House Bill 2403

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    Florida House of Representatives - 2000                HB 2403

        By the Committee on Environmental Protection and
    Representatives Dockery and Constantine





  1                      A bill to be entitled

  2         An act relating to land acquisition; amending

  3         s. 201.15, F.S.; clarifying the Division of

  4         Bond Finance's authority to issue Florida

  5         Forever bonds on an annual basis; providing an

  6         exclusion for certain revenues collected to

  7         address nonagricultural nonpoint source water

  8         quality impacts from calculation of an

  9         applicable excise tax rate under the Water

10         Quality Assurance Trust Fund; amending s.

11         215.618, F.S.; providing that the limitation on

12         issuance of Florida Forever bonds does not

13         apply to refunding bonds; amending s. 253.03,

14         F.S.; revising leasing and permitting

15         requirements for structures built in certain

16         conservation areas; providing for imposition of

17         reasonable conditions by the Department of

18         Environmental Protection or a water management

19         district; providing notification requirements

20         for landowners of structures on privately owned

21         lands; providing that noncompliance with lease

22         or permit conditions subjects a structure to

23         removal; amending s. 259.032, F.S., relating to

24         reports of entities managing Conservation and

25         Recreation Lands; amending s. 253.034, F.S.,

26         relating to state-owned lands; requiring the

27         Board of Trustees of the Internal Improvement

28         Trust Fund to adopt certain rules; modifying

29         definitions of "multiple use" and "single use";

30         revising provisions relating to management

31         agreements and management plans; providing that

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  1         certain lands acquired by the state are not

  2         purchased for conservation purposes; providing

  3         requirements regarding the sale of certain

  4         surplus lands; providing procedure relating to

  5         review and recommendation to the board of

  6         trustees of proposed uses of conservation

  7         lands; correcting cross references; amending s.

  8         259.0345, F.S.; revising reporting requirements

  9         of the Florida Forever Advisory Council;

10         amending s. 259.035, F.S.; providing duties and

11         required procedures of the Acquisition and

12         Restoration Council relating to selection of

13         Conservation and Recreation Lands, Florida

14         Preservation 2000, and Florida Forever

15         projects; amending s. 259.101, F.S., relating

16         to Florida Preservation 2000; conforming

17         language and references; deleting repealer date

18         and legislative review requirement; deleting

19         requirement to redistribute unencumbered

20         balances; removing requirement that the

21         Department of Environmental Protection or the

22         water management districts shall carry over

23         unspent funds to the subsequent fiscal year;

24         deleting provisions that repeal Preservation

25         2000 allocation of bond proceeds to certain

26         programs; amending s. 259.105, F.S., relating

27         to the Florida Forever Act; revising amount of

28         distribution of bond proceeds to the Department

29         of Community Affairs; providing that a certain

30         sum be retained by the Department of

31         Environmental Protection and deposited directly

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  1         into the Land Acquisition Trust Fund; providing

  2         additional goals for funded projects or

  3         acquisitions; postponing beginning date for

  4         project applications; revising provisions

  5         relating to selection of Florida Forever and

  6         Conservation and Recreation Lands projects;

  7         providing for authority of the Acquisition and

  8         Restoration Council as successor to the Land

  9         Acquisition and Management Advisory Council;

10         amending s. 260.018, F.S., relating to agency

11         recognition of the statewide system of

12         greenways and trails; amending s. 373.139,

13         F.S.; revising provisions relating to public

14         hearings, and notice thereof, for water

15         management district acquisition of real

16         property; requiring certain disclosure of

17         appraisals; amending s. 373.1391, F.S.;

18         providing that the Acquisition and Restoration

19         Council, rather than the Florida Forever

20         Advisory Council, is to review water management

21         district disputes; amending s. 373.199, F.S.;

22         revising water management district

23         responsibilities regarding the Florida Forever

24         water management district work plans;

25         postponing due date for the initial 5-year work

26         plans; creating s. 373.1995, F.S.; requiring a

27         joint report by the water management districts

28         establishing goals and performance measures for

29         Florida Forever funding of district priority

30         projects; amending s. 373.59, F.S.; authorizing

31         the Water Management Lands Trust Fund to pay

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  1         debt service on certain bonds; revising

  2         provisions relating to payment in lieu of taxes

  3         to delete a taxable value qualification and

  4         provide for certain retroactive payments;

  5         amending s. 375.075, F.S., relating to

  6         financial assistance to local governments for

  7         outdoor recreation; amending s. 380.507, F.S.;

  8         clarifying rulemaking authority of the Florida

  9         Communities Trust; providing a restriction on

10         use of the Water Management Lands Trust Fund;

11         repealing s. 211.3103(9), F.S., relating to

12         property donations by solid minerals producers,

13         which impact the proceeds of phosphate

14         severance taxes returned to a county; providing

15         effective dates.

16

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

18

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

20  201.15, Florida Statutes, is amended to read:

21         201.15  Distribution of taxes collected.--All taxes

22  collected under this chapter shall be distributed as follows

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

24  215.20(1), except that such service charge shall not be levied

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

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

27  required to pay any amounts relating to the bonds:

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

29  the remaining taxes collected under this chapter shall be used

30  for the following purposes:

31

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

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

  3  obligations, or other amounts payable with respect to

  4  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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

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

  8  amount transferred to the Land Acquisition Trust Fund for such

  9  purposes shall not exceed $300 million in fiscal year

10  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

12  fiscal year 2000-2001 and thereafter for Florida Forever

13  bonds. The annual amount transferred to the Land Acquisition

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

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

16  The limitation on the amount transferred shall be increased by

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

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

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

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

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

22  31, 2030. Except for bonds issued to refund previously issued

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

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

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

26  bonds are issued such bonds is specifically appropriated in

27  the General Appropriations Act. For purposes of refunding

28  Preservation 2000 bonds, amounts designated within this

29  section for Preservation 2000 and Florida Forever bonds may be

30  transferred between the two programs to the extent provided

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

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  1  The Preservation 2000 bonds and Florida Forever bonds shall be

  2  equally and ratably secured by moneys distributable to the

  3  Land Acquisition Trust Fund pursuant to this section, except

  4  to the extent specifically provided otherwise by the documents

  5  authorizing the issuance of the bonds. No moneys transferred

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

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

  8  debt service on the Save Our Coast revenue bonds.

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

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

11  Statutes, as amended by chapter 99-247, Laws of Florida, are

12  amended to read:

13         201.15  Distribution of taxes collected.--All taxes

14  collected under this chapter shall be distributed as follows

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

16  215.20(1), except that such service charge shall not be levied

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

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

19  required to pay any amounts relating to the bonds:

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

21  the remaining taxes collected under this chapter shall be used

22  for the following purposes:

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

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

25  obligations, or other amounts payable with respect to

26  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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

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

30  amount transferred to the Land Acquisition Trust Fund for such

31  purposes shall not exceed $300 million in fiscal year

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  1  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

  3  fiscal year 2000-2001 and thereafter for Florida Forever

  4  bonds. The annual amount transferred to the Land Acquisition

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

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

  7  The limitation on the amount transferred shall be increased by

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

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

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

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

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

13  31, 2030. Except for bonds issued to refund previously issued

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

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

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

17  bonds are issued such bonds is specifically appropriated in

18  the General Appropriations Act. For purposes of refunding

19  Preservation 2000 bonds, amounts designated within this

20  section for Preservation 2000 and Florida Forever bonds may be

21  transferred between the two programs to the extent provided

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

23  The Preservation 2000 bonds and Florida Forever bonds shall be

24  equally and ratably secured by moneys distributable to the

25  Land Acquisition Trust Fund pursuant to this section, except

26  to the extent specifically provided otherwise by the documents

27  authorizing the issuance of the bonds. No moneys transferred

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

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

30  debt service on the Save Our Coast revenue bonds.

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

  2  collected under this chapter shall be paid into the State

  3  Treasury and divided equally to the credit of the Department

  4  of Environmental Protection Water Quality Assurance Grants and

  5  Donations Trust Fund to address water quality impacts

  6  associated with nonagricultural nonpoint sources and to the

  7  credit of the Department of Agriculture and Consumer Services

  8  General Inspection Trust Fund to address water quality impacts

  9  associated with agricultural nonpoint sources, respectively.

10  These funds shall be used for research, development,

11  demonstration, and implementation of suitable best management

12  practices or other measures used to achieve water quality

13  standards in surface waters and water segments identified

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

15  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

16  management practices and other measures may include cost-share

17  grants, technical assistance, implementation tracking, and

18  conservation leases or other agreements for water quality

19  improvement. The unobligated balance of funds received from

20  the distribution of taxes collected under this chapter to

21  address water quality impacts associated with nonagricultural

22  nonpoint sources shall be excluded when calculating the

23  unobligated balance of the Water Quality Assurance Trust Fund

24  as it relates to the determination of the applicable excise

25  tax rate.

26         Section 3.  Subsection (1) of section 215.618, Florida

27  Statutes, is amended to read:

28         215.618  Bonds for acquisition and improvement of land,

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

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

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

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

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

  3  for the purposes of restoration, conservation, recreation,

  4  water resource development, or historical preservation, and

  5  for capital improvements to lands and water areas that

  6  accomplish environmental restoration, enhance public access

  7  and recreational enjoyment, promote long-term management

  8  goals, and facilitate water resource development is hereby

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

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

11  Florida Forever bonds may also be issued to refund

12  Preservation 2000 bonds issued pursuant to s. 375.051. The $3

13  billion limitation on the issuance of Florida Forever bonds

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

15  of Florida Forever bonds issued may not exceed 20 annual

16  maturities. Preservation 2000 bonds and Florida Forever bonds

17  shall be equally and ratably secured by moneys distributable

18  to the Land Acquisition Trust Fund pursuant to s.

