Senate Bill 1274
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Florida Senate - 2000 SB 1274
By Senator Laurent
10-1097-00 See HB
1 A bill to be entitled
2 An act relating to the Green Swamp Area of
3 Critical State Concern; amending s. 380.0677,
4 F.S.; creating the Green Swamp Land Protection
5 Initiative; providing mission; providing powers
6 of the Division of State Lands of the
7 Department of Environmental Protection;
8 providing for negotiation of conservation
9 easements for land protection; requiring
10 development of an acquisition work plan;
11 providing factors for selection of properties;
12 providing for an annual list of proposed
13 acquisitions; directing the division to develop
14 a conservation easement program; providing
15 rulemaking authority; providing for
16 coordination and assistance of the Florida
17 Communities Trust Program within the Department
18 of Community Affairs, the Boards of County
19 Commissioners for Polk and Lake Counties, the
20 Southwest Florida Water Management District,
21 and the St. Johns River Water Management
22 District; providing for ownership rights and
23 interests and use of property conveyed through
24 a conservation easement; deleting powers and
25 duties of the Green Swamp Land Authority;
26 deleting provisions relating to land protection
27 agreements, termination of such agreements, and
28 reversion of certain appropriated funds;
29 amending ss. 259.041, 259.101, 259.105, and
30 380.507, F.S.; conforming references and
31 cross-references; providing an effective date.
1
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Florida Senate - 2000 SB 1274
10-1097-00 See HB
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 380.0677, Florida Statutes, is
4 amended to read:
5 380.0677 Green Swamp Land Protection Initiative
6 Authority.--
7 (1) CREATION.--There is hereby created the Green Swamp
8 Land Protection Initiative Authority.
9 (2) MISSION.--The mission of the Green Swamp Land
10 Protection Initiative Authority shall be to balance the
11 protection of the ecological values of the Green Swamp Area of
12 Critical State Concern with the protection of private property
13 rights and the interests of taxpayers through the acquisition
14 of lands, or rights or interests in lands, from willing
15 sellers within the Green Swamp Area of Critical State Concern.
16 To that end, the authority is encouraged to coordinate with
17 the Division of State Lands of the Department of Environmental
18 Protection is encouraged to coordinate with, the Florida
19 Communities Trust Program within the Department of Community
20 Affairs, the Boards of County Commissioners for Polk and Lake
21 Counties, the Southwest Florida Water Management District, and
22 the St. Johns River Water Management District to identify,
23 select, and acquire less-than-fee-simple interests or rights
24 in parcels within the Green Swamp Area of Critical State
25 Concern, as part of overall land acquisition efforts by the
26 state and the districts. When the Department of Environmental
27 Protection and the water management districts are planning to
28 acquire parcels within the Green Swamp Area of Critical State
29 Concern, they shall consider acquiring such parcels using
30 alternatives to fee simple techniques in consultation with the
31 land authority.
2
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Florida Senate - 2000 SB 1274
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1 (3) POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED
2 ACQUISITIONS.--The Green Swamp Land Authority shall have all
3 the powers pursuant to s. 380.0666, except that it may not
4 issue bonds and must annually submit its budget to the
5 Governor and the Legislature for review. In addition, the
6 authority must annually submit a list of proposed acquisitions
7 to the Governor for review and approval. The Governor may
8 remove proposed acquisitions from the list, with cause, if the
9 Governor determines such acquisitions would not further the
10 mission of the authority. By September 5 of the fiscal year in
11 which the authority's budget is submitted, the chairpersons of
12 the appropriations committees of the Senate and the House of
13 Representatives may transmit to the Governor and the authority
14 comments on and objections to the proposed budget. The
15 Governor shall respond in writing to the comments and
16 objections.
