Senate Bill 1274c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Laurent
316-1959-00
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 as successor to the Green Swamp Land
6 Authority; providing mission; providing powers
7 of the Division of State Lands of the
8 Department of Environmental Protection;
9 providing for negotiation of conservation
10 easements for land protection; requiring
11 development of an acquisition work plan;
12 providing factors for selection of properties;
13 providing for an annual list of proposed
14 acquisitions; directing the division to develop
15 a conservation easement program; providing
16 rulemaking authority; providing for
17 coordination and assistance of the Florida
18 Communities Trust Program within the Department
19 of Community Affairs, the Boards of County
20 Commissioners for Polk and Lake Counties, the
21 Southwest Florida Water Management District,
22 and the St. Johns River Water Management
23 District; providing for ownership rights and
24 interests and use of property conveyed through
25 a conservation easement; deleting powers and
26 duties of the Green Swamp Land Authority;
27 deleting provisions relating to land protection
28 agreements, termination of such agreements, and
29 availability and reversion of certain
30 appropriated funds; providing reporting and
31 staffing requirements; amending ss. 259.041,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 259.101, 259.105, and 380.507, F.S.; providing
2 conforming language and cross-references;
3 providing for vesting of title to certain lands
4 under the Florida Preservation 2000 Act in
5 furtherance of the mission of the initiative;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 380.0677, Florida Statutes, is
11 amended to read:
12 380.0677 Green Swamp Land Protection Initiative
13 Authority.--
14 (1) CREATION; INTENT.--There is hereby created the
15 Green Swamp Land Protection Initiative Authority. The Green
16 Swamp Land Protection Initiative is to proceed as the
17 successor in interest to the Green Swamp Land Authority and
18 shall not unlawfully affect the terms of pending land
19 protection agreements, easements, or other contracts
20 previously entered into under this section.
21 (2) MISSION.--The mission of the Green Swamp Land
22 Protection Initiative Authority shall be to balance the
23 protection of the ecological values of the Green Swamp Area of
24 Critical State Concern with the protection of private property
25 rights and the interests of taxpayers through the acquisition
26 of lands, or rights or interests in lands, from willing
27 sellers within the Green Swamp Area of Critical State Concern.
28 To that end, the authority is encouraged to coordinate with
29 the Division of State Lands of the Department of Environmental
30 Protection is encouraged to coordinate with, the Florida
31 Communities Trust Program within the Department of Community
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 Affairs, the Boards of County Commissioners for Polk and Lake
2 Counties, the Southwest Florida Water Management District, and
3 the St. Johns River Water Management District to identify,
4 select, and acquire less-than-fee-simple interests or rights
5 in parcels within the Green Swamp Area of Critical State
6 Concern, as part of overall land acquisition efforts by the
7 state and the districts. When the Department of Environmental
8 Protection and the water management districts are planning to
9 acquire parcels within the Green Swamp Area of Critical State
10 Concern, they shall consider acquiring such parcels using
11 alternatives to fee simple techniques in consultation with the
12 land authority.
13 (3) POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED
14 ACQUISITIONS.--The Green Swamp Land Authority shall have all
15 the powers pursuant to s. 380.0666, except that it may not
16 issue bonds and must annually submit its budget to the
17 Governor and the Legislature for review. In addition, the
18 authority must annually submit a list of proposed acquisitions
19 to the Governor for review and approval. The Governor may
20 remove proposed acquisitions from the list, with cause, if the
21 Governor determines such acquisitions would not further the
22 mission of the authority. By September 5 of the fiscal year in
23 which the authority's budget is submitted, the chairpersons of
24 the appropriations committees of the Senate and the House of
25 Representatives may transmit to the Governor and the authority
26 comments on and objections to the proposed budget. The
27 Governor shall respond in writing to the comments and
28 objections.
