House Bill 2403e1

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                                          HB 2403, First Engrossed



  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. 163.01,

14         F.S.; revising provisions which authorize a

15         separate legal entity created to administer an

16         interlocal agreement and controlled by counties

17         or municipalities, or a combination thereof, to

18         issue bonds to finance capital projects, and

19         which provide powers and duties with respect

20         thereto, to include such entities controlled by

21         independent special districts or by independent

22         special districts in combination with counties

23         and municipalities; revising provisions which

24         extend certain privileges, immunities,

25         exemptions, and benefits to such entities

26         controlled by municipalities or counties and

27         their officers, agents, and employees, to

28         include such entities controlled by independent

29         special districts and their officers, agents,

30         and employees; amending s. 253.03, F.S.;

31         revising leasing and permitting requirements


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                                          HB 2403, First Engrossed



  1         for structures built in certain conservation

  2         areas; providing for imposition of reasonable

  3         conditions by the Department of Environmental

  4         Protection or a water management district;

  5         providing notification requirements for

  6         landowners of structures on privately owned

  7         lands; providing that noncompliance with lease

  8         or permit conditions subjects a structure to

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

10         reports of entities managing Conservation and

11         Recreation Lands; revising payment in lieu of

12         taxes requirements; amending s. 253.034, F.S.,

13         relating to state-owned lands; requiring the

14         Board of Trustees of the Internal Improvement

15         Trust Fund to adopt certain rules; modifying

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

17         revising provisions relating to management

18         agreements and management plans; providing that

19         certain lands acquired by the state are not

20         purchased for conservation purposes; providing

21         requirements regarding the sale of certain

22         surplus lands; providing procedure relating to

23         review and recommendation to the board of

24         trustees of proposed uses of conservation

25         lands; correcting cross references; amending s.

26         259.0345, F.S.; revising reporting requirements

27         of the Florida Forever Advisory Council;

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

29         required procedures of the Acquisition and

30         Restoration Council relating to selection of

31         Conservation and Recreation Lands, Florida


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                                          HB 2403, First Engrossed



  1         Preservation 2000, and Florida Forever

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

  3         to Florida Preservation 2000; conforming

  4         language and references; deleting repealer date

  5         and legislative review requirement; deleting

  6         requirement to redistribute unencumbered

  7         balances; removing requirement that the

  8         Department of Environmental Protection or the

  9         water management districts shall carry over

10         unspent funds to the subsequent fiscal year;

11         deleting provisions that repeal Preservation

12         2000 allocation of bond proceeds to certain

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

14         to the Florida Forever Act; revising amount of

15         distribution of bond proceeds to the Department

16         of Community Affairs; providing that a certain

17         sum be retained by the Department of

18         Environmental Protection; providing additional

19         goals for funded projects or acquisitions;

20         postponing beginning date for project

21         applications; revising provisions relating to

22         selection of Florida Forever and Conservation

23         and Recreation Lands projects; providing for

24         authority of the Acquisition and Restoration

25         Council as successor to the Land Acquisition

26         and Management Advisory Council; amending s.

27         260.018, F.S., relating to agency recognition

28         of the statewide system of greenways and

29         trails; amending s. 373.139, F.S.; revising

30         provisions relating to public hearings, and

31         notice thereof, for water management district


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                                          HB 2403, First Engrossed



  1         acquisition of real property; requiring certain

  2         disclosure of appraisals; amending s. 373.1391,

  3         F.S.; providing that the Acquisition and

  4         Restoration Council, rather than the Florida

  5         Forever Advisory Council, is to review water

  6         management district disputes; amending s.

  7         373.199, F.S.; revising water management

  8         district responsibilities regarding the Florida

  9         Forever water management district work plans;

10         postponing due date for the initial 5-year work

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

12         joint report by the water management districts

13         establishing goals and performance measures for

14         Florida Forever funding of district priority

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

16         the Water Management Lands Trust Fund to pay

17         debt service on certain bonds; revising

18         provisions relating to payment in lieu of

19         taxes; amending s. 375.075, F.S., relating to

20         financial assistance to local governments for

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

22         clarifying rulemaking authority of the Florida

23         Communities Trust; providing a restriction on

24         use of the Water Management Lands Trust Fund;

25         amending 380.510(7), F.S.; relating to the uses

26         of Florida Forever funds; repealing s.

27         211.3103(9), F.S., relating to property

28         donations by solid minerals producers, which

29         impact the proceeds of phosphate severance

30         taxes returned to a county; providing an

31         appropriation; amending s. 373.1501, F.S.;


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                                          HB 2403, First Engrossed



  1         providing definitions; providing for

  2         acquisition of certain lands by eminent domain

  3         by the South Florida Water Management District;

  4         providing effective dates.

  5

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

  7

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

  9  201.15, Florida Statutes, is amended to read:

10         201.15  Distribution of taxes collected.--All taxes

11  collected under this chapter shall be distributed as follows

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

13  215.20(1), except that such service charge shall not be levied

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

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

16  required to pay any amounts relating to the bonds:

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

18  the remaining taxes collected under this chapter shall be used

19  for the following purposes:

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

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

22  obligations, or other amounts payable with respect to

23  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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

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

27  amount transferred to the Land Acquisition Trust Fund for such

28  purposes shall not exceed $300 million in fiscal year

29  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

31  fiscal year 2000-2001 and thereafter for Florida Forever


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                                          HB 2403, First Engrossed



  1  bonds. The annual amount transferred to the Land Acquisition

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

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

  4  The limitation on the amount transferred shall be increased by

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

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

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

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

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

10  31, 2030. Except for bonds issued to refund previously issued

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

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

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

14  bonds are issued such bonds is specifically appropriated in

15  the General Appropriations Act. For purposes of refunding

16  Preservation 2000 bonds, amounts designated within this

17  section for Preservation 2000 and Florida Forever bonds may be

18  transferred between the two programs to the extent provided

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

20  The Preservation 2000 bonds and Florida Forever bonds shall be

21  equally and ratably secured by moneys distributable to the

22  Land Acquisition Trust Fund pursuant to this section, except

23  to the extent specifically provided otherwise by the documents

24  authorizing the issuance of the bonds. No moneys transferred

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

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

27  debt service on the Save Our Coast revenue bonds.

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

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

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

31  amended to read:


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                                          HB 2403, First Engrossed



  1         201.15  Distribution of taxes collected.--All taxes

  2  collected under this chapter shall be distributed as follows

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

  4  215.20(1), except that such service charge shall not be levied

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

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

  7  required to pay any amounts relating to the bonds:

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

  9  the remaining taxes collected under this chapter shall be used

10  for the following purposes:

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

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

13  obligations, or other amounts payable with respect to

14  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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

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

18  amount transferred to the Land Acquisition Trust Fund for such

19  purposes shall not exceed $300 million in fiscal year

20  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

22  fiscal year 2000-2001 and thereafter for Florida Forever

23  bonds. The annual amount transferred to the Land Acquisition

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

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

26  The limitation on the amount transferred shall be increased by

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

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

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

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

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


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                                          HB 2403, First Engrossed



  1  31, 2030. Except for bonds issued to refund previously issued

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

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

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

  5  bonds are issued such bonds is specifically appropriated in

  6  the General Appropriations Act. For purposes of refunding

  7  Preservation 2000 bonds, amounts designated within this

  8  section for Preservation 2000 and Florida Forever bonds may be

  9  transferred between the two programs to the extent provided

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

11  The Preservation 2000 bonds and Florida Forever bonds shall be

12  equally and ratably secured by moneys distributable to the

13  Land Acquisition Trust Fund pursuant to this section, except

14  to the extent specifically provided otherwise by the documents

15  authorizing the issuance of the bonds. No moneys transferred

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

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

18  debt service on the Save Our Coast revenue bonds.

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

20  collected under this chapter shall be paid into the State

21  Treasury and divided equally to the credit of the Department

22  of Environmental Protection Water Quality Assurance Grants and

23  Donations Trust Fund to address water quality impacts

24  associated with nonagricultural nonpoint sources and to the

25  credit of the Department of Agriculture and Consumer Services

26  General Inspection Trust Fund to address water quality impacts

27  associated with agricultural nonpoint sources, respectively.