19  201.15(1)(a), except to the extent specifically provided

20  otherwise by the documents authorizing the issuance of the

21  bonds.

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

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

24  added to said 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 of which will not

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  1  impede the restoration of the Everglades, whether pursuant to

  2  a 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 result in issuance to

  6  grant the leaseholders of an automatic 20-year lease at a

  7  reasonable fee established by the district, or the Department

  8  of Environmental Protection, as appropriate, to expire on

  9  January 1, 2020. The district or Department of Environmental

10  Protection, as appropriate, may impose reasonable conditions

11  consistent with existing laws and rules. Where the structures

12  are located on privately owned lands, the landowners must

13  provide the same notification which will result in issuance to

14  the leaseholders of a 20-year permit.  Where the structures

15  are located on state-owned lands, the South Florida Water

16  Management District shall submit this notification to the

17  Department of Environmental Protection on the owner's behalf.

18  At the expiration of this 20-year lease or permit, the South

19  Florida Water Management District or the Department of

20  Environmental Protection, as appropriate, shall have the right

21  to require that the leaseholder remove the structures if the

22  district determines that the structures or their use are

23  causing harm to the water or land resources of the district,

24  or to renew the lease agreement.  The structure of any owner

25  who does not provide notification to the South Florida Water

26  Management District as required under this subsection, shall

27  be considered illegal and subject to immediate removal.  Any

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

29  1999, without necessary permits and leases from the South

30  Florida Water Management District, or the Department of

31  Environmental Protection, or other local government, as

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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  shall make the structure illegal and subject to removal. Any

  6  structure built in any water conservation area on or after the

  7  effective date of this paragraph shall also be considered

  8  illegal and subject to immediate removal.

  9         Section 5.  Subsection (10) and paragraph (b) of

10  subsection (12) of section 259.032, Florida Statutes, are

11  amended to read:

12         259.032  Conservation and Recreation Lands Trust Fund;

13  purpose.--

14         (10)(a)  State, regional, or local governmental

15  agencies or private entities designated to manage lands under

16  this section shall develop and adopt, with the approval of the

17  board of trustees, an individual management plan for each

18  project designed to conserve and protect such lands and their

19  associated natural resources. Private sector involvement in

20  management plan development may be used to expedite the

21  planning process.

22         (b)  Individual management plans required by s.

23  253.034(5), for parcels over 160 acres, shall be developed

24  with input from an advisory group. Members of this advisory

25  group shall include, at a minimum, representatives of the lead

26  land managing agency, comanaging entities, local private

27  property owners, the appropriate soil and water conservation

28  district, a local conservation organization, and a local

29  elected official.  The advisory group shall conduct at least

30  one public hearing within the county in which the parcel or

31  project is located. For those parcels or projects that are

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  1  within more than one county, at least one areawide public

  2  hearing shall be acceptable and the lead managing agency shall

  3  invite a local elected official from each county. The areawide

  4  public hearing shall be held in the county in which the core

  5  parcels are located. Notice of such public hearing shall be

  6  posted on the parcel or project designated for management,

  7  advertised in a paper of general circulation, and announced at

  8  a scheduled meeting of the local governing body before the

  9  actual public hearing.  The management prospectus required

10  pursuant to paragraph (9)(d) shall be available to the public

11  for a period of 30 days prior to the public hearing.

12         (c)  Once a plan is adopted, the managing agency or

13  entity shall update the plan at least every 5 years in a form

14  and manner prescribed by rule of the board of trustees. Such

15  updates, for parcels over 160 acres, shall be developed with

16  input from an advisory group. Such plans may include transfers

17  of leasehold interests to appropriate conservation

18  organizations or governmental entities designated by the Land

19  Acquisition and Management Advisory Council or its successor,

20  for uses consistent with the purposes of the organizations and

21  the protection, preservation, conservation, restoration, and

22  proper management of the lands and their resources. Volunteer

23  management assistance is encouraged, including, but not

24  limited to, assistance by youths participating in programs

25  sponsored by state or local agencies, by volunteers sponsored

26  by environmental or civic organizations, and by individuals

27  participating in programs for committed delinquents and

28  adults.

29         (d)  For each project for which lands are acquired

30  after July 1, 1995, an individual management plan shall be

31  adopted and in place no later than 1 year after the essential

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  1  parcel or parcels identified in the annual Conservation and

  2  Recreation Lands report prepared pursuant to s. 259.035(2)(a)

  3  have been acquired. Beginning in fiscal year 1998-1999, the

  4  Department of Environmental Protection shall distribute only

  5  75 percent of the acquisition funds to which a budget entity

  6  or water management district would otherwise be entitled from

  7  the Preservation 2000 Trust Fund to any budget entity or any

  8  water management district that has more than one-third of its

  9  management plans overdue.

10         (e)  Individual management plans shall conform to the

11  appropriate policies and guidelines of the state land

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

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

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

15  and the statutory authority for such use or uses.

16         2.  Key management activities necessary to preserve and

17  protect natural resources and restore habitat, and for

18  controlling the spread of nonnative plants and animals, and

19  for prescribed fire and other appropriate resource management

20  activities.

21         3.  A specific description of how the managing agency

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

23  use fragile, nonrenewable natural and cultural resources.

24         4.  A priority schedule for conducting management

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

26  acquired.

27         5.  A cost estimate for conducting priority management

28  activities, to include recommendations for cost-effective

29  methods of accomplishing those activities.

30         6.  A cost estimate for conducting other management

31  activities which would enhance the natural resource value or

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

  2  cost estimate shall include recommendations for cost-effective

  3  methods of accomplishing those activities.

  4         7.  A determination of the public uses and public

  5  access that would be consistent with the purposes for which

  6  the lands were acquired.

  7         (f)  The Division of State Lands shall submit a copy of

  8  each individual management plan for parcels which exceed 160

  9  acres in size to each member of the Land Acquisition and

10  Management Advisory Council or its successor, which shall:

11         1.  Within 60 days after receiving a plan from the

12  division, review each plan for compliance with the

13  requirements of this subsection and with the requirements of

14  the rules established by the board pursuant to this

15  subsection.

16         2.  Consider the propriety of the recommendations of

17  the managing agency with regard to the future use or

18  protection of the property.

19         3.  After its review, submit the plan, along with its

20  recommendations and comments, to the board of trustees, with

21  recommendations as to whether to approve the plan as

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

23  plan.

24         (g)  The board of trustees shall consider the

25  individual management plan submitted by each state agency and

26  the recommendations of the Land Acquisition and Management

27  Advisory Council, or its successor, and the Division of State

28  Lands and shall approve the plan with or without modification

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

30  by the board of trustees which is not in accordance with an

31

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  1  approved individual management plan is subject to termination

  2  by the board of trustees.

  3

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

  5  the water management districts, and each private entity

  6  designated to manage lands shall report to the Secretary of

  7  Environmental Protection on the progress of funding, staffing,

  8  and resource management of every project for which the agency

  9  or entity is responsible.

10         (12)

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

12         1.  To all counties that have a population of 150,000

13  or less. and in which the amount of the tax loss from all

14  completed Preservation 2000 and Florida Forever acquisitions

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

16  taxable value. Population levels shall be determined pursuant

17  to s. 11.031.

18         2.  To all local governments located in eligible

19  counties.

20         3.  To Glades County, where a privately owned and

21  operated prison leased to the state has recently been opened

22  and where privately owned and operated juvenile justice

23  facilities leased to the state have recently been constructed

24  and opened, a payment in lieu of taxes, in an amount that

25  offsets the loss of property tax revenue, which funds have

26  already been appropriated and allocated from the Department of

27  Correction's budget for the purpose of reimbursing amounts

28  equal to lost ad valorem taxes.

29

30  For the purposes of this subsection, "local government"

31  includes municipalities, the county school board, mosquito

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  1  control districts, and any other local government entity which

  2  levies ad valorem taxes, with the exception of a water

  3  management district.

  4         Section 6.  Subsections (1), (2), (3), (4), (5), (6),

  5  (8), (10), (11), and (12) of section 253.034, Florida

  6  Statutes, are amended to read:

  7         253.034  State-owned lands; uses.--

  8         (1)  All lands acquired pursuant to chapter 259 shall

  9  be managed to serve the public interest by protecting and

10  conserving land, air, water, and the state's natural

11  resources, which contribute to the public health, welfare, and

12  economy of the state.  These lands shall be managed to provide

13  for areas of natural resource based recreation, and to ensure

14  the survival of plant and animal species and the conservation

15  of finite and renewable natural resources. The state's lands

16  and natural resources shall be managed using a stewardship

17  ethic that assures these resources will be available for the

18  benefit and enjoyment of all people of the state, both present

19  and future. It is the intent of the Legislature that, where

20  feasible and consistent with the goals of protection and

21  conservation of natural resources associated with lands held

22  in the public trust by the Board of Trustees of the Internal

23  Improvement Trust Fund, public land not designated for

24  single-use purposes pursuant to paragraph (2)(b) be managed

25  for multiple-use purposes. All multiple-use land management

26  strategies shall address public access and enjoyment, resource

27  conservation and protection, ecosystem maintenance and

28  protection, and protection of threatened and endangered

29  species, and the degree to which public-private partnerships

30  or endowments may allow the entity agency with management

31  responsibility to enhance its ability to manage these lands.