29 (3)(4) APPLICATION FOR CONSERVATION EASEMENT LAND
30 PROTECTION AGREEMENT; LIST OF PROPOSED ACQUISITIONS.--Owners
31 of agricultural and other property within the Green Swamp Area
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 of Critical State Concern may shall have 3 years from the
2 effective date of the land authority's rules to apply to the
3 Division of State Lands land authority concerning their
4 interest in signing a conservation easement. A conservation
5 easement land protection agreement restricting some or all of
6 their rights to their land. A land protection agreement is a
7 voluntarily negotiated instrument which may provide
8 compensation to a landowner in return for an undivided
9 perpetual interest in real property the willingness of the
10 landowner to accept restrictions or conditions on the use of
11 the parcel of land, including the right to develop the land as
12 defined in s. 380.04, and may be created or stated in the form
13 of an easement in any deed, will, or other instrument executed
14 by or on the behalf of the owner of the property and subject
15 to the provisions in s. 704.06. The conservation easement
16 agreement shall include provisions for compliance and shall be
17 recorded and indexed in the same manner as any other
18 instrument affecting the title to real property. A
19 conservation easement land protection agreement signed by the
20 fee simple owner does not confer with it the right of public
21 access to the real property, unless public access is a right
22 specified within the easement agreement. Selected applicants'
23 properties shall be ranked on the authority's list of proposed
24 acquisitions. Work shall continue on listed projects for which
25 acquisition has begun but not closed within the 3-year period,
26 until the acquisition is successfully completed. During the
27 time the property remains on the authority's list of proposed
28 acquisitions, and for 2 years thereafter, the property owner
29 may not change the current use of the property.
30 (4)(5) ACQUISITION WORK PLAN SELECTION; CRITERIA.--The
31 Division of State Lands, with the Florida Communities Trust
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 Program within the Department of Community Affairs, the Boards
2 of County Commissioners for Polk and Lake Counties, the
3 Southwest Florida Water Management District, and the St. Johns
4 River Water Management District, authority shall develop a
5 work plan to identify procedure for competitive selection of
6 properties appropriate for conservation easements land
7 protection agreements. Selection of properties to be included
8 in the work plan criteria shall be based primarily on the
9 water resource and ecological and environmental resource
10 values of the parcels. Other factors may include the threat of
11 impending development, and the historical significance of the
12 property, or other factors determined to be relevant by the
13 division, in consultation with the Florida Communities Trust
14 Program within the Department of Community Affairs, the Boards
15 of County Commissioners for Polk and Lake Counties, the
16 Southwest Florida Water Management District, and the St. Johns
17 River Water Management District authority. Conservation
18 easements land protection agreements shall be voluntary. The
19 price paid for an interest in land or restricting the rights
20 or interests in land shall not exceed the appraised value of
21 those rights or interests. The selected properties shall
22 constitute a list of proposed acquisitions, to be updated at
23 least annually.
24 (5)(6) PROGRAM; CONSIDERATION.--The Division of State
25 Lands authority, with the assistance of the Florida
26 Communities Trust Program within the Department of Community
27 Affairs, the Boards of County Commissioners for Polk and Lake
28 Counties, the Southwest Florida Water Management District, and
29 the St. Johns River Water Management District Districts, shall
30 develop a conservation easement land protection agreement
31 program, including procedures for selecting, valuing, and
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 monitoring to ensure compliance with the purposes of this
2 section within the Green Swamp Area of Critical State Concern.