28  These funds shall be used for research, development,

29  demonstration, and implementation of suitable best management

30  practices or other measures used to achieve water quality

31  standards in surface waters and water segments identified


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                                          HB 2403, First Engrossed



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

  2  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

  3  management practices and other measures may include cost-share

  4  grants, technical assistance, implementation tracking, and

  5  conservation leases or other agreements for water quality

  6  improvement. The unobligated balance of funds received from

  7  the distribution of taxes collected under this chapter to

  8  address water quality impacts associated with nonagricultural

  9  nonpoint sources shall be excluded when calculating the

10  unobligated balance of the Water Quality Assurance Trust Fund

11  as it relates to the determination of the applicable excise

12  tax rate.

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

14  Statutes, is amended to read:

15         215.618  Bonds for acquisition and improvement of land,

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

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

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

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

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

21  for the purposes of restoration, conservation, recreation,

22  water resource development, or historical preservation, and

23  for capital improvements to lands and water areas that

24  accomplish environmental restoration, enhance public access

25  and recreational enjoyment, promote long-term management

26  goals, and facilitate water resource development is hereby

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

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

29  Florida Forever bonds may also be issued to refund

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

31  billion limitation on the issuance of Florida Forever bonds


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                                          HB 2403, First Engrossed



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

  2  of Florida Forever bonds issued may not exceed 20 annual

  3  maturities. Preservation 2000 bonds and Florida Forever bonds

  4  shall be equally and ratably secured by moneys distributable

  5  to the Land Acquisition Trust Fund pursuant to s.

  6  201.15(1)(a), except to the extent specifically provided

  7  otherwise by the documents authorizing the issuance of the

  8  bonds.

  9         Section 4.  Paragraph (d) of subsection (7) and

10  paragraph (c) of subsection (9) of section 163.01, Florida

11  Statutes, are amended to read:

12         163.01  Florida Interlocal Cooperation Act of 1969.--

13         (7)

14         (d)  Notwithstanding the provisions of paragraph (c),

15  any separate legal entity created pursuant to this section and

16  controlled by the municipalities, or counties, or independent

17  special districts of this state or by any combination of one

18  or more municipality, and one or more county, and one or more

19  independent special district of this state, the membership of

20  which consists or is to consist of municipalities only,

21  counties only, independent special districts only, or any

22  combination of one or more municipality, and one or more

23  county, and one or more independent special district, may, for

24  the purpose of financing or refinancing any capital projects,

25  exercise all powers in connection with the authorization,

26  issuance, and sale of bonds. Notwithstanding any limitations

27  provided in this section, all of the privileges, benefits,

28  powers, and terms of part I of chapter 125, part II of chapter

29  166, and part I of chapter 159 shall be fully applicable to

30  any such entity controlled by municipalities or counties or by

31  one or more municipalities and counties. Notwithstanding any


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                                          HB 2403, First Engrossed



  1  limitations provided in this section, all of the privileges,

  2  benefits, powers, and terms of any applicable law relating to

  3  independent special districts shall be applicable to any such

  4  entity controlled by independent special districts. Bonds

  5  issued by such entity shall be deemed issued on behalf of the

  6  counties, or municipalities, or independent special districts

  7  which enter into loan agreements with such entity as provided

  8  in this paragraph.  Any loan agreement executed pursuant to a

  9  program of such entity shall be governed by the provisions of

10  part I of chapter 159 or, in the case of counties, part I of

11  chapter 125, or in the case of municipalities and charter

12  counties, part II of chapter 166, or in the case of

13  independent special districts, any other applicable law.

14  Proceeds of bonds issued by such entity may be loaned to

15  counties, or municipalities, or independent special districts,

16  of this state or any a combination of municipalities, and

17  counties, and independent special districts, whether or not

18  such counties, or municipalities, or independent special

19  districts are also members of the entity issuing the bonds.

20  The issuance of bonds by such entity to fund a loan program to

21  make loans to municipalities, or counties, or independent

22  special districts or any a combination of municipalities, and

23  counties, and independent special districts with one another

24  for capital projects to be identified subsequent to the

25  issuance of the bonds to fund such loan programs is deemed to

26  be a paramount public purpose.  Any entity so created may also

27  issue bond anticipation notes, as provided by s. 215.431, in

28  connection with the authorization, issuance, and sale of such

29  bonds.  In addition, the governing body of such legal entity

30  may also authorize bonds to be issued and sold from time to

31  time and may delegate, to such officer, official, or agent of


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                                          HB 2403, First Engrossed



  1  such legal entity as the governing body of such legal entity

  2  may select, the power to determine the time; manner of sale,

  3  public or private; maturities; rate or rates of interest,

  4  which may be fixed or may vary at such time or times and in

  5  accordance with a specified formula or method of

  6  determination; and other terms and conditions as may be deemed

  7  appropriate by the officer, official, or agent so designated

  8  by the governing body of such legal entity.  However, the

  9  amounts and maturities of such bonds and the interest rate or

10  rates of such bonds shall be within the limits prescribed by

11  the governing body of such legal entity and its resolution

12  delegating to such officer, official, or agent the power to

13  authorize the issuance and sale of such bonds.  A local

14  government self-insurance fund established under this section

15  may financially guarantee bonds or bond anticipation notes

16  issued or loans made under this subsection.  Bonds issued

17  pursuant to this paragraph may be validated as provided in

18  chapter 75.  The complaint in any action to validate such

19  bonds shall be filed only in the Circuit Court for Leon

20  County. The notice required to be published by s. 75.06 shall

21  be published only in Leon County, and the complaint and order

22  of the circuit court shall be served only on the State

23  Attorney of the Second Judicial Circuit and on the state

24  attorney of each circuit in each county where the public

25  agencies which were initially a party to the agreement are

26  located. Notice of such proceedings shall be published in the

27  manner and the time required by s. 75.06 in Leon County and in

28  each county where the public agencies which were initially a

29  party to the agreement are located. Obligations of any county,

30  or municipality, or independent special district pursuant to a

31


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                                          HB 2403, First Engrossed



  1  loan agreement as described in this paragraph may be validated

  2  as provided in chapter 75.

  3         (9)

  4         (c)  All of the privileges and immunities from

  5  liability and exemptions from laws, ordinances, and rules

  6  which apply to the municipalities, and counties, and

  7  independent special districts of this state apply to the same

  8  degree and extent to any separate legal entity, created

  9  pursuant to the provisions of this section, wholly owned by

10  the municipalities, or counties, or independent special

11  districts of this state, the membership of which consists or

12  is to consist only of municipalities, or counties, or

13  independent special districts of this state, unless the

14  interlocal agreement creating such entity provides to the

15  contrary. All of the privileges and immunities from liability;

16  exemptions from laws, ordinances, and rules; and pension and

17  relief, disability, and worker's compensation, and other

18  benefits which apply to the activity of officers, agents,

19  employees, or employees of agents of counties, and

20  municipalities, and independent special districts of this

21  state which are parties to an interlocal agreement creating a

22  separate legal entity pursuant to the provisions of this

23  section shall apply to the same degree and extent to the

24  officers, agents, or employees of such entity unless the

25  interlocal agreement creating such entity provides to the

26  contrary.

27         Section 5.  Paragraph (d) of subsection (7) of section

28  253.03, Florida Statutes, is amended, and paragraph (e) is

29  added to said subsection, to read:

30         253.03  Board of trustees to administer state lands;

31  lands enumerated.--


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                                          HB 2403, First Engrossed



  1         (7)

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

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

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

  5  state-owned lands, the existence or use of which will not

  6  impede the restoration of the Everglades, whether pursuant to

  7  a submerged lease or not, must provide written notification to

  8  the South Florida Water Management District of their existence

  9  and location, including an identification of the footprint of

10  the structures.  This notification will result in issuance to

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

12  reasonable fee established by the district, or the Department

13  of Environmental Protection, as appropriate, to expire on

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

15  Protection, as appropriate, may impose reasonable conditions

16  consistent with existing laws and rules. Where the structures

17  are located on privately owned lands, the landowners must

18  provide the same notification which will result in issuance to

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

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

21  Management District shall submit this notification to the

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

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

24  Florida Water Management District or the Department of

25  Environmental Protection, as appropriate, shall have the right

26  to require that the leaseholder remove the structures if the

27  district determines that the structures or their use are

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

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

30  who does not provide notification to the South Florida Water

31  Management District as required under this subsection, shall


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                                          HB 2403, First Engrossed



  1  be considered illegal and subject to immediate removal.  Any

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

  3  1999, without necessary permits and leases from the South

  4  Florida Water Management District, or the Department of

  5  Environmental Protection, or other local government, as

  6  appropriate, shall be considered illegal and subject to

  7  removal.