17 (3)(4) APPLICATION FOR CONSERVATION EASEMENT LAND
18 PROTECTION AGREEMENT; LIST OF PROPOSED ACQUISITIONS.--Owners
19 of agricultural and other property within the Green Swamp Area
20 of Critical State Concern may shall have 3 years from the
21 effective date of the land authority's rules to apply to the
22 Division of State Lands land authority concerning their
23 interest in signing a conservation easement. A conservation
24 easement land protection agreement restricting some or all of
25 their rights to their land. A land protection agreement is a
26 voluntarily negotiated instrument which may provide
27 compensation to a landowner in return for an undivided
28 perpetual interest in real property the willingness of the
29 landowner to accept restrictions or conditions on the use of
30 the parcel of land, including the right to develop the land as
31 defined in s. 380.04, and may be created or stated in the form
3
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Florida Senate - 2000 SB 1274
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1 of an easement in any deed, will, or other instrument executed
2 by or on the behalf of the owner of the property and subject
3 to the provisions in s. 704.06. The conservation easement
4 agreement shall include provisions for compliance and shall be
5 recorded and indexed in the same manner as any other
6 instrument affecting the title to real property. A
7 conservation easement land protection agreement signed by the
8 fee simple owner does not confer with it the right of public
9 access to the real property, unless public access is a right
10 specified within the easement agreement. Selected applicants'
11 properties shall be ranked on the authority's list of proposed
12 acquisitions. Work shall continue on listed projects for which
13 acquisition has begun but not closed within the 3-year period,
14 until the acquisition is successfully completed. During the
15 time the property remains on the authority's list of proposed
16 acquisitions, and for 2 years thereafter, the property owner
17 may not change the current use of the property.
18 (4)(5) ACQUISITION WORK PLAN SELECTION; CRITERIA.--The
19 Division of State Lands, with the Florida Communities Trust
20 Program within the Department of Community Affairs, the Boards
21 of County Commissioners for Polk and Lake Counties, the
22 Southwest Florida Water Management District, and the St. Johns
23 River Water Management District, authority shall develop a
24 work plan to identify procedure for competitive selection of
25 properties appropriate for conservation easements land
26 protection agreements. Selection of properties to be included
27 in the work plan criteria shall be based primarily on the
28 water resource and ecological and environmental resource
29 values of the parcels. Other factors may include the threat of
30 impending development, and the historical significance of the
31 property, or other factors determined to be relevant by the
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Florida Senate - 2000 SB 1274
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1 division, in consultation with the Florida Communities Trust
2 Program within the Department of Community Affairs, the Boards
3 of County Commissioners for Polk and Lake Counties, the
4 Southwest Florida Water Management District, and the St. Johns
5 River Water Management District authority. Conservation
6 easements land protection agreements shall be voluntary. The
7 price paid for an interest in land or restricting the rights
8 or interests in land shall not exceed the appraised value of
9 those rights or interests. The selected properties shall
10 constitute a list of proposed acquisitions, to be updated at
11 least annually.
12 (5)(6) PROGRAM; CONSIDERATION.--The division
13 authority, with the assistance of the Florida Communities
14 Trust Program within the Department of Community Affairs, the
15 Boards of County Commissioners for Polk and Lake Counties, the
16 Southwest Florida Water Management District, and the St. Johns
17 River Water Management District Districts, shall develop a
18 conservation easement land protection agreement program,
19 including procedures for selecting, valuing, and monitoring to
20 ensure compliance with the purposes of this section within the
21 Green Swamp Area of Critical State Concern. The Division of
22 State Lands shall Southwest Florida and St. Johns River Water
23 Management Districts may act as the acquisition agent agents
24 for the initiative land authority, and title to the lands, or
25 interests or rights in lands acquired pursuant to this
26 section, shall vest in the district where the acquisition
27 project is located. Among the procedures shall be a process
28 for determining the amount of consideration that may be paid
29 in exchange for an undivided perpetual interest in the real
30 property or a restriction on interest in the real property for
31 the willingness of a property owner to accept restrictions or
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Florida Senate - 2000 SB 1274
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1 conditions according to the terms of a land protection