3 The Division of State Lands shall Southwest Florida and St.
4 Johns River Water Management Districts may act as the
5 acquisition agent agents for the initiative land authority,
6 and title to the lands, or interests or rights in lands
7 acquired pursuant to this section, shall vest in the Board of
8 Trustees of the Internal Improvement Trust Fund district where
9 the acquisition project is located. The division shall provide
10 staff resources and support sufficient to fulfill the mission
11 of the Green Swamp Land Protection Initiative in an
12 expeditious manner. Among the procedures shall be a process
13 for determining the amount of consideration that may be paid
14 in exchange for an undivided perpetual interest in the real
15 property or a restriction on interest in the real property for
16 the willingness of a property owner to accept restrictions or
17 conditions according to the terms of a land protection
18 agreement. The division may adopt authority shall make rules
19 necessary to govern the conservation easement application
20 process, implement the conservation easements, implement a
21 work plan, and implement the conservation easement program,
22 along with other rules related to this section that are
23 necessary to carry out this section. To encourage
24 participation in the land protection agreement program and to
25 create a sense of fairness, the land authority is directed in
26 making rules to reflect changes in land values as a result of
27 the designation of the Green Swamp Area of Critical State
28 Concern and implementation of Polk and Lake Counties'
29 comprehensive plans. Such rules shall be reviewed by the
30 Southwest Florida and St. Johns River Water Management
31 Districts.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 (6)(7) APPROPRIATIONS.--From funds appropriated to the
2 Department of Environmental Protection for land acquisition
3 from the Conservation and Recreation Lands Trust Fund for
4 fiscal years 1994-1995, 1995-1996, and 1996-1997, $4 million
5 shall be reserved each fiscal year to carry out the purposes
6 of this section. To the extent practicable, moneys
7 appropriated from the Conservation and Recreation Lands Trust
8 Fund, Save Our Rivers Trust Fund, and Florida Communities
9 Trust Fund shall be used to acquire lands, or interests or
10 rights in lands, on the Conservation and Recreation Lands,
11 Save Our Rivers, or Florida Communities Trust land acquisition
12 plans or lists, as defined in s. 259.035, or a land
13 acquisition plan under s. 373.59 or s. 380.508. However,
14 nothing in this subsection prohibits the Division of State
15 Lands Green Swamp Land Authority from entering into
16 conservation easements land protection agreements with any
17 property owner whose property is not on any of such lists.
18 From sums appropriated to the Department of Environmental
19 Protection from the Water Management District Lands Trust Fund
20 for fiscal years 1994-1995, 1995-1996, and 1996-1997, $3
21 million shall be reserved each fiscal year to carry out the
22 purposes of this section. Such amounts as are used from the
23 Water Management District Lands Trust Fund shall be credited
24 against the allocations as provided in s. 373.59 to the St.
25 Johns River Water Management District or the Southwest Florida
26 Water Management District in proportion to the amount of lands
27 for which an interest was acquired, and shall not be required
28 by a district for debt service payments or land management
29 purposes. From funds appropriated to the Department of
30 Community Affairs for the Florida Communities Trust Program
31 from the Preservation 2000 Trust Fund for fiscal years
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 1994-1995 through 1999-2000, $3 million shall be reserved each
2 fiscal year to carry out the purposes of this section.
3 Appropriations identified pursuant to this subsection shall
4 fund the acquisition of lands, or the interests or rights in
5 lands, and related costs of acquisition. Such funds shall be
6 available for expenditure after the land authority has adopted
7 rules to begin its program. Funds reserved pursuant to this
8 subsection, for each of the referenced fiscal years, shall
9 remain available for the purposes specified in this subsection
10 for 24 months from the date on which such funds become
11 available for disbursement. After such time has elapsed, any
12 funds which are not legally obligated for expenditure shall be
13 released for the lawful purposes for which they were otherwise
14 appropriated.
15 (7)(8) OWNERSHIP RIGHTS AND INTERESTS.--Ownership of
16 any rights or interests that which are conveyed through a
17 conservation easement land protection agreement shall vest in
18 the Board of Trustees of the Internal Improvement Trust Fund
19 Southwest Florida Water Management District or the St. Johns
20 River Water Management District, based on where the
21 acquisition project is located. The districts shall monitor
22 the conservation easements agreements under their respective
23 jurisdictions to ensure compliance with the terms of the
24 easements until the state assumes this responsibility. The
25 division agreements, and shall provide the county property
26 appraiser, the county tax collector, and the county manager
27 with copies of conservation easements land protection
28 agreements that specify the deed restrictions on lands.
29 (8)(9) USE OF PROPERTY AGREEMENT.--A private property
30 owner who enters into a conservation easement land protection
31 agreement may use the property in any manner consistent with
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 the terms of the easement agreement. A conservation easement
2 that land protection agreement which limits the use of
3 property to agriculture shall allow the owner to change from
4 one agricultural activity to another unless otherwise
5 prohibited by the provisions of the easement agreement. Unless
6 otherwise stated, easements agreements shall not prohibit the
7 construction or operation of: barns or other buildings
8 necessary to agricultural activities, such as employment
9 housing; hunting and fishing camps; or a specified number of
10 single-family residences solely for the use of the property
11 owner or the owner's family.