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

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

10  shall make the structure illegal and subject to removal. Any

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

12  effective date of this paragraph shall also be considered

13  illegal and subject to immediate removal.

14         Section 6.  Subsection (10) and paragraph (b) of

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

16  amended to read:

17         259.032  Conservation and Recreation Lands Trust Fund;

18  purpose.--

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

20  agencies or private entities designated to manage lands under

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

22  board of trustees, an individual management plan for each

23  project designed to conserve and protect such lands and their

24  associated natural resources. Private sector involvement in

25  management plan development may be used to expedite the

26  planning process.

27         (b)  Individual management plans required by s.

28  253.034(5), for parcels over 160 acres, shall be developed

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

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

31  land managing agency, comanaging entities, local private


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                                          HB 2403, First Engrossed



  1  property owners, the appropriate soil and water conservation

  2  district, a local conservation organization, and a local

  3  elected official.  The advisory group shall conduct at least

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

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

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

  7  hearing shall be acceptable and the lead managing agency shall

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

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

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

11  posted on the parcel or project designated for management,

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

13  a scheduled meeting of the local governing body before the

14  actual public hearing.  The management prospectus required

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

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

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

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

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

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

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

22  of leasehold interests to appropriate conservation

23  organizations or governmental entities designated by the Land

24  Acquisition and Management Advisory Council or its successor,

25  for uses consistent with the purposes of the organizations and

26  the protection, preservation, conservation, restoration, and

27  proper management of the lands and their resources. Volunteer

28  management assistance is encouraged, including, but not

29  limited to, assistance by youths participating in programs

30  sponsored by state or local agencies, by volunteers sponsored

31  by environmental or civic organizations, and by individuals


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                                          HB 2403, First Engrossed



  1  participating in programs for committed delinquents and

  2  adults.

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

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

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

  6  parcel or parcels identified in the annual Conservation and

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

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

  9  Department of Environmental Protection shall distribute only

10  75 percent of the acquisition funds to which a budget entity

11  or water management district would otherwise be entitled from

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

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

14  management plans overdue.

15         (e)  Individual management plans shall conform to the

16  appropriate policies and guidelines of the state land

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

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

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

20  and the statutory authority for such use or uses.

21         2.  Key management activities necessary to preserve and

22  protect natural resources and restore habitat, and for

23  controlling the spread of nonnative plants and animals, and

24  for prescribed fire and other appropriate resource management

25  activities.

26         3.  A specific description of how the managing agency

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

28  use fragile, nonrenewable natural and cultural resources.

29         4.  A priority schedule for conducting management

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

31  acquired.


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                                          HB 2403, First Engrossed



  1         5.  A cost estimate for conducting priority management

  2  activities, to include recommendations for cost-effective

  3  methods of accomplishing those activities.

  4         6.  A cost estimate for conducting other management

  5  activities which would enhance the natural resource value or

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

  7  cost estimate shall include recommendations for cost-effective

  8  methods of accomplishing those activities.

  9         7.  A determination of the public uses and public

10  access that would be consistent with the purposes for which

11  the lands were acquired.

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

13  each individual management plan for parcels which exceed 160

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

15  Management Advisory Council or its successor, which shall:

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

17  division, review each plan for compliance with the

18  requirements of this subsection and with the requirements of

19  the rules established by the board pursuant to this

20  subsection.

21         2.  Consider the propriety of the recommendations of

22  the managing agency with regard to the future use or

23  protection of the property.

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

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

26  recommendations as to whether to approve the plan as

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

28  plan.

29         (g)  The board of trustees shall consider the

30  individual management plan submitted by each state agency and

31  the recommendations of the Land Acquisition and Management


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                                          HB 2403, First Engrossed



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

  2  Lands and shall approve the plan with or without modification

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

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

  5  approved individual management plan is subject to termination

  6  by the board of trustees.

  7

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

  9  the water management districts, and each private entity

10  designated to manage lands shall report to the Secretary of

11  Environmental Protection on the progress of funding, staffing,

12  and resource management of every project for which the agency

13  or entity is responsible.

14         (12)

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

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

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

18  completed Preservation 2000 and Florida Forever acquisitions

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

20  taxable value. Population levels shall be determined pursuant

21  to s. 11.031.

22         2.  To all local governments located in eligible

23  counties.

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

25  operated prison leased to the state has recently been opened

26  and where privately owned and operated juvenile justice

27  facilities leased to the state have recently been constructed

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

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

30  already been appropriated and allocated from the Department of

31


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                                          HB 2403, First Engrossed



  1  Correction's budget for the purpose of reimbursing amounts

  2  equal to lost ad valorem taxes.

  3  Counties and local governments that did not receive payments

  4  in lieu of taxes for lands purchased pursuant to s. 259.101

  5  during fiscal year 1999-2000, if such counties and local

  6  governments would have received payments pursuant to this

  7  subsection as that section existed on June 30, 1999, shall

  8  receive retroactive payments for such tax losses.

  9

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

11  includes municipalities, the county school board, mosquito

12  control districts, and any other local government entity which

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

14  management district.

15         Section 7.  Subsections (1), (2), (3), (4), (5), (6),

16  (8), (10), (11), and (12) of section 253.034, Florida

17  Statutes, are amended to read:

18         253.034  State-owned lands; uses.--

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

20  be managed to serve the public interest by protecting and

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

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

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

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

25  the survival of plant and animal species and the conservation

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

27  and natural resources shall be managed using a stewardship

28  ethic that assures these resources will be available for the

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

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

31  feasible and consistent with the goals of protection and


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                                          HB 2403, First Engrossed



  1  conservation of natural resources associated with lands held

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

  3  Improvement Trust Fund, public land not designated for

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

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

  6  strategies shall address public access and enjoyment, resource

  7  conservation and protection, ecosystem maintenance and

  8  protection, and protection of threatened and endangered

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

10  or endowments may allow the entity agency with management

11  responsibility to enhance its ability to manage these lands.

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

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

14  to carry out the purposes of this section.

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

16  have the following meanings:

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

18  coordinated management of timber, recreation, conservation of

19  fish and wildlife including the release and feeding of

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

21  historic sites, habitat and other biological resources, or

22  water resources so that they are utilized in the combination

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

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

25  and giving consideration to the relative values of the various

26  resources.  Where necessary and appropriate for all

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

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

29  around any areas that which require special protection or have

30  special management needs.  Such buffers shall not exceed more

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


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                                          HB 2403, First Engrossed



  1  buffer area may be restricted to provide the necessary

  2  buffering effect desired.  Multiple use in this context

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

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

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

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

  7  management plan shall be managed to enhance and conserve the

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

  9  state.

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

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

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

13  its management program compatible secondary purposes which

14  will not detract from or interfere with the primary management

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

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

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

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

19  preserves, wildlife management, archaeological or historic

20  sites, or wilderness areas where the maintenance of

21  essentially natural conditions is important.  All submerged

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

23  managed primarily for the maintenance of essentially natural

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

25  recreation, including hunting and fishing where deemed

26  appropriate by the managing entity agency.

27         (3)  In recognition that recreational trails purchased

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

29  259.105(3)(h)(g) have had historic transportation uses and

30  that their linear character may extend many miles, the

31  Legislature intends that when the necessity arises to serve


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                                          HB 2403, First Engrossed



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

  2  from collisions with automobiles and a preference for the use

  3  of overpasses and underpasses to the greatest extent feasible

  4  and practical, transportation uses shall be allowed to cross

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

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

  7  location and design should consider and mitigate the impact on

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

  9  shall be paid based on fair market value.

