Senate Bill 1710

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    Florida Senate - 2000                                  SB 1710

    By Senator Latvala





    312-740-00

  1                      A bill to be entitled

  2         An act relating to land acquisition; amending

  3         s. 201.15, F.S.; providing for changes to bond

  4         debt service; amending s. 201.15, F.S.;

  5         providing for changes to bond debt service;

  6         revising the deposit of certain funds and

  7         providing limitations, effective July 1, 2001;

  8         amending s. 215.618, F.S.; providing for the

  9         refunding and sale of Florida Forever bonds;

10         amending s. 253.03, F.S.; providing for the

11         permitting of certain habitable structures;

12         amending s. 253.034, F.S.; clarifying

13         provisions governing the deposit of funds

14         received from the sale of surplus lands;

15         exempting the Department of Juvenile Justice

16         from a requirement for land-management-plan

17         review; amending s. 259.03, F.S.; redefining

18         the terms "capital improvement" and "water

19         resource development project"; amending s.

20         259.0345, F.S.; deleting obsolete provisions;

21         revising the terms of Florida Forever Advisory

22         Council members; amending s. 259.105, F.S.;

23         authorizing changes in the rate of distribution

24         of Florida Forever funds; requiring a specific

25         percentage of the Florida Communities Trust's

26         Florida Forever funds to be expended in

27         standard metropolitan statistical areas;

28         revising a date for acceptance of acquisition

29         applications; authorizing capital expenditures;

30         revising the goals of the Florida Forever

31         program; requiring the recommendation of rules

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  1         to the board of trustees; amending s. 373.1391,

  2         F.S.; providing for the resolution of certain

  3         disputes; amending s. 373.199, F.S.; revising

  4         the date for submission of a report; amending

  5         s. 373.59, F.S.; authorizing the refunding of

  6         bonds; amending s. 375.051, F.S.; revising

  7         requirements for debt service for bonds issued

  8         to acquire lands, water areas, and related

  9         resources; amending s. 380.507, F.S.; revising

10         the uses of Florida Forever funds; amending s.

11         380.510, F.S.; revising the uses of Florida

12         Forever funds; providing effective dates.

13

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

15

16         Section 1.  Paragraph (a) of subsection (1) of section

17  201.15, Florida Statutes, is amended to read:

18         201.15  Distribution of taxes collected.--All taxes

19  collected under this chapter shall be distributed as follows

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

21  215.20(1), except that such service charge shall not be levied

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

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

24  required to pay any amounts relating to the bonds:

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

26  the remaining taxes collected under this chapter shall be used

27  for the following purposes:

28         (a)  Amounts as shall be necessary to pay the debt

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

30  obligations, or other amounts payable with respect to

31  Preservation 2000 bonds issued pursuant to s. 375.051 and

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  1  Florida Forever bonds issued pursuant to s. 215.618, shall be

  2  paid into the State Treasury to the credit of the Land

  3  Acquisition Trust Fund to be used for such purposes. The

  4  amount transferred to the Land Acquisition Trust Fund for such

  5  purposes shall not exceed $300 million in fiscal year

  6  1999-2000 and thereafter for Preservation 2000 bonds and bonds

  7  issued to refund Preservation 2000 bonds, and $300 million in

  8  fiscal year 2000-2001 and thereafter for Florida Forever

  9  bonds. The annual amount transferred to the Land Acquisition

10  Trust Fund for Florida Forever bonds shall not exceed $30

11  million in the first fiscal year in which bonds are issued.

12  The limitation on the amount transferred shall be increased by

13  an additional $30 million in each subsequent fiscal year in

14  which bonds are authorized to be issued, but shall not exceed

15  a total of $300 million in any fiscal year for all bonds

16  issued. It is the intent of the Legislature that all bonds

17  issued to fund the Florida Forever Act be retired by December

18  31, 2030. Except for bonds issued to refund previously issued

19  bonds, no series of bonds may be issued pursuant to this

20  paragraph unless such bonds are approved and the first year's

21  debt service for the remainder of the fiscal year in which the

22  bonds are issued such bonds is specifically appropriated in

23  the General Appropriations Act. For purposes of refunding

24  Preservation 2000 bonds, amounts designated within this

25  section for Preservation 2000 and Florida Forever bonds may be

26  transferred between the two programs to the extent provided

27  for in the documents authorizing the issuance of the bonds.

