House Bill 2403e2

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                                         HB 2403, Second 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, Second 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, Second 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, Second 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, Second Engrossed



  1         providing definitions; providing for

  2         acquisition of certain lands by eminent domain

  3         by the South Florida Water Management District;

  4         creating s. 259.037, F.S.; creating the Land

  5         Management Uniform Accounting Council;

  6         providing membership; providing duties and

  7         responsibilities relating to review and

  8         categorization of land management activities,

  9         needs, and costs; providing for accounting

10         procedures; requiring reports; providing

11         effective dates.

12

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

14

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

16  201.15, Florida Statutes, is amended to read:

17         201.15  Distribution of taxes collected.--All taxes

18  collected under this chapter shall be distributed as follows

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

20  215.20(1), except that such service charge shall not be levied

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

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

23  required to pay any amounts relating to the bonds:

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

25  the remaining taxes collected under this chapter shall be used

26  for the following purposes:

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

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

29  obligations, or other amounts payable with respect to

30  Preservation 2000 bonds issued pursuant to s. 375.051 and

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


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                                         HB 2403, Second Engrossed



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

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

  3  amount transferred to the Land Acquisition Trust Fund for such

  4  purposes shall not exceed $300 million in fiscal year

  5  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

  7  fiscal year 2000-2001 and thereafter for Florida Forever

  8  bonds. The annual amount transferred to the Land Acquisition

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

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

11  The limitation on the amount transferred shall be increased by

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

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

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

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

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

17  31, 2030. Except for bonds issued to refund previously issued

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

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

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

21  bonds are issued such bonds is specifically appropriated in

22  the General Appropriations Act. For purposes of refunding

23  Preservation 2000 bonds, amounts designated within this

24  section for Preservation 2000 and Florida Forever bonds may be

25  transferred between the two programs to the extent provided

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

27  The Preservation 2000 bonds and Florida Forever bonds shall be

28  equally and ratably secured by moneys distributable to the

29  Land Acquisition Trust Fund pursuant to this section, except

30  to the extent specifically provided otherwise by the documents

31  authorizing the issuance of the bonds. No moneys transferred


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                                         HB 2403, Second Engrossed



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

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

  3  debt service on the Save Our Coast revenue bonds.

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

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

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

  7  amended to read:

  8         201.15  Distribution of taxes collected.--All taxes

  9  collected under this chapter shall be distributed as follows

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

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

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

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

14  required to pay any amounts relating to the bonds:

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

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

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

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

20  obligations, or other amounts payable with respect to

21  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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

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

25  amount transferred to the Land Acquisition Trust Fund for such

26  purposes shall not exceed $300 million in fiscal year

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

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

29  fiscal year 2000-2001 and thereafter for Florida Forever

30  bonds. The annual amount transferred to the Land Acquisition

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


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                                         HB 2403, Second Engrossed



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

  2  The limitation on the amount transferred shall be increased by

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

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

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

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

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

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

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

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

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

12  bonds are issued such bonds is specifically appropriated in

13  the General Appropriations Act. For purposes of refunding

14  Preservation 2000 bonds, amounts designated within this

15  section for Preservation 2000 and Florida Forever bonds may be

16  transferred between the two programs to the extent provided

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

18  The Preservation 2000 bonds and Florida Forever bonds shall be

19  equally and ratably secured by moneys distributable to the

20  Land Acquisition Trust Fund pursuant to this section, except

21  to the extent specifically provided otherwise by the documents

22  authorizing the issuance of the bonds. No moneys transferred

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

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

25  debt service on the Save Our Coast revenue bonds.

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

27  collected under this chapter shall be paid into the State

28  Treasury and divided equally to the credit of the Department

29  of Environmental Protection Water Quality Assurance Grants and

30  Donations Trust Fund to address water quality impacts

31  associated with nonagricultural nonpoint sources and to the


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                                         HB 2403, Second Engrossed



  1  credit of the Department of Agriculture and Consumer Services

  2  General Inspection Trust Fund to address water quality impacts

  3  associated with agricultural nonpoint sources, respectively.

  4  These funds shall be used for research, development,

  5  demonstration, and implementation of suitable best management

  6  practices or other measures used to achieve water quality

  7  standards in surface waters and water segments identified

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

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

10  management practices and other measures may include cost-share

11  grants, technical assistance, implementation tracking, and

12  conservation leases or other agreements for water quality

13  improvement. The unobligated balance of funds received from

14  the distribution of taxes collected under this chapter to

15  address water quality impacts associated with nonagricultural

16  nonpoint sources shall be excluded when calculating the

17  unobligated balance of the Water Quality Assurance Trust Fund

18  as it relates to the determination of the applicable excise

19  tax rate.

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

21  Statutes, is amended to read:

22         215.618  Bonds for acquisition and improvement of land,

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

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

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

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

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

28  for the purposes of restoration, conservation, recreation,

29  water resource development, or historical preservation, and

30  for capital improvements to lands and water areas that

31  accomplish environmental restoration, enhance public access


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                                         HB 2403, Second Engrossed



  1  and recreational enjoyment, promote long-term management

  2  goals, and facilitate water resource development is hereby

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

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

  5  Florida Forever bonds may also be issued to refund

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

  7  billion limitation on the issuance of Florida Forever bonds

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

  9  of Florida Forever bonds issued may not exceed 20 annual

10  maturities. Preservation 2000 bonds and Florida Forever bonds

11  shall be equally and ratably secured by moneys distributable

12  to the Land Acquisition Trust Fund pursuant to s.

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

14  otherwise by the documents authorizing the issuance of the

15  bonds.

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

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

18  Statutes, are amended to read:

19         163.01  Florida Interlocal Cooperation Act of 1969.--

20         (7)

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

22  any separate legal entity created pursuant to this section and

23  controlled by the municipalities, or counties, or independent

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

25  or more municipality, and one or more county, and one or more

26  independent special district of this state, the membership of

27  which consists or is to consist of municipalities only,

28  counties only, independent special districts only, or any

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

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

31  the purpose of financing or refinancing any capital projects,


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                                         HB 2403, Second Engrossed



  1  exercise all powers in connection with the authorization,

  2  issuance, and sale of bonds. Notwithstanding any limitations

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

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

  5  166, and part I of chapter 159 shall be fully applicable to

  6  any such entity controlled by municipalities or counties or by

  7  one or more municipalities and counties. Notwithstanding any

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

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

10  independent special districts shall be applicable to any such

11  entity controlled by independent special districts. Bonds

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

13  counties, or municipalities, or independent special districts

14  which enter into loan agreements with such entity as provided

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

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

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

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

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

20  independent special districts, any other applicable law.

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

22  counties, or municipalities, or independent special districts,

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

24  counties, and independent special districts, whether or not

25  such counties, or municipalities, or independent special

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

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

28  make loans to municipalities, or counties, or independent

29  special districts or any a combination of municipalities, and

30  counties, and independent special districts with one another

31  for capital projects to be identified subsequent to the


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                                         HB 2403, Second Engrossed



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

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

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

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

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

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

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

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

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

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

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

12  accordance with a specified formula or method of

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

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

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

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

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

18  the governing body of such legal entity and its resolution

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

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

21  government self-insurance fund established under this section

22  may financially guarantee bonds or bond anticipation notes

23  issued or loans made under this subsection.  Bonds issued

24  pursuant to this paragraph may be validated as provided in

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

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

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

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

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

30  Attorney of the Second Judicial Circuit and on the state

31  attorney of each circuit in each county where the public


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                                         HB 2403, Second Engrossed



  1  agencies which were initially a party to the agreement are

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

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

  4  each county where the public agencies which were initially a

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

  6  or municipality, or independent special district pursuant to a

  7  loan agreement as described in this paragraph may be validated

  8  as provided in chapter 75.