12 (10) TERMINATION OF LAND PROTECTION AGREEMENTS.--A fee
13 simple owner of lands subject to a land protection agreement
14 may petition the governing board of the water management
15 district which holds title to the interests or rights in those
16 lands to terminate the agreement. If the district finds that
17 ownership of a parcel of land or interests or rights in a
18 parcel of land acquired pursuant to this section is no longer
19 needed to protect the Green Swamp Area of Critical State
20 Concern, the district may dispose of the land, or interests or
21 rights in the land, according to procedures adopted pursuant
22 to s. 373.089.
23 (9)(11) PROPERTY RIGHTS PROTECTED.--Nothing in this
24 section shall be construed to abrogate the constitutionally
25 protected property rights of private property owners within
26 the Green Swamp Area of Critical State Concern, whether or not
27 they choose to participate in the Green Swamp Land Protection
28 Initiative Authority's acquisition program.
29 (10) REPORTING REQUIREMENTS.--The Department of
30 Environmental Protection is directed to submit a report on the
31 status of the Green Swamp land acquisition program to the
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 Governor, the President of the Senate, and the Speaker of the
2 House of Representatives prior to the 2001 and 2002 Regular
3 Legislative Sessions. The department shall include in these
4 reports any recommendations relating to the Green Swamp land
5 acquisition program.
6 (11) STAFFING REQUIREMENTS.--The Division of State
7 Lands shall provide staff, resources, and support sufficient
8 to fulfill the mission of the Green Swamp Land Protection
9 Initiative in an expeditious manner. The division shall
10 designate a coordinator for the initiative who shall
11 physically travel to the Green Swamp Area of Critical State
12 Concern, on at least a quarterly basis, to provide assistance
13 and services to the area landowners. The division shall
14 provide reasonable notice to the landowners of the
15 coordinator's visits, which shall include the time, date, and
16 location of each visit.
17 Section 2. Paragraph (b) of subsection (11) of section
18 259.041, Florida Statutes, is amended to read:
19 259.041 Acquisition of state-owned lands for
20 preservation, conservation, and recreation purposes.--
21 (11)
22 (b) All project applications shall identify, within
23 their acquisition plans, those projects which require a full
24 fee simple interest to achieve the public policy goals,
25 together with the reasons full title is determined to be
26 necessary. The state agencies and the water management
27 districts may use alternatives to fee simple acquisition to
28 bring the remaining projects in their acquisition plans under
29 public protection. For the purposes of this subsection, the
30 term "alternatives to fee simple acquisition" includes, but is
31 not limited to: purchase of development rights; obtaining
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 conservation easements; obtaining flowage easements; purchase
2 of timber rights, mineral rights, or hunting rights; purchase
3 of agricultural interests or silvicultural interests; entering
4 into land protection agreements; entering into conservation
5 easements as defined in s. 380.0677(3)(5); fee simple
6 acquisitions with reservations; creating life estates; or any
7 other acquisition technique which achieves the public policy
8 goals listed in paragraph (a). It is presumed that a private
9 landowner retains the full range of uses for all the rights or
10 interests in the landowner's land which are not specifically
11 acquired by the public agency. The lands upon which hunting
12 rights are specifically acquired pursuant to this paragraph
13 shall be available for hunting in accordance with the
14 management plan or hunting regulations adopted by the Florida
15 Fish and Wildlife Conservation Commission, unless the hunting
16 rights are purchased specifically to protect activities on
17 adjacent lands.
18 Section 3. Subsection (3) of section 259.101, Florida
19 Statutes, is amended to read:
20 259.101 Florida Preservation 2000 Act.--
21 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
22 costs of issuance, the costs of funding reserve accounts, and
23 other costs with respect to the bonds, the proceeds of bonds
24 issued pursuant to this act shall be deposited into the
25 Florida Preservation 2000 Trust Fund created by s. 375.045.
26 Ten percent of the proceeds of any bonds deposited into the
27 Preservation 2000 Trust Fund shall be distributed by the
28 Department of Environmental Protection to the Department of
29 Environmental Protection for the purchase by the South Florida
30 Water Management District of lands in Dade, Broward, and Palm
31 Beach Counties identified in s. 7, chapter 95-349, Laws of
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 Florida. This distribution shall apply for any bond issue for
2 the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
3 $20 million per year from the proceeds of any bonds deposited
4 into the Florida Preservation 2000 Trust Fund shall be
5 distributed by the Department of Environmental Protection to
6 the St. Johns Water Management District for the purchase of
7 lands necessary to restore Lake Apopka. The remaining proceeds
8 shall be distributed by the Department of Environmental
9 Protection in the following manner:
10 (a) Fifty percent to the Department of Environmental
11 Protection for the purchase of public lands as described in s.
12 259.032. Of this 50 percent, at least one-fifth shall be used
13 for the acquisition of coastal lands.