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

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

12  Trustees of the Internal Improvement Trust Fund shall be

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

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

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

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

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

18  transportation facility. An entity agency managing or leasing

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

20  Improvement Trust Fund may not sublease such lands without

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

22  the Acquisition and Restoration Land Acquisition and

23  Management Advisory Council created in s. 259.035. All

24  management agreements, leases, or other instruments

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

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

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

28  Management Advisory council is not required to review

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

30         (5)  Each entity state agency managing conservation

31  lands owned by the Board of Trustees of the Internal


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                                          HB 2403, First Engrossed



  1  Improvement Trust Fund shall submit to the Division of State

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

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

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

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

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

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

  8  properties, shall specifically describe how the managing

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

10  or otherwise use fragile nonrenewable resources, such as

11  archaeological and historic sites, as well as other fragile

12  resources, including endangered plant and animal species, and

13  provide for the conservation of soil and water resources and

14  for the control and prevention of soil erosion. Land

15  management plans submitted by an entity agency shall include

16  reference to appropriate statutory authority for such use or

17  uses and shall conform to the appropriate policies and

18  guidelines of the state land management plan. All land

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

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

21  parcel, which analysis shall include the potential of the

22  parcel to generate revenues to enhance the management of the

23  parcel.  Additionally, the land management plan shall contain

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

25  facilitate the restoration or management of these lands.  In

26  those cases where a newly acquired property has a valid

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

28  of the property until a formal land management plan is

29  completed.

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

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


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                                          HB 2403, First Engrossed



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

  2  successor shall review each plan for compliance with the

  3  requirements of this subsection, the requirements of chapter

  4  259, and with the requirements of the rules established by the

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

  6  successor shall also consider the propriety of the

  7  recommendations of the managing entity agency with regard to

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

  9  nonrenewable resources, the potential for alternative or

10  multiple uses not recognized by the managing entity agency,

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

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

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

14  board. The council or its successor shall specifically

15  recommend to the board whether to approve the plan as

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

17  plan.

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

19  Trust Fund shall consider the land management plan submitted

20  by each entity state agency and the recommendations of the

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

22  shall approve the plan with or without modification or reject

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

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

25  subject to termination by the board.

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

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

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

29  253.111, for conservation those lands designated as acquired

30  for conservation purposes, the board shall make a

31  determination that the lands are no longer needed for


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                                          HB 2403, First Engrossed



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

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

  3  determination that the lands are no longer needed and may

  4  dispose of them by majority vote.

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

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

  7  from the Preservation 2000 bonds, the Conservation and

  8  Recreation Lands Trust Fund, the Water Management Lands Trust

  9  Fund, Environmentally Endangered Lands Program, and the Save

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

11  identified as core parcels or within original project

12  boundaries, shall be deemed to have been acquired for

13  conservation purposes.

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

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

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

17  having been acquired for conservation purposes.  No lands

18  acquired for the following uses use by the Department of

19  Corrections, the Department of Management Services for use as

20  state offices, the Department of Transportation, except those

21  specifically managed for conservation or recreation purposes,

22  or the State University System or State Community College

23  System shall be designated as having been purchased for

24  conservation purposes, except those specifically managed for

25  conservation and recreation purposes:  correction and

26  detention facilities, state office buildings, maintenance

27  yards, state university or state community colleges campuses,

28  agricultural field stations or offices, tower sites, trooper

29  stations and license facilities, laboratories, hospitals, and

30  clinics.

31


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                                          HB 2403, First Engrossed



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

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

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

  4  agency shall evaluate and indicate to the board those lands

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

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

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

  8  its recommendation as to whether such lands should be disposed

  9  of by the board.

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

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

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

13  be reviewed by the council or its successor for its

14  recommendation as to whether such lands should be disposed of

15  by the board.

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

17  lands, the Acquisition and Restoration Council shall review

18  and make recommendations to the board concerning the request

19  for surplusing. The council shall determine whether the

20  request for surplusing is compatible with the resource values

21  of and management objectives for such lands.

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

23  or its successor shall consider whether such lands would be

24  more appropriately owned or managed by the county or other

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

26  council or its successor shall recommend to the board whether

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

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

29  The provisions of this paragraph in no way limit the

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

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


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                                          HB 2403, First Engrossed



  1  days. Permittable uses for such surplus lands may include

  2  public schools; public libraries; fire or law enforcement

  3  substations; and governmental, judicial, or recreational

  4  centers.  County or local government requests for surplus

  5  lands shall be expedited throughout the surplusing process.

  6  State agencies shall have the subsequent opportunity to

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

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

  9  Surplus properties in which governmental agencies have

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

11  private market.

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

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

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

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

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

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

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

19  which acquires title to lands hereunder for less than fair

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

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

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

23  lands pursuant to this paragraph shall first allow the board

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

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

26  lands.

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

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

29  where no monetary consideration was exchanged, the price of

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

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


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                                          HB 2403, First Engrossed



  1  average of two separate appraisals. The individual or entity

  2  requesting the surplus shall select and use appraisers from

  3  the list of approved appraisers maintained by the Division of

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

  5  individual or entity requesting the surplus is to incur all

  6  costs of the appraisals.

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

  8  council or its successor, the board shall determine whether

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

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

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

12  lands.

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

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

15  submitted to the lead managing agency for review and

16  recommendation to the council or its successor.  Lead managing

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

18  recommendations. Any surplusing requests that have not been

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

20  scheduled for hearing at the next regularly scheduled meeting

21  of the council or its successor. Requests for surplusing

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

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

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

25  pursuant to this subsection shall be deposited into the fund

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

27  which the lands were originally acquired no longer exists,

28  such proceeds shall be deposited into an appropriate account

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

30  assigned the lands prior to the lands being declared surplus

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


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                                          HB 2403, First Engrossed



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

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

  3  disposition would have the effect of causing all or any

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

  5  the exclusion from gross income for federal income tax

  6  purposes.

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

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

  9  by the council or its successor.

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

11  the Department of Corrections, the Department of Juvenile

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

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

14  the provisions for review by the council or its successor

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

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

17  90 days at the administrative offices of the parcel or project

18  affected by the management plan and at the Tallahassee offices

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

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

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

22  Trustees of the Internal Improvement Trust Fund for

23  consideration. The Board of Trustees of the Internal

24  Improvement Trust Fund shall approve the plan with or without

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

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

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

28         (10)  The following additional uses of conservation

29  lands acquired pursuant to the Florida Forever program and

30  other state-funded conservation land purchase programs shall

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


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                                          HB 2403, First Engrossed



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

  2  resource development projects, water supply development

  3  projects, stormwater management projects, linear facilities,

  4  and sustainable agriculture and forestry.  Such additional

  5  uses are authorized where:

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

  7  lands;

  8         (b)  Compatible with the natural ecosystem and resource

  9  values of such lands;

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

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

12  available lands;

13         (d)  The using entity reasonably compensates the

14  titleholder for such use based upon an appropriate measure of

15  value; and

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

17         (11)  The Acquisition and Restoration Council shall

18  review proposed uses of conservation lands and shall recommend

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

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

21  reject the proposed use. After reviewing the recommendations

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

23  approve the proposed use as submitted, approve the proposed

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

25  by the board of trustees pursuant to this section subsection

26  shall be given a presumption of correctness. Moneys received

27  from the use of state lands pursuant to this section

28  subsection shall be returned to the lead managing entity

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

30         (12)(11)  Lands listed as projects for acquisition may

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


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                                          HB 2403, First Engrossed



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

  2  purchase in accordance with a contractual arrangement between

  3  the acquiring agency and the private party that may include

  4  management service contracts, leases, cost-share arrangements

  5  or resource conservation agreements.  Lands designated as

  6  eligible under this subsection shall be managed to maintain or

  7  enhance the resources the state is seeking to protect by

  8  acquiring the land.  Funding for these contractual

  9  arrangements may originate from the documentary stamp tax

10  revenue deposited into the Conservation and Recreation Lands

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

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

13  be expended for this purpose.

14         (13)(12)  Any lands available to governmental

15  employees, including water management district employees, for

16  hunting or other recreational purposes shall also be made

17  available to the general public for such purposes.

18         Section 8.  Paragraph (e) of subsection (1) and

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

20  amended to read:

21         259.0345  Florida Forever Advisory Council.--

22         (1)

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

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

25  1999.  Beginning, January 1, 2000, The council shall, at a

26  minimum, meet twice a year.

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

28  November 1, 2000, to the Secretary of Environmental

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

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

31  trustees, the secretary shall forward the approved report to


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                                          HB 2403, First Engrossed



  1  the President of the Senate and the Speaker of the House of

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

  3  the 2001 Regular Legislative Session, for review by the

  4  appropriate substantive legislative committee from which the

  5  Florida Forever Act originated, or its successor committees

  6  with jurisdiction over the department.  The Legislature may

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

  8  performance measures established by the report.  If no action

  9  is taken, the goals and performance measures shall be

10  implemented.  The report shall meet the following requirements

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

12  259.105(3)(b):

13         (a)  Establish specific goals for those identified in

14  s. 259.105(4).