  9         (9)

10         (c)  All of the privileges and immunities from

11  liability and exemptions from laws, ordinances, and rules

12  which apply to the municipalities, and counties, and

13  independent special districts of this state apply to the same

14  degree and extent to any separate legal entity, created

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

16  the municipalities, or counties, or independent special

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

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

19  independent special districts of this state, unless the

20  interlocal agreement creating such entity provides to the

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

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

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

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

25  employees, or employees of agents of counties, and

26  municipalities, and independent special districts of this

27  state which are parties to an interlocal agreement creating a

28  separate legal entity pursuant to the provisions of this

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

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

31


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                                         HB 2403, Second Engrossed



  1  interlocal agreement creating such entity provides to the

  2  contrary.

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

  4  253.03, Florida Statutes, is amended, and paragraph (e) is

  5  added to said subsection, to read:

  6         253.03  Board of trustees to administer state lands;

  7  lands enumerated.--

  8         (7)

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

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

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

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

13  impede the restoration of the Everglades, whether pursuant to

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

15  the South Florida Water Management District of their existence

16  and location, including an identification of the footprint of

17  the structures.  This notification will result in issuance to

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

19  reasonable fee established by the district, or the Department

20  of Environmental Protection, as appropriate, to expire on

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

22  Protection, as appropriate, may impose reasonable conditions

23  consistent with existing laws and rules. Where the structures

24  are located on privately owned lands, the landowners must

25  provide the same notification which will result in issuance to

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

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

28  Management District shall submit this notification to the

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

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

31  Florida Water Management District or the Department of


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                                         HB 2403, Second Engrossed



  1  Environmental Protection, as appropriate, shall have the right

  2  to require that the leaseholder remove the structures if the

  3  district determines that the structures or their use are

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

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

  6  who does not provide notification to the South Florida Water

  7  Management District as required under this subsection, shall

  8  be considered illegal and subject to immediate removal.  Any

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

10  1999, without necessary permits and leases from the South

11  Florida Water Management District, or the Department of

12  Environmental Protection, or other local government, as

13  appropriate, shall be considered illegal and subject to

14  removal.

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

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

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

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

19  effective date of this paragraph shall also be considered

20  illegal and subject to immediate removal.

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

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

23  amended to read:

24         259.032  Conservation and Recreation Lands Trust Fund;

25  purpose.--

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

27  agencies or private entities designated to manage lands under

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

29  board of trustees, an individual management plan for each

30  project designed to conserve and protect such lands and their

31  associated natural resources. Private sector involvement in


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                                         HB 2403, Second Engrossed



  1  management plan development may be used to expedite the

  2  planning process.

  3         (b)  Individual management plans required by s.

  4  253.034(5), for parcels over 160 acres, shall be developed

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

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

  7  land managing agency, comanaging entities, local private

  8  property owners, the appropriate soil and water conservation

  9  district, a local conservation organization, and a local

10  elected official.  The advisory group shall conduct at least

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

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

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

14  hearing shall be acceptable and the lead managing agency shall

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

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

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

18  posted on the parcel or project designated for management,

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

20  a scheduled meeting of the local governing body before the

21  actual public hearing.  The management prospectus required

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

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

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

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

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

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

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

29  of leasehold interests to appropriate conservation

30  organizations or governmental entities designated by the Land

31  Acquisition and Management Advisory Council or its successor,


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                                         HB 2403, Second Engrossed



  1  for uses consistent with the purposes of the organizations and

  2  the protection, preservation, conservation, restoration, and

  3  proper management of the lands and their resources. Volunteer

  4  management assistance is encouraged, including, but not

  5  limited to, assistance by youths participating in programs

  6  sponsored by state or local agencies, by volunteers sponsored

  7  by environmental or civic organizations, and by individuals

  8  participating in programs for committed delinquents and

  9  adults.

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

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

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

13  parcel or parcels identified in the annual Conservation and

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

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

16  Department of Environmental Protection shall distribute only

17  75 percent of the acquisition funds to which a budget entity

18  or water management district would otherwise be entitled from

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

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

21  management plans overdue.

22         (e)  Individual management plans shall conform to the

23  appropriate policies and guidelines of the state land

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

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

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

27  and the statutory authority for such use or uses.

28         2.  Key management activities necessary to preserve and

29  protect natural resources and restore habitat, and for

30  controlling the spread of nonnative plants and animals, and

31


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                                         HB 2403, Second Engrossed



  1  for prescribed fire and other appropriate resource management

  2  activities.

  3         3.  A specific description of how the managing agency

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

  5  use fragile, nonrenewable natural and cultural resources.

  6         4.  A priority schedule for conducting management

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

  8  acquired.

  9         5.  A cost estimate for conducting priority management

10  activities, to include recommendations for cost-effective

11  methods of accomplishing those activities.

12         6.  A cost estimate for conducting other management

13  activities which would enhance the natural resource value or

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

15  cost estimate shall include recommendations for cost-effective

16  methods of accomplishing those activities.

17         7.  A determination of the public uses and public

18  access that would be consistent with the purposes for which

19  the lands were acquired.

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

21  each individual management plan for parcels which exceed 160

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

23  Management Advisory Council or its successor, which shall:

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

25  division, review each plan for compliance with the

26  requirements of this subsection and with the requirements of

27  the rules established by the board pursuant to this

28  subsection.

29         2.  Consider the propriety of the recommendations of

30  the managing agency with regard to the future use or

31  protection of the property.


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                                         HB 2403, Second Engrossed



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

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

  3  recommendations as to whether to approve the plan as

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

  5  plan.

  6         (g)  The board of trustees shall consider the

  7  individual management plan submitted by each state agency and

  8  the recommendations of the Land Acquisition and Management

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

10  Lands and shall approve the plan with or without modification

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

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

13  approved individual management plan is subject to termination

14  by the board of trustees.

15

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

17  the water management districts, and each private entity

18  designated to manage lands shall report to the Secretary of

19  Environmental Protection on the progress of funding, staffing,

20  and resource management of every project for which the agency

21  or entity is responsible.

22         (12)

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

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

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

26  completed Preservation 2000 and Florida Forever acquisitions

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

28  taxable value. Population levels shall be determined pursuant

29  to s. 11.031.

30         2.  To all local governments located in eligible

31  counties.


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                                         HB 2403, Second Engrossed



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

  2  operated prison leased to the state has recently been opened

  3  and where privately owned and operated juvenile justice

  4  facilities leased to the state have recently been constructed

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

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

  7  already been appropriated and allocated from the Department of

  8  Correction's budget for the purpose of reimbursing amounts

  9  equal to lost ad valorem taxes.

10  Counties and local governments that did not receive payments

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

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

13  governments would have received payments pursuant to this

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

15  receive retroactive payments for such tax losses.

16

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

18  includes municipalities, the county school board, mosquito

19  control districts, and any other local government entity which

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

21  management district.

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

23  (8), (10), (11), and (12) of section 253.034, Florida

24  Statutes, are amended to read:

25         253.034  State-owned lands; uses.--

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

27  be managed to serve the public interest by protecting and

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

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

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

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


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                                         HB 2403, Second Engrossed



  1  the survival of plant and animal species and the conservation

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

  3  and natural resources shall be managed using a stewardship

  4  ethic that assures these resources will be available for the

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

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

  7  feasible and consistent with the goals of protection and

  8  conservation of natural resources associated with lands held

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

10  Improvement Trust Fund, public land not designated for

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

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

13  strategies shall address public access and enjoyment, resource

14  conservation and protection, ecosystem maintenance and

15  protection, and protection of threatened and endangered

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

17  or endowments may allow the entity agency with management

18  responsibility to enhance its ability to manage these lands.

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

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

21  to carry out the purposes of this section.

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

23  have the following meanings:

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

25  coordinated management of timber, recreation, conservation of

26  fish and wildlife including the release and feeding of

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

28  historic sites, habitat and other biological resources, or

29  water resources so that they are utilized in the combination

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

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


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                                         HB 2403, Second Engrossed



  1  and giving consideration to the relative values of the various

  2  resources.  Where necessary and appropriate for all

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

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

  5  around any areas that which require special protection or have

  6  special management needs.  Such buffers shall not exceed more

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

  8  buffer area may be restricted to provide the necessary

  9  buffering effect desired.  Multiple use in this context

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

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

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

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

14  management plan shall be managed to enhance and conserve the

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

16  state.