14 (b) Thirty percent to the Department of Environmental
15 Protection for the purchase of water management lands pursuant
16 to s. 373.59, to be distributed among the water management
17 districts as provided in that section. Funds received by each
18 district may also be used for acquisition of lands necessary
19 to implement surface water improvement and management plans
20 approved in accordance with s. 373.456 or for acquisition of
21 lands necessary to implement the Everglades Construction
22 Project authorized by s. 373.4592.
23 (c) Ten percent to the Department of Community Affairs
24 to provide land acquisition grants and loans to local
25 governments through the Florida Communities Trust pursuant to
26 part III of chapter 380. From funds allocated to the trust,
27 $3 million annually shall be used by the Division of State
28 Lands to implement the Green Swamp Land Protection Initiative
29 Green Swamp Land Authority or specifically for the purchase of
30 conservation easements through land protection agreements, as
31 defined in s. 380.0677(3)(5), of lands, or severable interests
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 or rights in lands, in the Green Swamp Area of Critical State
2 Concern. From funds allocated to the trust, $3 million
3 annually shall be used by the Monroe County Comprehensive Plan
4 Land Authority specifically for the purchase of any real
5 property interest in either those lands subject to the Rate of
6 Growth Ordinances adopted by local governments in Monroe
7 County or those lands within the boundary of an approved
8 Conservation and Recreation Lands project located within the
9 Florida Keys or Key West Areas of Critical State Concern;
10 however, title to lands acquired within the boundary of an
11 approved Conservation and Recreation Lands project may, in
12 accordance with an approved joint acquisition agreement, vest
13 in the Board of Trustees of the Internal Improvement Trust
14 Fund. Of the remaining funds allocated to the trust after the
15 above transfers occur, one-half shall be matched by local
16 governments on a dollar-for-dollar basis. To the extent
17 allowed by federal requirements for the use of bond proceeds,
18 the trust shall expend Preservation 2000 funds to carry out
19 the purposes of part III of chapter 380.
20 (d) Two and nine-tenths percent to the Department of
21 Environmental Protection for the purchase of inholdings and
22 additions to state parks. For the purposes of this paragraph,
23 "state park" means all real property in the state under the
24 jurisdiction of the Division of Recreation and Parks of the
25 department, or which may come under its jurisdiction.
26 (e) Two and nine-tenths percent to the Division of
27 Forestry of the Department of Agriculture and Consumer
28 Services to fund the acquisition of state forest inholdings
29 and additions pursuant to s. 589.07.
30 (f) Two and nine-tenths percent to the Fish and
31 Wildlife Conservation Game and Fresh Water Fish Commission to
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 fund the acquisition of inholdings and additions to lands
2 managed by the commission which are important to the
3 conservation of fish and wildlife.
4 (g) One and three-tenths percent to the Department of
5 Environmental Protection for the Florida Greenways and Trails
6 Program, to acquire greenways and trails or greenways and
7 trails systems pursuant to chapter 260, including, but not
8 limited to, abandoned railroad rights-of-way and the Florida
9 National Scenic Trail.
10
11 Local governments may use federal grants or loans, private
12 donations, or environmental mitigation funds, including
13 environmental mitigation funds required pursuant to s.
14 338.250, for any part or all of any local match required for
15 the purposes described in this subsection. Bond proceeds
16 allocated pursuant to paragraph (c) may be used to purchase
17 lands on the priority lists developed pursuant to s. 259.035.
