program

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

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

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

  5  provisions of this section.

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

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

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

  9  completed Preservation 2000 and Florida Forever acquisitions

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

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

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 and

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

18  75,000 or less which do not contain all or a portion of an

19  area of critical state concern designated under chapter 380

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

21  at least 1 mill pursuant to s. 236.25(2).

22         4.  Notwithstanding the limitations of paragraph (a),

23  to Glades County, where a privately owned and operated prison

24  leased to the state has recently been opened and where

25  privately owned and operated juvenile justice facilities

26  leased to the state have recently been constructed and opened,

27  in an amount that offsets the loss of property tax revenues,

28  which funds have already been appropriated and allocated for

29  the purpose of reimbursing amounts equal to ad valorem taxes.

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

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


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

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

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

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

  5

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

  7  government" includes municipalities, the county school board,

  8  mosquito control districts, and any other local government

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

10  of a water management district.

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

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

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

14  tax loss from all completed Preservation 2000 acquisitions in

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

16  value.

17         (d)  If insufficient funds are not sufficient available

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

19  school districts, cities, and local governments, such

20  counties, school districts, cities, and local governments

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

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

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

24  preceding acquisition, except that, for purchases completed

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

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

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

28  designated under chapter 380 shall be calculated based solely

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

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

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


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

  2  were exempt from ad valorem taxation for the year immediately

  3  preceding acquisition.  If property which was subject to ad

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

  5  ultimate conveyance to the state under this chapter, payment

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

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

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

  9  department shall certify to the Department of Revenue those

10  properties that may be eligible under this provision.  Payment

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

12  years of annual payments, beginning the year a local

13  government becomes eligible. The Legislature intends that once

14  a governmental entity has been determined eligible for a

15  payment, the entity shall receive 10 consecutive annual

16  payments for each tax loss, and no further eligibility

17  determination shall be made during the period of payment for

18  each tax loss. However, no governmental entity shall receive

19  more than 10 payments for each tax loss.

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

21  paragraph shall be made annually to qualifying counties,

22  school districts, cities, and local governments after

23  certification by the Department of Revenue that the amounts

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

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

26  Department of Environmental Protection has provided supporting

27  documents to the Comptroller and has requested that payment be

28  made in accordance with the requirements of this section.

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

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

31


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

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

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

  4  not used for management, maintenance, or capital improvements

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

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

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

  8  acquisition of land pursuant to this section.

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

10  define the categories of land for acquisition under this

11  chapter.

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

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

14  local governmental entities pursuant to the provisions of s.

15  375.075. This subsection is repealed on July 1, 1999.

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

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

18  Recreation Lands list or the Florida Forever list objecting to

19  the property being included in an acquisition project, where

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

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

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

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

24  project on the list.

25         Section 7.  Section 259.035, Florida Statutes, 1998

26  Supplement, is amended to read:

27         259.035  Advisory council; powers and duties.--

28         (1)  There is created a Florida Forever Commission Land

29  Acquisition and Management Advisory Council to be composed of

30  the secretary and a designee of the department, the director

31  of the Division of Forestry of the Department of Agriculture


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  1  and Consumer Services, the executive director of the Game and

  2  Fresh Water Fish Commission, the director of the Division of

  3  Historical Resources of the Department of State, and the

  4  secretary of the Department of Community Affairs, or their

  5  respective designees, in addition, the Governor shall appoint

  6  four members of the commission, one of which shall be the

  7  chairman. Each member appointed by the Governor must reside in

  8  a different water management district. No person shall be

  9  appointed to the commission who in the 24 months preceding his

10  or her term on the commission has been a lobbyist as defined

11  in s. 112.3148 for an entity whose interests may be affected

12  by projects approved by the commission. Members of the

13  commission appointed by the Governor shall not receive any

14  compensation for their services but shall be entitled to

15  receive reimbursement for per diem and travel expenses

16  incurred in the performance of their duties, as provided in s.

17  112.061. Notwithstanding that s. 112.3143 governs public

18  officers, for the purposes of the Florida Forever Act, the

19  provisions of s. 112.3143 shall apply to members of the

20  Florida Forever Commission who are appointed by the Governor.

21  The chairmanship of the council shall rotate annually in the

22  foregoing order. The commission council shall hold periodic

23  meetings at the request of the chair. The department shall

24  provide primary staff support to the commission council and

25  shall ensure that commission council meetings are

26  electronically recorded. Such recordings shall be preserved

27  pursuant to chapters 119 and 257. The department has authority

28  to adopt rules pursuant to ss. 120.536(1) and 120.54 to

29  implement the provisions of this section.