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

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

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

20  its management program compatible secondary purposes which

21  will not detract from or interfere with the primary management

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

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

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

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

26  preserves, wildlife management, archaeological or historic

27  sites, or wilderness areas where the maintenance of

28  essentially natural conditions is important.  All submerged

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

30  managed primarily for the maintenance of essentially natural

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


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                                         HB 2403, Second Engrossed



  1  recreation, including hunting and fishing where deemed

  2  appropriate by the managing entity agency.

  3         (3)  In recognition that recreational trails purchased

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

  5  259.105(3)(h)(g) have had historic transportation uses and

  6  that their linear character may extend many miles, the

  7  Legislature intends that when the necessity arises to serve

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

  9  from collisions with automobiles and a preference for the use

10  of overpasses and underpasses to the greatest extent feasible

11  and practical, transportation uses shall be allowed to cross

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

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

14  location and design should consider and mitigate the impact on

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

16  shall be paid based on fair market value.

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

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

19  Trustees of the Internal Improvement Trust Fund shall be

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

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

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

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

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

25  transportation facility. An entity agency managing or leasing

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

27  Improvement Trust Fund may not sublease such lands without

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

29  the Acquisition and Restoration Land Acquisition and

30  Management Advisory Council created in s. 259.035. All

31  management agreements, leases, or other instruments


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                                         HB 2403, Second Engrossed



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

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

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

  4  Management Advisory council is not required to review

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

  6         (5)  Each entity state agency managing conservation

  7  lands owned by the Board of Trustees of the Internal

  8  Improvement Trust Fund shall submit to the Division of State

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

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

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

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

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

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

15  properties, shall specifically describe how the managing

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

17  or otherwise use fragile nonrenewable resources, such as

18  archaeological and historic sites, as well as other fragile

19  resources, including endangered plant and animal species, and

20  provide for the conservation of soil and water resources and

21  for the control and prevention of soil erosion. Land

22  management plans submitted by an entity agency shall include

23  reference to appropriate statutory authority for such use or

24  uses and shall conform to the appropriate policies and

25  guidelines of the state land management plan. All land

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

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

28  parcel, which analysis shall include the potential of the

29  parcel to generate revenues to enhance the management of the

30  parcel.  Additionally, the land management plan shall contain

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


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                                         HB 2403, Second Engrossed



  1  facilitate the restoration or management of these lands.  In

  2  those cases where a newly acquired property has a valid

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

  4  of the property until a formal land management plan is

  5  completed.

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

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

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

  9  successor shall review each plan for compliance with the

10  requirements of this subsection, the requirements of chapter

11  259, and with the requirements of the rules established by the

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

13  successor shall also consider the propriety of the

14  recommendations of the managing entity agency with regard to

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

16  nonrenewable resources, the potential for alternative or

17  multiple uses not recognized by the managing entity agency,

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

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

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

21  board. The council or its successor shall specifically

22  recommend to the board whether to approve the plan as

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

24  plan.

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

26  Trust Fund shall consider the land management plan submitted

27  by each entity state agency and the recommendations of the

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

29  shall approve the plan with or without modification or reject

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

31


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                                         HB 2403, Second Engrossed



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

  2  subject to termination by the board.

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

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

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

  6  253.111, for conservation those lands designated as acquired

  7  for conservation purposes, the board shall make a

  8  determination that the lands are no longer needed for

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

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

11  determination that the lands are no longer needed and may

12  dispose of them by majority vote.

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

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

15  from the Preservation 2000 bonds, the Conservation and

16  Recreation Lands Trust Fund, the Water Management Lands Trust

17  Fund, Environmentally Endangered Lands Program, and the Save

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

19  identified as core parcels or within original project

20  boundaries, shall be deemed to have been acquired for

21  conservation purposes.

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

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

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

25  having been acquired for conservation purposes.  No lands

26  acquired for the following uses use by the Department of

27  Corrections, the Department of Management Services for use as

28  state offices, the Department of Transportation, except those

29  specifically managed for conservation or recreation purposes,

30  or the State University System or State Community College

31  System shall be designated as having been purchased for


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                                         HB 2403, Second Engrossed



  1  conservation purposes, except those specifically managed for

  2  conservation and recreation purposes:  correction and

  3  detention facilities, state office buildings, maintenance

  4  yards, state university or state community colleges campuses,

  5  agricultural field stations or offices, tower sites, trooper

  6  stations and license facilities, laboratories, hospitals, and

  7  clinics.

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

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

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

11  agency shall evaluate and indicate to the board those lands

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

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

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

15  its recommendation as to whether such lands should be disposed

16  of by the board.

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

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

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

20  be reviewed by the council or its successor for its

21  recommendation as to whether such lands should be disposed of

22  by the board.

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

24  lands, the Acquisition and Restoration Council shall review

25  and make recommendations to the board concerning the request

26  for surplusing. The council shall determine whether the

27  request for surplusing is compatible with the resource values

28  of and management objectives for such lands.

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

30  or its successor shall consider whether such lands would be

31  more appropriately owned or managed by the county or other


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                                         HB 2403, Second Engrossed



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

  2  council or its successor shall recommend to the board whether

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

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

  5  The provisions of this paragraph in no way limit the

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

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

  8  days. Permittable uses for such surplus lands may include

  9  public schools; public libraries; fire or law enforcement

10  substations; and governmental, judicial, or recreational

11  centers.  County or local government requests for surplus

12  lands shall be expedited throughout the surplusing process.

13  State agencies shall have the subsequent opportunity to

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

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

16  Surplus properties in which governmental agencies have

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

18  private market.

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

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

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

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

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

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

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

26  which acquires title to lands hereunder for less than fair

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

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

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

30  lands pursuant to this paragraph shall first allow the board

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


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                                         HB 2403, Second Engrossed



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

  2  lands.

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

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

  5  where no monetary consideration was exchanged, the price of

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

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

  8  average of two separate appraisals. The individual or entity

  9  requesting the surplus shall select and use appraisers from

10  the list of approved appraisers maintained by the Division of

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

12  individual or entity requesting the surplus is to incur all

13  costs of the appraisals.

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

15  council or its successor, the board shall determine whether

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

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

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

19  lands.

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

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

22  submitted to the lead managing agency for review and

23  recommendation to the council or its successor.  Lead managing

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

25  recommendations. Any surplusing requests that have not been

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

27  scheduled for hearing at the next regularly scheduled meeting

28  of the council or its successor. Requests for surplusing

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

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

31


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                                         HB 2403, Second Engrossed



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

  2  pursuant to this subsection shall be deposited into the fund

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

  4  which the lands were originally acquired no longer exists,

  5  such proceeds shall be deposited into an appropriate account

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

  7  assigned the lands prior to the lands being declared surplus

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

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

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

11  disposition would have the effect of causing all or any

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

13  the exclusion from gross income for federal income tax

14  purposes.

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

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

17  by the council or its successor.

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

19  the Department of Corrections, the Department of Juvenile

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

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

22  the provisions for review by the council or its successor

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

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

25  90 days at the administrative offices of the parcel or project

26  affected by the management plan and at the Tallahassee offices

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

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

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

30  Trustees of the Internal Improvement Trust Fund for

31  consideration. The Board of Trustees of the Internal


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                                         HB 2403, Second Engrossed



  1  Improvement Trust Fund shall approve the plan with or without

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

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

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

  5         (10)  The following additional uses of conservation

  6  lands acquired pursuant to the Florida Forever program and

  7  other state-funded conservation land purchase programs shall

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

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

10  resource development projects, water supply development

11  projects, stormwater management projects, linear facilities,

12  and sustainable agriculture and forestry.  Such additional

13  uses are authorized where:

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

15  lands;

16         (b)  Compatible with the natural ecosystem and resource

17  values of such lands;

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

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

20  available lands;

21         (d)  The using entity reasonably compensates the

22  titleholder for such use based upon an appropriate measure of

23  value; and

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

25         (11)  The Acquisition and Restoration Council shall

26  review proposed uses of conservation lands and shall recommend

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

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

29  reject the proposed use. After reviewing the recommendations

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

31  approve the proposed use as submitted, approve the proposed


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                                         HB 2403, Second Engrossed



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

  2  by the board of trustees pursuant to this section subsection

  3  shall be given a presumption of correctness. Moneys received

  4  from the use of state lands pursuant to this section

  5  subsection shall be returned to the lead managing entity

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

  7         (12)(11)  Lands listed as projects for acquisition may

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

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

10  purchase in accordance with a contractual arrangement between

11  the acquiring agency and the private party that may include

12  management service contracts, leases, cost-share arrangements

13  or resource conservation agreements.  Lands designated as

14  eligible under this subsection shall be managed to maintain or

15  enhance the resources the state is seeking to protect by

16  acquiring the land.  Funding for these contractual

17  arrangements may originate from the documentary stamp tax

18  revenue deposited into the Conservation and Recreation Lands

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

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

21  be expended for this purpose.

