House Bill hb1389

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




    Florida House of Representatives - 2001                HB 1389

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to rural land conservation

  3         easements; creating the "Rural and Family Lands

  4         Protection Act"; providing definitions;

  5         creating s. 570.70, F.S.; providing for the

  6         purchase of rural land conservation easements

  7         by the Department of Agriculture and Consumer

  8         Services; providing criteria; providing for an

  9         application, selection, and agreement process;

10         directing the department to seek funds from

11         federal sources; amending s. 201.15, F.S.;

12         providing for the distribution of certain taxes

13         to the department to be used for the program;

14         creating s. 215.619, F.S.; providing for bonds;

15         providing an effective date.

16

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

18

19         Section 1.  Short title; definitions.--

20         (1)  This act may be cited as the "Rural and Family

21  Lands Protection Act."

22         (2)  For the purposes of this act:

23         (a)  "Department" means the Department of Agriculture

24  and Consumer Services.

25         (b)  "Rural land conservation easements" means

26  perpetual or nonperpetual easements purchased by the

27  department under terms and procedures set forth in this act.

28         (c)  "Resource conservation agreements" means contracts

29  for conservation services with annual payments for terms of

30  not less than 5 years and not more than 10 years.

31

                                  1

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






    Florida House of Representatives - 2001                HB 1389

    578-140A-01






  1         Section 2.  Section 570.70, Florida Statutes, is

  2  created to read:

  3         570.70  Purchase of rural land conservation easement.--

  4         (1)  For the purposes of limiting subdivision and

  5  conversion of farmland that provides economic, open space,

  6  water, and wildlife benefits and retaining those benefits for

  7  current and future generations, the Department of Agriculture

  8  and Consumer Services shall conduct a program to purchase

  9  rural land conservation easements of the following types:

10         (a)  Permanent easements as described in s. 704.06(2).

11         (b)  Thirty-year easements, the provisions of s. 704.06

12  to the contrary notwithstanding.

13         (2)  Rural land conservation easements shall be

14  targeted toward timber and ranch lands as defined by the

15  department in consultation with the Department of

16  Environmental Protection, the Fish and Wildlife Conservation

17  Commission, and the water management districts.

18         (3)  The department shall establish an application,

19  selection, and agreement process to:

20         (a)  Emphasize wildlife and watershed benefits in

21  selecting applicants.

22         (b)  Define benefits, propose management plans, and

23  establish easement values.

24         (c)  Appraise individual rural land conservation

25  easements and underlying fee values.

26         (d)  Make annual or lump-sum payments for easements or

27  agreements.

28         (4)  Agreements to a 30-year easement shall grant the

29  right to the department, the Board of Trustees of the Internal

30  Improvement Trust Fund, or the water management district where

31  the property is located to purchase the property or extend the

                                  2

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






    Florida House of Representatives - 2001                HB 1389

    578-140A-01






  1  easement based on current value at the time easement was

  2  conveyed plus a reasonable escalator not to exceed 60 percent.

  3         (5)  Easement payments may be distributed in a lump sum

  4  from the proceeds of bonds issued pursuant to s. 215.619 or on

  5  a prorated basis.

  6         (6)  For the purpose of compensating landowners for

  7  habitat and hydrological restoration, the department may enter

  8  into resource conservation agreements with landowners. To

  9  qualify for a resource conservation agreement, a landowner

10  must:

11         (a)  Enter into a conservation easement;

12         (b)  Enter into a perpetual rural land conservation

13  easement; or

14         (c)  Enter into an enforceable option in favor of the

15  Board of Trustees of the Internal Improvement Trust Fund or

16  its designee to purchase a perpetual easement on the property

17  or fee title. This option shall run with the term of the

18  resource conservation agreement and shall establish the price

19  of the purchase at appraised value at the time of entering

20  into the agreement. The resource conservation agreement and

21  the accompanying option may be renewed by mutual consent. The

22  landowner and the state may agree on a purchase of the

23  easement at any time during the period of the resource

24  conservation agreement.

25         (7)  The department is directed to seek funds from

26  federal sources to utilize in combination with state funds to

27  carry out the purposes of the program described in this

28  section.

29         (8)  The department is directed to develop criteria for

30  use of bonded, appropriated, or grant funds to purchase

31  conservation easements.

                                  3

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






    Florida House of Representatives - 2001                HB 1389

    578-140A-01






  1         Section 3.  Paragraph (c) of subsection (1) of section

  2  201.15, Florida Statutes, as amended by chapters 99-247,

  3  2000-151, 2000-170, and 2000-197, Laws of Florida, is amended

  4  to read:

  5         201.15  Distribution of taxes collected.--All taxes

  6  collected under this chapter shall be distributed as follows

  7  and shall be subject to the service charge imposed in s.

  8  215.20(1), except that such service charge shall not be levied

  9  against any portion of taxes pledged to debt service on bonds

10  to the extent that the amount of the service charge is

11  required to pay any amounts relating to the bonds:

12         (1)  Sixty-two and sixty-three hundredths percent of

13  the remaining taxes collected under this chapter shall be used

14  for the following purposes:

15         (c)  The remainder of the moneys distributed under this

16  subsection, after the required payments under paragraph (a),

17  shall be paid into the State Treasury to the credit of the

18  General Revenue Fund of the state to be used and expended for

19  the purposes for which the General Revenue Fund was created

20  and exists by law or to the Ecosystem Management and

21  Restoration Trust Fund or to the Marine Resources Conservation

22  Trust Fund as provided in subsection (11) or to the Department

23  of Agriculture and Consumer Services for payment or interest

24  on bonds for rural land conservation easements. Interest on

25  bonds for rural land conservation easements may not exceed $10

26  million in fiscal year 2002, $20 million in fiscal year 2003,

27  $30 million in fiscal year 2004, $40 million in fiscal year

28  2005, $50 million in fiscal year 2006, $60 million in fiscal

29  year 2007, $70 million in fiscal year 2008, $80 million in

30  fiscal year 2009, $90 million in fiscal year 2010, and $100

31  million in fiscal year 2011.

                                  4

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






    Florida House of Representatives - 2001                HB 1389

    578-140A-01






  1         Section 4.  Section 215.619, Florida Statutes, is

  2  created to read:

  3         215.619  Bonds for rural land conservation easements.--

  4         (1)  The issuance of bonds for the purchase of rural

  5  land conservation easements is hereby authorized.

  6         (2)  Bonds issued pursuant to this section shall be

  7  payable from taxes distributed in s. 201.15(1)(c).

  8         Section 5.  This act shall take effect July 1, 2001.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Creates the "Rural and Family Lands Protection Act" for
13    the purpose of limiting subdivision and conversion of
      farmland that provides economic, open space, water, and
14    wildlife benefits by directing the Department of
      Agriculture and Consumer Services to conduct a program to
15    purchase rural land conservation easements. See bill for
      details.
16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

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