30         (2)  The commission is directed to establish goals to

31  guide its expenditures by February 15, 2001. The goals must be


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  1  designed to produce specific, measurable results within a

  2  specified period of time. The commission shall give priority

  3  to projects which appear likely to implement its goals. The

  4  commission shall evaluate its success in attaining its goals

  5  and report its findings to the Governor, the President of the

  6  Senate, and the Speaker of the House of Representatives by

  7  July 1, 2004.

  8         (3)(2)(a)  The commission council shall, by the time of

  9  the first board meeting of the board of trustees in February

10  of each year, establish or update a list of acquisition

11  projects to be funded from the Florida Forever Trust Fund and

12  selected for purchase pursuant to this chapter. The commission

13  may also propose eligible acquisition projects to the board of

14  trustees at any time if the projects can be acquired at a

15  price at least 15 percent below appraised value. In scoring

16  potential projects for inclusion on the acquisition list, the

17  commission council shall give greater consideration to

18  projects that can serve as corridors between lands already in

19  public ownership or under management for conservation and

20  recreational purposes.  Acquisition projects shall be ranked,

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

22  individually within 7 up to 10 separate groups, which must

23  include substantially complete projects, mega-multiparcels

24  projects, less-than-fee projects, priority projects,

25  negotiations impasse, projects providing long-term protection

26  for threatened or endangered species, and bargain or shared

27  projects. The commission council shall submit to the board of

28  trustees, together with its list of acquisition projects, a

29  Florida Forever Conservation and Recreation Lands report. For

30  each project on an acquisition list, the commission council

31  shall include in its report the stated purpose for acquiring


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  1  the project, an identification of the essential parcel or

  2  parcels within the project without which the project cannot be

  3  properly managed, an identification of those projects or

  4  parcels within projects which should be acquired in fee simple

  5  or in other than fee simple, an explanation of the reasons why

  6  the commission council selected a particular acquisition

  7  technique, a management policy statement for the project, a

  8  management prospectus pursuant to s. 259.032(9)(b), an

  9  estimate of land value based on county tax assessed values, a

10  map delineating project boundaries, a brief description of the

11  important natural and cultural resources to be protected,

12  preacquisition planning and budgeting, coordination with other

13  public and nonprofit public-lands acquisition programs, a

14  preliminary statement of the extent and nature of public use,

15  an interim management budget, and designation of a management

16  agency or agencies. The Department of Environmental Protection

17  shall prepare the information required by this section for

18  each acquisition project selected for purchase pursuant to

19  this chapter. In addition, the department shall prepare, by

20  July 1 of each year, an acquisition work plan for each project

21  on the acquisition list for which funds will be available for

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

23  disclose any information that is required by this chapter or

24  chapter 253 to remain confidential.

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

26  commission council shall be required in order to place a

27  proposed project on a list. Each list shall contain at least

28  twice the number of projects in terms of estimated cost as

29  there are anticipated funds for purchase. The anticipated cost

30  of each project shall include proposed costs for development

31


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  1  of the lands necessary to meet the public purpose for which

  2  such lands are to be purchased.

  3         (c)  All proposals for acquisition projects pursuant to

  4  this chapter shall be developed and adopted by the commission

  5  council. The commission council shall consider and evaluate in

  6  writing the merits and demerits of each project that is

  7  proposed for acquisition and shall ensure that each proposed

  8  acquisition project will meet a stated public purpose for the

  9  preservation of environmentally endangered lands, for the

10  development of outdoor recreation lands, or as provided in s.

11  259.032(3) or s. 259.202(4), and shall determine whether each

12  acquisition project conforms with the comprehensive plan

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

14  outdoor recreation and conservation plan developed pursuant to

15  s. 375.021, and the state lands management plan adopted

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

17  describing each project proposed for acquisition shall be

18  submitted to the board of trustees. The commission council

19  shall consider and include in each project description its

20  assessment of a project's ecological value, vulnerability,

21  endangerment, ownership pattern, utilization, location, and

22  cost and other pertinent factors in determining whether to

23  recommend a project for state purchase.

