CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 384

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Bronson moved the following amendment:

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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

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                                                  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

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                                                  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.

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                                                  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.

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 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,

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                                                  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.

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                                                  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.

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                                                  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

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                                                  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.)

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                                                  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

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 5  insert:

 6         amending s. 259.101, F.S.; deleting prospective

 7         repeals; deleting provisions requiring the

 8         redistribution of unspent funds;

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