15         (b)  Provide recommendations expanding or refining the

16  goals identified in s. 259.105(4).

17         (c)  Identify specific performance measures that may be

18  used to analyze progress towards the goals established.

19         (c)  Provide recommendations for the development and

20  identification of performance measures to be used for

21  analyzing the progress made towards the goals established

22  pursuant to s. 259.105(4).

23         (d)  Provide recommendations for the process by which

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

25  Acquisition and Restoration Council. The advisory council is

26  to specifically examine ways to streamline the process created

27  by the Florida Forever Act.

28

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

30  the council may identify other recommendations concerning the

31


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                                          HB 2403, First Engrossed



  1  implementation of Florida Forever. These recommendations shall

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

  3         Section 9.  Section 259.035, Florida Statutes, as

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

  5  read:

  6         259.035  Acquisition and Restoration Council.--

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

  8  Acquisition and Restoration Council.

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

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

11  These four appointees shall be from scientific disciplines

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

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

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

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

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

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

18  appointed under this paragraph.

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

20  the Secretary of Environmental Protection the department, the

21  director of the Division of Forestry of the Department of

22  Agriculture and Consumer Services, the executive director of

23  the Fish and Wildlife Conservation Commission, the director of

24  the Division of Historical Resources of the Department of

25  State, and the Secretary of the Department of Community

26  Affairs, or their respective designees.

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

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

29  members.

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

31  request of the chair.


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                                          HB 2403, First Engrossed



  1         (e)  The Department of Environmental Protection shall

  2  provide primary staff support to the council and shall ensure

  3  that council meetings are electronically recorded.  Such

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

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

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

  7  the provisions of this section.

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

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

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

11  travel, including attendance at meetings, as allowed state

12  officers and employees while in the performance of their

13  duties, pursuant to s. 112.061.

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

15  of trustees in reviewing the recommendations and plans for

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

17  The council shall, in reviewing such recommendations and

18  plans, consider the optimization of multiple-use and

19  conservation strategies to accomplish the provisions funded

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

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

22  Conservation and Recreation Lands list approved by the board

23  of trustees in the year 2000.

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

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

26  recommends amendments to such rules to competitively evaluate,

27  select, and rank projects eligible for the Conservation and

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

29  259.101(4) and, beginning no later than May 1, 2001, for

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

31  developing or amending such rules, the council shall give


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                                          HB 2403, First Engrossed



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

  2  trustees shall review such recommendations and shall adopt

  3  rules necessary to implement this section.

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

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

  6  proposed project on a list developed pursuant to subsection

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

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

  9  proposed project shall declare such interest prior to voting

10  for its inclusion on a list.

11         (6)  All proposals for projects pursuant to this

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

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

14  The council shall consider and evaluate in writing the merits

15  and demerits of each project that is proposed for Conservation

16  and Recreation Lands, Florida Preservation 2000, or Florida

17  Forever funding and shall ensure that each proposed project

18  will meet a stated public purpose for the restoration,

19  conservation, or preservation of environmentally sensitive

20  lands and water areas or for providing outdoor recreational

21  opportunities. The council also shall determine if the project

22  conforms, where applicable, with the comprehensive plan

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

24  multipurpose outdoor recreational plan developed pursuant to

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

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

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

28  259.101, or s. 259.105, whichever are applicable.

29         Section 10.  Subsection (3) and paragraphs (f), (g),

30  and (h) of subsection (9) of section 259.101, Florida

31  Statutes, are amended to read:


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                                          HB 2403, First Engrossed



  1         259.101  Florida Preservation 2000 Act.--

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

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

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

  5  issued pursuant to this act shall be deposited into the

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

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

  8  Preservation 2000 Trust Fund shall be distributed by the

  9  Department of Environmental Protection to the Department of

10  Environmental Protection for the purchase by the South Florida

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

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

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

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

15  $20 million per year from the proceeds of any bonds deposited

16  into the Florida Preservation 2000 Trust Fund shall be

17  distributed by the Department of Environmental Protection to

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

19  lands necessary to restore Lake Apopka. The remaining proceeds

20  shall be distributed by the Department of Environmental

21  Protection in the following manner:

22         (a)  Fifty percent to the Department of Environmental

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

24  259.032.  Of this 50 percent, at least one-fifth shall be used

25  for the acquisition of coastal lands.

26         (b)  Thirty percent to the Department of Environmental

27  Protection for the purchase of water management lands pursuant

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

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

30  district may also be used for acquisition of lands necessary

31  to implement surface water improvement and management plans


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                                          HB 2403, First Engrossed



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

  2  lands necessary to implement the Everglades Construction

  3  Project authorized by s. 373.4592.

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

  5  to provide land acquisition grants and loans to local

  6  governments through the Florida Communities Trust pursuant to

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

  8  $3 million annually shall be used by the Division of State

  9  Lands within the Department of Environmental Protection to

10  implement the Green Swamp Land Protection Initiative Authority

11  specifically for the purchase of conservation easements

12  through land protection agreements, as defined in s.

13  380.0677(4)(5), of lands, or severable interests or rights in

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

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

16  be used by the Monroe County Comprehensive Plan Land Authority

17  specifically for the purchase of any real property interest in

18  either those lands subject to the Rate of Growth Ordinances

19  adopted by local governments in Monroe County or those lands

20  within the boundary of an approved Conservation and Recreation

21  Lands project located within the Florida Keys or Key West

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

23  acquired within the boundary of an approved Conservation and

24  Recreation Lands project may, in accordance with an approved

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

26  the Internal Improvement Trust Fund.  Of the remaining funds

27  allocated to the trust after the above transfers occur,

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

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

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

31


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                                          HB 2403, First Engrossed



  1  expend Preservation 2000 funds to carry out the purposes of

  2  part III of chapter 380.

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

  4  Environmental Protection for the purchase of inholdings and

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

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

  7  jurisdiction of the Division of Recreation and Parks of the

  8  department, or which may come under its jurisdiction.

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

10  Forestry of the Department of Agriculture and Consumer

11  Services to fund the acquisition of state forest inholdings

12  and additions pursuant to s. 589.07.

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

14  Wildlife Conservation Game and Fresh Water Fish Commission to

15  fund the acquisition of inholdings and additions to lands

16  managed by the commission which are important to the

17  conservation of fish and wildlife.

18         (g)  One and three-tenths percent to the Department of

19  Environmental Protection for the Florida Greenways and Trails

20  Program, to acquire greenways and trails or greenways and

21  trails systems pursuant to chapter 260, including, but not

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

23  National Scenic Trail.

24

25  Local governments may use federal grants or loans, private

26  donations, or environmental mitigation funds, including

27  environmental mitigation funds required pursuant to s.

28  338.250, for any part or all of any local match required for

29  the purposes described in this subsection.  Bond proceeds

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

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


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                                          HB 2403, First Engrossed



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

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

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

  4  or rights or interests therein, acquired by either the

  5  Southwest Florida Water Management District or the St. Johns

  6  River Water Management District in furtherance of the Green

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

  8  shall be vested in the district where the acquisition project

  9  is located.  Title to lands purchased pursuant to paragraph

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

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

12  to land protection agreements and conservation easements that

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

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

15  by either the Southwest Florida Water Management District and

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

17  such agreements and easements, within their respective

18  districts, until the state assumes this responsibility. in

19  furtherance of the Green Swamp Land Authority's mission

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

21  where the acquisition project is located.  This subsection is

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

23  Legislature shall review the provisions scheduled for repeal

24  and shall determine whether to reenact or modify the

25  provisions or to take no action.

26         (9)

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

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

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

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

31  Preservation 2000 account for more than 3 fiscal years shall


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                                          HB 2403, First Engrossed



  1  be redistributed equally to the Department of Environmental

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

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

  4  Management District P2000 sub account for the purchase of

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

  6  373.59. For the purposes of this subsection, the term

  7  "unencumbered balances" means the portion of Preservation 2000

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

  9  purchase contract between a public agency and a private

10  landowner, except that the program described in paragraph

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

12  which remain unobligated because of extraordinary

13  circumstances that hampered the affected local governments'

14  abilities to close on land acquisition projects approved

15  through the Florida Communities Trust program. Extraordinary

16  circumstances shall be determined by the Florida Communities

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

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

19  designation of the property; natural disasters that affected a

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

21  such property; or any other condition that the Florida

22  Communities Trust governing board determined to be

23  extraordinary. The portion of the funds redistributed in the

24  Water Management District P2000 sub account shall be

25  distributed to the water management districts as provided in

26  s. 373.59(8).