2 agreement. The division may adopt authority shall make rules
3 necessary to carry out this section. To encourage
4 participation in the land protection agreement program and to
5 create a sense of fairness, the land authority is directed in
6 making rules to reflect changes in land values as a result of
7 the designation of the Green Swamp Area of Critical State
8 Concern and implementation of Polk and Lake Counties'
9 comprehensive plans. Such rules shall be reviewed by the
10 Southwest Florida and St. Johns River Water Management
11 Districts.
12 (6)(7) APPROPRIATIONS.--From funds appropriated to the
13 Department of Environmental Protection for land acquisition
14 from the Conservation and Recreation Lands Trust Fund for
15 fiscal years 1994-1995, 1995-1996, and 1996-1997, $4 million
16 shall be reserved each fiscal year to carry out the purposes
17 of this section. To the extent practicable, moneys
18 appropriated from the Conservation and Recreation Lands Trust
19 Fund, Save Our Rivers Trust Fund, and Florida Communities
20 Trust Fund shall be used to acquire lands, or interests or
21 rights in lands, on the Conservation and Recreation Lands,
22 Save Our Rivers, or Florida Communities Trust land acquisition
23 plans or lists, as defined in s. 259.035, or a land
24 acquisition plan under s. 373.59 or s. 380.508. However,
25 nothing in this subsection prohibits the Green Swamp Land
26 Authority from entering into land protection agreements with
27 any property owner whose property is not on any of such lists.
28 From sums appropriated to the Department of Environmental
29 Protection from the Water Management District Lands Trust Fund
30 for fiscal years 1994-1995, 1995-1996, and 1996-1997, $3
31 million shall be reserved each fiscal year to carry out the
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Florida Senate - 2000 SB 1274
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1 purposes of this section. Such amounts as are used from the
2 Water Management District Lands Trust Fund shall be credited
3 against the allocations as provided in s. 373.59 to the St.
4 Johns River Water Management District or the Southwest Florida
5 Water Management District in proportion to the amount of lands
6 for which an interest was acquired, and shall not be required
7 by a district for debt service payments or land management
8 purposes. From funds appropriated to the Department of
9 Community Affairs for the Florida Communities Trust Program
10 from the Preservation 2000 Trust Fund for fiscal years
11 1994-1995 through 1999-2000, $3 million shall be reserved each
12 fiscal year to carry out the purposes of this section.
13 Appropriations identified pursuant to this subsection shall
14 fund the acquisition of lands, or the interests or rights in
15 lands, and related costs of acquisition. Such funds shall be
16 available for expenditure after the land authority has adopted
17 rules to begin its program. Funds reserved pursuant to this
18 subsection, for each of the referenced fiscal years, shall
19 remain available for the purposes specified in this subsection
20 for 24 months from the date on which such funds become
21 available for disbursement. After such time has elapsed, any
22 funds which are not legally obligated for expenditure shall be
23 released for the lawful purposes for which they were otherwise
24 appropriated.
25 (7)(8) OWNERSHIP RIGHTS AND INTERESTS.--Ownership of
26 any rights or interests which are conveyed through a
27 conservation easement land protection agreement shall vest in
28 the Southwest Florida Water Management District or the St.
29 Johns River Water Management District, based on where the
30 acquisition project is located. The districts shall monitor
31 the conservation easements agreements under their respective
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Florida Senate - 2000 SB 1274
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1 jurisdictions to ensure compliance with the terms of the
2 easements agreements, and shall provide the county property
3 appraiser, the county tax collector, and the county manager
4 with copies of conservation easements land protection
5 agreements that specify the deed restrictions on lands.
6 (8)(9) USE OF PROPERTY AGREEMENT.--A private property
7 owner who enters into a conservation easement land protection
8 agreement may use the property in any manner consistent with
9 the terms of the easement agreement. A conservation easement
10 that land protection agreement which limits the use of
11 property to agriculture shall allow the owner to change from
12 one agricultural activity to another unless otherwise
13 prohibited by the provisions of the easement agreement. Unless
14 otherwise stated, easements agreements shall not prohibit the
15 construction or operation of: barns or other buildings
16 necessary to agricultural activities, such as employment
17 housing; hunting and fishing camps; or a specified number of
18 single-family residences solely for the use of the property
19 owner or the owner's family.