24         (4)(3)  Members of the commission council shall serve

25  without compensation but shall be entitled to receive

26  reimbursement by their respective agencies for per diem and

27  travel expenses incurred in the performance of their duties as

28  provided in s. 112.061.

29         Section 8.  Subsection (2) of section 259.036, Florida

30  Statutes, is amended to read:

31         259.036  Management review teams.--


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  1         (2)  The land management review team shall review

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

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

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

  5  managing agency, the Division of State Lands, and the Florida

  6  Forever Commission Land Acquisition and Management Advisory

  7  Council.  The managing agency shall consider the findings and

  8  recommendations of the land management review team in

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

10         Section 9.  Paragraph (a) of subsection (2) of section

11  338.250, Florida Statutes, is amended to read:

12         338.250  Central Florida Beltway Mitigation.--

13         (2)  Environmental mitigation required as a result of

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

15  satisfied in the following manner:

16         (a)  For those projects which the Department of

17  Transportation is authorized to construct, funds for

18  environmental mitigation shall be deposited in the Central

19  Florida Beltway Trust Fund created within the department at

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

21  building authority other than the department is authorized to

22  construct the project, funds for environmental mitigation

23  shall be deposited in a mitigation fund account established in

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

25  be established at the time bond proceeds are deposited into

26  the construction fund for the specific project. These funds

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

28  funds from bond proceeds for mitigation shall be deemed a

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

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

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


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

  2  provided for mitigation for the Southern Connector shall be up

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

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

  5  $1.46 million, and the amount to be provided for mitigation

  6  for the Southern Connector Extension shall be in proportion to

  7  the amount provided for the Southern Connector based upon the

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

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

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

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

12  the construction of the appropriate project. Where feasible,

13  mitigation funds shall be used in coordination with funds from

14  the Florida Forever Trust Fund, the Conservation and

15  Recreation Lands Trust Fund, the Save Our Rivers Land

16  Acquisition Program, or from other appropriate sources.

17         Section 10.  Section 373.59, Florida Statutes, 1998

18  Supplement, is amended to read:

19         373.59  Water Management Lands Trust Fund.--

20         (1)  There is established within the Department of

21  Environmental Protection the Water Management Lands Trust Fund

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

23  section. The moneys in this fund are hereby continually

24  appropriated for the purposes of land acquisition, management,

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

26  and administration of the fund in accordance with the

27  provisions of this section.

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

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

30  the Secretary of Environmental Protection a report of

31  acquisition activity together with modifications or additions


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

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

  3  fee simple interest to achieve water management goals and

  4  those lands which can be acquired using alternatives to fee

  5  simple acquisition techniques and still achieve such goals.

  6  In their evaluation of which lands would be appropriate for

  7  acquisition through alternatives to fee simple, district staff

  8  shall consider criteria including, but not limited to,

  9  acquisition costs, the net present value of future land

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

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

12  generated from activities compatible with acquisition

13  objectives. The report shall also include a description of

14  land management activity. Expenditure of moneys from the Water

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

16  acquisition, management, maintenance, and capital improvements

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

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

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

20  charged proportionally against each district's allocation

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

22  acquisition of lands shall occur without a public hearing

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

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

25  acquisition, each district shall identify lands needed to

26  protect or recharge groundwater and shall establish a plan for

27  their acquisition as necessary to protect potable water

28  supplies. Lands which serve to protect or recharge groundwater

29  identified pursuant to this paragraph shall also serve to

30  protect other valuable natural resources or provide space for

31  natural resource based recreation.


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

  2  acquisition, management, maintenance, and capital improvements

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

  4  acquisition plan of the district:

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

  6  in the water conservation areas and areas adversely affected

  7  by raising water levels of Lake Okeechobee in accordance with

  8  present regulation schedules, and the Savannahs Wetland area

  9  in Martin County and St. Lucie County.

10         2.  By Southwest Florida Water Management

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

12  Green Swamp, Upper Hillsborough and Cypress Creek, Anclote

13  Water Storage Lands (Starkey), Withlacoochee and Hillsborough

14  riverine corridors, and Sawgrass Lake addition.

15         3.  By St. Johns River Water Management

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

17  the upper St. Johns River Basin.

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

19  in Suwannee River Valley.