27         2.  The department and the water management districts

28  may enter into joint acquisition agreements to jointly fund

29  the purchase of lands using alternatives to fee simple

30  techniques.

31


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                                          HB 2403, First Engrossed



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

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

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

  4  carried forward to the subsequent fiscal year.

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

  6  following the final authorization of Preservation 2000 bonds.

  7         Section 11.  Subsections (3), (7), (9), (14), (16), and

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

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

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

11         259.105  The Florida Forever Act.--

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

13  reserve accounts and other costs associated with bonds, the

14  proceeds of bonds issued pursuant to this section shall be

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

16  259.1051. The proceeds shall be distributed by the Department

17  of Environmental Protection in the following manner:

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

19  Environmental Protection for the acquisition of lands and

20  capital project expenditures necessary to implement the water

21  management districts' priority lists developed pursuant to s.

22  373.199.  The funds are to be distributed to the water

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

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

25  life of the Florida Forever program pursuant to this paragraph

26  shall be used for the acquisition of lands.

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

28  Environmental Protection for the acquisition of lands and

29  capital project expenditures described in this section. Of the

30  proceeds distributed pursuant to this paragraph, it is the

31  intent of the Legislature that an increased priority be given


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                                          HB 2403, First Engrossed



  1  to those acquisitions which achieve a combination of

  2  conservation goals, including protecting Florida's water

  3  resources and natural groundwater recharge. Capital project

  4  expenditures may not exceed 10 percent of the funds allocated

  5  pursuant to this paragraph.

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

  7  of Community Affairs for use by the Florida Communities Trust

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

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

10  nonprofit environmental organizations that are tax exempt

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

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

13  spaces, parks, and greenways to implement local government

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

15  percent shall be transferred annually to the Land Acquisition

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

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

18  percent shall be matched by local governments on a

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

20  Florida Communities Trust emphasize funding projects in

21  low-income or otherwise disadvantaged communities.  At least

22  30 Thirty percent of the total allocation provided to the

23  trust shall be used in Standard Metropolitan Statistical

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

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

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

27  open spaces within congested urban core areas.  From funds

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

29  to acquire lands for recreational trail systems, provided that

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

31  they will be available for other trust projects.  Local


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                                          HB 2403, First Engrossed



  1  governments may use federal grants or loans, private

  2  donations, or environmental mitigation funds, including

  3  environmental mitigation funds required pursuant to s.

  4  338.250, for any part or all of any local match required for

  5  acquisitions funded through the Florida Communities Trust.

  6  Any lands purchased by nonprofit organizations using funds

  7  allocated under this paragraph must provide for such lands to

  8  remain permanently in public use through a reversion of title

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

10  appropriate mechanism.  Projects funded with funds allocated

11  to the Trust shall be selected in a competitive process

12  measured against criteria adopted in rule by the Trust.

13         (d)  Two percent to the Department of Environmental

14  Protection for grants pursuant to s. 375.075.

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

16  of Environmental Protection for the purchase of inholdings and

17  additions to state parks and for capital project expenditures

18  as described in this section. Capital project expenditures may

19  not exceed 10 percent of the funds allocated under this

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

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

22  jurisdiction of the Division of Recreation and Parks of the

23  department, or which may come under its jurisdiction.

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

25  Forestry of the Department of Agriculture and Consumer

26  Services to fund the acquisition of state forest inholdings

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

28  reforestation plans or sustainable forestry management

29  practices, and for capital project expenditures as described

30  in this section. Capital project expenditures may not exceed

31  10 percent of the funds allocated under this paragraph.


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                                          HB 2403, First Engrossed



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

  2  Wildlife Conservation Commission to fund the acquisition of

  3  inholdings and additions to lands managed by the commission

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

  5  and for capital project expenditures as described in this

  6  section.  Capital project expenditures may not exceed 10

  7  percent of the funds allocated under this paragraph.

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

  9  of Environmental Protection for the Florida Greenways and

10  Trails Program, to acquire greenways and trails or greenways

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

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

13  National Scenic Trail, and for capital project expenditures as

14  described in this section.  Capital project expenditures may

15  not exceed 10 percent of the funds allocated under this

16  paragraph.

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

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

19  develop their individual acquisition or restoration lists.

20  Proposed additions may be acquired if they are identified

21  within the original project boundary, the management plan

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

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

24  additions not meeting the requirements of this paragraph shall

25  be submitted to the Acquisition and Restoration Council for

26  approval.  The council may only approve the proposed addition

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

28  link or corridor to other publicly owned property; enhances

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

30  desirable resource to the property; would create a more

31  manageable boundary configuration; has a high resource value


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                                          HB 2403, First Engrossed



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

  2  less than fair market value.

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

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

  5  contribute to the achievement of the following goals:

  6         (p)  Ensure that sufficient quantities of water are

  7  available to meet current and future needs of the natural

  8  system and citizens of the state, as measured by

  9  implementation of the water resource development component of

10  the district water management plan developed pursuant to s.

11  373.036 or the appropriate regional water supply plan

12  developed pursuant to s. 373.0361.

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

14  and archaeological sites as measured by the number of sites

15  acquired.

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

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

18  coastline acquired.

19         (s)  An increase in the protection of significant

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

21  lands acquired to buffer them.

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

23  every year thereafter, the Acquisition and Restoration Council

24  shall accept applications from state agencies, local

25  governments, nonprofit and for-profit organizations, private

26  land trusts, and individuals for project proposals eligible

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

28  evaluate the proposals received pursuant to this subsection to

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

30  subsection (9).

31


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                                          HB 2403, First Engrossed



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

  2  the following:

  3         1.  A minimum of two numeric performance measures that

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

  5  Each performance measure shall include a baseline measurement,

  6  which is the current situation; a performance standard which

  7  the project sponsor anticipates the project will achieve; and

  8  the performance measurement itself, which should reflect the

  9  incremental improvements the project accomplishes towards

10  achieving the performance standard.

11         2.  Proof that property owners within any proposed

12  acquisition have been notified of their inclusion in the

13  proposed project.  Any property owner may request the removal

14  of such property from further consideration by submitting a

15  request to the project sponsor or the Acquisition and

16  Restoration Council by certified mail. Upon receiving this

17  request, the council shall delete the property from the

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

19  it votes to approve the proposed project lists pursuant to

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

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

22  such property is critical to achieve the purposes of the

23  project.

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

25  shall vest in the Board of Trustees of the Internal

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

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

28  district and lands acquired by a local government shall vest

29  in the name of the purchasing local government.

30         (9)  The Acquisition and Restoration Council shall

31  recommend rules for adoption by the board of trustees develop


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                                          HB 2403, First Engrossed



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

  2  eligible for Florida Forever funds pursuant to paragraph

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

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

  5  developing these proposed rules, this rule the Acquisition and

  6  Restoration Council shall give weight to the following

  7  criteria:

  8         (a)  The project meets multiple goals described in

  9  subsection (4).

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

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

12  resources.

13         (c)  The project enhances or facilitates management of

14  properties already under public ownership.

15         (d)  The project has significant archaeological or

16  historic value.

17         (e)  The project has funding sources that are

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

19  the project.

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

21  resource problems on a regional basis.

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

23  area in imminent danger of development, in imminent danger of

24  losing its significant natural attributes or recreational open

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

26  in multiple ownership and make acquisition of the project

27  costly or less likely to be accomplished.

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

29  developed by an ecosystem management team.

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

31  Everglades restoration effort.


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                                          HB 2403, First Engrossed



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

  2  appraised value.

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

  4  using alternatives to fee simple, including but not limited

  5  to, purchase of development rights, hunting rights,

  6  agricultural or silvicultural rights, or mineral rights;

  7  obtaining conservation easements or flowage easements; or use

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

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

10  public agencies, nonprofit organizations, or private entities,

11  or by a public-private partnership.

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

13  this section, the Acquisition and Restoration Council shall

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

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

16  of Trustees of the Internal Improvement Trust Fund for

17  approval a listing of projects developed pursuant to

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

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

20  add projects or rearrange project rankings.