28  The Preservation 2000 bonds and Florida Forever bonds shall be

29  equally and ratably secured by moneys distributable to the

30  Land Acquisition Trust Fund pursuant to this section, except

31  to the extent specifically provided otherwise by the documents

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  1  authorizing the issuance of the bonds. No moneys transferred

  2  to the Land Acquisition Trust Fund pursuant to this paragraph,

  3  or earnings thereon, shall be used or made available to pay

  4  debt service on the Save Our Coast revenue bonds.

  5         Section 2.  Effective July 1, 2001, paragraph (a) of

  6  subsection (1) and subsection (8) of section 201.15, Florida

  7  Statutes, are amended to read:

  8         201.15  Distribution of taxes collected.--All taxes

  9  collected under this chapter shall be distributed as follows

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

11  215.20(1), except that such service charge shall not be levied

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

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

14  required to pay any amounts relating to the bonds:

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

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

18         (a)  Amounts as shall be necessary to pay the debt

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

20  obligations, or other amounts payable with respect to

21  Preservation 2000 bonds issued pursuant to s. 375.051 and

22  Florida Forever bonds issued pursuant to s. 215.618, shall be

23  paid into the State Treasury to the credit of the Land

24  Acquisition Trust Fund to be used for such purposes. The

25  amount transferred to the Land Acquisition Trust Fund for such

26  purposes shall not exceed $300 million in fiscal year

27  1999-2000 and thereafter for Preservation 2000 bonds and bonds

28  issued to refund Preservation 2000 bonds, and $300 million in

29  fiscal year 2000-2001 and thereafter for Florida Forever

30  bonds. The annual amount transferred to the Land Acquisition

31  Trust Fund for Florida Forever bonds shall not exceed $30

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  1  million in the first fiscal year in which bonds are issued.

  2  The limitation on the amount transferred shall be increased by

  3  an additional $30 million in each subsequent fiscal year in

  4  which bonds are authorized to be issued, but shall not exceed

  5  a total of $300 million in any fiscal year for all bonds

  6  issued. It is the intent of the Legislature that all bonds

  7  issued to fund the Florida Forever Act be retired by December

  8  31, 2030. Except for bonds issued to refund previously issued

  9  bonds, no series of bonds may be issued pursuant to this

10  paragraph unless such bonds are approved and the first year's

11  debt service for the remainder of the fiscal year in which the

12  bonds are issued such bonds is specifically appropriated in

13  the General Appropriations Act. For purposes of refunding

14  Preservation 2000 bonds, amounts designated within this

15  section for Preservation 2000 and Florida Forever bonds may be

16  transferred between the two programs to the extent provided

17  for in the documents authorizing the issuance of the bonds.

18  The Preservation 2000 bonds and Florida Forever bonds shall be

19  equally and ratably secured by moneys distributable to the

20  Land Acquisition Trust Fund pursuant to this section, except

21  to the extent specifically provided otherwise by the documents

22  authorizing the issuance of the bonds. No moneys transferred

23  to the Land Acquisition Trust Fund pursuant to this paragraph,

24  or earnings thereon, shall be used or made available to pay

25  debt service on the Save Our Coast revenue bonds.

26         (8)  One-half of one percent of the remaining taxes

27  collected under this chapter shall be paid into the State

28  Treasury and divided equally to the credit of the Department

29  of Environmental Protection Water Quality Assurance Grants and

30  Donations Trust Fund to address water quality impacts

31  associated with nonagricultural nonpoint sources and to the

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  1  credit of the Department of Agriculture and Consumer Services

  2  General Inspection Trust Fund to address water quality impacts

  3  associated with agricultural nonpoint sources, respectively.