22         (13)(12)  Any lands available to governmental

23  employees, including water management district employees, for

24  hunting or other recreational purposes shall also be made

25  available to the general public for such purposes.

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

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

28  amended to read:

29         259.0345  Florida Forever Advisory Council.--

30         (1)

31


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                                         HB 2403, Second Engrossed



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

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

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

  4  minimum, meet twice a year.

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

  6  November 1, 2000, to the Secretary of Environmental

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

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

  9  trustees, the secretary shall forward the approved report to

10  the President of the Senate and the Speaker of the House of

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

12  the 2001 Regular Legislative Session, for review by the

13  appropriate substantive legislative committee from which the

14  Florida Forever Act originated, or its successor committees

15  with jurisdiction over the department.  The Legislature may

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

17  performance measures established by the report.  If no action

18  is taken, the goals and performance measures shall be

19  implemented.  The report shall meet the following requirements

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

21  259.105(3)(b):

22         (a)  Establish specific goals for those identified in

23  s. 259.105(4).

24         (b)  Provide recommendations expanding or refining the

25  goals identified in s. 259.105(4).

26         (c)  Identify specific performance measures that may be

27  used to analyze progress towards the goals established.

28         (c)  Provide recommendations for the development and

29  identification of performance measures to be used for

30  analyzing the progress made towards the goals established

31  pursuant to s. 259.105(4).


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                                         HB 2403, Second Engrossed



  1         (d)  Provide recommendations for the process by which

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

  3  Acquisition and Restoration Council. The advisory council is

  4  to specifically examine ways to streamline the process created

  5  by the Florida Forever Act.

  6

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

  8  the council may identify other recommendations concerning the

  9  implementation of Florida Forever. These recommendations shall

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

11         Section 9.  Section 259.035, Florida Statutes, as

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

13  read:

14         259.035  Acquisition and Restoration Council.--

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

16  Acquisition and Restoration Council.

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

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

19  These four appointees shall be from scientific disciplines

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

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

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

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

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

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

26  appointed under this paragraph.

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

28  the Secretary of Environmental Protection the department, the

29  director of the Division of Forestry of the Department of

30  Agriculture and Consumer Services, the executive director of

31  the Fish and Wildlife Conservation Commission, the director of


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                                         HB 2403, Second Engrossed



  1  the Division of Historical Resources of the Department of

  2  State, and the Secretary of the Department of Community

  3  Affairs, or their respective designees.

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

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

  6  members.

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

  8  request of the chair.

  9         (e)  The Department of Environmental Protection shall

10  provide primary staff support to the council and shall ensure

11  that council meetings are electronically recorded.  Such

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

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

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

15  the provisions of this section.

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

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

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

19  travel, including attendance at meetings, as allowed state

20  officers and employees while in the performance of their

21  duties, pursuant to s. 112.061.

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

23  of trustees in reviewing the recommendations and plans for

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

25  The council shall, in reviewing such recommendations and

26  plans, consider the optimization of multiple-use and

27  conservation strategies to accomplish the provisions funded

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

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

30  Conservation and Recreation Lands list approved by the board

31  of trustees in the year 2000.


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                                         HB 2403, Second Engrossed



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

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

  3  recommends amendments to such rules to competitively evaluate,

  4  select, and rank projects eligible for the Conservation and

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

  6  259.101(4) and, beginning no later than May 1, 2001, for

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

  8  developing or amending such rules, the council shall give

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

10  trustees shall review such recommendations and shall adopt

11  rules necessary to implement this section.

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

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

14  proposed project on a list developed pursuant to subsection

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

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

17  proposed project shall declare such interest prior to voting

18  for its inclusion on a list.

19         (6)  All proposals for projects pursuant to this

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

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

22  The council shall consider and evaluate in writing the merits

23  and demerits of each project that is proposed for Conservation

24  and Recreation Lands, Florida Preservation 2000, or Florida

25  Forever funding and shall ensure that each proposed project

26  will meet a stated public purpose for the restoration,

27  conservation, or preservation of environmentally sensitive

28  lands and water areas or for providing outdoor recreational

29  opportunities. The council also shall determine if the project

30  conforms, where applicable, with the comprehensive plan

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


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                                         HB 2403, Second Engrossed



  1  multipurpose outdoor recreational plan developed pursuant to

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

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

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

  5  259.101, or s. 259.105, whichever are applicable.

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

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

  8  Statutes, are amended to read:

  9         259.101  Florida Preservation 2000 Act.--

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

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

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

13  issued pursuant to this act shall be deposited into the

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

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

16  Preservation 2000 Trust Fund shall be distributed by the

17  Department of Environmental Protection to the Department of

18  Environmental Protection for the purchase by the South Florida

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

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

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

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

23  $20 million per year from the proceeds of any bonds deposited

24  into the Florida Preservation 2000 Trust Fund shall be

25  distributed by the Department of Environmental Protection to

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

27  lands necessary to restore Lake Apopka. The remaining proceeds

28  shall be distributed by the Department of Environmental

29  Protection in the following manner:

30         (a)  Fifty percent to the Department of Environmental

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


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                                         HB 2403, Second Engrossed



  1  259.032.  Of this 50 percent, at least one-fifth shall be used

  2  for the acquisition of coastal lands.

  3         (b)  Thirty percent to the Department of Environmental

  4  Protection for the purchase of water management lands pursuant

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

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

  7  district may also be used for acquisition of lands necessary

  8  to implement surface water improvement and management plans

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

10  lands necessary to implement the Everglades Construction

11  Project authorized by s. 373.4592.

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

13  to provide land acquisition grants and loans to local

14  governments through the Florida Communities Trust pursuant to

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

16  $3 million annually shall be used by the Division of State

17  Lands within the Department of Environmental Protection to

18  implement the Green Swamp Land Protection Initiative Authority

19  specifically for the purchase of conservation easements

20  through land protection agreements, as defined in s.

21  380.0677(4)(5), of lands, or severable interests or rights in

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

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

24  be used by the Monroe County Comprehensive Plan Land Authority

25  specifically for the purchase of any real property interest in

26  either those lands subject to the Rate of Growth Ordinances

27  adopted by local governments in Monroe County or those lands

28  within the boundary of an approved Conservation and Recreation

29  Lands project located within the Florida Keys or Key West

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

31  acquired within the boundary of an approved Conservation and


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                                         HB 2403, Second Engrossed



  1  Recreation Lands project may, in accordance with an approved

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

  3  the Internal Improvement Trust Fund.  Of the remaining funds

  4  allocated to the trust after the above transfers occur,

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

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

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

  8  expend Preservation 2000 funds to carry out the purposes of

  9  part III of chapter 380.

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

11  Environmental Protection for the purchase of inholdings and

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

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

14  jurisdiction of the Division of Recreation and Parks of the

15  department, or which may come under its jurisdiction.

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

17  Forestry of the Department of Agriculture and Consumer

18  Services to fund the acquisition of state forest inholdings

19  and additions pursuant to s. 589.07.