20 (10) TERMINATION OF LAND PROTECTION AGREEMENTS.--A fee
21 simple owner of lands subject to a land protection agreement
22 may petition the governing board of the water management
23 district which holds title to the interests or rights in those
24 lands to terminate the agreement. If the district finds that
25 ownership of a parcel of land or interests or rights in a
26 parcel of land acquired pursuant to this section is no longer
27 needed to protect the Green Swamp Area of Critical State
28 Concern, the district may dispose of the land, or interests or
29 rights in the land, according to procedures adopted pursuant
30 to s. 373.089.
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Florida Senate - 2000 SB 1274
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1 (9)(11) PROPERTY RIGHTS PROTECTED.--Nothing in this
2 section shall be construed to abrogate the constitutionally
3 protected property rights of private property owners within
4 the Green Swamp Area of Critical State Concern, whether or not
5 they choose to participate in the Green Swamp Land Protection
6 Initiative Authority's acquisition program.
7 Section 2. Paragraph (b) of subsection (11) of section
8 259.041, Florida Statutes, is amended to read:
9 259.041 Acquisition of state-owned lands for
10 preservation, conservation, and recreation purposes.--
11 (11)
12 (b) All project applications shall identify, within
13 their acquisition plans, those projects which require a full
14 fee simple interest to achieve the public policy goals,
15 together with the reasons full title is determined to be
16 necessary. The state agencies and the water management
17 districts may use alternatives to fee simple acquisition to
18 bring the remaining projects in their acquisition plans under
19 public protection. For the purposes of this subsection, the
20 term "alternatives to fee simple acquisition" includes, but is
21 not limited to: purchase of development rights; obtaining
22 conservation easements; obtaining flowage easements; purchase
23 of timber rights, mineral rights, or hunting rights; purchase
24 of agricultural interests or silvicultural interests; entering
25 into land protection agreements; entering into conservation
26 easements as defined in s. 380.0677(3)(5); fee simple
27 acquisitions with reservations; creating life estates; or any
28 other acquisition technique which achieves the public policy
29 goals listed in paragraph (a). It is presumed that a private
30 landowner retains the full range of uses for all the rights or
31 interests in the landowner's land which are not specifically
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Florida Senate - 2000 SB 1274
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1 acquired by the public agency. The lands upon which hunting
2 rights are specifically acquired pursuant to this paragraph
3 shall be available for hunting in accordance with the
4 management plan or hunting regulations adopted by the Florida
5 Fish and Wildlife Conservation Commission, unless the hunting
6 rights are purchased specifically to protect activities on
7 adjacent lands.
8 Section 3. Subsection (3) of section 259.101, Florida
9 Statutes, is amended to read:
10 259.101 Florida Preservation 2000 Act.--
11 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
12 costs of issuance, the costs of funding reserve accounts, and
13 other costs with respect to the bonds, the proceeds of bonds
14 issued pursuant to this act shall be deposited into the
15 Florida Preservation 2000 Trust Fund created by s. 375.045.
16 Ten percent of the proceeds of any bonds deposited into the
17 Preservation 2000 Trust Fund shall be distributed by the
18 Department of Environmental Protection to the Department of
19 Environmental Protection for the purchase by the South Florida
20 Water Management District of lands in Dade, Broward, and Palm
21 Beach Counties identified in s. 7, chapter 95-349, Laws of
22 Florida. This distribution shall apply for any bond issue for
23 the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
24 $20 million per year from the proceeds of any bonds deposited
25 into the Florida Preservation 2000 Trust Fund shall be
26 distributed by the Department of Environmental Protection to
27 the St. Johns Water Management District for the purchase of
28 lands necessary to restore Lake Apopka. The remaining proceeds
29 shall be distributed by the Department of Environmental
30 Protection in the following manner:
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Florida Senate - 2000 SB 1274
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1 (a) Fifty percent to the Department of Environmental
2 Protection for the purchase of public lands as described in s.
3 259.032. Of this 50 percent, at least one-fifth shall be used
4 for the acquisition of coastal lands.