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  1  The council created in s. 259.035 shall recommend rules to the

  2  board of trustees, and the board shall adopt rules necessary

  3  to carry out the purposes of this section.

  4         (2)  As used in this section, the following phrases

  5  have the following meanings:

  6         (a)  "Multiple use" means the harmonious and

  7  coordinated management of timber, recreation, conservation of

  8  fish and wildlife including the release and feeding of

  9  breeder-raised and wild quail, forage, archaeological and

10  historic sites, habitat and other biological resources, or

11  water resources so that they are utilized in the combination

12  that will best serve the people of the state, making the most

13  judicious use of the land for some or all of these resources

14  and giving consideration to the relative values of the various

15  resources.  Where necessary and appropriate for all

16  state-owned lands that are larger than 1,000 acres in project

17  size and are managed for multiple uses, buffers may be formed

18  around any areas that which require special protection or have

19  special management needs.  Such buffers shall not exceed more

20  than one-half of the total acreage. Multiple uses within a

21  buffer area may be restricted to provide the necessary

22  buffering effect desired.  Multiple use in this context

23  includes both uses of land or resources by more than one

24  management entity, which may include state agency, or by one

25  or more state agencies and private sector land managers.  In

26  any case, lands identified as multiple-use lands in the land

27  management plan shall be managed to enhance and conserve the

28  lands and resources for the enjoyment of the people of the

29  state.

30         (b)  "Single use" means management for one particular

31  purpose to the exclusion of all other purposes, except that

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  1  the using entity agency shall have the option of including in

  2  its management program compatible secondary purposes which

  3  will not detract from or interfere with the primary management

  4  purpose. Such single uses may include, but are not necessarily

  5  restricted to, the use of agricultural lands for production of

  6  food and livestock, the use of improved sites and grounds for

  7  institutional purposes, and the use of lands for parks,

  8  preserves, wildlife management, archaeological or historic

  9  sites, or wilderness areas where the maintenance of

10  essentially natural conditions is important.  All submerged

11  lands shall be considered single-use lands and shall be

12  managed primarily for the maintenance of essentially natural

13  conditions, the propagation of fish and wildlife, and public

14  recreation, including hunting and fishing where deemed

15  appropriate by the managing entity agency.

16         (3)  In recognition that recreational trails purchased

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

18  259.105(3)(h)(g) have had historic transportation uses and

19  that their linear character may extend many miles, the

20  Legislature intends that when the necessity arises to serve

21  public needs, after balancing the need to protect trail users

22  from collisions with automobiles and a preference for the use

23  of overpasses and underpasses to the greatest extent feasible

24  and practical, transportation uses shall be allowed to cross

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

26  s. 259.105(3)(h)(g). When these crossings are needed, the

27  location and design should consider and mitigate the impact on

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

29  shall be paid based on fair market value.

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

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

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  1  Trustees of the Internal Improvement Trust Fund shall be

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

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

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

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

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

  7  transportation facility. An entity agency managing or leasing

  8  state-owned lands from the board of Trustees of the Internal

  9  Improvement Trust Fund may not sublease such lands without

10  prior review by the division and, for conservation lands, by

11  the Acquisition and Restoration Land Acquisition and

12  Management Advisory Council created in s. 259.035. All

13  management agreements, leases, or other instruments

14  authorizing the use of lands owned by the board shall be

15  reviewed for approval by the board or its designee or its

16  successor and approval by the board. The Land Acquisition and

17  Management Advisory council is not required to review

18  subleases of parcels which are less than 160 acres in size.

19         (5)  Each entity state agency managing conservation

20  lands owned by the Board of Trustees of the Internal

21  Improvement Trust Fund shall submit to the Division of State

22  Lands a land management plan at least every 5 years in a form

23  and manner prescribed by rule by the board. For management

24  units that are greater than 160 acres in size, the management

25  plans and 5-year updates shall be developed with input of

26  advisory groups established pursuant to s. 259.032(10)(b).

27  All management plans, whether for single-use or multiple-use

28  properties, shall specifically describe how the managing

29  entity agency plans to identify, locate, protect and preserve,

30  or otherwise use fragile nonrenewable resources, such as

31  archaeological and historic sites, as well as other fragile

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  1  resources, including endangered plant and animal species, and

  2  provide for the conservation of soil and water resources and

  3  for the control and prevention of soil erosion. Land

  4  management plans submitted by an entity agency shall include

  5  reference to appropriate statutory authority for such use or

  6  uses and shall conform to the appropriate policies and

  7  guidelines of the state land management plan. All land

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

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

10  parcel, which analysis shall include the potential of the

11  parcel to generate revenues to enhance the management of the

12  parcel.  Additionally, the land management plan shall contain

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

14  facilitate the restoration or management of these lands.  In

15  those cases where a newly acquired property has a valid

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

17  of the property until a formal land management plan is

18  completed.

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

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

21  that which exceed 160 acres in size. The council or its

22  successor shall review each plan for compliance with the

23  requirements of this subsection, the requirements of chapter

24  259, and with the requirements of the rules established by the

25  board pursuant to this section subsection.  The council or its

26  successor shall also consider the propriety of the

27  recommendations of the managing entity agency with regard to

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

29  nonrenewable resources, the potential for alternative or

30  multiple uses not recognized by the managing entity agency,

31  and the possibility of disposal of the property by the board.

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  1  After its review, the council or its successor shall submit

  2  the plan, along with its recommendations and comments, to the

  3  board. The council or its successor shall specifically

  4  recommend to the board whether to approve the plan as

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

  6  plan.

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

  8  Trust Fund shall consider the land management plan submitted

  9  by each entity state agency and the recommendations of the

10  council or its successor and the Division of State Lands and

11  shall approve the plan with or without modification or reject

12  such plan.  The use or possession of any such lands that which

13  is not in accordance with an approved land management plan is

14  subject to termination by the board.

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

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

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

18  253.111, for conservation those lands designated as acquired

19  for conservation purposes, the board shall make a

20  determination that the lands are no longer needed for

21  conservation purposes and may dispose of them by a two-thirds

22  vote.  For all other lands, the board shall make a

23  determination that the lands are no longer needed and may

24  dispose of them by majority vote.

25         (a)  For the purposes of this subsection, all lands

26  acquired by the state prior to July 1, 1999, using proceeds

27  from the Preservation 2000 bonds, the Conservation and

28  Recreation Lands Trust Fund, the Water Management Lands Trust

29  Fund, Environmentally Endangered Lands Program, and the Save

30  Our Coast Program and titled to the board, which lands are

31  identified as core parcels or within original project

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  1  boundaries, shall be deemed to have been acquired for

  2  conservation purposes.

  3         (b)  For any lands purchased by the state on or after

  4  July 1, 1999, a determination shall be made by the board prior

  5  to acquisition as to those parcels that shall be designated as

  6  having been acquired for conservation purposes.  No lands

  7  acquired for the following uses use by the Department of

  8  Corrections, the Department of Management Services for use as

  9  state offices, the Department of Transportation, except those

10  specifically managed for conservation or recreation purposes,

11  or the State University System or State Community College

12  System shall be designated as having been purchased for

13  conservation purposes, except those specifically managed for

14  conservation and recreation purposes:  correction and

15  detention facilities, state office buildings, maintenance

16  yards, state university or state community colleges campuses,

17  agricultural field stations or offices, tower sites, trooper

18  stations and license facilities, laboratories, hospitals, and

19  clinics.

20         (c)  At least every 3 years, as a component of each

21  land management plan or land use plan and in a form and manner

22  prescribed by rule by the board, each management entity state

23  agency shall evaluate and indicate to the board those lands

24  that which the entity agency manages which are not being used

25  for the purpose for which they were originally leased. Such

26  lands shall be reviewed by the council or its successor for

27  its recommendation as to whether such lands should be disposed

28  of by the board.

29         (d)  Lands owned by the board which are not actively

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

31  plan has not been completed pursuant to subsection (5) shall

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  1  be reviewed by the council or its successor for its

  2  recommendation as to whether such lands should be disposed of

  3  by the board.

  4         (e)  Prior to any decision by the board to surplus

  5  lands, the Acquisition and Restoration Council shall review

  6  and make recommendations to the board concerning the request

  7  for surplusing. The council shall determine whether the

  8  request for surplusing is compatible with the resource values

  9  of and management objectives for such lands.

10         (f)  In reviewing lands owned by the board, the council

11  or its successor shall consider whether such lands would be

12  more appropriately owned or managed by the county or other

13  unit of local government in which the land is located.  The

14  council or its successor shall recommend to the board whether

15  a sale, lease, or other conveyance to a local government would

16  be in the best interests of the state and local government.

17  The provisions of this paragraph in no way limit the

18  provisions of ss. 253.111 and 253.115. Such lands shall be

19  offered to the county or local government for a period of 90

20  days. Permittable uses for such surplus lands may include

21  public schools; public libraries; fire or law enforcement

22  substations; and governmental, judicial, or recreational

23  centers.  County or local government requests for surplus

24  lands shall be expedited throughout the surplusing process.

