Senate Bill 0384

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    Florida Senate - 2000                                   SB 384

    By the Committee on Natural Resources





    312-132F-00

  1                      A bill to be entitled

  2         An act relating to public lands; amending ss.

  3         259.032, 373.59, F.S.; deleting certain

  4         requirements for qualifying for payment in lieu

  5         of taxes to local governments; creating s.

  6         259.037, F.S.; creating the Land Management

  7         Uniform Accounting Council within the

  8         Department of Environmental Protection;

  9         providing for membership and duties; requiring

10         the council to review land management practices

11         and assign land management activities and costs

12         to specific categories; requiring state

13         agencies to account for land management costs

14         according to assigned categories; requiring a

15         report; providing for the council to revise or

16         update the land management categories as

17         necessary; amending s. 259.101, F.S.; deleting

18         provisions that repeal Preservation 2000

19         allocations of bond proceeds to certain

20         programs; deleting provisions requiring

21         redistribution of certain funds; providing for

22         retroactive payments in lieu of taxes;

23         providing an effective date.

24

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

26

27         Section 1.  Paragraph (b) of subsection (12) of section

28  259.032, Florida Statutes, is amended to read:

29         259.032  Conservation and Recreation Lands Trust Fund;

30  purpose.--

31         (12)

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

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

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

  4  completed Preservation 2000 and Florida Forever acquisitions

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

  6  taxable value. Population levels shall be determined pursuant

  7  to s. 11.031.

  8         2.  To all local governments located in eligible

  9  counties.

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

11  operated prison leased to the state has recently been opened

12  and where privately owned and operated juvenile justice

13  facilities leased to the state have recently been constructed

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

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

16  already been appropriated and allocated from the Department of

17  Correction's budget for the purpose of reimbursing amounts

18  equal to lost ad valorem taxes.

19

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

21  includes municipalities, the county school board, mosquito

22  control districts, and any other local government entity which

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

24  management district.

25         Section 2.  Section 259.037, Florida Statutes, is

26  created to read:

27         259.037  Land Management Uniform Accounting Council.--

28         (1)  The Land Management Uniform Accounting Council is

29  created within the Department of Environmental Protection and

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

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

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    Florida Senate - 2000                                   SB 384
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  1  director of the Office of Coastal and Aquatic Managed Areas,

  2  and the director of the Office of Greenways and Trails of the

  3  Department of Environmental Protection; the director of the

  4  Division of Forestry of the Department of Agriculture and

  5  Consumer Services, the executive director of the Fish and

  6  Wildlife Conservation Commission, and the director of the

  7  Division of Historical Resources of the Department of State,

  8  or their respective designees. Each state agency represented

  9  on the council shall have one vote. The chairperson of the

10  council shall rotate annually in the foregoing order of state

11  agencies. The agency of the representative serving as

12  chairperson of the council shall provide staff support for the

13  council. The Division of State Lands shall serve as the

14  recipient of and repository for the council's documents. The

15  council must initially meet by June 1, 2000, and thereafter at

16  the request of the chairperson.

17         (2)  The council must, by January 1, 2001, review

18  current land management practices and group closely related

19  land management activities and needs into categories. All land

20  management activities and costs must be assigned to a specific

21  category and any single activity or cost may not be assigned

22  to more than one category. Specific management activities and

23  costs must be grouped within the following categories:

24         (a)  Resource management;

25         (b)  Administration;

26         (c)  Capital improvements; and

27         (d)  Visitor services/transportation/recreation.

28

29  Upon adoption of a complete list of land management categories

30  by the council, agencies assigned to manage conservation or

31  recreation lands must, on July 1, 2001, begin to account for

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  1  land management costs in accordance with the category to which

  2  an expenditure is assigned.

  3         (3)  The council must provide its adopted list of land

  4  management categories to the Governor, the Board of Trustees

  5  of the Internal Improvement Trust Fund, the President of the

  6  Senate, and the Speaker of the House of Representatives by

  7  January 1, 2001. If it is necessary to revise or update the

  8  list of land management categories, the council shall meet

  9  upon the call of the chairperson.

10         Section 3.  Subsections (3) and (9) of section 259.101,

11  Florida Statutes, are amended to read:

12         259.101  Florida Preservation 2000 Act.--

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

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

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

16  issued pursuant to this act shall be deposited into the

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

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

19  Preservation 2000 Trust Fund shall be distributed by the

20  Department of Environmental Protection to the Department of

21  Environmental Protection for the purchase by the South Florida

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

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

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

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

26  $20 million per year from the proceeds of any bonds deposited

27  into the Florida Preservation 2000 Trust Fund shall be

28  distributed by the Department of Environmental Protection to

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

30  lands necessary to restore Lake Apopka. The remaining proceeds

31

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  1  shall be distributed by the Department of Environmental

  2  Protection in the following manner:

  3         (a)  Fifty percent to the Department of Environmental

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

  5  259.032.  Of this 50 percent, at least one-fifth shall be used

  6  for the acquisition of coastal lands.