20         5.  By Northwest Florida Water Management

21  District--lands in the Choctawhatchee and Apalachicola River

22  Valleys.

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

24  unwilling seller from its plan of acquisition at the next

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

26  so by the property owner.

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

28  Management Lands Trust Fund shall be used for acquiring the

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

30  water supply, and the conservation and protection of water

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


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

  2  Moneys from the Water Management Lands Trust Fund shall also

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

  4  Interests in real property acquired by the districts under

  5  this section may be used for permittable water resource

  6  development and water supply development purposes under the

  7  following conditions: the minimum flows and levels of priority

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

  9  complies with all conditions for issuance of a permit under

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

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

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

13  managed and maintained in an environmentally acceptable manner

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

15  and protect their natural state and condition.

16         (b)  The Secretary of Environmental Protection shall

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

18  district for preacquisition costs for projects approved by the

19  Florida Forever Commission within 30 days after receipt of a

20  resolution adopted by the district's governing board which

21  identifies and justifies any such preacquisition costs

22  necessary for the purchase of any lands listed in the

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

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

25  resolution, and the department shall deposit the unused funds

26  into the Water Management Lands Trust Fund.

27         (c)  The Secretary of Environmental Protection shall

28  release acquisition moneys from the Florida Forever Water

29  Management Lands Trust Fund to a district for a project

30  approved by the commission following receipt of a resolution

31  adopted by the governing board identifying the lands being


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  1  acquired and certifying that such acquisition is consistent

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

  3  The governing board shall also provide to the Secretary of

  4  Environmental Protection a copy of all certified appraisals

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

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

  7  appraisals are required when the estimated value of the parcel

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

  9  $500,000 and differ significantly, a third appraisal may be

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

11  price, the governing board shall submit written justification

12  for the increased price. The Secretary of Environmental

13  Protection may withhold moneys for any purchase that is not

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

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

16  appeal any denial to the Land and Water Adjudicatory

17  Commission pursuant to s. 373.114.

18         (d)  The Secretary of Environmental Protection shall

19  release moneys from the Florida Forever Trust Fund to a

20  district for a water resource development project following

21  receipt of a resolution adopted by the governing board

22  identifying the project and certifying its approval by the

23  commission.

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

25  release to the districts moneys from the Water Management

26  Lands Trust Fund for management, maintenance, and capital

27  improvements following receipt of a resolution and request

28  adopted by the governing board which specifies the designated

29  managing agency, specific management activities, public use,

30  estimated annual operating costs, and other acceptable

31  documentation to justify release of moneys.


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  1         (5)  Water management land acquisition costs shall

  2  include payments to owners and costs and fees associated with

  3  such acquisition.

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

  5  until necessary debt service obligations are provided for any

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

  7  section.

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

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

10  the Water Management Lands Trust Fund as security for such

11  bonds or notes. The Department of Environmental Protection

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

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

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

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

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

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

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

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

20  Water Management Lands Trust Fund fund shall accumulate in the

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

22  such portion shall also accumulate to the credit of that

23  district to be used for land acquisition, management,

24  maintenance, and capital improvements as provided in this

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

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

27  by resolution of the district governing board stating that the

28  need for the moneys no longer exists.

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

30  shall be allocated to the five water management districts in

31  the following percentages:


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  1         (a)  Thirty percent to the South Florida Water

  2  Management District.

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

  4  Management District.

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

  6  Management District.

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

  8  District.

  9         (e)  Ten percent to the Northwest Florida Water

10  Management District.

11         (9)  Each district may use its allocation under

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

13  improvements. Capital improvements shall include, but need not

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

15  invasive exotic species, controlled burning, habitat inventory

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

17  minimal public accommodations, such as primitive campsites,

18  garbage receptacles, and toilets.

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

20  fund not needed to meet current obligations incurred under

21  this section shall be transferred to the State Board of

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

23  the manner provided by law.  Interest received on such

24  investments shall be credited to the fund.

25         (11)  Lands acquired for the purposes enumerated in

26  this section shall also be used for general public

27  recreational purposes.  General public recreational purposes

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

29  horseback riding, swimming, camping, hiking, canoeing,

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

31  outdoor activities to the maximum extent possible considering


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    CS for CS for SB 908                           First Engrossed



  1  the environmental sensitivity and suitability of those lands.