25  State agencies shall have the subsequent opportunity to

26  acquire the surplus lands for a period not to exceed 30 days

27  after the offer to a county or local government expires.

28  Surplus properties in which governmental agencies have

29  expressed no interest shall then be available for sale on the

30  private market.

31

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  1         (g)  Lands determined to be surplus pursuant to this

  2  subsection shall be sold for fair market value or the price

  3  paid by the state or a water management district to originally

  4  acquire the lands, whichever is greater, except that the price

  5  of lands sold as surplus to any unit of government shall not

  6  exceed the price paid by the state or a water management

  7  district to originally acquire the lands. A unit of government

  8  which acquires title to lands hereunder for less than fair

  9  market value may not sell or transfer title to all or any

10  portion of the lands to any private owner for a period of 10

11  years. Any unit of government seeking to transfer or sell

12  lands pursuant to this paragraph shall first allow the board

13  of trustees to reacquire such lands.  The board of trustees

14  may reacquire such lands for the price at which they sold such

15  lands.

16         (h)  Where a unit of government acquired land by gift,

17  donation, grant, quit-claim deed, or other such conveyance

18  where no monetary consideration was exchanged, the price of

19  land sold as surplus shall not exceed the fair market value of

20  the lands. Fair market value shall be determined by the

21  average of two separate appraisals. The individual or entity

22  requesting the surplus shall select and use appraisers from

23  the list of approved appraisers maintained by the Division of

24  State Lands in accordance with s. 253.025(6)(b). The

25  individual or entity requesting the surplus is to incur all

26  costs of the appraisals.

27         (i)(h)  After reviewing the recommendations of the

28  council or its successor, the board shall determine whether

29  lands identified for surplus are to be held for other public

30  purposes or whether such lands are no longer needed.  The

31

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  1  board may require an agency to release its interest in such

  2  lands.

  3         (j)(i)  Requests for surplusing may be made by any

  4  public or private entity or person.  All requests shall be

  5  submitted to the lead managing agency for review and

  6  recommendation to the council or its successor.  Lead managing

  7  agencies shall have 90 days to review such requests and make

  8  recommendations. Any surplusing requests that have not been

  9  acted upon within the 90-day time period shall be immediately

10  scheduled for hearing at the next regularly scheduled meeting

11  of the council or its successor. Requests for surplusing

12  pursuant to this paragraph shall not be required to be offered

13  to local or state governments as provided in paragraph (f).

14         (k)(j)  Proceeds from any sale of surplus lands

15  pursuant to this subsection shall be deposited into the fund

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

17  which the lands were originally acquired no longer exists,

18  such proceeds shall be deposited into an appropriate account

19  to be used for land management by the lead managing agency

20  assigned the lands prior to the lands being declared surplus

21  for use by the lead managing agency for land management.

22         (l)(k)  Notwithstanding the provisions of this

23  subsection, no such disposition of land shall be made if such

24  disposition would have the effect of causing all or any

25  portion of the interest on any revenue bonds issued to lose

26  the exclusion from gross income for federal income tax

27  purposes.

28         (m)(l)  The sale of filled, formerly submerged land

29  that does not exceed 5 acres in area is not subject to review

30  by the council or its successor.

31

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

  2  the Department of Corrections, the Department of Juvenile

  3  Justice, the Department of Children and Family Services, or

  4  the Department of Education are not shall not be subject to

  5  the provisions for review by the council or its successor

  6  described in subsection (5).  Management plans filed by these

  7  agencies shall be made available to the public for a period of

  8  90 days at the administrative offices of the parcel or project

  9  affected by the management plan and at the Tallahassee offices

10  of each agency. Any plans not objected to during the public

11  comment period shall be deemed approved.  Any plans for which

12  an objection is filed shall be submitted to the Board of

13  Trustees of the Internal Improvement Trust Fund for

14  consideration. The Board of Trustees of the Internal

15  Improvement Trust Fund shall approve the plan with or without

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

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

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

19         (10)  The following additional uses of conservation

20  lands acquired pursuant to the Florida Forever program and

21  other state-funded conservation land purchase programs shall

22  be authorized, upon a finding by the board of trustees, if

23  they meet the criteria specified in paragraphs (a)-(e): water

24  resource development projects, water supply development

25  projects, stormwater management projects, linear facilities,

26  and sustainable agriculture and forestry.  Such additional

27  uses are authorized where:

28         (a)  Not inconsistent with the management plan for such

29  lands;

30         (b)  Compatible with the natural ecosystem and resource

31  values of such lands;

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  1         (c)  The proposed use is appropriately located on such

  2  lands and where due consideration is given to the use of other

  3  available lands;

  4         (d)  The using entity reasonably compensates the

  5  titleholder for such use based upon an appropriate measure of

  6  value; and

  7         (e)  The use is consistent with the public interest.

  8         (11)  The Acquisition and Restoration Council shall

  9  review proposed uses of conservation lands and shall recommend

10  to the board of trustees whether to approve the proposed use

11  as submitted, approve the proposed use with modifications, or

12  reject the proposed use. After reviewing the recommendations

13  of the council, the board of trustees shall decide whether to

14  approve the proposed use as submitted, approve the proposed

15  use with modifications, or reject the proposed use. A decision

16  by the board of trustees pursuant to this section subsection

17  shall be given a presumption of correctness. Moneys received

18  from the use of state lands pursuant to this section

19  subsection shall be returned to the lead managing entity

20  agency in accordance with the provisions of s. 259.032(11)(d).

21         (12)(11)  Lands listed as projects for acquisition may

22  be managed for conservation pursuant to s. 259.032, on an

23  interim basis by a private party in anticipation of a state

24  purchase in accordance with a contractual arrangement between

25  the acquiring agency and the private party that may include

26  management service contracts, leases, cost-share arrangements

27  or resource conservation agreements.  Lands designated as

28  eligible under this subsection shall be managed to maintain or

29  enhance the resources the state is seeking to protect by

30  acquiring the land.  Funding for these contractual

31  arrangements may originate from the documentary stamp tax

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  1  revenue deposited into the Conservation and Recreation Lands

  2  Trust Fund and Water Management Lands Trust Fund.  No more

  3  than 5 percent of funds allocated under the trust funds shall

  4  be expended for this purpose.

  5         (13)(12)  Any lands available to governmental

  6  employees, including water management district employees, for

  7  hunting or other recreational purposes shall also be made

  8  available to the general public for such purposes.

  9         Section 7.  Paragraph (e) of subsection (1) and

10  subsection (7) of section 259.0345, Florida Statutes, are

11  amended to read:

12         259.0345  Florida Forever Advisory Council.--

13         (1)

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

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

16  1999.  Beginning, January 1, 2000, The council shall, at a

17  minimum, meet twice a year.

18         (7)  The council shall provide a report, by December 15

19  November 1, 2000, to the Secretary of Environmental

20  Protection, who shall forward the report to the board of

21  trustees for their approval.  After approval by the board of

22  trustees, the secretary shall forward the approved report to

23  the President of the Senate and the Speaker of the House of

24  Representatives, at least 30 days prior to the beginning of

25  the 2001 Regular Legislative Session, for review by the

26  appropriate substantive legislative committee from which the

27  Florida Forever Act originated, or its successor committees

28  with jurisdiction over the department.  The Legislature may

29  reject, modify, or take no action relative to the goals and

30  performance measures established by the report.  If no action

31  is taken, the goals and performance measures shall be

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  1  implemented.  The report shall meet the following requirements

  2  solely with respect to the funding provided pursuant to s.

  3  259.105(3)(b):

  4         (a)  Establish specific goals for those identified in

  5  s. 259.105(4).

  6         (b)  Provide recommendations expanding or refining the

  7  goals identified in s. 259.105(4).

  8         (c)  Identify specific performance measures that may be

  9  used to analyze progress towards the goals established.

10         (c)  Provide recommendations for the development and

11  identification of performance measures to be used for

12  analyzing the progress made towards the goals established

13  pursuant to s. 259.105(4).

14         (d)  Provide recommendations for the process by which

15  projects are to be submitted, reviewed, and approved by the

16  Acquisition and Restoration Council. The advisory council is

17  to specifically examine ways to streamline the process created

18  by the Florida Forever Act.

19

20  It is recognized that during the development of this report,

21  the council may identify other recommendations concerning the

22  implementation of Florida Forever. These recommendations shall

23  be incorporated in the reports identified in subsection (8).

24         Section 8.  Section 259.035, Florida Statutes, as

25  amended by chapter 99-247, Laws of Florida, is amended to

26  read:

27         259.035  Acquisition and Restoration Council.--

28         (1)  There is created, effective March 1, 2000, the

29  Acquisition and Restoration Council.

30         (a)  The council shall be composed of nine voting

31  members, four of whom shall be appointed by the Governor.

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  1  These four appointees shall be from scientific disciplines

  2  related to land, water, or environmental sciences. They shall

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

  4  staggered terms, two of the appointees shall serve 2-year

  5  terms.  All subsequent appointments shall be for 4-year terms.

  6  No appointee shall serve more than 6 years.  The Governor may

  7  at any time fill a vacancy for the unexpired term of a member

  8  appointed under this paragraph.