  7         (b)  Thirty percent to the Department of Environmental

  8  Protection for the purchase of water management lands pursuant

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

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

11  district may also be used for acquisition of lands necessary

12  to implement surface water improvement and management plans

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

14  lands necessary to implement the Everglades Construction

15  Project authorized by s. 373.4592.

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

17  to provide land acquisition grants and loans to local

18  governments through the Florida Communities Trust pursuant to

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

20  $3 million annually shall be used by the Green Swamp Land

21  Authority specifically for the purchase through land

22  protection agreements, as defined in s. 380.0677(4) s.

23  380.0677(5), of lands, or severable interests or rights in

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

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

26  be used by the Monroe County Comprehensive Plan Land Authority

27  specifically for the purchase of any real property interest in

28  either those lands subject to the Rate of Growth Ordinances

29  adopted by local governments in Monroe County or those lands

30  within the boundary of an approved Conservation and Recreation

31  Lands project located within the Florida Keys or Key West

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

  2  acquired within the boundary of an approved Conservation and

  3  Recreation Lands project may, in accordance with an approved

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

  5  the Internal Improvement Trust Fund.  Of the remaining funds

  6  allocated to the trust after the above transfers occur,

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

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

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

10  expend Preservation 2000 funds to carry out the purposes of

11  part III of chapter 380.

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

13  Environmental Protection for the purchase of inholdings and

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

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

16  jurisdiction of the Division of Recreation and Parks of the

17  department, or which may come under its jurisdiction.

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

19  Forestry of the Department of Agriculture and Consumer

20  Services to fund the acquisition of state forest inholdings

21  and additions pursuant to s. 589.07.

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

23  Wildlife Conservation Game and Fresh Water Fish Commission to

24  fund the acquisition of inholdings and additions to lands

25  managed by the commission which are important to the

26  conservation of fish and wildlife.

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

28  Environmental Protection for the Florida Greenways and Trails

29  Program, to acquire greenways and trails or greenways and

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

31

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

  2  National Scenic Trail.

  3

  4  Local governments may use federal grants or loans, private

  5  donations, or environmental mitigation funds, including

  6  environmental mitigation funds required pursuant to s.

  7  338.250, for any part or all of any local match required for

  8  the purposes described in this subsection.  Bond proceeds

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

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

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

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

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

14  or rights or interests therein, acquired by either the

15  Southwest Florida Water Management District or the St. Johns

16  River Water Management District in furtherance of the Green

17  Swamp Land Authority's mission pursuant to s. 380.0677(2) s.

18  380.0677(3), shall be vested in the district where the

19  acquisition project is located.  Title to lands purchased

20  pursuant to paragraph (c) may be vested in the Board of

21  Trustees of the Internal Improvement Trust Fund, except that

22  title to lands, or rights or interests therein, acquired by

23  either the Southwest Florida Water Management District or the

24  St. Johns River Water Management District in furtherance of

25  the Green Swamp Land Authority's mission pursuant to s.

26  380.0677(2) s. 380.0677(3), shall be vested in the district

27  where the acquisition project is located. This subsection is

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

29  Legislature shall review the provisions scheduled for repeal

30  and shall determine whether to reenact or modify the

31  provisions or to take no action.

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  1         (9)  ALTERNATIVES TO FEE SIMPLE ACQUISITION.--

  2         (a)  The Legislature finds that, with the increasing

  3  pressures on the natural areas of this state, the state must

  4  develop creative techniques to maximize the use of acquisition

  5  and management moneys.  The Legislature also finds that the

  6  state's environmental land-buying agencies should be

  7  encouraged to augment their traditional, fee simple

  8  acquisition programs with the use of alternatives to fee

  9  simple acquisition techniques.  The Legislature also finds

10  that using alternatives to fee simple acquisition by public

11  land-buying agencies will achieve the following public policy

12  goals:

13         1.  Allow more lands to be brought under public

14  protection for preservation, conservation, and recreational

15  purposes at less expense using public funds.

16         2.  Retain, on local government tax rolls, some portion

17  of or interest in lands which are under public protection.

18         3.  Reduce long-term management costs by allowing

19  private property owners to continue acting as stewards of the

20  land, where appropriate.

21

22  Therefore, it is the intent of the Legislature that public

23  land-buying agencies develop programs to pursue alternatives

24  to fee simple acquisition and to educate private landowners

25  about such alternatives and the benefits of such alternatives.

26  It also is the intent of the Legislature that the department

27  and the water management districts spend a portion of their

28  shares of Preservation 2000 bond proceeds to purchase eligible

29  properties using alternatives to fee simple acquisition.

30  Finally, it is the intent of the Legislature that public

31  agencies acquire lands in fee simple for public access and

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  1  recreational activities.  Lands protected using alternatives

  2  to fee simple acquisition techniques shall not be accessible

  3  to the public unless such access is negotiated with and agreed

  4  to by the private landowners who retain interests in such

  5  lands.

  6         (b)  The Land Acquisition Advisory Council and the

  7  water management districts shall identify, within their 1997

  8  acquisition plans, those projects which require a full fee

  9  simple interest to achieve the public policy goals, along with

10  the reasons why full title is determined to be necessary.  The

11  council and the water management districts may use

12  alternatives to fee simple acquisition to bring the remaining

13  projects in their acquisition plans under public protection.