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

21  Wildlife Conservation Game and Fresh Water Fish Commission to

22  fund the acquisition of inholdings and additions to lands

23  managed by the commission which are important to the

24  conservation of fish and wildlife.

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

26  Environmental Protection for the Florida Greenways and Trails

27  Program, to acquire greenways and trails or greenways and

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

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

30  National Scenic Trail.

31


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                                         HB 2403, Second Engrossed



  1  Local 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  the purposes described in this subsection.  Bond proceeds

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

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

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

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

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

11  or rights or interests therein, acquired by either the

12  Southwest Florida Water Management District or the St. Johns

13  River Water Management District in furtherance of the Green

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

15  shall be vested in the district where the acquisition project

16  is located.  Title to lands purchased pursuant to paragraph

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

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

19  to land protection agreements and conservation easements that

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

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

22  by either the Southwest Florida Water Management District and

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

24  such agreements and easements, within their respective

25  districts, until the state assumes this responsibility. in

26  furtherance of the Green Swamp Land Authority's mission

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

28  where the acquisition project is located.  This subsection is

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

30  Legislature shall review the provisions scheduled for repeal

31


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                                         HB 2403, Second Engrossed



  1  and shall determine whether to reenact or modify the

  2  provisions or to take no action.

  3         (9)

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

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

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

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

  8  Preservation 2000 account for more than 3 fiscal years shall

  9  be redistributed equally to the Department of Environmental

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

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

12  Management District P2000 sub account for the purchase of

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

14  373.59. For the purposes of this subsection, the term

15  "unencumbered balances" means the portion of Preservation 2000

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

17  purchase contract between a public agency and a private

18  landowner, except that the program described in paragraph

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

20  which remain unobligated because of extraordinary

21  circumstances that hampered the affected local governments'

22  abilities to close on land acquisition projects approved

23  through the Florida Communities Trust program. Extraordinary

24  circumstances shall be determined by the Florida Communities

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

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

27  designation of the property; natural disasters that affected a

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

29  such property; or any other condition that the Florida

30  Communities Trust governing board determined to be

31  extraordinary. The portion of the funds redistributed in the


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                                         HB 2403, Second Engrossed



  1  Water Management District P2000 sub account shall be

  2  distributed to the water management districts as provided in

  3  s. 373.59(8).

  4         2.  The department and the water management districts

  5  may enter into joint acquisition agreements to jointly fund

  6  the purchase of lands using alternatives to fee simple

  7  techniques.

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

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

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

11  carried forward to the subsequent fiscal year.

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

13  following the final authorization of Preservation 2000 bonds.

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

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

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

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

18         259.105  The Florida Forever Act.--

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

20  reserve accounts and other costs associated with bonds, the

21  proceeds of bonds issued pursuant to this section shall be

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

23  259.1051. The proceeds shall be distributed by the Department

24  of Environmental Protection in the following manner:

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

26  Environmental Protection for the acquisition of lands and

27  capital project expenditures necessary to implement the water

28  management districts' priority lists developed pursuant to s.

29  373.199.  The funds are to be distributed to the water

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

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


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                                         HB 2403, Second Engrossed



  1  life of the Florida Forever program pursuant to this paragraph

  2  shall be used for the acquisition of lands.

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

  4  Environmental Protection for the acquisition of lands and

  5  capital project expenditures described in this section. Of the

  6  proceeds distributed pursuant to this paragraph, it is the

  7  intent of the Legislature that an increased priority be given

  8  to those acquisitions which achieve a combination of

  9  conservation goals, including protecting Florida's water

10  resources and natural groundwater recharge. Capital project

11  expenditures may not exceed 10 percent of the funds allocated

12  pursuant to this paragraph.

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

14  of Community Affairs for use by the Florida Communities Trust

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

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

17  nonprofit environmental organizations that are tax exempt

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

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

20  spaces, parks, and greenways to implement local government

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

22  percent shall be transferred annually to the Land Acquisition

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

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

25  percent shall be matched by local governments on a

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

27  Florida Communities Trust emphasize funding projects in

28  low-income or otherwise disadvantaged communities.  At least

29  30 Thirty percent of the total allocation provided to the

30  trust shall be used in Standard Metropolitan Statistical

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


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                                         HB 2403, Second Engrossed



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

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

  3  open spaces within congested urban core areas.  From funds

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

  5  to acquire lands for recreational trail systems, provided that

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

  7  they will be available for other trust projects.  Local

  8  governments may use federal grants or loans, private

  9  donations, or environmental mitigation funds, including

10  environmental mitigation funds required pursuant to s.

11  338.250, for any part or all of any local match required for

12  acquisitions funded through the Florida Communities Trust.

13  Any lands purchased by nonprofit organizations using funds

14  allocated under this paragraph must provide for such lands to

15  remain permanently in public use through a reversion of title

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

17  appropriate mechanism.  Projects funded with funds allocated

18  to the Trust shall be selected in a competitive process

19  measured against criteria adopted in rule by the Trust.

20         (d)  Two percent to the Department of Environmental

21  Protection for grants pursuant to s. 375.075.

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

23  of Environmental Protection for the purchase of inholdings and

24  additions to state parks and for capital project expenditures

25  as described in this section. Capital project expenditures may

26  not exceed 10 percent of the funds allocated under this

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

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

29  jurisdiction of the Division of Recreation and Parks of the

30  department, or which may come under its jurisdiction.

31


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                                         HB 2403, Second Engrossed



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

  2  Forestry of the Department of Agriculture and Consumer

  3  Services to fund the acquisition of state forest inholdings

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

  5  reforestation plans or sustainable forestry management

  6  practices, and for capital project expenditures as described

  7  in this section. Capital project expenditures may not exceed

  8  10 percent of the funds allocated under this paragraph.

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

10  Wildlife Conservation Commission to fund the acquisition of

11  inholdings and additions to lands managed by the commission

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

13  and for capital project expenditures as described in this

14  section.  Capital project expenditures may not exceed 10

15  percent of the funds allocated under this paragraph.

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

17  of Environmental Protection for the Florida Greenways and

18  Trails Program, to acquire greenways and trails or greenways

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

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

21  National Scenic Trail, and for capital project expenditures as

22  described in this section.  Capital project expenditures may

23  not exceed 10 percent of the funds allocated under this

24  paragraph.

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

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

27  develop their individual acquisition or restoration lists.

28  Proposed additions may be acquired if they are identified

29  within the original project boundary, the management plan

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

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


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                                         HB 2403, Second Engrossed



  1  additions not meeting the requirements of this paragraph shall

  2  be submitted to the Acquisition and Restoration Council for

  3  approval.  The council may only approve the proposed addition

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

  5  link or corridor to other publicly owned property; enhances

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

  7  desirable resource to the property; would create a more

  8  manageable boundary configuration; has a high resource value

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

10  less than fair market value.

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

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

13  contribute to the achievement of the following goals:

14         (p)  Ensure that sufficient quantities of water are

15  available to meet current and future needs of the natural

16  system and citizens of the state, as measured by

17  implementation of the water resource development component of

18  the district water management plan developed pursuant to s.

19  373.036 or the appropriate regional water supply plan

20  developed pursuant to s. 373.0361.

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

22  and archaeological sites as measured by the number of sites

23  acquired.

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

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

26  coastline acquired.

27         (s)  An increase in the protection of significant

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

29  lands acquired to buffer them.

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

31  every year thereafter, the Acquisition and Restoration Council


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                                         HB 2403, Second Engrossed



  1  shall accept applications from state agencies, local

  2  governments, nonprofit and for-profit organizations, private

  3  land trusts, and individuals for project proposals eligible

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

  5  evaluate the proposals received pursuant to this subsection to

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

  7  subsection (9).

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

  9  the following:

10         1.  A minimum of two numeric performance measures that

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

12  Each performance measure shall include a baseline measurement,

13  which is the current situation; a performance standard which

14  the project sponsor anticipates the project will achieve; and

15  the performance measurement itself, which should reflect the

16  incremental improvements the project accomplishes towards

17  achieving the performance standard.