21         (16)  All proposals for projects pursuant to paragraph

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

23  by the Acquisition and Restoration Council and approved by the

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

25  writing the merits and demerits of each project that is

26  proposed for Florida Forever funding and each proposed

27  addition to the Conservation and Recreation Lands list

28  program. The council shall ensure that each proposed Florida

29  Forever project will meet a stated public purpose for the

30  restoration, conservation, or preservation of environmentally

31  sensitive lands and water areas or for providing outdoor


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                                          HB 2403, First Engrossed



  1  recreational opportunities and that each proposed addition to

  2  the Conservation and Recreation Lands list will meet the

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

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

  5  or addition conforms, where applicable, with the comprehensive

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

  7  multipurpose outdoor recreation plan developed pursuant to s.

  8  375.021, the state lands management plan adopted pursuant to

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

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

11         (18)  The Acquisition and Restoration Council shall may

12  recommend adoption of rules by the board of trustees necessary

13  to implement the provisions of this section relating to:

14  solicitation, scoring, selecting, and ranking of Florida

15  Forever project proposals; disposing of or leasing lands or

16  water areas selected for funding through the Florida Forever

17  program; and the process of reviewing and recommending for

18  approval or rejection the land management plans associated

19  with publicly owned properties. Rules promulgated pursuant to

20  this subsection shall be submitted to the President of the

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

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

23  2001 2000 Regular Session and shall become effective only

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

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

26  board of trustees council shall conform such rules to changes

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

28  Legislature, such rules shall become effective.

29         (20)  The Acquisition and Restoration Council, as

30  successors to the Land Acquisition and Management Advisory

31  Council, shall have the authority to amend existing


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                                          HB 2403, First Engrossed



  1  Conservation and Recreation Lands projects and to add to or

  2  delete from the year 2000 Conservation and Recreation Lands

  3  list until funding for the Conservation and Recreation Lands

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

  5  Conservation and Recreation Lands list shall be reported to

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

  7  developed pursuant to subsection (15).

  8         Section 12.  Section 260.018, Florida Statutes, is

  9  amended to read:

10         260.018  Agency recognition.--All agencies of the

11  state, regional planning councils through their comprehensive

12  plans, and local governments through their local comprehensive

13  planning process pursuant to chapter 163 shall recognize the

14  special character of publicly owned lands and waters

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

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

17  Identification of lands or waterways in planning materials,

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

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

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

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

22  system of or greenways and trails pursuant to s.

23  260.016(2)(d).

24         Section 13.  Subsections (2) and (3) of section

25  373.139, Florida Statutes, are amended to read:

26         373.139  Acquisition of real property.--

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

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

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

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

31  water storage, water management, conservation and protection


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                                          HB 2403, First Engrossed



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

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

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

  4  real property for flood control and water storage or for

  5  curing title defects or encumbrances to real property to be

  6  acquired from a willing seller.

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

  8  modifications or additions thereto shall be adopted by each

  9  water management district after a public hearing. Each water

10  management district shall provide at least 14 days' advance

11  notice of the hearing date and shall provide separate notice

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

13  proposed work plan project or project modification or addition

14  is located.

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

16  public hearing similar to those held pursuant to the

17  provisions set forth in s. 120.54.

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

19  and counteroffers are confidential and exempt from the

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

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

22  before a contract or agreement for purchase is considered for

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

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

25  landowners during negotiations for acquisitions using

26  alternatives to fee simple techniques, if the district

27  determines that disclosure of such reports will bring the

28  proposed acquisition to closure. In the event that negotiation

29  is terminated by the district, the title information,

30  appraisal report, offers, and counteroffers shall become

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


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                                          HB 2403, First Engrossed



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

  2  Division of State Lands may share and disclose title

  3  information, appraisal reports, appraisal information, offers,

  4  and counteroffers when joint acquisition of property is

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

  6  maintain the confidentiality of such title information,

  7  appraisal reports, appraisal information, offers, and

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

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

10  the division have exercised discretion to disclose such

11  information.

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

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

14  district for preacquisition costs within 30 days after receipt

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

16  which identifies and justifies any such preacquisition costs

17  necessary for the purchase of any lands listed in the

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

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

20  resolution, and the department shall deposit the unused funds

21  into the appropriate account or trust fund.

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

23  release acquisition moneys from the appropriate account or

24  trust fund to a district following receipt of a resolution

25  adopted by the governing board identifying the lands being

26  acquired and certifying that such acquisition is consistent

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

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

29  Secretary of Environmental Protection a copy of all certified

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

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


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                                          HB 2403, First Engrossed



  1  appraisal.  Two appraisals are required when the estimated

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

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

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

  5  than the appraisal price, the governing board shall submit

  6  written justification for the increased price.  The Secretary

  7  of Environmental Protection may withhold moneys for any

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

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

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

11  and Water Adjudicatory Commission pursuant to s. 373.114.

12         Section 14.  Paragraph (c) of subsection (1) of section

13  373.1391, Florida Statutes, is amended to read:

14         373.1391  Management of real property.--

15         (1)

16         (c)  In developing or reviewing land management plans

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

18  management districts, that issue shall be forwarded to the

19  Secretary of Environmental Protection who shall submit it to

20  the Acquisition and Restoration Florida Forever Advisory

21  Council.

22         Section 15.  Paragraph (a) of subsection (3) and

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

24  amended to read:

25         373.199  Florida Forever Water Management District Work

26  Plan.--

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

28  district shall:

29         (a)  Integrate its existing surface water improvement

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

31  stormwater management projects, proposed water resource


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                                          HB 2403, First Engrossed



  1  development projects, proposed water body restoration

  2  projects, proposed capital improvement projects necessary to

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

  4  other properties or activities that would assist in meeting

  5  the goals of Florida Forever.

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

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

  8  the House of Representatives, Legislature and the Secretary of

  9  Environmental Protection the initial 5-year work plan as

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

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

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

13  Secretary of Environmental Protection a report of acquisitions

14  completed during the year together with modifications or

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

16  shall be:

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

18  property or project area owned by the water management

19  district.

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

21  compensation received.

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

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

24  259.105, or s. 373.59, for which the district is responsible.

25

26  The secretary shall submit the report required pursuant to

27  this subsection to the Board of Trustees of the Internal

28  Improvement Trust Fund together along with the Acquisition and

29  Restoration Council's project list as the Florida Forever

30  report required under s. 259.105.

31


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                                          HB 2403, First Engrossed



  1         Section 16.  Section 373.1995, Florida Statutes, is

  2  created to read:

  3         373.1995  Florida Forever performance measures.--The

  4  five water management districts shall jointly provide a report

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

  6  Protection, which shall establish specific goals and

  7  performance measures that may be used to analyze activities

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

  9  minimum, be based on those goals and performance measures

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

11  report to the Board of Trustees of the Internal Improvement

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

13  trustees, the secretary shall forward the approved report to

14  the President of the Senate and the Speaker of the House of

15  Representatives, prior to the beginning of the 2001 Regular

16  Legislative Session, for review by the substantive legislative

17  committee from which the Florida Forever Act originated, or

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

19  action relative to the goals and performance measures

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

21  and performance measures established in the report shall be

22  implemented.

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

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

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

26  section, to read:

27         373.59  Water Management Lands Trust Fund.--

28         (1)  There is established within the Department of

29  Environmental Protection the Water Management Lands Trust Fund

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

31  section. The moneys in this fund are hereby continually


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                                          HB 2403, First Engrossed



  1  appropriated for the purposes of land acquisition, management,

  2  maintenance, capital improvements of land titled to the

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

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

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

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

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

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

  9  of administration shall be charged proportionally against each

10  district's allocation using the formula provided in subsection

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

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

13  invasive exotic species, controlled burning, habitat inventory

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

15  minimal public accommodations, such as primitive campsites,

16  garbage receptacles, and toilets.

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

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

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

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

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

22  tax losses incurred as a result of governing board

23  acquisitions for water management districts pursuant to ss.

24  259.101, 259.105, and 373.59 under the Florida Forever program

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

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

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

28  of this section.

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

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

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


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                                          HB 2403, First Engrossed



  1  Preservation 2000 and Florida Forever acquisitions in the

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

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

  4  11.031.

  5         2.  To all local governments located in eligible

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

  7  rolls.

  8

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

10  includes municipalities, the county school board, mosquito

11  control districts, and any other local government entity which

12  levies ad valorem taxes.