  4  These funds shall be used for research, development,

  5  demonstration, and implementation of suitable best management

  6  practices or other measures used to achieve water quality

  7  standards in surface waters and water segments identified

  8  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

  9  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

10  management practices and other measures may include cost-share

11  grants, technical assistance, implementation tracking, and

12  conservation leases or other agreements for water quality

13  improvement. The unobligated balance of funds received from

14  the distribution of taxes collected under this chapter to

15  address water quality impacts associated with nonagricultural

16  nonpoint sources will be excluded when calculating the

17  unobligated balance of the Water Quality Assurance Trust Fund

18  as it relates to the determination of the applicable excise

19  tax rate.

20         Section 3.  Subsections (1) and (4) of section 215.618,

21  Florida Statutes, are amended to read:

22         215.618  Bonds for acquisition and improvement of land,

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

24         (1)  The issuance of Florida Forever bonds, not to

25  exceed $3 billion, to finance or refinance the cost of

26  acquisition and improvement of land, water areas, and related

27  property interests and resources, in urban and rural settings,

28  for the purposes of restoration, conservation, recreation,

29  water resource development, or historical preservation, and

30  for capital improvements to lands and water areas that

31  accomplish environmental restoration, enhance public access

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  1  and recreational enjoyment, promote long-term management

  2  goals, and facilitate water resource development is hereby

  3  authorized, subject to the provisions of s. 259.105 and

  4  pursuant to s. 11(e), Art. VII of the State Constitution.

  5  Florida Forever bonds may also be issued to refund

  6  Preservation 2000 bonds issued pursuant to s. 375.051. The

  7  $3-billion limitation on the issuance of Florida Forever bonds

  8  does not apply to refunding bonds. The duration of each series

  9  of Florida Forever bonds issued may not exceed 20 annual

10  maturities. Preservation 2000 bonds and Florida Forever bonds

11  shall be equally and ratably secured by moneys distributable

12  to the Land Acquisition Trust Fund pursuant to s.

13  201.15(1)(a), except to the extent specifically provided

14  otherwise by the documents authorizing the issuance of the

15  bonds.

16         (4)  The Department of Environmental Protection shall

17  request the Division of Bond Finance of the State Board of

18  Administration to issue the Florida Forever bonds authorized

19  by this section in an amount supported by projected

20  expenditures. The Division of Bond Finance shall issue such

21  bonds pursuant to the State Bond Act.

22         Section 4.  Paragraph (d) of subsection (7) of section

23  253.03, Florida Statutes, is amended and paragraph (e) is

24  added to that subsection to read:

25         253.03  Board of trustees to administer state lands;

26  lands enumerated.--

27         (7)

28         (d)  By January 1, 2001 2000, the owners of habitable

29  structures built on or before May 1, 1999 January 1, 1998,

30  located in conservation areas 2 or 3, on district or

31  state-owned lands, the existence or use which will not impede

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  1  the restoration of the Everglades, whether pursuant to a

  2  submerged lease or not, must provide written notification to

  3  the South Florida Water Management District of their existence

  4  and location, including an identification of the footprint of

  5  the structures.  This notification will grant the leaseholders

  6  an automatic 20-year lease at a reasonable fee established by

  7  the district, or the Department of Environmental Protection,

  8  as appropriate, to expire on January 1, 2020. The district or

  9  Department of Environmental Protection, as appropriate, may

10  impose reasonable conditions consistent with existing laws and

11  rules. If the structures are located on privately owned lands,

12  the landowners must provide the same notification required for

13  a 20-year permit. If Where the structures are located on

14  state-owned lands, the South Florida Water Management District

15  shall submit this notification to the Department of

16  Environmental Protection on the owner's behalf.  At the

17  expiration of this 20-year lease or permit, the South Florida

18  Water Management District or the Department of Environmental

19  Protection, as appropriate, shall have the right to require

20  that the leaseholder remove the structures if the district

21  determines that the structures or their use are causing harm

22  to the water or land resources of the district, or to renew

23  the lease agreement.  The structure of any owner who does not

24  provide notification to the South Florida Water Management

25  District as required under this subsection, shall be

26  considered illegal and subject to immediate removal.  Any

27  structure built in any water conservation area after May 1,

28  1999, without necessary permits and leases from the South

29  Florida Water Management District, or the Department of

30  Environmental Protection, or other local government, as

31

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  1  appropriate, shall be considered illegal and subject to

  2  removal.