  9         (b)  The five remaining appointees shall be composed of

10  the Secretary of Environmental Protection the department, the

11  director of the Division of Forestry of the Department of

12  Agriculture and Consumer Services, the executive director of

13  the Fish and Wildlife Conservation Commission, the director of

14  the Division of Historical Resources of the Department of

15  State, and the Secretary of the Department of Community

16  Affairs, or their respective designees.

17         (c)  The Governor shall appoint the chair of the

18  council, and a vice chair shall be elected from among the

19  members.

20         (d)  The council shall hold periodic meetings at the

21  request of the chair.

22         (e)  The Department of Environmental Protection shall

23  provide primary staff support to the council and shall ensure

24  that council meetings are electronically recorded.  Such

25  recording shall be preserved pursuant to chapters 119 and 257.

26         (f)  The board of trustees department has authority to

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

28  the provisions of this section.

29         (2)  The four members of the council appointed by the

30  Governor shall receive $75 per day while engaged in the

31  business of the council, as well as expenses and per diem for

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  1  travel, including attendance at meetings, as allowed state

  2  officers and employees while in the performance of their

  3  duties, pursuant to s. 112.061.

  4         (3)  The council shall provide assistance to the board

  5  of trustees in reviewing the recommendations and plans for

  6  state-owned lands required under ss. s. 253.034 and 259.032.

  7  The council shall, in reviewing such recommendations and

  8  plans, consider the optimization of multiple-use and

  9  conservation strategies to accomplish the provisions funded

10  pursuant to ss. s. 259.101(3)(a) and 259.105(3)(b). Such funds

11  shall only be used to acquire lands identified in the annual

12  Conservation and Recreation Lands list approved by the board

13  of trustees in the year 2000.

14         (4)  The council may utilize existing rules adopted by

15  the board of trustees until such time that it develops and

16  recommends amendments to such rules to competitively evaluate,

17  select, and rank projects eligible for the Conservation and

18  Recreation Lands list pursuant to ss. 259.032(3) and

19  259.101(4) and, beginning no later than May 1, 2001, for

20  Florida Forever funds pursuant to s. 259.105(3)(b). In

21  developing or amending such rules, the council shall give

22  weight to the criteria included in s. 259.105(9). The board of

23  trustees shall review such recommendations and shall adopt

24  rules necessary to implement this section.

25         (5)  An affirmative vote of five members of the council

26  shall be required to amend a project boundary or to place a

27  proposed project on a list developed pursuant to subsection

28  (4). Any member of the council who by family or a business

29  relationship has a connection with all or a portion of any

30  proposed project shall declare such interest prior to voting

31  for its inclusion on a list.

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  1         (6)  All proposals for projects pursuant to this

  2  section or s. 259.105(3)(b) shall be implemented only if

  3  adopted by the council and approved by the board of trustees.

  4  The council shall consider and evaluate in writing the merits

  5  and demerits of each project that is proposed for Conservation

  6  and Recreation Lands, Florida Preservation 2000, or Florida

  7  Forever funding and shall ensure that each proposed project

  8  will meet a stated public purpose for the restoration,

  9  conservation, or preservation of environmentally sensitive

10  lands and water areas or for providing outdoor recreational

11  opportunities. The council also shall determine if the project

12  conforms, where applicable, with the comprehensive plan

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

14  multipurpose outdoor recreational plan developed pursuant to

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

16  to s. 253.03(7), the water resources work plans developed

17  pursuant to s. 373.199, and the provisions of s. 259.032, s.

18  259.101, or s. 259.105, whichever are applicable.

19         Section 9.  Subsection (3) and paragraphs (f), (g), and

20  (h) of subsection (9) of section 259.101, Florida Statutes,

21  are amended to read:

22         259.101  Florida Preservation 2000 Act.--

23         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

24  costs of issuance, the costs of funding reserve accounts, and

25  other costs with respect to the bonds, the proceeds of bonds

26  issued pursuant to this act shall be deposited into the

27  Florida Preservation 2000 Trust Fund created by s. 375.045.

28  Ten percent of the proceeds of any bonds deposited into the

29  Preservation 2000 Trust Fund shall be distributed by the

30  Department of Environmental Protection to the Department of

31  Environmental Protection for the purchase by the South Florida

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  1  Water Management District of lands in Dade, Broward, and Palm

  2  Beach Counties identified in s. 7, chapter 95-349, Laws of

  3  Florida. This distribution shall apply for any bond issue for

  4  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

  5  $20 million per year from the proceeds of any bonds deposited

  6  into the Florida Preservation 2000 Trust Fund shall be

  7  distributed by the Department of Environmental Protection to

  8  the St. Johns Water Management District for the purchase of

  9  lands necessary to restore Lake Apopka. The remaining proceeds

10  shall be distributed by the Department of Environmental

11  Protection in the following manner:

12         (a)  Fifty percent to the Department of Environmental

13  Protection for the purchase of public lands as described in s.

14  259.032.  Of this 50 percent, at least one-fifth shall be used

15  for the acquisition of coastal lands.

16         (b)  Thirty percent to the Department of Environmental

17  Protection for the purchase of water management lands pursuant

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

19  districts as provided in that section. Funds received by each

20  district may also be used for acquisition of lands necessary

21  to implement surface water improvement and management plans

22  approved in accordance with s. 373.456 or for acquisition of

23  lands necessary to implement the Everglades Construction

24  Project authorized by s. 373.4592.

25         (c)  Ten percent to the Department of Community Affairs

26  to provide land acquisition grants and loans to local

27  governments through the Florida Communities Trust pursuant to

28  part III of chapter 380.  From funds allocated to the trust,

29  $3 million annually shall be used by the Division of State

30  Lands within the Department of Environmental Protection to

31  implement the Green Swamp Land Protection Initiative Authority

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  1  specifically for the purchase of conservation easements

  2  through land protection agreements, as defined in s.

  3  380.0677(4)(5), of lands, or severable interests or rights in

  4  lands, in the Green Swamp Area of Critical State Concern.

  5  From funds allocated to the trust, $3 million annually shall

  6  be used by the Monroe County Comprehensive Plan Land Authority

  7  specifically for the purchase of any real property interest in

  8  either those lands subject to the Rate of Growth Ordinances

  9  adopted by local governments in Monroe County or those lands

10  within the boundary of an approved Conservation and Recreation

11  Lands project located within the Florida Keys or Key West

12  Areas of Critical State Concern; however, title to lands

13  acquired within the boundary of an approved Conservation and

14  Recreation Lands project may, in accordance with an approved

15  joint acquisition agreement, vest in the Board of Trustees of

16  the Internal Improvement Trust Fund.  Of the remaining funds

17  allocated to the trust after the above transfers occur,

18  one-half shall be matched by local governments on a

19  dollar-for-dollar basis.  To the extent allowed by federal

20  requirements for the use of bond proceeds, the trust shall

21  expend Preservation 2000 funds to carry out the purposes of

22  part III of chapter 380.

23         (d)  Two and nine-tenths percent to the Department of

24  Environmental Protection for the purchase of inholdings and

25  additions to state parks. For the purposes of this paragraph,

26  "state park" means all real property in the state under the

27  jurisdiction of the Division of Recreation and Parks of the

28  department, or which may come under its jurisdiction.

29         (e)  Two and nine-tenths percent to the Division of

30  Forestry of the Department of Agriculture and Consumer

31

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  1  Services to fund the acquisition of state forest inholdings

  2  and additions pursuant to s. 589.07.

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

  4  Wildlife Conservation Game and Fresh Water Fish Commission to

  5  fund the acquisition of inholdings and additions to lands

  6  managed by the commission which are important to the

  7  conservation of fish and wildlife.

  8         (g)  One and three-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  trails systems pursuant to chapter 260, including, but not

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

13  National Scenic Trail.

14

15  Local governments may use federal grants or loans, private

16  donations, or environmental mitigation funds, including

17  environmental mitigation funds required pursuant to s.

18  338.250, for any part or all of any local match required for

19  the purposes described in this subsection.  Bond proceeds

20  allocated pursuant to paragraph (c) may be used to purchase

21  lands on the priority lists developed pursuant to s. 259.035.

22  Title to lands purchased pursuant to paragraphs (a), (d), (e),

23  (f), and (g) shall be vested in the Board of Trustees of the

24  Internal Improvement Trust Fund, except that title to lands,

25  or rights or interests therein, acquired by either the

26  Southwest Florida Water Management District or the St. Johns

27  River Water Management District in furtherance of the Green

28  Swamp Land Authority's mission pursuant to s. 380.0677(3),

29  shall be vested in the district where the acquisition project

30  is located.  Title to lands purchased pursuant to paragraph

31  (c) may be vested in the Board of Trustees of the Internal

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  1  Improvement Trust Fund. The board of trustees shall hold title

  2  to land protection agreements and conservation easements that

  3  were or will be acquired pursuant to s. 380.0677, and, except

  4  that title to lands, or rights or interests therein, acquired

  5  by either the Southwest Florida Water Management District and

  6  or the St. Johns River Water Management District shall monitor

  7  such agreements and easements, within their respective

  8  districts, until the state assumes this responsibility. in

  9  furtherance of the Green Swamp Land Authority's mission

10  pursuant to s. 380.0677(3), shall be vested in the district

11  where the acquisition project is located.  This subsection is

12  repealed effective October 1, 2000. Prior to repeal, the

13  Legislature shall review the provisions scheduled for repeal

14  and shall determine whether to reenact or modify the

15  provisions or to take no action.