5 (b) Thirty percent to the Department of Environmental
6 Protection for the purchase of water management lands pursuant
7 to s. 373.59, to be distributed among the water management
8 districts as provided in that section. Funds received by each
9 district may also be used for acquisition of lands necessary
10 to implement surface water improvement and management plans
11 approved in accordance with s. 373.456 or for acquisition of
12 lands necessary to implement the Everglades Construction
13 Project authorized by s. 373.4592.
14 (c) Ten percent to the Department of Community Affairs
15 to provide land acquisition grants and loans to local
16 governments through the Florida Communities Trust pursuant to
17 part III of chapter 380. From funds allocated to the trust,
18 $3 million annually shall be used by the Green Swamp Land
19 Authority or the Green Swamp Land Protection Initiative
20 specifically for the purchase through land protection
21 agreements, or through conservation easements as defined in s.
22 380.0677(3)(5), of lands, or severable interests or rights in
23 lands, in the Green Swamp Area of Critical State Concern.
24 From funds allocated to the trust, $3 million annually shall
25 be used by the Monroe County Comprehensive Plan Land Authority
26 specifically for the purchase of any real property interest in
27 either those lands subject to the Rate of Growth Ordinances
28 adopted by local governments in Monroe County or those lands
29 within the boundary of an approved Conservation and Recreation
30 Lands project located within the Florida Keys or Key West
31 Areas of Critical State Concern; however, title to lands
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Florida Senate - 2000 SB 1274
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1 acquired within the boundary of an approved Conservation and
2 Recreation Lands project may, in accordance with an approved
3 joint acquisition agreement, vest in the Board of Trustees of
4 the Internal Improvement Trust Fund. Of the remaining funds
5 allocated to the trust after the above transfers occur,
6 one-half shall be matched by local governments on a
7 dollar-for-dollar basis. To the extent allowed by federal
8 requirements for the use of bond proceeds, the trust shall
9 expend Preservation 2000 funds to carry out the purposes of
10 part III of chapter 380.
11 (d) Two and nine-tenths percent to the Department of
12 Environmental Protection for the purchase of inholdings and
13 additions to state parks. For the purposes of this paragraph,
14 "state park" means all real property in the state under the
15 jurisdiction of the Division of Recreation and Parks of the
16 department, or which may come under its jurisdiction.
17 (e) Two and nine-tenths percent to the Division of
18 Forestry of the Department of Agriculture and Consumer
19 Services to fund the acquisition of state forest inholdings
20 and additions pursuant to s. 589.07.
21 (f) Two and nine-tenths percent to the Fish and
22 Wildlife Conservation Game and Fresh Water Fish Commission to
23 fund the acquisition of inholdings and additions to lands
24 managed by the commission which are important to the
25 conservation of fish and wildlife.
26 (g) One and three-tenths percent to the Department of
27 Environmental Protection for the Florida Greenways and Trails
28 Program, to acquire greenways and trails or greenways and
29 trails systems pursuant to chapter 260, including, but not
30 limited to, abandoned railroad rights-of-way and the Florida
31 National Scenic Trail.
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Florida Senate - 2000 SB 1274
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1
2 Local governments may use federal grants or loans, private
3 donations, or environmental mitigation funds, including
4 environmental mitigation funds required pursuant to s.
5 338.250, for any part or all of any local match required for
6 the purposes described in this subsection. Bond proceeds
7 allocated pursuant to paragraph (c) may be used to purchase
8 lands on the priority lists developed pursuant to s. 259.035.
