House Bill 0951c1

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    Florida House of Representatives - 2000              CS/HB 951

        By the Committee on Environmental Protection and
    Representatives Dockery, Melvin and Suarez





  1                      A bill to be entitled

  2         An act relating to the Green Swamp Area of

  3         Critical State Concern; amending s. 380.0677,

  4         F.S.; creating the Green Swamp Land Protection

  5         Initiative as successor to the Green Swamp Land

  6         Authority; providing mission; providing powers

  7         of the Division of State Lands of the

  8         Department of Environmental Protection;

  9         providing for negotiation of conservation

10         easements for land protection; requiring

11         development of an acquisition work plan;

12         providing factors for selection of properties;

13         providing for an annual list of proposed

14         acquisitions; directing the division to develop

15         a conservation easement program; providing

16         rulemaking authority; providing for

17         coordination and assistance of the Florida

18         Communities Trust Program within the Department

19         of Community Affairs, the Boards of County

20         Commissioners for Polk and Lake Counties, the

21         Southwest Florida Water Management District,

22         and the St. Johns River Water Management

23         District; providing for ownership rights and

24         interests and use of property conveyed through

25         a conservation easement; deleting powers and

26         duties of the Green Swamp Land Authority;

27         deleting provisions relating to land protection

28         agreements, termination of such agreements, and

29         availability and reversion of certain

30         appropriated funds; providing reporting and

31         staffing requirements; amending ss. 259.041,

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  1         259.101, 259.105, and 380.507, F.S.; providing

  2         conforming language and cross references;

  3         providing for vesting of title to certain lands

  4         under the Florida Preservation 2000 Act in

  5         furtherance of the mission of the initiative;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Section 380.0677, Florida Statutes, is

11  amended to read:

12         380.0677  Green Swamp Land Protection Initiative

13  Authority.--

14         (1)  CREATION; INTENT.--There is hereby created the

15  Green Swamp Land Protection Initiative Authority. The Green

16  Swamp Land Protection Initiative is to proceed as the

17  successor in interest to the Green Swamp Land Authority and

18  shall not unlawfully affect the terms of pending land

19  protection agreements, easements, or other contracts

20  previously entered into under this section.

21         (2)  MISSION.--The mission of the Green Swamp Land

22  Protection Initiative Authority shall be to balance the

23  protection of the ecological values of the Green Swamp Area of

24  Critical State Concern with the protection of private property

25  rights and the interests of taxpayers through the acquisition

26  of lands, or rights or interests in lands, from willing

27  sellers within the Green Swamp Area of Critical State Concern.

28  To that end, the authority is encouraged to coordinate with

29  the Division of State Lands of the Department of Environmental

30  Protection is encouraged to coordinate with, the Florida

31  Communities Trust Program within the Department of Community

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  1  Affairs, the Boards of County Commissioners for Polk and Lake

  2  Counties, the Southwest Florida Water Management District, and

  3  the St. Johns River Water Management District to identify,

  4  select, and acquire less-than-fee-simple interests or rights

  5  in parcels within the Green Swamp Area of Critical State

  6  Concern, as part of overall land acquisition efforts by the

  7  state and the districts. When the Department of Environmental

  8  Protection and the water management districts are planning to

  9  acquire parcels within the Green Swamp Area of Critical State

10  Concern, they shall consider acquiring such parcels using

11  alternatives to fee simple techniques in consultation with the

12  land authority.

13         (3)  POWERS; BUDGET; GOVERNOR'S APPROVAL OF PROPOSED

14  ACQUISITIONS.--The Green Swamp Land Authority shall have all

15  the powers pursuant to s. 380.0666, except that it may not

16  issue bonds and must annually submit its budget to the

17  Governor and the Legislature for review. In addition, the

18  authority must annually submit a list of proposed acquisitions

19  to the Governor for review and approval. The Governor may

20  remove proposed acquisitions from the list, with cause, if the

21  Governor determines such acquisitions would not further the

22  mission of the authority. By September 5 of the fiscal year in

23  which the authority's budget is submitted, the chairpersons of

24  the appropriations committees of the Senate and the House of

25  Representatives may transmit to the Governor and the authority

26  comments on and objections to the proposed budget. The

27  Governor shall respond in writing to the comments and

28  objections.