18         2.  Proof that property owners within any proposed

19  acquisition have been notified of their inclusion in the

20  proposed project.  Any property owner may request the removal

21  of such property from further consideration by submitting a

22  request to the project sponsor or the Acquisition and

23  Restoration Council by certified mail. Upon receiving this

24  request, the council shall delete the property from the

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

26  it votes to approve the proposed project lists pursuant to

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

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

29  such property is critical to achieve the purposes of the

30  project.

31


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                                         HB 2403, Second Engrossed



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

  2  shall vest in the Board of Trustees of the Internal

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

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

  5  district and lands acquired by a local government shall vest

  6  in the name of the purchasing local government.

  7         (9)  The Acquisition and Restoration Council shall

  8  recommend rules for adoption by the board of trustees develop

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

10  eligible for Florida Forever funds pursuant to paragraph

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

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

13  developing these proposed rules, this rule the Acquisition and

14  Restoration Council shall give weight to the following

15  criteria:

16         (a)  The project meets multiple goals described in

17  subsection (4).

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

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

20  resources.

21         (c)  The project enhances or facilitates management of

22  properties already under public ownership.

23         (d)  The project has significant archaeological or

24  historic value.

25         (e)  The project has funding sources that are

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

27  the project.

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

29  resource problems on a regional basis.

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

31  area in imminent danger of development, in imminent danger of


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                                         HB 2403, Second Engrossed



  1  losing its significant natural attributes or recreational open

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

  3  in multiple ownership and make acquisition of the project

  4  costly or less likely to be accomplished.

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

  6  developed by an ecosystem management team.

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

  8  Everglades restoration effort.

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

10  appraised value.

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

12  using alternatives to fee simple, including but not limited

13  to, purchase of development rights, hunting rights,

14  agricultural or silvicultural rights, or mineral rights;

15  obtaining conservation easements or flowage easements; or use

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

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

18  public agencies, nonprofit organizations, or private entities,

19  or by a public-private partnership.

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

21  this section, the Acquisition and Restoration Council shall

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

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

24  of Trustees of the Internal Improvement Trust Fund for

25  approval a listing of projects developed pursuant to

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

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

28  add projects or rearrange project rankings.

29         (16)  All proposals for projects pursuant to paragraph

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

31  by the Acquisition and Restoration Council and approved by the


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                                         HB 2403, Second Engrossed



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

  2  writing the merits and demerits of each project that is

  3  proposed for Florida Forever funding and each proposed

  4  addition to the Conservation and Recreation Lands list

  5  program. The council shall ensure that each proposed Florida

  6  Forever project will meet a stated public purpose for the

  7  restoration, conservation, or preservation of environmentally

  8  sensitive lands and water areas or for providing outdoor

  9  recreational opportunities and that each proposed addition to

10  the Conservation and Recreation Lands list will meet the

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

12  259.101(4).  The council also shall determine if the project

13  or addition conforms, where applicable, with the comprehensive

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

15  multipurpose outdoor recreation plan developed pursuant to s.

16  375.021, the state lands management plan adopted pursuant to

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

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

19         (18)  The Acquisition and Restoration Council shall may

20  recommend adoption of rules by the board of trustees necessary

21  to implement the provisions of this section relating to:

22  solicitation, scoring, selecting, and ranking of Florida

23  Forever project proposals; disposing of or leasing lands or

24  water areas selected for funding through the Florida Forever

25  program; and the process of reviewing and recommending for

26  approval or rejection the land management plans associated

27  with publicly owned properties. Rules promulgated pursuant to

28  this subsection shall be submitted to the President of the

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

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

31  2001 2000 Regular Session and shall become effective only


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                                         HB 2403, Second Engrossed



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

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

  3  board of trustees council shall conform such rules to changes

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

  5  Legislature, such rules shall become effective.

  6         (20)  The Acquisition and Restoration Council, as

  7  successors to the Land Acquisition and Management Advisory

  8  Council, shall have the authority to amend existing

  9  Conservation and Recreation Lands projects and to add to or

10  delete from the year 2000 Conservation and Recreation Lands

11  list until funding for the Conservation and Recreation Lands

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

13  Conservation and Recreation Lands list shall be reported to

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

15  developed pursuant to subsection (15).

16         Section 12.  Section 260.018, Florida Statutes, is

17  amended to read:

18         260.018  Agency recognition.--All agencies of the

19  state, regional planning councils through their comprehensive

20  plans, and local governments through their local comprehensive

21  planning process pursuant to chapter 163 shall recognize the

22  special character of publicly owned lands and waters

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

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

25  Identification of lands or waterways in planning materials,

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

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

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

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

30  system of or greenways and trails pursuant to s.

31  260.016(2)(d).


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                                         HB 2403, Second Engrossed



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

  2  373.139, Florida Statutes, are amended to read:

  3         373.139  Acquisition of real property.--

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

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

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

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

  8  water storage, water management, conservation and protection

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

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

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

12  real property for flood control and water storage or for

13  curing title defects or encumbrances to real property to be

14  acquired from a willing seller.

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

16  modifications or additions thereto shall be adopted by each

17  water management district after a public hearing. Each water

18  management district shall provide at least 14 days' advance

19  notice of the hearing date and shall provide separate notice

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

21  proposed work plan project or project modification or addition

22  is located.

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

24  public hearing similar to those held pursuant to the

25  provisions set forth in s. 120.54.

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

27  and counteroffers are confidential and exempt from the

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

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

30  before a contract or agreement for purchase is considered for

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


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                                         HB 2403, Second Engrossed



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

  2  landowners during negotiations for acquisitions using

  3  alternatives to fee simple techniques, if the district

  4  determines that disclosure of such reports will bring the

  5  proposed acquisition to closure. In the event that negotiation

  6  is terminated by the district, the title information,

  7  appraisal report, offers, and counteroffers shall become

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

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

10  Division of State Lands may share and disclose title

11  information, appraisal reports, appraisal information, offers,

12  and counteroffers when joint acquisition of property is

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

14  maintain the confidentiality of such title information,

15  appraisal reports, appraisal information, offers, and

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

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

18  the division have exercised discretion to disclose such

19  information.

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

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

22  district for preacquisition costs within 30 days after receipt

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

24  which identifies and justifies any such preacquisition costs

25  necessary for the purchase of any lands listed in the

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

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

28  resolution, and the department shall deposit the unused funds

29  into the appropriate account or trust fund.

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

31  release acquisition moneys from the appropriate account or


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                                         HB 2403, Second Engrossed



  1  trust fund to a district following receipt of a resolution

  2  adopted by the governing board identifying the lands being

  3  acquired and certifying that such acquisition is consistent

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

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

  6  Secretary of Environmental Protection a copy of all certified

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

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

  9  appraisal.  Two appraisals are required when the estimated

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

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

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

13  than the appraisal price, the governing board shall submit

14  written justification for the increased price.  The Secretary

15  of Environmental Protection may withhold moneys for any

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

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

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

19  and Water Adjudicatory Commission pursuant to s. 373.114.

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

21  373.1391, Florida Statutes, is amended to read:

22         373.1391  Management of real property.--

23         (1)

24         (c)  In developing or reviewing land management plans

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

26  management districts, that issue shall be forwarded to the

27  Secretary of Environmental Protection who shall submit it to

28  the Acquisition and Restoration Florida Forever Advisory

29  Council.

30

31


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                                         HB 2403, Second Engrossed



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

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

  3  amended to read:

  4         373.199  Florida Forever Water Management District Work

  5  Plan.--

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

  7  district shall:

  8         (a)  Integrate its existing surface water improvement

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

10  stormwater management projects, proposed water resource

11  development projects, proposed water body restoration

12  projects, proposed capital improvement projects necessary to

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

14  other properties or activities that would assist in meeting

15  the goals of Florida Forever.

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

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

18  the House of Representatives, Legislature and the Secretary of

19  Environmental Protection the initial 5-year work plan as

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

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

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

23  Secretary of Environmental Protection a report of acquisitions

24  completed during the year together with modifications or

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

26  shall be:

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

28  property or project area owned by the water management

29  district.

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

31  compensation received.


