CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Bronson moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 6, between lines 20 and 21,
15
16 insert:
17 Section 3. Subsections (3) and (9) of section 259.101,
18 Florida Statutes, are amended to read:
19 259.101 Florida Preservation 2000 Act.--
20 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
21 costs of issuance, the costs of funding reserve accounts, and
22 other costs with respect to the bonds, the proceeds of bonds
23 issued pursuant to this act shall be deposited into the
24 Florida Preservation 2000 Trust Fund created by s. 375.045.
25 Ten percent of the proceeds of any bonds deposited into the
26 Preservation 2000 Trust Fund shall be distributed by the
27 Department of Environmental Protection to the Department of
28 Environmental Protection for the purchase by the South Florida
29 Water Management District of lands in Dade, Broward, and Palm
30 Beach Counties identified in s. 7, chapter 95-349, Laws of
31 Florida. This distribution shall apply for any bond issue for
1
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
2 $20 million per year from the proceeds of any bonds deposited
3 into the Florida Preservation 2000 Trust Fund shall be
4 distributed by the Department of Environmental Protection to
5 the St. Johns Water Management District for the purchase of
6 lands necessary to restore Lake Apopka. The remaining proceeds
7 shall be distributed by the Department of Environmental
8 Protection in the following manner:
9 (a) Fifty percent to the Department of Environmental
10 Protection for the purchase of public lands as described in s.
11 259.032. Of this 50 percent, at least one-fifth shall be used
12 for the acquisition of coastal lands.
13 (b) Thirty percent to the Department of Environmental
14 Protection for the purchase of water management lands pursuant
15 to s. 373.59, to be distributed among the water management
16 districts as provided in that section. Funds received by each
17 district may also be used for acquisition of lands necessary
18 to implement surface water improvement and management plans
19 approved in accordance with s. 373.456 or for acquisition of
20 lands necessary to implement the Everglades Construction
21 Project authorized by s. 373.4592.
22 (c) Ten percent to the Department of Community Affairs
23 to provide land acquisition grants and loans to local
24 governments through the Florida Communities Trust pursuant to
25 part III of chapter 380. From funds allocated to the trust,
26 $3 million annually shall be used by the Green Swamp Land
27 Authority specifically for the purchase through land
28 protection agreements, as defined in s. 380.0677(5), of lands,
29 or severable interests or rights in lands, in the Green Swamp
30 Area of Critical State Concern. From funds allocated to the
31 trust, $3 million annually shall be used by the Monroe County
2
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 Comprehensive Plan Land Authority specifically for the
2 purchase of any real property interest in either those lands
3 subject to the Rate of Growth Ordinances adopted by local
4 governments in Monroe County or those lands within the
5 boundary of an approved Conservation and Recreation Lands
6 project located within the Florida Keys or Key West Areas of
7 Critical State Concern; however, title to lands acquired
8 within the boundary of an approved Conservation and Recreation
9 Lands project may, in accordance with an approved joint
10 acquisition agreement, vest in the Board of Trustees of the
11 Internal Improvement Trust Fund. Of the remaining funds
12 allocated to the trust after the above transfers occur,
13 one-half shall be matched by local governments on a
14 dollar-for-dollar basis. To the extent allowed by federal
15 requirements for the use of bond proceeds, the trust shall
16 expend Preservation 2000 funds to carry out the purposes of
17 part III of chapter 380.
18 (d) Two and nine-tenths percent to the Department of
19 Environmental Protection for the purchase of inholdings and
20 additions to state parks. For the purposes of this paragraph,
21 "state park" means all real property in the state under the
22 jurisdiction of the Division of Recreation and Parks of the
23 department, or which may come under its jurisdiction.
24 (e) Two and nine-tenths percent to the Division of
25 Forestry of the Department of Agriculture and Consumer
26 Services to fund the acquisition of state forest inholdings
27 and additions pursuant to s. 589.07.
