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.
5
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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