  3         (e)  Failure to comply with the conditions contained in

  4  any permit or lease agreement as described in paragraph (d)

  5  makes the structure illegal and subject to removal. Any

  6  structure built in any water conservation area on or after

  7  July 1, 2000 is also illegal and subject to immediate removal.

  8         Section 5.  Paragraph (j) of subsection (6) and

  9  subsection (8) of section 253.034, Florida Statutes, are

10  amended to read:

11         253.034  State-owned lands; uses.--

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

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

14  vested in the board, may be surplused. Notwithstanding s.

15  253.111, for those lands designated as acquired for

16  conservation purposes, the board shall make a determination

17  that the lands are no longer needed for conservation purposes

18  and may dispose of them by a two-thirds vote.  For all other

19  lands, the board shall make a determination that the lands are

20  no longer needed and may dispose of them by majority vote.

21         (j)  Proceeds from any sale of surplus lands pursuant

22  to this subsection shall be deposited into the fund from which

23  such lands were acquired. However, if the fund from which the

24  lands were originally acquired no longer exists, such proceeds

25  shall be deposited into an appropriate account to be used for

26  land management by the lead managing agency assigned the lands

27  prior to the lands' being declared surplus for use by the lead

28  managing agency for land management.

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

30  the Department of Corrections, the Department of Juvenile

31  Justice, or the Department of Education are shall not be

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  1  subject to the provisions for review by the council or its

  2  successor described in subsection (5).  Management plans filed

  3  by these agencies shall be made available to the public for a

  4  period of 90 days at the administrative offices of the parcel

  5  or project affected by the management plan and at the

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

  7  during the public comment period shall be deemed approved.

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

  9  to the Board of Trustees of the Internal Improvement Trust

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

11  Improvement Trust Fund shall approve the plan with or without

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

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

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

15         Section 6.  Subsections (3) and (6) of section 259.03,

16  Florida Statutes, are amended to read:

17         259.03  Definitions.--The following terms and phrases

18  when used in this chapter shall have the meanings ascribed to

19  them in this section, except where the context clearly

20  indicates a different meaning:

21         (3)  "Capital improvement" or "capital project

22  expenditure" means those activities relating to the

23  acquisition, restoration, public access, and recreational uses

24  of such lands, water areas, and related resources deemed

25  necessary to accomplish the purposes of this chapter. Eligible

26  activities include, but are not limited to: the initial

27  removal of invasive plants; the construction, improvement,

28  enlargement or extension of facilities' signs, firelanes,

29  access roads, and trails; or any other activities that serve

30  to restore, conserve, protect, or provide public access,

31  recreational opportunities, or necessary services for land or

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  1  water areas. Such activities shall be identified prior to the

  2  acquisition of a parcel or the approval of a project. The

  3  continued expenditures necessary for a capital improvement

  4  approved under this subsection shall not be eligible for

  5  funding provided in this chapter. Such capital improvements or

  6  capital project expenditures must have a useful life that is

  7  at least as long as the debt repayment period of the bond

  8  issue from which they were funded.

  9         (6)  "Water resource development project" means a

10  project eligible for funding pursuant to s. 259.105 that

11  increases the amount of water available to meet the needs of

12  natural systems and the citizens of the state by enhancing or

13  restoring aquifer recharge, facilitating the capture and

14  storage of excess flows in surface waters, or promoting reuse.

