Senate Bill 1274c1

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    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,

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    Florida Senate - 2000                           CS for SB 1274
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  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

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    Florida Senate - 2000                           CS for SB 1274
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  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

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    Florida Senate - 2000                           CS for SB 1274
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  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

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    Florida Senate - 2000                           CS for SB 1274
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  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

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    Florida Senate - 2000                           CS for SB 1274
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  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.

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    Florida Senate - 2000                           CS for SB 1274
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  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

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    Florida Senate - 2000                           CS for SB 1274
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  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

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    Florida Senate - 2000                           CS for SB 1274
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  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

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  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

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  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

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  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

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  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

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  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

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  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:

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  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.

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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.

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