  2  These public lands shall be evaluated for their resource value

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

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

  5  public recreational purposes. Such findings must shall be

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

  7  such public lands within 1 year after acquisition and updated

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

  9  to the public for these purposes, unless the district

10  governing board can demonstrate that such activities would be

11  incompatible with the purposes for which these lands were

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

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

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

15  will be used for agricultural purposes, the district governing

16  board shall first consider having a soil and water

17  conservation district created pursuant to chapter 582 manage

18  and monitor such interest.

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

20  this section, pursuant to s. 373.056 or s. 373.089. Revenues

21  derived from the disposition of lands acquired with funds from

22  the Preservation 2000 or Florida Forever programs must be used

23  to acquire other lands eligible for acquisition pursuant to

24  those programs. However, Revenue derived from the such

25  disposal of other lands may not be used for any purpose

26  specified except the purchase of other lands meeting the

27  criteria specified in this section or payment of debt service

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

29  in this section.

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

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


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    CS for CS for SB 908                           First Engrossed



  1  any district for prior expenditures for land acquisition from

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

  3  funds provided herein or to refund or refinance outstanding

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

  5  than its share of the funds provided herein.

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

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

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

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

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

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

12  qualifying counties, school districts, cities, and local

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

14  valorem tax losses incurred as a result of lands purchased

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

16  259.101(3)(b) and 259.202(3)(c). In addition, the Northwest

17  Florida Water Management District, the South Florida Water

18  Management District, the Southwest Florida Water Management

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

20  the Suwannee River Water Management District shall pay to

21  qualifying counties payments in lieu of taxes for district

22  lands acquired with funds allocated pursuant to subsection

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

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

25  management purposes or land acquisition in accordance with

26  this section.

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

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

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

30  loss from all completed Preservation 2000 or Florida Forever

31  acquisitions in the county exceeds 0.01 percent of the


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

  2  less. and

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

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

  5  concern designated pursuant to chapter 380, and to local

  6  governments within such counties.

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

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

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

10  concern designated under chapter 380 and which levy the

11  maximum millage under s. 236.25(1) and levy at least 1 mill

12  pursuant to s. 236.25(2).

13

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

15  includes municipalities, the county school board, mosquito

16  control districts, and any other local government entity that

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

18  management district.

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

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

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

22  tax loss from all completed Preservation 2000 acquisitions in

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

24  taxable value.

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

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

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

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

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

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

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


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    CS for CS for SB 908                           First Engrossed



  1  years immediately preceding acquisition, except that, for

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

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

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

  5  state concern designated under chapter 380 shall be calculated

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

  7  236.25(1) and (2). For lands purchased prior to July 1, 1992,

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

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

10  1, 1992, applications for payment in lieu of taxes shall be

11  made no later than January 31 of the year following

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

13  properties that which were exempt from ad valorem taxation for

14  the year immediately preceding acquisition.  Payment in lieu

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

16  of annual payments. The Legislature intends that once a

17  governmental entity has been determined eligible for a

18  payment, the entity shall receive 10 consecutive annual

19  payments for each tax loss, and no further eligibility

20  determination shall be made within the period of payment for

21  each tax loss. However, no governmental entity shall receive

22  more than 10 payments for each tax loss.

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

24  30 days after: certification by the Department of Revenue that

25  the amounts applied for are appropriate, certification by the

26  Department of Environmental Protection that funds are

27  available, and completion of any fund transfers to the

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

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

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

31  or in-kind services provided to that governmental entity


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

  2  reduction in payments shall remain in the Water Management

  3  Lands Trust Fund for purposes provided by law.

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

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

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

  7  government shall be discontinued as of the date of the

  8  conveyance.

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

10  provide land management and other services.  Volunteers shall

11  be covered by liability protection and workers' compensation

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

13  writing by such volunteers or unless such volunteers otherwise

14  provide equivalent insurance.

15         (16)  Each water management district is authorized and

16  encouraged to enter into cooperative land management

17  agreements with state agencies or local governments to provide

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

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

20  the Internal Improvement Trust Fund, or local governments hold

21  title. Any such cooperative land management agreement must be

22  consistent with any applicable laws governing land use,

23  management duties, and responsibilities and procedures of each

24  cooperating entity. Each cooperating entity is authorized to

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

26  management on any such lands included in a cooperative land

27  management agreement.