15  The implementation of eligible projects under s. 259.105

16  includes land acquisition, land and water body restoration,

17  aquifer storage and recovery facilities, surface water

18  reservoirs, and other capital improvements. With the exclusion

19  of projects that promote reuse, the term does not include

20  construction of treatment, transmission, or distribution

21  facilities.

22         Section 7.  Paragraphs (b) and (e) of subsection (1) of

23  section 259.0345, Florida Statutes, are amended to read:

24         259.0345  Florida Forever Advisory Council.--

25         (1)

26         (b)  The members appointed by the Governor shall serve

27  3-year 4-year terms, except that, initially, to provide for

28  staggered terms, three of the appointees shall serve 2-year

29  terms.  No appointee shall serve more than 6 years.  The

30  Governor may at any time fill a vacancy for the unexpired term

31  of a member appointed under paragraph (a).

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  1         (e)  Appointments shall be made by August 15, 1999, and

  2  the council's first meeting shall be held by September 15,

  3  1999.  Beginning, January 1, 2000, The council shall, at a

  4  minimum, meet twice a year.

  5         Section 8.  Subsections (3) and (18) and paragraph (a)

  6  of subsection (7) of section 259.105, Florida Statutes, are

  7  amended, and paragraphs (p) and (q) are added to subsection

  8  (4) of that section to read:

  9         259.105  The Florida Forever Act.--

10         (3)  Less the costs of issuing and the costs of funding

11  reserve accounts and other costs associated with bonds, the

12  proceeds of bonds issued pursuant to this section shall be

13  deposited into the Florida Forever Trust Fund created by s.

14  259.1051. The proceeds shall be distributed by the Department

15  of Environmental Protection in the following manner, except

16  that the distribution rates may be adjusted to facilitate the

17  prompt expenditure of bond proceeds as long as no agency or

18  entity receives more funds than it would otherwise be entitled

19  to receive during the duration of the Florida Forever program:

20         (a)  Thirty-five percent to the Department of

21  Environmental Protection for the acquisition of lands and

22  capital project expenditures necessary to implement the water

23  management districts' priority lists developed pursuant to s.

24  373.199.  The funds are to be distributed to the water

25  management districts as provided in subsection (11).  A

26  minimum of 50 percent of the total funds provided over the

27  life of the Florida Forever program pursuant to this paragraph

28  shall be used for the acquisition of lands.

29         (b)  Thirty-five percent to the Department of

30  Environmental Protection for the acquisition of lands and

31  capital project expenditures described in this section. Of the

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  1  proceeds distributed pursuant to this paragraph, it is the

  2  intent of the Legislature that an increased priority be given

  3  to those acquisitions which achieve a combination of

  4  conservation goals, including protecting Florida's water

  5  resources and natural groundwater recharge. Capital project

  6  expenditures may not exceed 10 percent of the funds allocated

  7  pursuant to this paragraph.

  8         (c)  Twenty-four percent to the Department of Community

  9  Affairs for use by the Florida Communities Trust for the

10  purposes of part III of chapter 380, and grants to local

11  governments or nonprofit environmental organizations that are

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

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

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

15  government comprehensive plans.  From funds available to the

16  trust, 8 percent shall be transferred annually to the Land

17  Acquisition Trust Fund for grants pursuant to s. 375.075.

18  From funds available to the trust and used for land

19  acquisition, 75 percent shall be matched by local governments

20  on a dollar-for-dollar basis.  The Legislature intends that

21  the Florida Communities Trust emphasize funding projects in

22  low-income or otherwise disadvantaged communities.  At least

23  thirty percent of the total allocation provided to the trust

24  shall be used in Standard Metropolitan Statistical Areas, but

25  one-half of that amount shall be used in localities in which

26  the project site is located in built-up commercial,

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

28  open spaces within congested urban core areas.  From funds

29  allocated to the trust, no less than 5 percent shall be used

30  to acquire lands for recreational trail systems, provided that

31  in the event these funds are not needed for such projects,

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  1  they will be available for other trust projects.  Local

  2  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  acquisitions funded through the Florida Communities Trust.