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                                         HB 2403, Second Engrossed



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

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

  3  259.105, or s. 373.59, for which the district is responsible.

  4

  5  The secretary shall submit the report required pursuant to

  6  this subsection to the Board of Trustees of the Internal

  7  Improvement Trust Fund together along with the Acquisition and

  8  Restoration Council's project list as the Florida Forever

  9  report required under s. 259.105.

10         Section 16.  Section 373.1995, Florida Statutes, is

11  created to read:

12         373.1995  Florida Forever performance measures.--The

13  five water management districts shall jointly provide a report

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

15  Protection, which shall establish specific goals and

16  performance measures that may be used to analyze activities

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

18  minimum, be based on those goals and performance measures

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

20  report to the Board of Trustees of the Internal Improvement

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

22  trustees, the secretary shall forward the approved report to

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

24  Representatives, prior to the beginning of the 2001 Regular

25  Legislative Session, for review by the substantive legislative

26  committee from which the Florida Forever Act originated, or

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

28  action relative to the goals and performance measures

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

30  and performance measures established in the report shall be

31  implemented.


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                                         HB 2403, Second Engrossed



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

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

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

  4  section, to read:

  5         373.59  Water Management Lands Trust Fund.--

  6         (1)  There is established within the Department of

  7  Environmental Protection the Water Management Lands Trust Fund

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

  9  section. The moneys in this fund are hereby continually

10  appropriated for the purposes of land acquisition, management,

11  maintenance, capital improvements of land titled to the

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

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

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

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

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

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

18  of administration shall be charged proportionally against each

19  district's allocation using the formula provided in subsection

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

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

22  invasive exotic species, controlled burning, habitat inventory

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

24  minimal public accommodations, such as primitive campsites,

25  garbage receptacles, and toilets.

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

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

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

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

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

31  tax losses incurred as a result of governing board


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                                         HB 2403, Second Engrossed



  1  acquisitions for water management districts pursuant to ss.

  2  259.101, 259.105, and 373.59 under the Florida Forever program

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

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

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

  6  of this section.

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

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

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

10  Preservation 2000 and Florida Forever acquisitions in the

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

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

13  11.031.

14         2.  To all local governments located in eligible

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

16  rolls.

17

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

19  includes municipalities, the county school board, mosquito

20  control districts, and any other local government entity which

21  levies ad valorem taxes.

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

23  the event that such properties otherwise eligible for payment

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

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

26  of taxes shall commence or recommence upon the expiration or

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

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

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

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

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


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                                         HB 2403, Second Engrossed



  1  such termination, without limiting the requirement that ten

  2  annual payments shall be made on the remaining portion or

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

  4         (h)  The districts are authorized to make retroactive

  5  payments to counties and local governments that did not

  6  receive payments in lieu of taxes for lands purchased pursuant

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

  8  counties and local governments would have received said

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

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

11  Statutes, is amended to read:

12         375.075  Outdoor recreation; financial assistance to

13  local governments.--

14         (1)  The Department of Environmental Protection is

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

16  Recreation Development Assistance Program to provide grants to

17  qualified local governmental entities to acquire or develop

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

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

20  375.051, each fiscal year through fiscal year 2000-2001, the

21  department shall develop and plan a program which shall be

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

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

24  201.15(2) and (3) in that year. Beginning fiscal year

25  2001-2002, the department shall develop and plan a program

26  which shall be based upon the cumulative total of funding

27  provided from this section and from the Florida Forever Trust

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

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

30  Florida Statutes, is amended to read:

31


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                                         HB 2403, Second Engrossed



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

  2  the powers necessary or convenient to carry out the purposes

  3  and provisions of this part, including:

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

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

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

  7  adopt rules governing the acquisition of lands by local

  8  governments or the trust using proceeds from the Preservation

  9  2000 Trust Fund and the Florida Forever Trust Fund, consistent

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

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

12  to, procedures for appraisals and confidentiality consistent

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

14  method of determining a maximum purchase price, and procedures

15  to assure that the land is acquired in a voluntarily

16  negotiated transaction, surveyed, conveyed with marketable

17  title, and examined for hazardous materials contamination.

18  Land acquisition procedures of a local land authority created

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

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

21  259.105 if within areas of critical state concern designated

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

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

24  Statutes, is amended to read:

25         380.510  Conditions of grants and loans.--

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

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

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

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

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

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


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                                         HB 2403, Second Engrossed



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

  2  other conditions set forth in this section, the disbursement

  3  of Preservation 2000 and Florida Forever funds from the trust

  4  shall be subject to the following conditions:

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

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

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

  8  conditions imposed thereon by the agency of the state

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

10  in the Preservation 2000 Trust Fund and the Florida Forever

11  Trust Fund, including restrictions imposed to ensure that the

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

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

14  of such bonds for federal income tax purposes.

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

16  property acquired with funds received by the trust from the

17  Preservation 2000 Trust Fund shall contain such covenants and

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

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

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

21  respect to any real property acquired with funds received by

22  the trust from the Florida Forever Trust Fund shall contain

23  such covenants and restrictions as are sufficient to ensure

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

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

26  lease shall contain a reversion, conveyance, or termination

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

28  Internal Improvement Trust Fund if any of the covenants or

29  restrictions are violated by the titleholder or leaseholder or

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

31  leaseholder.


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                                         HB 2403, Second Engrossed



  1         Section 21.  Notwithstanding the provisions of s.

  2  259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter

  3  92-288, Laws of Florida), regarding the set-aside of funds for

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

  5  million from funds previously approved is hereby designated to

  6  the City of Apalachicola for land acquisition associated with

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

  8  City's sewer improvement program. This appropriation is

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

10  determination by the Department of Community Affairs that the

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

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

13  matching funds for the approved project.

14         Section 22.  Paragraph (e) of subsection (10) and

15  paragraph (c) of subsection (11) of section 259.032, Florida

16  Statutes, are amended to read:

17         259.032  Conservation and Recreation Lands Trust Fund;

18  purpose.--

19         (10)

20         (e)  Individual management plans shall conform to the

21  appropriate policies and guidelines of the state land

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

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

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

25  and the statutory authority for such use or uses.

26         2.  Key management activities necessary to preserve and

27  protect natural resources and restore habitat, and for

28  controlling the spread of nonnative plants and animals, and

29  for prescribed fire and other appropriate resource management

30  activities.

31


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                                         HB 2403, Second Engrossed



  1         3.  A specific description of how the managing agency

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

  3  use fragile, nonrenewable natural and cultural resources.

  4         4.  A priority schedule for conducting management

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

  6  acquired and on the categories adopted by the Land Management

  7  Uniform Accounting Council pursuant to s. 259.037.

  8         5.  A cost estimate for conducting priority management

  9  activities, to include recommendations for cost-effective

10  methods of accomplishing those activities, based on the

11  categories adopted by the Land Management Uniform Accounting

12  Council pursuant to s. 259.037.

13         6.  A cost estimate for conducting other management

14  activities which would enhance the natural resource value or

15  public recreation value for which the lands were acquired,

16  based on the categories adopted by the Land Management Uniform

17  Accounting Council pursuant to s. 259.037. The cost estimate

18  shall include recommendations for cost-effective methods of

19  accomplishing those activities.

20         7.  A determination of the public uses and public

21  access that would be consistent with the purposes for which

22  the lands were acquired.

23

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

25  the water management districts, and each private entity

26  designated to manage lands shall report to the Secretary of

27  Environmental Protection on the progress of funding, staffing,

28  and resource management of every project for which the agency

29  or entity is responsible.

30         (11)

31


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                                         HB 2403, Second Engrossed



  1         (c)  Due to limited resources for management of

  2  state-owned lands and the possible deterioration to the

  3  natural resource values and capital investments on state lands

  4  through inadequate management of lands, in requesting funds

  5  provided for in paragraph (b), state agencies shall prioritize

  6  for immediate, intermediate, and long-term management of all

  7  acquisitions pursuant to this chapter and for associated

  8  contractual services.  When prioritizing management

  9  activities, agencies shall consider routine and special

10  one-time management needs., The managing agencies shall

11  recognize the following categories of land management needs:

12         1.  Immediate land management needs, within 1 to 2

13  years, to prevent the threat of significant loss of natural

14  resource values or significant increases in repair costs to

15  capital facilities.