16         (9)

17         (f)1.  Pursuant to subsection (3) and beginning in

18  fiscal year 1999-2000, that portion of the unencumbered

19  balances of each program described in paragraphs (3)(c), (d),

20  (e), (f), and (g) which has been on deposit in such program's

21  Preservation 2000 account for more than 3 fiscal years shall

22  be redistributed equally to the Department of Environmental

23  Protection, Division of State Lands P2000 sub account for the

24  purchase of State Lands as described in s. 259.032 and Water

25  Management District P2000 sub account for the purchase of

26  Water Management Lands pursuant to ss. 373.456, 373.4592 and

27  373.59. For the purposes of this subsection, the term

28  "unencumbered balances" means the portion of Preservation 2000

29  bond proceeds which is not obligated through the signing of a

30  purchase contract between a public agency and a private

31  landowner, except that the program described in paragraph

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  1  (3)(c) may not lose any portion of its unencumbered funds

  2  which remain unobligated because of extraordinary

  3  circumstances that hampered the affected local governments'

  4  abilities to close on land acquisition projects approved

  5  through the Florida Communities Trust program. Extraordinary

  6  circumstances shall be determined by the Florida Communities

  7  Trust governing body and may include such things as death or

  8  bankruptcy of the owner of property; a change in the land use

  9  designation of the property; natural disasters that affected a

10  local government's ability to consummate the sales contract on

11  such property; or any other condition that the Florida

12  Communities Trust governing board determined to be

13  extraordinary. The portion of the funds redistributed in the

14  Water Management District P2000 sub account shall be

15  distributed to the water management districts as provided in

16  s. 373.59(8).

17         2.  The department and the water management districts

18  may enter into joint acquisition agreements to jointly fund

19  the purchase of lands using alternatives to fee simple

20  techniques.

21         (g)  If the department or any water management district

22  is unable to spend the funds it receives pursuant to paragraph

23  (f) within the same fiscal year, the unspent funds shall be

24  carried forward to the subsequent fiscal year.

25         (h)  This subsection is repealed July 1 of the year

26  following the final authorization of Preservation 2000 bonds.

27         Section 10.  Subsections (3), (7), (9), (14), (16), and

28  (18) of section 259.105, Florida Statutes, are amended,

29  paragraphs (p), (q), (r), and (s) are added to subsection (4),

30  and subsection (20) is added to said section, to read:

31         259.105  The Florida Forever Act.--

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

  2  reserve accounts and other costs associated with bonds, the

  3  proceeds of bonds issued pursuant to this section shall be

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

  5  259.1051. The proceeds shall be distributed by the Department

  6  of Environmental Protection in the following manner:

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

  8  Environmental Protection for the acquisition of lands and

  9  capital project expenditures necessary to implement the water

10  management districts' priority lists developed pursuant to s.

11  373.199.  The funds are to be distributed to the water

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

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

14  life of the Florida Forever program pursuant to this paragraph

15  shall be used for the acquisition of lands.

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

17  Environmental Protection for the acquisition of lands and

18  capital project expenditures described in this section. Of the

19  proceeds distributed pursuant to this paragraph, it is the

20  intent of the Legislature that an increased priority be given

21  to those acquisitions which achieve a combination of

22  conservation goals, including protecting Florida's water

23  resources and natural groundwater recharge. Capital project

24  expenditures may not exceed 10 percent of the funds allocated

25  pursuant to this paragraph.

26         (c)  Twenty-two Twenty-four percent to the Department

27  of Community Affairs for use by the Florida Communities Trust

28  for the purposes of part III of chapter 380, as described and

29  limited by this subsection, and grants to local governments or

30  nonprofit environmental organizations that are tax exempt

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

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  1  for the acquisition of community-based projects, urban open

  2  spaces, parks, and greenways to implement local government

  3  comprehensive plans.  From funds available to the trust, 8

  4  percent shall be transferred annually to the Land Acquisition

  5  Trust Fund for grants pursuant to s. 375.075.  From funds

  6  available to the trust and used for land acquisition, 75

  7  percent shall be matched by local governments on a

  8  dollar-for-dollar basis.  The Legislature intends that the

  9  Florida Communities Trust emphasize funding projects in

10  low-income or otherwise disadvantaged communities.  At least

11  30 Thirty percent of the total allocation provided to the

12  trust shall be used in Standard Metropolitan Statistical

13  Areas, but one-half of that amount shall be used in localities

14  in which the project site is located in built-up commercial,

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

16  open spaces within congested urban core areas.  From funds

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

18  to acquire lands for recreational trail systems, provided that

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

20  they will be available for other trust projects.  Local

21  governments may use federal grants or loans, private

22  donations, or environmental mitigation funds, including

23  environmental mitigation funds required pursuant to s.

24  338.250, for any part or all of any local match required for

25  acquisitions funded through the Florida Communities Trust.

26  Any lands purchased by nonprofit organizations using funds

27  allocated under this paragraph must provide for such lands to

28  remain permanently in public use through a reversion of title

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

30  appropriate mechanism.  Projects funded with funds allocated

31

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  1  to the Trust shall be selected in a competitive process

  2  measured against criteria adopted in rule by the Trust.

  3         (d)  Two percent to the Land Acquisition Trust Fund for

  4  use by the Department of Environmental Protection for grants

  5  pursuant to s. 375.075.

  6         (e)(d)  One and five-tenths percent to the Department

  7  of Environmental Protection for the purchase of inholdings and

  8  additions to state parks and for capital project expenditures

  9  as described in this section. Capital project expenditures may

10  not exceed 10 percent of the funds allocated under this

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

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

13  jurisdiction of the Division of Recreation and Parks of the

14  department, or which may come under its jurisdiction.

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

16  Forestry of the Department of Agriculture and Consumer

17  Services to fund the acquisition of state forest inholdings

18  and additions pursuant to s. 589.07 and the implementation of

19  reforestation plans or sustainable forestry management

20  practices, and for capital project expenditures as described

21  in this section. Capital project expenditures may not exceed

22  10 percent of the funds allocated under this paragraph.

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

24  Wildlife Conservation Commission to fund the acquisition of

25  inholdings and additions to lands managed by the commission

26  which are important to the conservation of fish and wildlife,

27  and for capital project expenditures as described in this

28  section.  Capital project expenditures may not exceed 10

29  percent of the funds allocated under this paragraph.

30         (h)(g)  One and five-tenths percent to the Department

31  of Environmental Protection for the Florida Greenways and

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  1  Trails Program, to acquire greenways and trails or greenways

  2  and trail systems pursuant to chapter 260, including, but not

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

  4  National Scenic Trail, and for capital project expenditures as

  5  described in this section.  Capital project expenditures may

  6  not exceed 10 percent of the funds allocated under this

  7  paragraph.

  8         (i)(h)  For the purposes of paragraphs (d), (e), (f),

  9  (g), and (h) (g), the agencies which receive the funds shall

10  develop their individual acquisition or restoration lists.

11  Proposed additions may be acquired if they are identified

12  within the original project boundary, the management plan

13  required pursuant to s. 253.034(5), or the management

14  prospectus required pursuant to s. 259.032(9)(d). Proposed

15  additions not meeting the requirements of this paragraph shall

16  be submitted to the Acquisition and Restoration Council for

17  approval.  The council may only approve the proposed addition

18  if it meets two or more of the following criteria: serves as a

19  link or corridor to other publicly owned property; enhances

20  the protection or management of the property; would add a

21  desirable resource to the property; would create a more

22  manageable boundary configuration; has a high resource value

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

24  less than fair market value.

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

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

27  contribute to the achievement of the following goals:

28         (p)  Ensure that sufficient quantities of water are

29  available to meet current and future needs of the natural

30  system and citizens of the state, as measured by

31  implementation of the water resource development component of

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  1  the district water management plan developed pursuant to s.

  2  373.036 or the appropriate regional water supply plan

  3  developed pursuant to s. 373.0361.

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

  5  and archaeological sites as measured by the number of sites

  6  acquired.

  7         (r)  An increase in the protection of fragile coastal

  8  resources, as measured by the linear feet and acreage of

  9  coastline acquired.

10         (s)  An increase in the protection of significant

11  surface waters of the state, as measured by the acreage of

12  lands acquired to buffer them.

13         (7)(a)  Beginning no later than July 1, 2001 2000, and

14  every year thereafter, the Acquisition and Restoration Council

15  shall accept applications from state agencies, local

16  governments, nonprofit and for-profit organizations, private

17  land trusts, and individuals for project proposals eligible

18  for funding pursuant to paragraph (3)(b). The council shall

19  evaluate the proposals received pursuant to this subsection to

20  ensure that they meet at least one of the criteria under

21  subsection (9).

22         (b)  Project applications shall contain, at a minimum,

23  the following:

24         1.  A minimum of two numeric performance measures that

25  directly relate to the overall goals adopted by the council.

26  Each performance measure shall include a baseline measurement,

27  which is the current situation; a performance standard which

28  the project sponsor anticipates the project will achieve; and

29  the performance measurement itself, which should reflect the

30  incremental improvements the project accomplishes towards

31  achieving the performance standard.