  7  Any lands purchased by nonprofit organizations using funds

  8  allocated under this paragraph must provide for such lands to

  9  remain permanently in public use through a reversion of title

10  to local or state government, conservation easement, or other

11  appropriate mechanism.  Projects funded with funds allocated

12  to the Trust shall be selected in a competitive process

13  measured against criteria adopted in rule by the Trust.

14         (d)  One and five-tenths percent to the Department of

15  Environmental Protection for the purchase of inholdings and

16  additions to state parks and for capital project expenditures

17  as described in this section. Capital project expenditures may

18  not exceed 10 percent of the funds allocated under this

19  paragraph. For the purposes of this paragraph, "state park"

20  means any real property in the state which is under the

21  jurisdiction of the Division of Recreation and Parks of the

22  department, or which may come under its jurisdiction.

23         (e)  One and five-tenths percent to the Division of

24  Forestry of the Department of Agriculture and Consumer

25  Services to fund the acquisition of state forest inholdings

26  and additions pursuant to s. 589.07, and the implementation of

27  reforestation plans or sustainable forestry management

28  practices, and for capital project expenditures as described

29  in this section. Capital project expenditures may not exceed

30  10 percent of the funds allocated under this paragraph.

31

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  1         (f)  One and five-tenths percent to the Fish and

  2  Wildlife Conservation Commission to fund the acquisition of

  3  inholdings and additions to lands managed by the commission

  4  which are important to the conservation of fish and wildlife

  5  and for capital project expenditures as described in this

  6  section. Capital project expenditures may not exceed 10

  7  percent of the funds allocated under this paragraph.

  8         (g)  One and five-tenths percent to the Department of

  9  Environmental Protection for the Florida Greenways and Trails

10  Program, to acquire greenways and trails or greenways and

11  trail systems pursuant to chapter 260, including, but not

12  limited to, abandoned railroad rights-of-way and the Florida

13  National Scenic Trail and for capital project expenditures as

14  described in this section. Capital project expenditures may

15  not exceed 10 percent of the funds allocated under this

16  paragraph.

17         (h)  For the purposes of paragraphs (d), (e), (f), and

18  (g), the agencies which receive the funds shall develop their

19  individual acquisition or restoration lists. Proposed

20  additions may be acquired if they are identified within the

21  original project boundary, the management plan required

22  pursuant to s. 253.034(5), or the management prospectus

23  required pursuant to s. 259.032(9)(d). Proposed additions not

24  meeting the requirements of this paragraph shall be submitted

25  to the Acquisition and Restoration Council for approval.  The

26  council may only approve the proposed addition if it meets two

27  or more of the following criteria: serves as a link or

28  corridor to other publicly owned property; enhances the

29  protection or management of the property; would add a

30  desirable resource to the property; would create a more

31  manageable boundary configuration; has a high resource value

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  1  that otherwise would be unprotected; or can be acquired at

  2  less than fair market value.

  3         (4)  It is the intent of the Legislature that projects

  4  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

  5  contribute to the achievement of the following goals:

  6         (p)  Ensure that sufficient quantities of water are

  7  available to meet current and future needs of the natural

  8  system and the residents of the state, as measured by

  9  implementation of the water-resource-development component of

10  the regional water supply plan developed under s. 373.0361.

11         (q)  An increase in the state's inventory of historical

12  and cultural sites as measured by the number of sites

13  acquired.

14         (7)(a)  Beginning July 1, 2001 2000, and every year

15  thereafter, the Acquisition and Restoration Council shall

16  accept applications from state agencies, local governments,

17  nonprofit and for-profit organizations, private land trusts,

18  and individuals for project proposals eligible for funding

19  pursuant to paragraph (3)(b). The council shall evaluate the

20  proposals received pursuant to this subsection to ensure that

21  they meet at least one of the criteria under subsection (9).