28         (17)  Notwithstanding any provision of this section to

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

30  governing board of a water management district may request,

31  and the Secretary of Environmental Protection shall release


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  1  upon such request, moneys allocated to the districts pursuant

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

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

  4  pursuant to this subsection until necessary debt service

  5  obligations and requirements for payments in lieu of taxes

  6  that may be required pursuant to this section are provided

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

  8         Section 11.  Subsections (16) and (17) are added to

  9  section 380.503, Florida Statutes, to read:

10         380.503  Definitions.--As used in ss. 380.501-380.515,

11  unless the context indicates a different meaning or intent:

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

13  of a central city; adjacent cities and smaller surrounding

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

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

16  characterized by social, economic, and institutional

17  activities that are predominantly based on the manufacture,

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

19  in a setting that typically includes residential and

20  nonresidential development uses other than those

21  characteristic of rural areas.

22         Section 12.  Subsection (1) of section 380.504, Florida

23  Statutes, is amended to read:

24         380.504  Florida Communities Trust; creation;

25  membership; expenses.--

26         (1)  There is created within the Department of

27  Community Affairs a nonregulatory state agency and

28  instrumentality, which shall be a public body corporate and

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

30  governing body of the trust shall consist of:

31


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

  2  Secretary of Environmental Protection, and the director of the

  3  Division of Historical Resources in the Department of State;

  4  and

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

  6  appoint, subject to Senate confirmation.

  7

  8  The Governor shall appoint a former elected official of a

  9  county local government, a former elected official of a

10  metropolitan municipal government, a representative of a

11  nonprofit organization as defined in this part, and a

12  representative of the development industry. The Secretary of

13  Community Affairs may designate his or her assistant secretary

14  or the director of the Division of Community Resource Planning

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

16  of Environmental Protection may appoint his or her deputy

17  secretary assistant executive director, the deputy assistant

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

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

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

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

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

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

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

25         Section 13.  Section 380.505, Florida Statutes, is

26  amended to read:

27         380.505  Meetings; quorum; voting.--The powers of the

28  trust shall be vested in its governing body members.  The

29  governing body may delegate such powers to department staff as

30  it deems necessary. Four Three members of the governing body

31  shall constitute a quorum for the purpose of conducting its


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  1  business and exercising its powers and for all other purposes.

  2  However, the governing body may take action only upon an

  3  affirmative vote of at least four three members.  The

  4  governing body shall meet at least quarterly, and may meet

  5  more often at the call of the chair or upon an affirmative

  6  vote of three members.

  7         Section 14.  Subsection (11) of section 380.507,

  8  Florida Statutes, is amended to read:

  9         380.507  Powers of the trust.--The trust shall have all

10  the powers necessary or convenient to carry out the purposes

11  and provisions of this part, including:

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

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

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

15  adopt rules governing the acquisition of lands by local

16  governments or the trust using proceeds from the Preservation

17  2000 Trust Fund and the Florida Forever Trust Fund consistent

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

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

20  appraisals and confidentiality consistent with ss.

21  125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of

22  determining a maximum purchase price, and procedures to assure

23  that the land is acquired in a voluntarily negotiated

24  transaction, surveyed, conveyed with marketable title, and

25  examined for hazardous materials contamination. Land

26  acquisition procedures of a local land authority created

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

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

29  within areas of critical state concern designated pursuant to

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

31


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  1         Section 15.  Subsections (5) and (6) of section

  2  420.5092, Florida Statutes, are amended to read:

  3         420.5092  Florida Affordable Housing Guarantee

  4  Program.--

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

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

  7  420.509, revenue bonds of the corporation to establish the

  8  guarantee fund.  Such revenue bonds shall be primarily payable

  9  from and secured by annual debt service reserves, from

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

11  from fees, charges, and reimbursements established by the

12  corporation for the issuance of affordable housing guarantees,

13  and from any other revenue sources received by the corporation

14  and deposited by the corporation into the guarantee fund for

15  the issuance of affordable housing guarantees.  To the extent

16  such primary revenue sources are considered insufficient by

17  the corporation, pursuant to the certification provided in

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

19  the certified deficiency in such reserve shall be additionally

20  payable from the first proceeds of the documentary stamp tax

21  moneys deposited into the State Housing Trust Fund pursuant to

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

23  the ensuing state fiscal year.