28 (f) Two and nine-tenths percent to the Game and Fresh
29 Water Fish Commission to fund the acquisition of inholdings
30 and additions to lands managed by the commission which are
31 important to the conservation of fish and wildlife.
3
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 (g) One and three-tenths percent to the Department of
2 Environmental Protection for the Florida Greenways and Trails
3 Program, to acquire greenways and trails or greenways and
4 trails systems pursuant to chapter 260, including, but not
5 limited to, abandoned railroad rights-of-way and the Florida
6 National Scenic Trail.
7
8 Local 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 the purposes described in this subsection. Bond proceeds
13 allocated pursuant to paragraph (c) may be used to purchase
14 lands on the priority lists developed pursuant to s. 259.035.
15 Title to lands purchased pursuant to paragraphs (a), (d), (e),
16 (f), and (g) shall be vested in the Board of Trustees of the
17 Internal Improvement Trust Fund, except that title to lands,
18 or rights or interests therein, acquired by either the
19 Southwest Florida Water Management District or the St. Johns
20 River Water Management District in furtherance of the Green
21 Swamp Land Authority's mission pursuant to s. 380.0677(3),
22 shall be vested in the district where the acquisition project
23 is located. Title to lands purchased pursuant to paragraph
24 (c) may be vested in the Board of Trustees of the Internal
25 Improvement Trust Fund, except that title to lands, or rights
26 or interests therein, acquired by either the Southwest Florida
27 Water Management District or the St. Johns River Water
28 Management District in furtherance of the Green Swamp Land
29 Authority's mission pursuant to s. 380.0677(3), shall be
30 vested in the district where the acquisition project is
31 located. This subsection is repealed effective October 1,
4
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 2000. Prior to repeal, the Legislature shall review the
2 provisions scheduled for repeal and shall determine whether to
3 reenact or modify the provisions or to take no action.
4 (9)(a) The Legislature finds that, with the increasing
5 pressures on the natural areas of this state, the state must
6 develop creative techniques to maximize the use of acquisition
7 and management moneys. The Legislature also finds that the
8 state's environmental land-buying agencies should be
9 encouraged to augment their traditional, fee simple
10 acquisition programs with the use of alternatives to fee
11 simple acquisition techniques. The Legislature also finds
12 that using alternatives to fee simple acquisition by public
13 land-buying agencies will achieve the following public policy
14 goals:
15 1. Allow more lands to be brought under public
16 protection for preservation, conservation, and recreational
17 purposes at less expense using public funds.
18 2. Retain, on local government tax rolls, some portion
19 of or interest in lands which are under public protection.
20 3. Reduce long-term management costs by allowing
21 private property owners to continue acting as stewards of the
22 land, where appropriate.
23
24 Therefore, it is the intent of the Legislature that public
25 land-buying agencies develop programs to pursue alternatives
26 to fee simple acquisition and to educate private landowners
27 about such alternatives and the benefits of such alternatives.
28 It also is the intent of the Legislature that the department
29 and the water management districts spend a portion of their
30 shares of Preservation 2000 bond proceeds to purchase eligible
31 properties using alternatives to fee simple acquisition.
5
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 Finally, it is the intent of the Legislature that public
2 agencies acquire lands in fee simple for public access and
3 recreational activities. Lands protected using alternatives
4 to fee simple acquisition techniques shall not be accessible
5 to the public unless such access is negotiated with and agreed
6 to by the private landowners who retain interests in such
7 lands.
8 (b) The Land Acquisition Advisory Council and the
9 water management districts shall identify, within their 1997
10 acquisition plans, those projects which require a full fee
11 simple interest to achieve the public policy goals, along with
12 the reasons why full title is determined to be necessary. The
13 council and the water management districts may use
14 alternatives to fee simple acquisition to bring the remaining
15 projects in their acquisition plans under public protection.