9 Title to lands purchased pursuant to paragraphs (a), (d), (e),
10 (f), and (g) shall be vested in the Board of Trustees of the
11 Internal Improvement Trust Fund, except that title to lands,
12 or rights or interests therein, acquired by either the
13 Southwest Florida Water Management District or the St. Johns
14 River Water Management District in furtherance of the Green
15 Swamp Land Authority's mission, or the Green Swamp Land
16 Protection Initiative's mission pursuant to s. 380.0677(2)(3),
17 shall be vested in the district where the acquisition project
18 is located. Title to lands purchased pursuant to paragraph
19 (c) may be vested in the Board of Trustees of the Internal
20 Improvement Trust Fund, except that title to lands, or rights
21 or interests therein, acquired by either the Southwest Florida
22 Water Management District or the St. Johns River Water
23 Management District in furtherance of the Green Swamp Land
24 Authority's mission, or the Green Swamp Land Protection
25 Initiative's mission pursuant to s. 380.0677(2)(3), shall be
26 vested in the district where the acquisition project is
27 located. This subsection is repealed effective October 1,
28 2000. Prior to repeal, the Legislature shall review the
29 provisions scheduled for repeal and shall determine whether to
30 reenact or modify the provisions or to take no action.
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1 Section 4. Paragraph (k) of subsection (9) of section
2 259.105, Florida Statutes, is amended to read:
3 259.105 The Florida Forever Act.--
4 (9) The Acquisition and Restoration Council shall
5 develop a rule to competitively evaluate, select, and rank
6 projects eligible for Florida Forever funds pursuant to
7 paragraph (3)(b). In developing this rule the Acquisition and
8 Restoration Council shall give weight to the following
9 criteria:
10 (k) The project may be acquired, in whole or in part,
11 using alternatives to fee simple, including but not limited
12 to, purchase of development rights, hunting rights,
13 agricultural or silvicultural rights, or mineral rights;
14 obtaining conservation easements, or flowage easements, or
15 land protection agreements; or obtaining conservation
16 easements; or use of land protection agreements as defined in
17 s. 380.0677(3)(5).
18 Section 5. Subsection (11) of section 380.507, Florida
19 Statutes, is amended to read:
20 380.507 Powers of the trust.--The trust shall have all
21 the powers necessary or convenient to carry out the purposes
22 and provisions of this part, including:
23 (11) To make rules necessary to carry out the purposes
24 of this part and to exercise any power granted in this part,
25 pursuant to the provisions of chapter 120. The trust shall
26 adopt rules governing the acquisition of lands by local
27 governments or the trust using proceeds from the Preservation
28 2000 Trust Fund and the Florida Forever Trust Fund, consistent
29 with the intent expressed in the Florida Forever Act. Such
30 rules must include, but are not limited to, procedures for
31 appraisals and confidentiality consistent with ss.
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Florida Senate - 2000 SB 1274
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1 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of
2 determining a maximum purchase price, and procedures to assure
3 that the land is acquired in a voluntarily negotiated
4 transaction, surveyed, conveyed with marketable title, and
5 examined for hazardous materials contamination. Land
6 acquisition procedures of a local land authority or a land
7 protection initiative created pursuant to s. 380.0663 or s.
8 380.0677 may be used for the land acquisition programs
9 described by ss. 259.101(3)(c) and 259.105 if within areas of
10 critical state concern designated pursuant to s. 380.05,
11 subject to approval of the trust.
12 Section 6. This act shall take effect upon becoming a
13 law.
14
15 *****************************************
16 LEGISLATIVE SUMMARY
17
Removes provisions relating to the Green Swamp Land
18 Authority and the authority's power to enter into and
terminate land protection agreements within the Green
19 Swamp Area of Critical State Concern, and reversion of
certain appropriated funds. Creates the Green Swamp Land
20 Protection Initiative under the Department of
Environmental Protection. Provides authority of the
21 Division of State Lands of the department to negotiate
conservation easements for land protection. Requires
22 development of an acquisition work plan and an annual
list of proposed acquisitions. Directs the division to
23 develop a conservation easement program, and provides for
coordination and assistance of the Florida Communities
24 Trust Program within the Department of Community Affairs,
the Boards of County Commissioners for Polk and Lake
25 Counties, the Southwest Florida Water Management
District, and the St. Johns River Water Management
26 District. Provides rulemaking authority. Provides for
ownership rights and interests and use of property
27 conveyed through a conservation easement.
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