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  1         2.  Proof that property owners within any proposed

  2  acquisition have been notified of their inclusion in the

  3  proposed project.  Any property owner may request the removal

  4  of such property from further consideration by submitting a

  5  request to the project sponsor or the Acquisition and

  6  Restoration Council by certified mail. Upon receiving this

  7  request, the council shall delete the property from the

  8  proposed project; however, the board of trustees, at the time

  9  it votes to approve the proposed project lists pursuant to

10  subsection (16), may add the property back on to the project

11  lists if it determines by a super majority of its members that

12  such property is critical to achieve the purposes of the

13  project.

14         (c)  The title to lands acquired under this section

15  shall vest in the Board of Trustees of the Internal

16  Improvement Trust Fund, except that title to lands acquired by

17  a water management district shall vest in the name of that

18  district and lands acquired by a local government shall vest

19  in the name of the purchasing local government.

20         (9)  The Acquisition and Restoration Council shall

21  recommend rules for adoption by the board of trustees develop

22  a rule to competitively evaluate, select, and rank projects

23  eligible for Florida Forever funds pursuant to paragraph

24  (3)(b) and for additions to the Conservation and Recreation

25  Lands list pursuant to ss. 259.032(3) and 259.101(4).  In

26  developing these proposed rules, this rule the Acquisition and

27  Restoration Council shall give weight to the following

28  criteria:

29         (a)  The project meets multiple goals described in

30  subsection (4).

31

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  1         (b)  The project is part of an ongoing governmental

  2  effort to restore, protect, or develop land areas or water

  3  resources.

  4         (c)  The project enhances or facilitates management of

  5  properties already under public ownership.

  6         (d)  The project has significant archaeological or

  7  historic value.

  8         (e)  The project has funding sources that are

  9  identified and assured through at least the first 2 years of

10  the project.

11         (f)  The project contributes to the solution of water

12  resource problems on a regional basis.

13         (g)  The project has a significant portion of its land

14  area in imminent danger of development, in imminent danger of

15  losing its significant natural attributes or recreational open

16  space, or in imminent danger of subdivision which would result

17  in multiple ownership and make acquisition of the project

18  costly or less likely to be accomplished.

19         (h)  The project implements an element from a plan

20  developed by an ecosystem management team.

21         (i)  The project is one of the components of the

22  Everglades restoration effort.

23         (j)  The project may be purchased at 80 percent of

24  appraised value.

25         (k)  The project may be acquired, in whole or in part,

26  using alternatives to fee simple, including but not limited

27  to, purchase of development rights, hunting rights,

28  agricultural or silvicultural rights, or mineral rights;

29  obtaining conservation easements or flowage easements; or use

30  of land protection agreements as defined in s. 380.0677(5).

31

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  1         (l)  The project is a joint acquisition, either among

  2  public agencies, nonprofit organizations, or private entities,

  3  or by a public-private partnership.

  4         (14)  Each year that bonds are to be issued pursuant to

  5  this section, the Acquisition and Restoration Council shall

  6  review the most current that year's approved project list and

  7  shall, by the first board meeting in May, present to the Board

  8  of Trustees of the Internal Improvement Trust Fund for

  9  approval a listing of projects developed pursuant to

10  subsection (8). The board of trustees may remove projects from

11  the list developed pursuant to this subsection, but may not

12  add projects or rearrange project rankings.

13         (16)  All proposals for projects pursuant to paragraph

14  (3)(b) or subsection (20) shall be implemented only if adopted

15  by the Acquisition and Restoration Council and approved by the

16  board of trustees.  The council shall consider and evaluate in

17  writing the merits and demerits of each project that is

18  proposed for Florida Forever funding and each proposed

19  addition to the Conservation and Recreation Lands list

20  program. The council shall ensure that each proposed Florida

21  Forever project will meet a stated public purpose for the

22  restoration, conservation, or preservation of environmentally

23  sensitive lands and water areas or for providing outdoor

24  recreational opportunities and that each proposed addition to

25  the Conservation and Recreation Lands list will meet the

26  public purposes under s. 259.032(3) and, when applicable, s.

27  259.101(4).  The council also shall determine if the project

28  or addition conforms, where applicable, with the comprehensive

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

30  multipurpose outdoor recreation plan developed pursuant to s.

31  375.021, the state lands management plan adopted pursuant to

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  1  s. 253.03(7), the water resources work plans developed

  2  pursuant to s. 373.199, and the provisions of this section.

  3         (18)  The Acquisition and Restoration Council shall may

  4  recommend adoption of rules by the board of trustees necessary

  5  to implement the provisions of this section relating to:

  6  solicitation, scoring, selecting, and ranking of Florida

  7  Forever project proposals; disposing of or leasing lands or

  8  water areas selected for funding through the Florida Forever

  9  program; and the process of reviewing and recommending for

10  approval or rejection the land management plans associated

11  with publicly owned properties. Rules promulgated pursuant to

12  this subsection shall be submitted to the President of the

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

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

15  2001 2000 Regular Session and shall become effective only

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

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

18  board of trustees council shall conform such rules to changes

19  made by the Legislature, or, if no action was taken by the

20  Legislature, such rules shall become effective.

21         (20)  The Acquisition and Restoration Council, as

22  successors to the Land Acquisition and Management Advisory

23  Council, shall have the authority to amend existing

24  Conservation and Recreation Lands projects and to add to or

25  delete from the year 2000 Conservation and Recreation Lands

26  list until funding for the Conservation and Recreation Lands

27  program has been expended.  Such amendments to the year 2000

28  Conservation and Recreation Lands list shall be reported to

29  the board of trustees in conjunction with the council's report

30  developed pursuant to subsection (15).

31

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  1         Section 11.  Section 260.018, Florida Statutes, is

  2  amended to read:

  3         260.018  Agency recognition.--All agencies of the

  4  state, regional planning councils through their comprehensive

  5  plans, and local governments through their local comprehensive

  6  planning process pursuant to chapter 163 shall recognize the

  7  special character of publicly owned lands and waters

  8  designated by the state as greenways and trails and shall not

  9  take any action which will impair their use as designated.

10  Identification of lands or waterways in planning materials,

11  maps, data, and other information developed or used in the

12  greenways and trails program shall not be cause for such lands

13  or waterways to be subject to this section, unless such lands

14  or waterways have been designated as a part of the statewide

15  system of or greenways and trails pursuant to s.

16  260.016(2)(d).

17         Section 12.  Subsections (2) and (3) of section

18  373.139, Florida Statutes, are amended to read:

19         373.139  Acquisition of real property.--

20         (2)  The governing board of the district is empowered

21  and authorized to acquire in fee or less than fee title to

22  real property, and easements therein, by purchase, gift,

23  devise, lease, eminent domain, or otherwise for flood control,

24  water storage, water management, conservation and protection

25  of water resources, aquifer recharge, water resource and water

26  supply development, and preservation of wetlands, streams, and

27  lakes. Eminent domain powers may be used only for acquiring

28  real property for flood control and water storage or for

29  curing title defects or encumbrances to real property to be

30  acquired from a willing seller.

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  1         (3)  The initial 5-year work plan and any subsequent

  2  modifications or additions thereto shall be adopted by each

  3  water management district after a public hearing. Each water

  4  management district shall provide at least 14 days' advance

  5  notice of the hearing date and shall provide separate notice

  6  of the hearing date to each county commission within which a

  7  proposed work plan project or project modification or addition

  8  is located.

  9         (a)  No acquisition of lands shall occur without a

10  public hearing similar to those held pursuant to the

11  provisions set forth in s. 120.54.

12         (a)(b)  Title information, appraisal reports, offers,

13  and counteroffers are confidential and exempt from the

14  provisions of s. 119.07(1) until an option contract is

15  executed or, if no option contract is executed, until 30 days

16  before a contract or agreement for purchase is considered for

17  approval by the governing board.  However, each district shall

18  may, at its discretion, disclose appraisal reports to private

19  landowners during negotiations for acquisitions using

20  alternatives to fee simple techniques, if the district

21  determines that disclosure of such reports will bring the

22  proposed acquisition to closure. In the event that negotiation

23  is terminated by the district, the title information,

24  appraisal report, offers, and counteroffers shall become

25  available pursuant to s. 119.07(1). Notwithstanding the

26  provisions of this section and s. 259.041, a district and the

27  Division of State Lands may share and disclose title

28  information, appraisal reports, appraisal information, offers,

29  and counteroffers when joint acquisition of property is

30  contemplated. A district and the Division of State Lands shall

31  maintain the confidentiality of such title information,

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  1  appraisal reports, appraisal information, offers, and

  2  counteroffers in conformance with this section and s. 259.041,

  3  except in those cases in which a district has disclosed and

  4  the division have exercised discretion to disclose such

  5  information.

  6         (b)(c)  The Secretary of Environmental Protection shall

  7  release moneys from the appropriate account or trust fund to a

  8  district for preacquisition costs within 30 days after receipt

  9  of a resolution adopted by the district's governing board

10  which identifies and justifies any such preacquisition costs

11  necessary for the purchase of any lands listed in the

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

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

14  resolution, and the department shall deposit the unused funds

15  into the appropriate account or trust fund.