29         (3)(4)  APPLICATION FOR CONSERVATION EASEMENT LAND

30  PROTECTION AGREEMENT; LIST OF PROPOSED ACQUISITIONS.--Owners

31  of agricultural and other property within the Green Swamp Area

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  1  of Critical State Concern may shall have 3 years from the

  2  effective date of the land authority's rules to apply to the

  3  Division of State Lands land authority concerning their

  4  interest in signing a conservation easement.  A conservation

  5  easement land protection agreement restricting some or all of

  6  their rights to their land. A land protection agreement is a

  7  voluntarily negotiated instrument which may provide

  8  compensation to a landowner in return for an undivided

  9  perpetual interest in real property the willingness of the

10  landowner to accept restrictions or conditions on the use of

11  the parcel of land, including the right to develop the land as

12  defined in s. 380.04, and may be created or stated in the form

13  of an easement in any deed, will, or other instrument executed

14  by or on the behalf of the owner of the property and subject

15  to the provisions in s. 704.06. The conservation easement

16  agreement shall include provisions for compliance and shall be

17  recorded and indexed in the same manner as any other

18  instrument affecting the title to real property. A

19  conservation easement land protection agreement signed by the

20  fee simple owner does not confer with it the right of public

21  access to the real property, unless public access is a right

22  specified within the easement agreement. Selected applicants'

23  properties shall be ranked on the authority's list of proposed

24  acquisitions. Work shall continue on listed projects for which

25  acquisition has begun but not closed within the 3-year period,

26  until the acquisition is successfully completed. During the

27  time the property remains on the authority's list of proposed

28  acquisitions, and for 2 years thereafter, the property owner

29  may not change the current use of the property.

30         (4)(5)  ACQUISITION WORK PLAN SELECTION; CRITERIA.--The

31  Division of State Lands, with the Florida Communities Trust

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  1  Program within the Department of Community Affairs, the Boards

  2  of County Commissioners for Polk and Lake Counties, the

  3  Southwest Florida Water Management District, and the St. Johns

  4  River Water Management District, authority shall develop a

  5  work plan to identify procedure for competitive selection of

  6  properties appropriate for conservation easements land

  7  protection agreements. Selection of properties to be included

  8  in the work plan criteria shall be based primarily on the

  9  water resource and ecological and environmental resource

10  values of the parcels. Other factors may include the threat of

11  impending development, and the historical significance of the

12  property, or other factors determined to be relevant by the

13  division, in consultation with the Florida Communities Trust

14  Program within the Department of Community Affairs, the Boards

15  of County Commissioners for Polk and Lake Counties, the

16  Southwest Florida Water Management District, and the St. Johns

17  River Water Management District authority. Conservation

18  easements land protection agreements shall be voluntary. The

19  price paid for an interest in land or restricting the rights

20  or interests in land shall not exceed the appraised value of

21  those rights or interests. The selected properties shall

22  constitute a list of proposed acquisitions, to be updated at

23  least annually.

24         (5)(6)  PROGRAM; CONSIDERATION.--The Division of State

25  Lands authority, with the assistance of the Florida

26  Communities Trust Program within the Department of Community

27  Affairs, the Boards of County Commissioners for Polk and Lake

28  Counties, the Southwest Florida Water Management District, and

29  the St. Johns River Water Management District Districts, shall

30  develop a conservation easement land protection agreement

31  program, including procedures for selecting, valuing, and

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  1  monitoring to ensure compliance with the purposes of this

  2  section within the Green Swamp Area of Critical State Concern.

  3  The Division of State Lands shall Southwest Florida and St.

  4  Johns River Water Management Districts may act as the

  5  acquisition agent agents for the initiative land authority,

  6  and title to the lands, or interests or rights in lands

  7  acquired pursuant to this section, shall vest in the district

  8  where the acquisition project is located. Among the procedures

  9  shall be a process for determining the amount of consideration

10  that may be paid in exchange for an undivided perpetual

11  interest in the real property or a restriction on interest in

12  the real property for the willingness of a property owner to

13  accept restrictions or conditions according to the terms of a

14  land protection agreement. The division may adopt authority

15  shall make rules necessary to govern the conservation easement

16  application process, implement the conservation easements,

17  implement a work plan, and implement the conservation easement

18  program, along with other rules related to this section that

19  are necessary to carry out this section. To encourage

20  participation in the land protection agreement program and to

21  create a sense of fairness, the land authority is directed in

22  making rules to reflect changes in land values as a result of

23  the designation of the Green Swamp Area of Critical State

24  Concern and implementation of Polk and Lake Counties'

25  comprehensive plans. Such rules shall be reviewed by the

26  Southwest Florida and St. Johns River Water Management

27  Districts.

28         (6)(7)  APPROPRIATIONS.--From funds appropriated to the

29  Department of Environmental Protection for land acquisition

30  from the Conservation and Recreation Lands Trust Fund for

31  fiscal years 1994-1995, 1995-1996, and 1996-1997, $4 million

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  1  shall be reserved each fiscal year to carry out the purposes