18 Title to lands purchased pursuant to paragraphs (a), (d), (e),
19 (f), and (g) shall be vested in the Board of Trustees of the
20 Internal Improvement Trust Fund, except that title to lands,
21 or rights or interests therein, acquired by either the
22 Southwest Florida Water Management District or the St. Johns
23 River Water Management District in furtherance of the Green
24 Swamp Land Authority's mission pursuant to s. 380.0677(3),
25 shall be vested in the district where the acquisition project
26 is located. Title to lands purchased pursuant to paragraph
27 (c) may be vested in the Board of Trustees of the Internal
28 Improvement Trust Fund. The board of trustees shall hold title
29 to land protection agreements and conservation easements that
30 were or will be acquired pursuant to s. 380.0177, and, except
31 that title to lands, or rights or interests therein, acquired
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 by either the Southwest Florida Water Management District and
2 or the St. Johns River Water Management District shall monitor
3 such agreements and easements within their respective
4 districts until the state assumes this responsibility in
5 furtherance of the Green Swamp Land Authority's mission
6 pursuant to s. 380.0677(3), shall be vested in the district
7 where the acquisition project is located. This subsection is
8 repealed effective October 1, 2000. Prior to repeal, the
9 Legislature shall review the provisions scheduled for repeal
10 and shall determine whether to reenact or modify the
11 provisions or to take no action.
12 Section 4. Paragraph (k) of subsection (9) of section
13 259.105, Florida Statutes, is amended to read:
14 259.105 The Florida Forever Act.--
15 (9) The Acquisition and Restoration Council shall
16 develop a rule to competitively evaluate, select, and rank
17 projects eligible for Florida Forever funds pursuant to
18 paragraph (3)(b). In developing this rule the Acquisition and
19 Restoration Council shall give weight to the following
20 criteria:
21 (k) The project may be acquired, in whole or in part,
22 using alternatives to fee simple, including but not limited
23 to, purchase of development rights, hunting rights,
24 agricultural or silvicultural rights, or mineral rights; or
25 obtaining conservation easements or flowage easements; or use
26 of land protection agreements as defined in s. 380.0677(5).
27 Section 5. Subsection (11) of section 380.507, Florida
28 Statutes, is amended to read:
29 380.507 Powers of the trust.--The trust shall have all
30 the powers necessary or convenient to carry out the purposes
31 and provisions of this part, including:
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 (11) To make rules necessary to carry out the purposes
2 of this part and to exercise any power granted in this part,
3 pursuant to the provisions of chapter 120. The trust shall
4 adopt rules governing the acquisition of lands by local
5 governments or the trust using proceeds from the Preservation
6 2000 Trust Fund and the Florida Forever Trust Fund, consistent
7 with the intent expressed in the Florida Forever Act. Such
8 rules must include, but are not limited to, procedures for
9 appraisals and confidentiality consistent with ss.
10 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of
11 determining a maximum purchase price, and procedures to assure
12 that the land is acquired in a voluntarily negotiated
13 transaction, surveyed, conveyed with marketable title, and
14 examined for hazardous materials contamination. Land
15 acquisition procedures of a local land authority or a land
16 protection initiative created pursuant to s. 380.0663 or s.
17 380.0677 may be used for the land acquisition programs
18 described by ss. 259.101(3)(c) and 259.105 if within areas of
19 critical state concern designated pursuant to s. 380.05,
20 subject to approval of the trust.
21 Section 6. This act shall take effect upon becoming a
22 law.
23
24
25
26
27
28
29
30
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1274
316-1959-00
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1274
3
4 Requires that the Green Swamp Land Protection Initiative shall
not lawfully affect the terms of pending land protection
5 agreements, easements or other contracts previously entered
into under s. 380.0677, F.S.
6
Provides that title to interests in land obtained under the
7 Green Swamp Land Protection Initiative shall vest in the Board
of Trustees of the Internal Improvement Trust Fund, rather
8 than water management district where the interest acquired is
located. The Southwest Florida Water Management District and
9 the St. Johns Water Management districts are required to
monitor easements within their respective districts until the
10 state assumes the responsibility.
11 Requires the division of State Lands of the Department of
Environmental Protection to provide staff, resources and
12 designate a coordinator for the Initiative who will provide
assistance to landowners, and grants the division rulemaking
13 authority to accomplish these tasks.
14 Requires the Department of Environmental Protection to submit
a report on the status of the Green Swamp Land Protection
15 Initiative to the Governor, President of the Senate and
Speaker of the House of Representatives prior to the 2001 and
16 2002 Legislative Sessions.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
17