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

25  repayment of revenue bonds used to establish the guarantee

26  fund are insufficient for such repayment, the annual principal

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

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

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

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

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


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  1  annual debt service reserve from interest earned pursuant to

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

  3  reimbursements received from issued affordable housing

  4  guarantees and other revenue sources available to the

  5  corporation. Based upon the findings in such guarantee fund

  6  financial audit, the corporation shall certify to the

  7  Comptroller the amount of any projected deficiency in the

  8  annual debt service reserve for any series of outstanding

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

10  necessary to maintain such annual debt service reserve. Upon

11  receipt of such certification, the Comptroller shall transfer

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

13  taxes distributed to the State Housing Trust Fund pursuant to

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

15  the ensuing state fiscal year, the amount certified as

16  necessary to maintain the annual debt service reserve.

17         (b)  If the claims payment obligations under affordable

18  housing guarantees from amounts on deposit in the guarantee

19  fund would cause the claims paying rating assigned to the

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

21  classification of any nationally recognized rating service,

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

23  rules adopted thereto by the State Board of Administration,

24  the corporation shall certify to the Comptroller the amount of

25  such claims payment obligations. Upon receipt of such

26  certification, the Comptroller shall transfer to the guarantee

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

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

29  201.15(6)(a) and (7)(a) during the ensuing state fiscal year,

30  the amount certified as necessary to meet such obligations,

31  such transfer to be subordinate to any transfer referenced in


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

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

  3  201.15(7)(a) and (8)(a) s. 201.15(6)(a) and (7)(a) during the

  4  preceding state fiscal year.

  5         Section 16.  Section 420.9073, Florida Statutes, 1998

  6  Supplement, is amended to read:

  7         420.9073  Local housing distributions.--

  8         (1)  Distributions calculated in this section shall be

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

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

11  420.9072.  Each county's share of the funds to be distributed

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

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

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

15  follows:

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

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

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

19  Florida, shall receive the guaranteed amount for each fiscal

20  year.

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

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

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

24  Florida, may receive an additional share calculated as

25  follows:

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

27  state population excluding the population of any county that

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

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

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

31


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

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

  3  county's additional share shall be zero.

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

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

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

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

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

  9  determined for all counties.  Each such county shall receive

10  an additional share equal to such percentage multiplied by the

11  total funds received by the Local Government Housing Trust

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

13  guaranteed amount paid to all counties.

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

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

16  agency beginning the first day of the month after program

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

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

19  Local Government Housing Trust Fund received pursuant to s.

20  201.15(8) s. 201.15(7) shall be calculated by the agency for

21  each fiscal year as follows:

22         (a)  Each county shall receive the guaranteed amount

23  for each fiscal year.

24         (b)  Each county may receive an additional share

25  calculated as follows:

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

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

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

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

30  county's additional share shall be zero.

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

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

  3  calculated in subparagraph 1. shall be reduced by the

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

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

  6  counties.  Each such county shall receive an additional share

  7  equal to this percentage multiplied by the total funds

  8  received by the Local Government Housing Trust Fund pursuant

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

10  amount paid to all counties.

11         (3)  Calculation of guaranteed amounts:

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

13  be calculated for each state fiscal year by multiplying

14  $350,000 by a fraction, the numerator of which is the amount

15  of funds distributed to the Local Government Housing Trust

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

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

18  Government Housing Trust Fund pursuant to s. 201.15.

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

20  be calculated for each state fiscal year by multiplying

21  $350,000 by a fraction, the numerator of which is the amount

22  of funds distributed to the Local Government Housing Trust

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

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

25  Government Housing Trust Fund pursuant to s. 201.15.

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

27  be pledged to pay debt service on any bonds.

28         Section 17.  (1)  An educational program to enhance the

29  state's schools, community colleges, and universities, which

30  will foster business, industry, research, and development, is

31  created. This program will integrate into existing curricula


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  1  the knowledge, skills, and experience that will result in

  2  informed decisions, responsible behavior, and constructive

  3  actions through project-based learning.