14  For the purposes of this subsection, the term "alternatives to

15  fee simple acquisition" includes, but is not limited to:

16  purchase of development rights; conservation easements;

17  flowage easements; purchase of timber rights, mineral rights,

18  or hunting rights; purchase of agricultural interests or

19  silvicultural interests; land protection agreements; fee

20  simple acquisitions with reservations; or any other

21  acquisition technique which achieves the public policy goals

22  listed in paragraph (a).  It is presumed that a private

23  landowner retains the full range of uses for all the rights or

24  interests in the landowner's land which are not specifically

25  acquired by the public agency.  Life estates and fee simple

26  acquisitions with leaseback provisions shall not qualify as an

27  alternative to fee simple acquisition under this subsection,

28  although the department and the districts are encouraged to

29  use such techniques where appropriate.

30         (c)  Beginning in fiscal year 1996-1997, the department

31  and each water management district shall implement initiatives

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  1  to use alternatives to fee simple acquisition and to educate

  2  private landowners about such alternatives. These initiatives

  3  shall include at least two acquisitions a year by the

  4  department and each water management district utilizing

  5  alternatives to fee simple.

  6         (d)  The Legislature finds that the lack of direct

  7  sales comparison information has served as an impediment to

  8  successful implementation of alternatives to fee simple

  9  acquisition.  It is the intent of the Legislature that, in the

10  absence of direct comparable sales information, appraisals of

11  alternatives to fee simple acquisitions be based on the

12  difference between the full fee simple valuation and the value

13  of the interests remaining with the seller after acquisition.

14         (e)  The public agency which has been assigned

15  management responsibility shall inspect and monitor any

16  less-than-fee-simple interest according to the terms of the

17  purchase agreement relating to such interest.

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

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

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

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

22  Preservation 2000 account for more than 3 fiscal years shall

23  be redistributed equally to the Department of Environmental

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

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

26  Management District P2000 sub account for the purchase of

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

28  373.59. For the purposes of this subsection, the term

29  "unencumbered balances" means the portion of Preservation 2000

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

31  purchase contract between a public agency and a private

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  1  landowner, except that the program described in paragraph

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

  3  which remain unobligated because of extraordinary

  4  circumstances that hampered the affected local governments'

  5  abilities to close on land acquisition projects approved

  6  through the Florida Communities Trust program. Extraordinary

  7  circumstances shall be determined by the Florida Communities

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

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

10  designation of the property; natural disasters that affected a

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

12  such property; or any other condition that the Florida

13  Communities Trust governing board determined to be

14  extraordinary. The portion of the funds redistributed in the

15  Water Management District P2000 sub account shall be

16  distributed to the water management districts as provided in

17  s. 373.59(8).

18         2.  The department and the water management districts

19  may enter into joint acquisition agreements to jointly fund

20  the purchase of lands using alternatives to fee simple

21  techniques.

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

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

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

25  carried forward to the subsequent fiscal year.

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

27  following the final authorization of Preservation 2000 bonds.

28         Section 4.  Paragraphs (a) and (b) of subsection (10)

29  of section 373.59, Florida Statutes, are amended to read:

30         373.59  Water Management Lands Trust Fund.--

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

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

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

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

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

  6  tax losses incurred as a result of governing board

  7  acquisitions for water management districts under the Florida

  8  Forever program, the Florida Preservation 2000 program, or any

  9  acquisitions using the Water Management Lands Trust Fund

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

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

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

13  of this section.

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

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

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

17  Preservation 2000 and Florida Forever acquisitions in the

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

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

20  11.031.

21         2.  To all local governments located in eligible

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

23  rolls.

24

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

26  includes municipalities, the county school board, mosquito

27  control districts, and any other local government entity which

28  levies ad valorem taxes.

29         Section 5.  Counties and local governments that did not

30  receive payments in lieu of taxes for lands purchased pursuant

31  to section 259.101 and 373.59, Florida Statutes, during fiscal

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  1  year 1999-2000, if such counties and local governments would

  2  have received payments pursuant to sections 259.032(12) and

  3  373.59(14), Florida Statutes, as those statutes existed on

  4  June 30, 1999, shall receive retroactive payments for such tax

  5  losses.

  6         Section 6.  This act shall take effect upon becoming a

  7  law.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Revises requirements for certain local governments
      receiving payments in lieu of taxes in conjunction with
12    the Conservation and Recreation Lands Trust Fund and the
      Water Management Lands Trust Fund. Creates the Land
13    Management Uniform Accounting Council to assign land
      management activities and costs to specific categories.
14    Requires that state agencies account for land management
      costs in accordance with assigned categories. Deletes a
15    repeal of Preservation 2000 allocations of bond proceeds
      and eliminates a requirement for redistribution of
16    specific funds. Revises the distribution of bond proceeds
      from the Florida Forever Trust Fund. Provides for
17    retroactive payments in lieu of taxes to specified local
      governments.
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