  2  of this section. To the extent practicable, moneys

  3  appropriated from the Conservation and Recreation Lands Trust

  4  Fund, Save Our Rivers Trust Fund, and Florida Communities

  5  Trust Fund shall be used to acquire lands, or interests or

  6  rights in lands, on the Conservation and Recreation Lands,

  7  Save Our Rivers, or Florida Communities Trust land acquisition

  8  plans or lists, as defined in s. 259.035, or a land

  9  acquisition plan under s. 373.59 or s. 380.508.  However,

10  nothing in this subsection prohibits the Division of State

11  Lands Green Swamp Land Authority from entering into

12  conservation easements land protection agreements with any

13  property owner whose property is not on any of such lists.

14  From sums appropriated to the Department of Environmental

15  Protection from the Water Management District Lands Trust Fund

16  for fiscal years 1994-1995, 1995-1996, and 1996-1997, $3

17  million shall be reserved each fiscal year to carry out the

18  purposes of this section. Such amounts as are used from the

19  Water Management District Lands Trust Fund shall be credited

20  against the allocations as provided in s. 373.59 to the St.

21  Johns River Water Management District or the Southwest Florida

22  Water Management District in proportion to the amount of lands

23  for which an interest was acquired, and shall not be required

24  by a district for debt service payments or land management

25  purposes. From funds appropriated to the Department of

26  Community Affairs for the Florida Communities Trust Program

27  from the Preservation 2000 Trust Fund for fiscal years

28  1994-1995 through 1999-2000, $3 million shall be reserved each

29  fiscal year to carry out the purposes of this section.

30  Appropriations identified pursuant to this subsection shall

31  fund the acquisition of lands, or the interests or rights in

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  1  lands, and related costs of acquisition. Such funds shall be

  2  available for expenditure after the land authority has adopted

  3  rules to begin its program. Funds reserved pursuant to this

  4  subsection, for each of the referenced fiscal years, shall

  5  remain available for the purposes specified in this subsection

  6  for 24 months from the date on which such funds become

  7  available for disbursement. After such time has elapsed, any

  8  funds which are not legally obligated for expenditure shall be

  9  released for the lawful purposes for which they were otherwise

10  appropriated.

11         (7)(8)  OWNERSHIP RIGHTS AND INTERESTS.--Ownership of

12  any rights or interests which are conveyed through a

13  conservation easement land protection agreement shall vest in

14  the Southwest Florida Water Management District or the St.

15  Johns River Water Management District, based on where the

16  acquisition project is located. The districts shall monitor

17  the conservation easements agreements under their respective

18  jurisdictions to ensure compliance with the terms of the

19  easements agreements, and shall provide the county property

20  appraiser, the county tax collector, and the county manager

21  with copies of conservation easements land protection

22  agreements that specify the deed restrictions on lands.

23         (8)(9)  USE OF PROPERTY AGREEMENT.--A private property

24  owner who enters into a conservation easement land protection

25  agreement may use the property in any manner consistent with

26  the terms of the easement agreement. A conservation easement

27  that land protection agreement which limits the use of

28  property to agriculture shall allow the owner to change from

29  one agricultural activity to another unless otherwise

30  prohibited by the provisions of the easement agreement. Unless

31  otherwise stated, easements agreements shall not prohibit the

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  1  construction or operation of: barns or other buildings

  2  necessary to agricultural activities, such as employment

  3  housing; hunting and fishing camps; or a specified number of

  4  single-family residences solely for the use of the property

  5  owner or the owner's family.

  6         (10)  TERMINATION OF LAND PROTECTION AGREEMENTS.--A fee

  7  simple owner of lands subject to a land protection agreement

  8  may petition the governing board of the water management

  9  district which holds title to the interests or rights in those

10  lands to terminate the agreement. If the district finds that

11  ownership of a parcel of land or interests or rights in a

12  parcel of land acquired pursuant to this section is no longer

13  needed to protect the Green Swamp Area of Critical State

14  Concern, the district may dispose of the land, or interests or

15  rights in the land, according to procedures adopted pursuant

16  to s. 373.089.