13         (g)  For properties acquired after January 1, 2000, in

14  the event that such properties otherwise eligible for payment

15  in lieu of taxes under this subsection are leased or reserved

16  and remain subject to ad valorem taxes, then payments in lieu

17  of taxes shall commence or recommence upon the expiration or

18  termination of the lease or reservation but in no event shall

19  there be more than a total of ten annual payments in lieu of

20  taxes for each tax loss.  If the lease is terminated for only

21  a portion of the lands at any time, the ten annual payments

22  shall be made for that portion only commencing the year after

23  such termination, without limiting the requirement that ten

24  annual payments shall be made on the remaining portion or

25  portions of the land as the lease on each shall expire.

26         (h)  The districts are authorized to make retroactive

27  payments to counties and local governments that did not

28  receive payments in lieu of taxes for lands purchased pursuant

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

30  counties and local governments would have received said

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


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                                          HB 2403, First Engrossed



  1         Section 18.  Subsection (1) of section 375.075, Florida

  2  Statutes, is amended to read:

  3         375.075  Outdoor recreation; financial assistance to

  4  local governments.--

  5         (1)  The Department of Environmental Protection is

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

  7  Recreation Development Assistance Program to provide grants to

  8  qualified local governmental entities to acquire or develop

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

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

11  375.051, each fiscal year through fiscal year 2000-2001, the

12  department shall develop and plan a program which shall be

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

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

15  201.15(2) and (3) in that year. Beginning fiscal year

16  2001-2002, the department shall develop and plan a program

17  which shall be based upon the cumulative total of funding

18  provided from this section and from the Florida Forever Trust

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

20         Section 19.  Subsection (11) of section 380.507,

21  Florida Statutes, is amended to read:

22         380.507  Powers of the trust.--The trust shall have all

23  the powers necessary or convenient to carry out the purposes

24  and provisions of this part, including:

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

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

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

28  adopt rules governing the acquisition of lands by local

29  governments or the trust using proceeds from the Preservation

30  2000 Trust Fund and the Florida Forever Trust Fund, consistent

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


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                                          HB 2403, First Engrossed



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

  2  to, procedures for appraisals and confidentiality consistent

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

  4  method of determining a maximum purchase price, and procedures

  5  to assure that the land is acquired in a voluntarily

  6  negotiated transaction, surveyed, conveyed with marketable

  7  title, and examined for hazardous materials contamination.

  8  Land acquisition procedures of a local land authority created

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

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

11  259.105 if within areas of critical state concern designated

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

13         Section 20.  Subsection (7) of section 380.510, Florida

14  Statutes, is amended to read:

15         380.510  Conditions of grants and loans.--

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

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

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

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

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

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

22  the land acquisition purposes of this part. In addition to the

23  other conditions set forth in this section, the disbursement

24  of Preservation 2000 and Florida Forever funds from the trust

25  shall be subject to the following conditions:

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

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

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

29  conditions imposed thereon by the agency of the state

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

31  in the Preservation 2000 Trust Fund and the Florida Forever


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                                          HB 2403, First Engrossed



  1  Trust Fund, including restrictions imposed to ensure that the

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

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

  4  of such bonds for federal income tax purposes.

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

  6  property acquired with funds received by the trust from the

  7  Preservation 2000 Trust Fund shall contain such covenants and

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

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

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

11  respect to any real property acquired with funds received by

12  the trust from the Florida Forever Trust Fund shall contain

13  such covenants and restrictions as are sufficient to ensure

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

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

16  lease shall contain a reversion, conveyance, or termination

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

18  Internal Improvement Trust Fund if any of the covenants or

19  restrictions are violated by the titleholder or leaseholder or

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

21  leaseholder.

22         Section 21.  Notwithstanding the provisions of s.

23  259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter

24  92-288, Laws of Florida), regarding the set-aside of funds for

25  land acquisition in areas of critical state concern, $2.5

26  million from funds previously approved is hereby designated to

27  the City of Apalachicola for land acquisition associated with

28  the area of critical state concern to assist in completing the

29  City's sewer improvement program. This appropriation is

30  contingent upon the review of the city's proposal and a

31  determination by the Department of Community Affairs that the


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                                          HB 2403, First Engrossed



  1  proposed project is an eligible use of funds under the Florida

  2  Communities Trust program. The city is not required to provide

  3  matching funds for the approved project.

  4         Section 22.  Beginning in fiscal year 2000-2001, funds

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

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

  7         Section 23.  Subsection (9) of section 211.3103,

  8  Florida Statutes, is repealed.

  9         Section 24.  Subsections (1) and (3) of section

10  373.1501, Florida Statutes, are amended to read:

11         373.1501  South Florida Water Management District as

12  local sponsor.--

13         (1)  As used in this section and s. 373.026(8), the

14  term:

15         (a)  "C-111 Project" means the project identified in

16  the Central and Southern Florida Flood Control Project, Real

17  Estate Design Memorandum, Canal 111, South Dade County,

18  Florida.

19         (b)  "Department" means the Department of Environmental

20  Protection.

21         (c)  "District" means the South Florida Water

22  Management District.

23         (d)  "Kissimmee River Restoration Project" means the

24  project identified in the Project Cooperation Agreement

25  between the United States Department of the Army and the South

26  Florida Water Management District dated March 22, 1994.

27         (e)  "Pal-Mar Project" means the Pal-Mar (West Jupiter

28  Wetlands) lands identified in the Save Our Rivers 2000 Land

29  Acquisition and Management Plan approved by the South Florida

30  Water Management District on September 9, 1999, (Resolution

31  99-94).


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                                          HB 2403, First Engrossed



  1         (f)(e)  "Project" means the Central and Southern

  2  Florida Project.

  3         (g)(f)  "Project Component" means any structural or

  4  operational change, resulting from the restudy, to the Central

  5  and Southern Florida Project as it existed and was operated as

  6  of January 1, 1999.

  7         (h)(g)  "Restudy" means the Comprehensive Review Study

  8  of the Central and Southern Florida Project, for which federal

  9  participation was authorized by the federal Water Resources

10  Development Acts of 1992 and 1996 together with related

11  Congressional resolutions and for which participation by the

12  South Florida Water Management District is authorized by this

13  section. The term includes all actions undertaken pursuant to

14  the aforementioned authorizations which will result in

15  recommendations for modifications or additions to the Central

16  and Southern Florida Project.

17         (i)  "Southern CREW Project" means the area described

18  in the Critical Restoration Project Contract C-9906 Southern

19  CREW Project Addition/Imperial River Flowway and approved by

20  the South Florida Water Management District on August 12,

21  1999.

22         (j)(i)  "Ten Mile Creek Project" means the Ten Mile

23  Creek Water Preserve Area identified in the Central and

24  Southern Florida Ecosystem Critical Project Letter Report

25  dated April 13, 1998.

26         (k)(h)  "Water Preserve Areas" means those areas

27  located only within Palm Beach and Broward counties that are

28  designated as Water Preserve Areas, as approved by the South

29  Florida Water Management District Governing Board on September

30  11, 1997, and shall also include all of those lands within

31  Cell 11 of the East Coast Buffer in Broward County as


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                                          HB 2403, First Engrossed



  1  delineated in the boundary survey prepared by Stoner and

  2  Associates, Inc., dated January 31, 2000, SFWMD #10953.

  3         (3)  The Legislature declares that the Kissimmee River

  4  Project, the Ten Mile Creek Project, the Water Preserve Areas,

  5  the Southern CREW Project, the Pal-Mar Project, and the C-111

  6  Project are in the public interest, for a public purpose, and

  7  necessary for the public health and welfare. The governing

  8  board of the district is empowered and authorized to acquire

  9  fee title or easement by eminent domain for the limited

10  purposes of implementing the Kissimmee River Project, the Ten

11  Mile Creek Project, the Water Preserve Areas, the Southern

12  CREW Project, the Pal-Mar Project, and the C-111 Project. Any

13  acquisition of real property, including by eminent domain, for

14  those objectives constitutes a public purpose for which it is

15  in the public interest to expend public funds. Notwithstanding

16  any provision of law to the contrary, such properties shall

17  not be removed from the district's plan of acquisition, and

18  the use of state funds for these properties is authorized. In

19  the absence of willing sellers, any land necessary for

20  implementing the projects in this subsection shall be acquired

21  in accordance with state condemnation law pursuant to chapters

22  73 and 74.

23         Section 25.  Except as otherwise provided herein, this

24  act shall take effect upon becoming a law.

25

26

27

28

29

30

31


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