22         (18)  The Acquisition and Restoration Council shall may

23  recommend adoption of rules by the board of trustees necessary

24  to implement the provisions of this section relating to:

25  solicitation, scoring, selecting, and ranking of Florida

26  Forever project proposals; disposing of or leasing lands or

27  water areas selected for funding through the Florida Forever

28  program; and the process of reviewing and recommending for

29  approval or rejection the land management plans associated

30  with publicly owned properties. Rules promulgated pursuant to

31  this subsection shall be submitted to the President of the

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  1  Senate and the Speaker of the House of Representatives, for

  2  review by the Legislature, no later than 30 days prior to the

  3  2001 2000 Regular Session and shall become effective only

  4  after legislative review. In its review, the Legislature may

  5  reject, modify, or take no action relative to such rules. The

  6  council shall conform such rules to changes made by the

  7  Legislature, or, if no action was taken by the Legislature,

  8  such rules shall become effective.

  9         Section 9.  Paragraph (c) of subsection (1) of section

10  373.1391, Florida Statutes, is amended to read:

11         373.1391  Management of real property.--

12         (1)

13         (c)  In developing or reviewing land management plans

14  when should a dispute arises arise that has not been cannot be

15  resolved by a the water management district's final agency

16  action districts, that dispute must issue shall be resolved

17  under chapter 120 forwarded to the Secretary of Environmental

18  Protection who shall submit it to the Florida Forever Advisory

19  Council.

20         Section 10.  Subsection (7) of section 373.199, Florida

21  Statutes, is amended to read:

22         373.199  Florida Forever Water Management District Work

23  Plan.--

24         (7)  By June 1, 2001, and January 1 of each year

25  thereafter, each district shall file with the Legislature and

26  the Secretary of Environmental Protection a report of

27  acquisitions completed during the year together with

28  modifications or additions to its 5-year work plan. Included

29  in the report shall be:

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  1         (a)  A description of land management activity for each

  2  property or project area owned by the water management

  3  district.

  4         (b)  A list of any lands surplused and the amount of

  5  compensation received.

  6

  7  The secretary shall submit the report required pursuant to

  8  this subsection along with the Florida Forever report required

  9  under s. 259.105.

10         Section 11.  Subsection (1) of section 373.59, Florida

11  Statutes, is amended to read:

12         373.59  Water Management Lands Trust Fund.--

13         (1)  There is established within the Department of

14  Environmental Protection the Water Management Lands Trust Fund

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

16  section. The moneys in this fund are hereby continually

17  appropriated for the purposes of land acquisition, management,

18  maintenance, capital improvements of land titled to the

19  districts, payments in lieu of taxes, debt service on bonds

20  issued prior to July 1, 1999, debt service on bonds issued on

21  or after July 1, 1999, which are issued to refund bonds issued

22  before July 1, 1999, preacquisition costs associated with land

23  purchases, and the department's costs of administration of the

24  fund.  The department's costs of administration shall be

25  charged proportionally against each district's allocation

26  using the formula provided in subsection (8).  Capital

27  improvements shall include, but need not be limited to,

28  perimeter fencing, signs, firelanes, control of invasive

29  exotic species, controlled burning, habitat inventory and

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

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  1  minimal public accommodations, such as primitive campsites,

  2  garbage receptacles, and toilets.

  3         Section 12.  Section 375.051, Florida Statutes, is

  4  amended to read:

  5         375.051  Issuance of revenue bonds subject to

  6  constitutional authorization.--The acquisition of lands, water

  7  areas, and related resources by the department under this act

  8  is a public purpose for which revenue bonds may be issued when

  9  and only when there has been granted in the State Constitution

10  specific authorization for the department to issue revenue

11  bonds to pay the cost of acquiring such lands, water areas,

12  and related resources and to construct, improve, enlarge, and

13  extend capital improvements and facilities thereon as

14  determined by the department to be necessary for the purposes

15  of this act.  The department may utilize the services and

16  facilities of the Department of Legal Affairs, the Board of

17  Administration, or any other agency in this regard.  No

18  revenue bonds, revenue certificates, or other evidences of

19  indebtedness shall be issued for the purposes of this act

20  except as specifically authorized by the State Constitution.