17         (9)(11)  PROPERTY RIGHTS PROTECTED.--Nothing in this

18  section shall be construed to abrogate the constitutionally

19  protected property rights of private property owners within

20  the Green Swamp Area of Critical State Concern, whether or not

21  they choose to participate in the Green Swamp Land Protection

22  Initiative Authority's acquisition program.

23         (10)  REPORTING REQUIREMENTS.--The Department of

24  Environmental Protection is directed to submit a report on the

25  status of the Green Swamp land acquisition program to the

26  Governor, the President of the Senate, and the Speaker of the

27  House of Representatives prior to the 2001 and 2002 Regular

28  Legislative Sessions.  The department shall include in these

29  reports any recommendations relating to the Green Swamp land

30  acquisition program.

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  1         (11)  STAFFING REQUIREMENTS.--The Division of State

  2  Lands shall provide staff, resources, and support sufficient

  3  to fulfill the mission of the Green Swamp Land Protection

  4  Initiative in an expeditious manner.  The division shall

  5  designate a coordinator for the initiative who shall

  6  physically travel to the Green Swamp Area of Critical State

  7  Concern, on at least a quarterly basis, to provide assistance

  8  and services to the area landowners.  The division shall

  9  provide reasonable notice to the landowners of the

10  coordinator's visits, which shall include the time, date, and

11  location of each visit.

12         Section 2.  Paragraph (b) of subsection (11) of section

13  259.041, Florida Statutes, is amended to read:

14         259.041  Acquisition of state-owned lands for

15  preservation, conservation, and recreation purposes.--

16         (11)

17         (b)  All project applications shall identify, within

18  their acquisition plans, those projects which require a full

19  fee simple interest to achieve the public policy goals,

20  together with the reasons full title is determined to be

21  necessary. The state agencies and the water management

22  districts may use alternatives to fee simple acquisition to

23  bring the remaining projects in their acquisition plans under

24  public protection.  For the purposes of this subsection, the

25  term "alternatives to fee simple acquisition" includes, but is

26  not limited to:  purchase of development rights; obtaining

27  conservation easements; obtaining flowage easements; purchase

28  of timber rights, mineral rights, or hunting rights; purchase

29  of agricultural interests or silvicultural interests; entering

30  into land protection agreements; entering into conservation

31  easements as defined in s. 380.0677(3)(5); fee simple

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  1  acquisitions with reservations; creating life estates; or any

  2  other acquisition technique which achieves the public policy

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

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

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

  6  acquired by the public agency. The lands upon which hunting

  7  rights are specifically acquired pursuant to this paragraph

  8  shall be available for hunting in accordance with the

  9  management plan or hunting regulations adopted by the Florida

10  Fish and Wildlife Conservation Commission, unless the hunting

11  rights are purchased specifically to protect activities on

12  adjacent lands.

13         Section 3.  Subsection (3) of section 259.101, Florida

14  Statutes, is amended to read:

15         259.101  Florida Preservation 2000 Act.--

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

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

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

19  issued pursuant to this act shall be deposited into the

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

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

22  Preservation 2000 Trust Fund shall be distributed by the

23  Department of Environmental Protection to the Department of

24  Environmental Protection for the purchase by the South Florida

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

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

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

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

29  $20 million per year from the proceeds of any bonds deposited

30  into the Florida Preservation 2000 Trust Fund shall be

31  distributed by the Department of Environmental Protection to

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

  2  lands necessary to restore Lake Apopka. The remaining proceeds

  3  shall be distributed by the Department of Environmental

  4  Protection in the following manner:

  5         (a)  Fifty percent to the Department of Environmental

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

  7  259.032.  Of this 50 percent, at least one-fifth shall be used

  8  for the acquisition of coastal lands.

  9         (b)  Thirty percent to the Department of Environmental

10  Protection for the purchase of water management lands pursuant

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

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

13  district may also be used for acquisition of lands necessary

14  to implement surface water improvement and management plans

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

16  lands necessary to implement the Everglades Construction

17  Project authorized by s. 373.4592.

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

19  to provide land acquisition grants and loans to local

20  governments through the Florida Communities Trust pursuant to

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

22  $3 million annually shall be used by the Division of State

23  Lands to implement the Green Swamp Land Protection Initiative

24  Green Swamp Land Authority or specifically for the purchase of

25  conservation easements through land protection agreements, as

26  defined in s. 380.0677(3)(5), of lands, or severable interests

27  or rights in lands, in the Green Swamp Area of Critical State

28  Concern.  From funds allocated to the trust, $3 million

29  annually shall be used by the Monroe County Comprehensive Plan

30  Land Authority specifically for the purchase of any real

31  property interest in either those lands subject to the Rate of

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  1  Growth Ordinances adopted by local governments in Monroe