16         2.  Intermediate land management needs, within 3 to 4

17  years, to prevent the threat of loss of natural resource

18  values or the increase in repair costs to capital facilities.

19         3.  Long-term land management needs, within 5 to 6

20  years, to prevent the eventual threat of loss of natural

21  resource values or the increase in repair costs to capital

22  facilities.

23         1.  Lands which are low-need tracts, requiring basic

24  resource management and protection, such as state reserves,

25  state preserves, state forests, and wildlife management areas.

26  These lands generally are open to the public but have no more

27  than minimum facilities development.

28         2.  Lands which are moderate-need tracts, requiring

29  more than basic resource management and protection, such as

30  state parks and state recreation areas.  These lands generally

31  have extra restoration or protection needs, higher


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                                         HB 2403, Second Engrossed



  1  concentrations of public use, or more highly developed

  2  facilities.

  3         3.  Lands which are high-need tracts, with identified

  4  needs requiring unique site-specific resource management and

  5  protection. These lands generally are sites with historic

  6  significance, unique natural features, or very high intensity

  7  public use, or sites that require extra funds to stabilize or

  8  protect resources, such as lands with heavy infestations of

  9  nonnative, invasive plants.

10

11  In evaluating the management funding needs of lands based on

12  the above categories, the lead land managing agencies shall

13  include in their considerations the impacts of, and needs

14  created or addressed by, multiple-use management strategies.

15  Land management agencies shall demonstrate how land management

16  activities are contributing to meeting of performance measures

17  developed pursuant to s. 259.0345(7)(c).

18         Section 23.  Section 259.037, Florida Statutes, is

19  created to read:

20         259.037  Land Management Uniform Accounting Council.--

21         (1)  The Land Management Uniform Accounting Council is

22  created within the Department of Environmental Protection and

23  shall consist of the director of the Division of State Lands,

24  the director of the Division of Recreation and Parks, the

25  director of the Office of Coastal and Aquatic Managed Areas,

26  and the director of the Office of Greenways and Trails of the

27  Department of Environmental Protection; the director of the

28  Division of Forestry of the Department of Agriculture and

29  Consumer Services; the executive director of the Fish and

30  Wildlife Conservation Commission; and the director of the

31  Division of Historial Resources of the Department of State, or


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                                         HB 2403, Second Engrossed



  1  their respective designees.  Each state agency represented on

  2  the council shall have one vote.  The chair of the council

  3  shall rotate annually in the foregoing order of state

  4  agencies.  The agency of the representative serving as chair

  5  of the council shall provide staff support for the council.

  6  The Division of State Lands shall serve as the recipient of

  7  and repository for the council's documents.  The council shall

  8  meet initially by May 20, 2000, and thereafter at the request

  9  of the chair.

10         (2)  The Auditor General and the director of the Office

11  of Program Policy Analysis and Government Accountability, or

12  their designees, shall advise the council to ensure that

13  appropriate accounting procedures are utilized and that a

14  uniform method of collecting and reporting accurate costs of

15  land management activities are created and can be used by all

16  agencies.

17         (3)  The council shall, by June 20, 2000, review

18  current land management practices and group closely related

19  land management activities and needs into categories.  All

20  land management activities and costs must be assigned to a

21  specific category, and any single activity or cost may not be

22  assigned to more than one category.  Administrative costs,

23  such as planning or training, shall be segregated from other

24  management activities.  Specific management activities and

25  costs must be grouped, at a minimum, within the following

26  categories:

27         (a)  Resource management.

28         (b)  Administration.

29         (c)  New facility construction.

30         (d)  Facility maintenance.

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                                         HB 2403, Second Engrossed



  1  Upon adoption of a complete list of land management categories

  2  by the council, agencies assigned to manage conservation or

  3  recreation lands shall, on July 1, 2000, begin to account for

  4  land management costs in accordance with the category to which

  5  an expenditure is assigned.

  6         (4)  The council shall provide its adopted list of land

  7  management categories to the Governor, the Board of Trustees

  8  of the Internal Improvement Trust Fund, the President of the

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

10  Acquisition and Restoration Council by July 1, 2000.

11         (5)  The council shall report agencies' expenditures

12  pursuant to the adopted categories to the President of the

13  Senate and the Speaker of the House of Representatives

14  annually, beginning July 1, 2001.  The council shall also

15  provide this report to the Acquisition and Restoration Council

16  for inclusion in its annual report required pursuant to s.

17  259.105.

18         (6)  Should the council determine that the list of land

19  management categories needs to be revised, it shall meet upon

20  the call of the chair.

21         Section 24.  Beginning in fiscal year 2000-2001, funds

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

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

24         Section 25.  Subsection (9) of section 211.3103,

25  Florida Statutes, is repealed.

26         Section 26.  Subsections (1) and (3) of section

27  373.1501, Florida Statutes, are amended to read:

28         373.1501  South Florida Water Management District as

29  local sponsor.--

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

31  term:


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                                         HB 2403, Second Engrossed



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

  2  the Central and Southern Florida Flood Control Project, Real

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

  4  Florida.

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

  6  Protection.

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

  8  Management District.

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

10  project identified in the Project Cooperation Agreement

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

12  Florida Water Management District dated March 22, 1994.

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

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

15  Acquisition and Management Plan approved by the South Florida

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

17  99-94).

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

19  Florida Project.

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

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

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

23  of January 1, 1999.

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

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

26  participation was authorized by the federal Water Resources

27  Development Acts of 1992 and 1996 together with related

28  Congressional resolutions and for which participation by the

29  South Florida Water Management District is authorized by this

30  section. The term includes all actions undertaken pursuant to

31  the aforementioned authorizations which will result in


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                                         HB 2403, Second Engrossed



  1  recommendations for modifications or additions to the Central

  2  and Southern Florida Project.

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

  4  in the Critical Restoration Project Contract C-9906 Southern

  5  CREW Project Addition/Imperial River Flowway and approved by

  6  the South Florida Water Management District on August 12,

  7  1999.

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

  9  Creek Water Preserve Area identified in the Central and

10  Southern Florida Ecosystem Critical Project Letter Report

11  dated April 13, 1998.

12         (k)(h)  "Water Preserve Areas" means those areas

13  located only within Palm Beach and Broward counties that are

14  designated as Water Preserve Areas, as approved by the South

15  Florida Water Management District Governing Board on September

16  11, 1997, and shall also include all of those lands within

17  Cell 11 of the East Coast Buffer in Broward County as

18  delineated in the boundary survey prepared by Stoner and

19  Associates, Inc., dated January 31, 2000, SFWMD #10953.

20         (3)  The Legislature declares that the Kissimmee River

21  Project, the Ten Mile Creek Project, the Water Preserve Areas,

22  the Southern CREW Project, the Pal-Mar Project, and the C-111

23  Project are in the public interest, for a public purpose, and

24  necessary for the public health and welfare. The governing

25  board of the district is empowered and authorized to acquire

26  fee title or easement by eminent domain for the limited

27  purposes of implementing the Kissimmee River Project, the Ten

28  Mile Creek Project, the Water Preserve Areas, the Southern

29  CREW Project, the Pal-Mar Project, and the C-111 Project. Any

30  acquisition of real property, including by eminent domain, for

31  those objectives constitutes a public purpose for which it is


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                                         HB 2403, Second Engrossed



  1  in the public interest to expend public funds. Notwithstanding

  2  any provision of law to the contrary, such properties shall

  3  not be removed from the district's plan of acquisition, and

  4  the use of state funds for these properties is authorized. In

  5  the absence of willing sellers, any land necessary for

  6  implementing the projects in this subsection shall be acquired

  7  in accordance with state condemnation law pursuant to chapters

  8  73 and 74.

  9         Section 27.  Except as otherwise provided herein, this

10  act shall take effect upon becoming a law.

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