21  All revenue bonds, revenue certificates, or other evidences of

22  indebtedness issued pursuant to this act shall be submitted to

23  the State Board of Administration for approval or disapproval.

24  No individual series of bonds may be issued pursuant to this

25  section unless the first year's debt service for the remainder

26  of the fiscal year in which the bonds are issued such bonds is

27  specifically appropriated in the General Appropriations Act.

28         Section 13.  Subsection (11) of section 380.507,

29  Florida Statutes, is amended to read:

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  1         380.507  Powers of the trust.--The trust shall have all

  2  the powers necessary or convenient to carry out the purposes

  3  and provisions of this part, including:

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

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

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

  7  adopt rules to carry out the purposes of part III of this

  8  chapter and to govern governing the acquisition of lands by

  9  local governments or the trust using proceeds from the

10  Preservation 2000 Trust Fund and the Florida Forever Trust

11  Fund, consistent with the intent expressed in the Florida

12  Forever Act. Such rules for land acquisition must include, but

13  are not limited to, procedures for appraisals and

14  confidentiality consistent with ss. 125.355(1)(a) and (b) and

15  166.045(1)(a) and (b), a method of determining a maximum

16  purchase price, and procedures to assure that the land is

17  acquired in a voluntarily negotiated transaction, surveyed,

18  conveyed with marketable title, and examined for hazardous

19  materials contamination. Land acquisition procedures of a

20  local land authority created pursuant to s. 380.0663 or s.

21  380.0677 may be used for the land acquisition programs

22  described by ss. 259.101(3)(c) and 259.105 if within areas of

23  critical state concern designated pursuant to s. 380.05,

24  subject to approval of the trust.

25         Section 14.  Subsection (7) of section 380.510, Florida

26  Statutes, is amended to read:

27         380.510  Conditions of grants and loans.--

28         (7)  Any funds received by the trust from the

29  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and

30  the Florida Forever Trust Fund pursuant to s. 259.105(3)(c)

31  shall be held separate and apart from any other funds held by

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  1  the trust and shall be used only to pay the cost of the

  2  acquisition of lands by a local government or the state for

  3  the purposes of this part. In addition to the other conditions

  4  set forth in this section, the disbursement of Preservation

  5  2000 and Florida Forever funds from the trust shall be subject

  6  to the following conditions:

  7         (a)  The administration and use of any funds received

  8  by the trust from the Preservation 2000 Trust Fund and the

  9  Florida Forever Trust Fund shall be subject to such terms and

10  conditions imposed thereon by the agency of the state

11  responsible for the bonds, the proceeds of which are deposited

12  in the Preservation 2000 Trust Fund and the Florida Forever

13  Trust Fund, including restrictions imposed to ensure that the

14  interest on any such bonds issued by the state as tax-exempt

15  bonds will not be included in the gross income of the holders

16  of such bonds for federal income tax purposes.

17         (b)  All deeds or leases with respect to any real

18  property acquired with funds received by the trust from the

19  Preservation 2000 Trust Fund shall contain such covenants and

20  restrictions as are sufficient to ensure that the use of such

21  real property at all times complies with s. 375.051 and s. 9,

22  Art. XII of the State Constitution. All deeds or leases with

23  respect to any real property acquired with funds received by

24  the trust from the Florida Forever Trust Fund shall contain

25  such covenants and restrictions as are sufficient to ensure

26  that the use of such real property at all times complies with

27  s. 11(e), Art. VII of the State Constitution. Each deed or

28  lease shall contain a reversion, conveyance, or termination

29  clause that will vest title in the Board of Trustees of the

30  Internal Improvement Trust Fund if any of the covenants or

31  restrictions are violated by the titleholder or leaseholder or

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  1  by some third party with the knowledge of the titleholder or

  2  leaseholder.

  3         Section 15.  Except as otherwise provided in this act,

  4  this act shall take effect July 1, 2000.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Revises funding and land acquisition procedures for the
      Florida Forever program.
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