  2  County or those lands within the boundary of an approved

  3  Conservation and Recreation Lands project located within the

  4  Florida Keys or Key West Areas of Critical State Concern;

  5  however, title to lands acquired within the boundary of an

  6  approved Conservation and Recreation Lands project may, in

  7  accordance with an approved joint acquisition agreement, vest

  8  in the Board of Trustees of the Internal Improvement Trust

  9  Fund.  Of the remaining funds allocated to the trust after the

10  above transfers occur, one-half shall be matched by local

11  governments on a dollar-for-dollar basis.  To the extent

12  allowed by federal requirements for the use of bond proceeds,

13  the trust shall expend Preservation 2000 funds to carry out

14  the purposes of part III of chapter 380.

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

16  Environmental Protection for the purchase of inholdings and

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

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

19  jurisdiction of the Division of Recreation and Parks of the

20  department, or which may come under its jurisdiction.

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

22  Forestry of the Department of Agriculture and Consumer

23  Services to fund the acquisition of state forest inholdings

24  and additions pursuant to s. 589.07.

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

26  Wildlife Conservation Game and Fresh Water Fish Commission to

27  fund the acquisition of inholdings and additions to lands

28  managed by the commission which are important to the

29  conservation of fish and wildlife.

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

31  Environmental Protection for the Florida Greenways and Trails

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  1  Program, to acquire greenways and trails or greenways and

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

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

  4  National Scenic Trail.

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  6  Local governments may use federal grants or loans, private

  7  donations, or environmental mitigation funds, including

  8  environmental mitigation funds required pursuant to s.

  9  338.250, for any part or all of any local match required for

10  the purposes described in this subsection.  Bond proceeds

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

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

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

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

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

16  or rights or interests therein, acquired by either the

17  Southwest Florida Water Management District or the St. Johns

18  River Water Management District in furtherance of the Green

19  Swamp Land Protection Initiative's Authority's mission

20  pursuant to s. 380.0677(2)(3), shall be vested in the district

21  where the acquisition project is located.  Title to lands

22  purchased pursuant to paragraph (c) may be vested in the Board

23  of Trustees of the Internal Improvement Trust Fund or , except

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

25  by either the Southwest Florida Water Management District or

26  the St. Johns River Water Management District, whichever is

27  most appropriate as determined by the Board of Trustees, in

28  furtherance of the Green Swamp Land Protection Initiative's

29  Authority's mission pursuant to s. 380.0677(2)(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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  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         Section 4.  Paragraph (k) of subsection (9) of section

  5  259.105, Florida Statutes, is amended to read:

  6         259.105  The Florida Forever Act.--

  7         (9)  The Acquisition and Restoration Council shall

  8  develop a rule to competitively evaluate, select, and rank

  9  projects eligible for Florida Forever funds pursuant to

10  paragraph (3)(b).  In developing this rule the Acquisition and

11  Restoration Council shall give weight to the following

12  criteria:

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

14  using alternatives to fee simple, including but not limited

15  to, purchase of development rights, hunting rights,

16  agricultural or silvicultural rights, or mineral rights; or

17  obtaining conservation easements or flowage easements; or use

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

19         Section 5.  Subsection (11) of section 380.507, Florida

20  Statutes, is amended to read:

21         380.507  Powers of the trust.--The trust shall have all

22  the powers necessary or convenient to carry out the purposes

23  and provisions of this part, including:

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

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

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

27  adopt rules governing the acquisition of lands by local

28  governments or the trust using proceeds from the Preservation

29  2000 Trust Fund and the Florida Forever Trust Fund, consistent

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

31  rules must include, but are not limited to, procedures for

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  1  appraisals and confidentiality consistent with ss.

  2  125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of

  3  determining a maximum purchase price, and procedures to assure

  4  that the land is acquired in a voluntarily negotiated

  5  transaction, surveyed, conveyed with marketable title, and

  6  examined for hazardous materials contamination. Land

  7  acquisition procedures of a local land authority or a land

  8  protection initiative created pursuant to s. 380.0663 or s.

  9  380.0677 may be used for the land acquisition programs

10  described by ss. 259.101(3)(c) and 259.105 if within areas of

11  critical state concern designated pursuant to s. 380.05,

12  subject to approval of the trust.

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

14  law.

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