16         (c)(d)  The Secretary of Environmental Protection shall

17  release acquisition moneys from the appropriate account or

18  trust fund to a district following receipt of a resolution

19  adopted by the governing board identifying the lands being

20  acquired and certifying that such acquisition is consistent

21  with the 5-year work plan of acquisition and other provisions

22  of this section. The governing board also shall provide to the

23  Secretary of Environmental Protection a copy of all certified

24  appraisals used to determine the value of the land to be

25  purchased.  Each parcel to be acquired must have at least one

26  appraisal.  Two appraisals are required when the estimated

27  value of the parcel exceeds $500,000.  However, when both

28  appraisals exceed $500,000 and differ significantly, a third

29  appraisal may be obtained.  If the purchase price is greater

30  than the appraisal price, the governing board shall submit

31  written justification for the increased price.  The Secretary

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  1  of Environmental Protection may withhold moneys for any

  2  purchase that is not consistent with the 5-year plan or the

  3  intent of this section or that is in excess of appraised

  4  value.  The governing board may appeal any denial to the Land

  5  and Water Adjudicatory Commission pursuant to s. 373.114.

  6         Section 13.  Paragraph (c) of subsection (1) of section

  7  373.1391, Florida Statutes, is amended to read:

  8         373.1391  Management of real property.--

  9         (1)

10         (c)  In developing or reviewing land management plans

11  should a dispute arise that cannot be resolved by the water

12  management districts, that issue shall be forwarded to the

13  Secretary of Environmental Protection who shall submit it to

14  the Acquisition and Restoration Florida Forever Advisory

15  Council.

16         Section 14.  Paragraph (a) of subsection (3) and

17  subsection (7) of section 373.199, Florida Statutes, are

18  amended to read:

19         373.199  Florida Forever Water Management District Work

20  Plan.--

21         (3)  In developing the list, each water management

22  district shall:

23         (a)  Integrate its existing surface water improvement

24  and management plans, Save Our Rivers land acquisition lists,

25  stormwater management projects, proposed water resource

26  development projects, proposed water body restoration

27  projects, proposed capital improvement projects necessary to

28  promote reuse, reclamation, storage, or recovery of water, and

29  other properties or activities that would assist in meeting

30  the goals of Florida Forever.

31

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  1         (7)  By January 1, 2001 of each year, each district

  2  shall file with the President of the Senate, the Speaker of

  3  the House of Representatives, Legislature and the Secretary of

  4  Environmental Protection the initial 5-year work plan as

  5  required pursuant to subsection (2). By January 1 of each year

  6  thereafter, each district shall file with the President of the

  7  Senate, the Speaker of the House of Representatives, and the

  8  Secretary of Environmental Protection a report of acquisitions

  9  completed during the year together with modifications or

10  additions to its 5-year work plan. Included in the report

11  shall be:

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

13  property or project area owned by the water management

14  district.

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

16  compensation received.

17         (c)  The progress of funding, staffing, and resource

18  management of every project funded pursuant to s. 259.101, s.

19  259.105, or s. 373.59, for which the district is responsible.

20

21  The secretary shall submit the report required pursuant to

22  this subsection to the Board of Trustees of the Internal

23  Improvement Trust Fund together along with the Acquisition and

24  Restoration Council's project list as the Florida Forever

25  report required under s. 259.105.

26         Section 15.  Section 373.1995, Florida Statutes, is

27  created to read:

28         373.1995  Florida Forever performance measures.--The

29  five water management districts shall jointly provide a report

30  by December 15, 2000, to the Secretary of Environmental

31  Protection, which shall establish specific goals and

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  1  performance measures that may be used to analyze activities

  2  funded pursuant to s. 259.105(3)(a). The report shall, at a

  3  minimum, be based on those goals and performance measures

  4  identified in s. 259.105(4). The secretary shall forward the

  5  report to the Board of Trustees of the Internal Improvement

  6  Trust Fund for their approval. After approval by the board of

  7  trustees, the secretary shall forward the approved report to

  8  the President of the Senate and the Speaker of the House of

  9  Representatives, prior to the beginning of the 2001 Regular

10  Legislative Session, for review by the substantive legislative

11  committee from which the Florida Forever Act originated, or

12  its successor. The Legislature may reject, modify, or take no

13  action relative to the goals and performance measures

14  established by the report. If no action is taken, the goals

15  and performance measures established in the report shall be

16  implemented.

17         Section 16.  Subsection (1) and paragraphs (a) and (b)

18  of subsection (10) of section 373.59, Florida Statutes, are

19  amended, and paragraph (g) is added to subsection (10) of said

20  section, to read:

21         373.59  Water Management Lands Trust Fund.--

22         (1)  There is established within the Department of

23  Environmental Protection the Water Management Lands Trust Fund

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

25  section. The moneys in this fund are hereby continually

26  appropriated for the purposes of land acquisition, management,

27  maintenance, capital improvements of land titled to the

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

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

30  after July 1, 1999, that are issued to refund bonds or

31  refunding bonds issued prior to July 1, 1999, preacquisition

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  1  costs associated with land purchases, and the department's

  2  costs of administration of the fund.  The department's costs

  3  of administration shall be charged proportionally against each

  4  district's allocation using the formula provided in subsection

  5  (8).  Capital improvements shall include, but need not be

  6  limited to, perimeter fencing, signs, firelanes, control of

  7  invasive exotic species, controlled burning, habitat inventory

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

  9  minimal public accommodations, such as primitive campsites,

10  garbage receptacles, and toilets.

11         (10)(a)  Beginning July 1, 1999, not more than

12  one-fourth of the land management funds provided for in

13  subsections (1) and (8) in any year shall be reserved annually

14  by a governing board, during the development of its annual

15  operating budget, for payments in lieu of taxes for all actual

16  tax losses incurred as a result of governing board

17  acquisitions for water management districts pursuant to ss.

18  259.101, 259.105, and 373.59 under the Florida Forever program

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

20  of taxes in any year shall revert to the Water Management

21  Lands Trust Fund to be used in accordance with the provisions

22  of this section.

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

24         1.  To all counties that have a population of 150,000

25  or less and in which the amount of tax loss from all completed

26  Preservation 2000 and Florida Forever acquisitions in the

27  county exceeds 0.01 percent of the county's total taxable

28  value. Population levels shall be determined pursuant to s.

29  11.031.

30

31

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  1         2.  To all local governments located in eligible

  2  counties and whose lands are bought and taken off the tax

  3  rolls.

  4

  5  For the purposes of this subsection, "local government"

  6  includes municipalities, the county school board, mosquito

  7  control districts, and any other local government entity which

  8  levies ad valorem taxes.

  9         (g)  The districts are authorized to make retroactive

10  payments to counties and local governments that did not

11  receive payments in lieu of taxes for lands purchased pursuant

12  to ss. 259.101 and 373.59 during fiscal year 1999-2000 if such

13  counties and local governments would have received said

14  payments pursuant to ss. 259.032(12) and 373.59.

15         Section 17.  Subsection (1) of section 375.075, Florida

16  Statutes, is amended to read:

17         375.075  Outdoor recreation; financial assistance to

18  local governments.--

19         (1)  The Department of Environmental Protection is

20  authorized, pursuant to s. 370.023, to establish the Florida

21  Recreation Development Assistance Program to provide grants to

22  qualified local governmental entities to acquire or develop

23  land for public outdoor recreation purposes. To the extent not

24  needed for debt service on bonds issued pursuant to s.

25  375.051, each fiscal year through fiscal year 2000-2001, the

26  department shall develop and plan a program which shall be

27  based upon funding of not less than 5 percent of the money

28  credited to the Land Acquisition Trust Fund pursuant to s.

29  201.15(2) and (3) in that year. Beginning fiscal year

30  2001-2002, the department shall develop and plan a program

31  which shall be based upon the cumulative total of funding

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  1  provided from this section and from the Florida Forever Trust

  2  Fund pursuant to s. 259.105(3)(c).

  3         Section 18.  Subsection (11) of section 380.507,

  4  Florida Statutes, is amended to read:

  5         380.507  Powers of the trust.--The trust shall have all

  6  the powers necessary or convenient to carry out the purposes

  7  and provisions of this part, including:

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

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

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

11  adopt rules governing the acquisition of lands by local

12  governments or the trust using proceeds from the Preservation

13  2000 Trust Fund and the Florida Forever Trust Fund, consistent

14  with the intent expressed in the Florida Forever Act. Such

15  rules for land acquisition must include, but are not limited

16  to, procedures for appraisals and confidentiality consistent

17  with ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a

18  method of determining a maximum purchase price, and procedures

19  to assure that the land is acquired in a voluntarily

20  negotiated transaction, surveyed, conveyed with marketable

21  title, and examined for hazardous materials contamination.

22  Land acquisition procedures of a local land authority created

23  pursuant to s. 380.0663 or s. 380.0677 may be used for the

24  land acquisition programs described by ss. 259.101(3)(c) and

25  259.105 if within areas of critical state concern designated

26  pursuant to s. 380.05, subject to approval of the trust.

27         Section 19.  Beginning in fiscal year 2000-2001, funds

28  from the Water Management Lands Trust Fund shall not be used

29  to fund the expenses of the Florida Forever Advisory Council.

30         Section 20.  Subsection (9) of section 211.3103,

31  Florida Statutes, is repealed.

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  1         Section 21.  Except as otherwise provided herein, this

  2  act shall take effect upon becoming a law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Revises and clarifies various provisions of the Florida
  7    Statutes to conform to enactment of the Florida Forever
      Act. Revises various provisions relating to other land
  8    acquisition programs.

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