16 For the purposes of this subsection, the term "alternatives to
17 fee simple acquisition" includes, but is not limited to:
18 purchase of development rights; conservation easements;
19 flowage easements; purchase of timber rights, mineral rights,
20 or hunting rights; purchase of agricultural interests or
21 silvicultural interests; land protection agreements; fee
22 simple acquisitions with reservations; or any other
23 acquisition technique which achieves the public policy goals
24 listed in paragraph (a). It is presumed that a private
25 landowner retains the full range of uses for all the rights or
26 interests in the landowner's land which are not specifically
27 acquired by the public agency. Life estates and fee simple
28 acquisitions with leaseback provisions shall not qualify as an
29 alternative to fee simple acquisition under this subsection,
30 although the department and the districts are encouraged to
31 use such techniques where appropriate.
6
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 (c) Beginning in fiscal year 1996-1997, the department
2 and each water management district shall implement initiatives
3 to use alternatives to fee simple acquisition and to educate
4 private landowners about such alternatives. These initiatives
5 shall include at least two acquisitions a year by the
6 department and each water management district utilizing
7 alternatives to fee simple.
8 (d) The Legislature finds that the lack of direct
9 sales comparison information has served as an impediment to
10 successful implementation of alternatives to fee simple
11 acquisition. It is the intent of the Legislature that, in the
12 absence of direct comparable sales information, appraisals of
13 alternatives to fee simple acquisitions be based on the
14 difference between the full fee simple valuation and the value
15 of the interests remaining with the seller after acquisition.
16 (e) The public agency which has been assigned
17 management responsibility shall inspect and monitor any
18 less-than-fee-simple interest according to the terms of the
19 purchase agreement relating to such interest.
20 (f)1. Pursuant to subsection (3) and beginning in
21 fiscal year 1999-2000, that portion of the unencumbered
22 balances of each program described in paragraphs (3)(c), (d),
23 (e), (f), and (g) which has been on deposit in such program's
24 Preservation 2000 account for more than 3 fiscal years shall
25 be redistributed equally to the Department of Environmental
26 Protection, Division of State Lands P2000 sub account for the
27 purchase of State Lands as described in s. 259.032 and Water
28 Management District P2000 sub account for the purchase of
29 Water Management Lands pursuant to ss. 373.456, 373.4592 and
30 373.59. For the purposes of this subsection, the term
31 "unencumbered balances" means the portion of Preservation 2000
7
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 bond proceeds which is not obligated through the signing of a
2 purchase contract between a public agency and a private
3 landowner, except that the program described in paragraph
4 (3)(c) may not lose any portion of its unencumbered funds
5 which remain unobligated because of extraordinary
6 circumstances that hampered the affected local governments'
7 abilities to close on land acquisition projects approved
8 through the Florida Communities Trust program. Extraordinary
9 circumstances shall be determined by the Florida Communities
10 Trust governing body and may include such things as death or
11 bankruptcy of the owner of property; a change in the land use
12 designation of the property; natural disasters that affected a
13 local government's ability to consummate the sales contract on
14 such property; or any other condition that the Florida
15 Communities Trust governing board determined to be
16 extraordinary. The portion of the funds redistributed in the
17 Water Management District P2000 sub account shall be
18 distributed to the water management districts as provided in
19 s. 373.59(8).
20 2. The department and the water management districts
21 may enter into joint acquisition agreements to jointly fund
22 the purchase of lands using alternatives to fee simple
23 techniques.
24 (g) If the department or any water management district
25 is unable to spend the funds it receives pursuant to paragraph
26 (f) within the same fiscal year, the unspent funds shall be
27 carried forward to the subsequent fiscal year.
28 (h) This subsection is repealed July 1 of the year
29 following the final authorization of Preservation 2000 bonds.
30
31 (Redesignate subsequent sections.)
8
7:10 PM 04/28/00 s0384.nr18.Fg
SENATE AMENDMENT
Bill No. CS for SB 384
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 9, after the semicolon
4
5 insert:
6 amending s. 259.101, F.S.; deleting prospective
7 repeals; deleting provisions requiring the
8 redistribution of unspent funds;
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
7:10 PM 04/28/00 s0384.nr18.Fg