  4         (2)  The education program will be based on present and

  5  future projects involving ecosystem restoration. The program

  6  will include teacher training and curriculum development in

  7  all disciplines, with cooperative efforts between schools,

  8  colleges, universities, and businesses, to provide practical,

  9  hands-on experience and to encourage enrollment in

10  mathematics, engineering, and science, such as Broward

11  County's Saturday-Science Summer Academy, SECME-Southeastern

12  Consortium for Minorities in Engineering Program, Miami-Dade

13  County's Urban Systemic Initiative, and others in rural areas

14  to be administered through the Commissioner of Education,

15  school districts, the Board of Regents, and the State Board of

16  Community Colleges.

17         (3)  There is created the Florida Forever Advisory

18  Council on Ecosystem Restoration Education. Members will

19  include:

20         (a)  Two members of the Senate, appointed by the

21  President of the Senate.

22         (b)  Two members of the House of Representatives,

23  appointed by the Speaker of the House of Representatives.

24         (c)  The following appointees of the Governor:

25         1.  A representative of the business community.

26         2.  A representative of the Executive Office of the

27  Governor.

28         (d)  A representative of the State Board of Community

29  Colleges appointed by the Commissioner of Education.

30         (e)  A representative of the Department of Education

31  appointed by the Commissioner of Education.


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  1         (f)  A representative of the Board of Regents appointed

  2  by its chairperson.

  3         (g)  A representative of the Fish and Wildlife

  4  Conservation Commission appointed by its chairperson.

  5         (h)  A representative of the Department of

  6  Environmental Protection appointed by its secretary.

  7         (i)  The chairman of the Environmental Education

  8  Foundation.

  9         (j)  A representative of each of the water management

10  districts appointed by the chairperson of each governing

11  board.

12

13  Each member who is a public official shall perform the duties

14  of council members in addition to the duties of his or her

15  official position. Legislative members shall be appointed to

16  terms that correspond to their terms of office. All other

17  members shall be appointed to staggered 4-year terms and may

18  be reappointed.

19         (4)  The council shall elect a chairperson from its

20  legislator members and a vice chairperson and other officers

21  as it finds necessary. Those officers shall serve 1-year terms

22  but may be reelected. If a council member who is a legislator

23  ceases to hold that position, the council membership held by

24  that person becomes vacant and a replacement member shall be

25  named by the appointing person. A council member may not be

26  compensated for his or her service, but is entitled to per

27  diem and travel expenses as provided in section 112.061,

28  Florida Statutes. The council shall:

29         (a)  Serve as a forum for the discussion and study of

30  problems that affect the education program.

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  1         (b)  Recommend a priority list for the types of

  2  programs to be funded.

  3         (c)  Not less than 90 days before each regular session

  4  of the Legislature, prepare and submit a report of its

  5  findings and recommendations to the Governor, each officer of

  6  the Cabinet, the President of the Senate, and the Speaker of

  7  the House of Representatives. The report must state reasons

  8  and supporting data for its recommendations.

  9         (5)  The Department of Education shall provide staff

10  support and related services for the education program. It

11  shall evaluate the education program and prepare reports and

12  studies to increase the effectiveness of the program.

13         (6)  Moneys from the Florida Forever Trust Fund may not

14  be appropriated to implement this program.

15         Section 18.  Agencies and water management districts

16  receiving funds from the Florida Forever Program shall adopt

17  rules pursuant to chapter 120, Florida Statutes, to implement

18  the program which, at a minimum, establish procedures for

19  evaluating, selecting, and prioritizing proposed acquisitions

20  and water resource development projects.

21         Section 19.  Subsection (3) is added to section

22  375.075, Florida Statutes, to read:

23         375.075  Outdoor recreation; financial assistance to

24  local governments.--

25         (3)  A local government may submit up to two grant

26  applications during each application period announced by the

27  department. However, a local government may not have more than

28  three active projects expending grant funds during any state

29  fiscal year. The maximum project grant for each project

30  application may not exceed $200,000 in state funds.

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  1         Section 20.  Section 373.584, Florida Statutes, is

  2  repealed.

  3         Section 21.  The repeal of section 373.584, Florida

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

  5  obligations issued under that section which are outstanding on

  6  July 1, 2000.

  7         Section 22.  If the Department of Environmental

  8  Protection or a water management district has made a payment

  9  in lieu of taxes to a governmental entity and subsequently

10  suspended such payment, the department or water management

11  district shall reinstitute appropriate payments and continue

12  the payments in consecutive years until the governmental

13  entity has received a total of ten payments for each tax loss.

14         Section 23.  Except for this section and section 22,

15  which shall take effect upon becoming a law, this act shall

16  take effect July 1, 2000.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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