Senate Bill sb1758c1

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    Florida Senate - 2001                           CS for SB 1758

    By the Committee on Natural Resources and Senators Laurent,
    Posey, Lawson, Bronson, Smith, Brown-Waite, Pruitt, Mitchell
    and Constantine



    312-1631-01

  1                      A bill to be entitled

  2         An act relating to rural land conservation;

  3         creating the "Rural and Family Lands Protection

  4         Act"; defining terms; providing legislative

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

  6         the purchase of rural-lands-protection

  7         easements by the Department of Agriculture and

  8         Consumer Services; providing criteria;

  9         providing for resource conservation agreements

10         and agricultural protection agreements;

11         prescribing allowable land uses; providing for

12         an application process; providing for an

13         enforceable option to purchase property;

14         directing the department to seek funds from

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

16         providing for the distribution of certain taxes

17         to the department to be used for the program;

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

19         amending s. 570.207, F.S.; providing uses for

20         funds from the Conservation and Recreation

21         Lands Program Trust Fund; providing an

22         effective date.

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

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26         Section 1.  Short title.--This act may be cited as the

27  "Rural and Family Lands Protection Act."

28         Section 2.  Definitions.--As used in this act, the term

29  "department" means the Department of Agriculture and Consumer

30  Services.

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    Florida Senate - 2001                           CS for SB 1758
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  1         Section 3.  Section 570.70, Florida Statutes, is

  2  created to read:

  3         570.70  Legislative findings.--The Legislature finds

  4  and declares that:

  5         (1)  A thriving rural economy with a strong

  6  agricultural base, healthy natural environment, and viable

  7  rural communities is an essential part of Florida. Rural areas

  8  also include the largest remaining intact ecosystems and best

  9  examples of remaining wildlife habitats as well as a majority

10  of privately owned land targeted by local, state, and federal

11  agencies for natural-resource protection.

12         (2)  The growth of Florida's population can result in

13  agricultural and rural lands being converted into residential

14  or commercial development.

15         (3)  The agricultural, rural, natural-resource, and

16  commodity values of rural lands are vital to the state's

17  economy, productivity, rural heritage, and quality of life.

18         (4)  The purpose of this act is to bring under public

19  protection lands that serve to limit subdivision and

20  conversion of agricultural and natural areas that provide

21  economic, open space, water, and wildlife benefits by

22  acquiring land or related interests in land such as perpetual,

23  less-than-fee acquisitions, agricultural protection

24  agreements, and resource conservation agreements.

25         Section 4.  Section 570.71, Florida Statutes, is

26  created to read:

27         570.71  Conservation easements and agreements.--

28         (1)  The department may allocate moneys to acquire

29  perpetual, less-than-fee interest in land, to enter into

30  agricultural protection agreements, and to enter into resource

31  conservation agreements for the following public purposes:

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    Florida Senate - 2001                           CS for SB 1758
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  1         (a)  Promotion and improvement of wildlife habitat;

  2         (b)  Protection and enhancement of water bodies,

  3  aquifer recharge areas, wetlands, and watersheds;

  4         (c)  Perpetuation of open space on lands with

  5  significant natural areas; or

  6         (d)  Protection of agricultural lands threatened by

  7  conversion to other uses.

  8         (2)  To achieve the purposes of this act, beginning no

  9  later than July 1, 2002, and every year thereafter, the

10  department shall accept applications for project proposals

11  that:

12         (a)  Purchase conservation easements, as defined in s.

13  704.06.

14         (b)  Purchase rural-lands-protection easements pursuant

15  to this act.

16         (c)  Fund resource conservation agreements pursuant to

17  this act.

18         (d)  Fund agricultural protection agreements pursuant

19  to this act.

20         (3)  Rural-lands-protection easements shall be a

21  perpetual right or interest in agricultural land which is

22  appropriate to retain such land in predominantly its current

23  state and to prevent the subdivision and conversion of such

24  land into other uses. This right or interest in property shall

25  prohibit only the following:

26         (a)  Construction or placing of buildings, roads,

27  billboards or other advertising, utilities, or structures,

28  except those structures and unpaved roads necessary for the

29  agricultural operations on the land or structures necessary

30  for other activities allowed under the easement, and except

31  for linear facilities described in s. 704.06(11);

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    Florida Senate - 2001                           CS for SB 1758
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  1         (b)  Subdivision of the property;

  2         (c)  Dumping or placing of trash, waste, or offensive

  3  materials; and

  4         (d)  Activities that affect the natural hydrology of

  5  the land or that detrimentally affect water conservation,

  6  erosion control, soil conservation, or fish or wildlife

  7  habitat, except those required for environmental restoration;

  8  federal, state, or local government regulatory programs; or

  9  best management practices.

10         (4)  Resource conservation agreements will be contracts

11  for services which provide annual payments to landowners for

12  services that actively improve habitat and water restoration

13  or conservation on their lands over and above that which is

14  already required by law or which provide recreational

15  opportunities. They will be for a term of not less than 5

16  years and not more than 10 years. Property owners will become

17  eligible to enter into a resource conservation agreement only

18  upon entering into a conservation easement or rural lands

19  protection easement.

20         (5)  Agricultural protection agreements shall be for

21  terms of not more than 30 years and will provide payments to

22  landowners having significant natural areas on their land.

23  Public access and public recreational opportunities may be

24  negotiated at the request of the landowner.

25         (a)  For the length of the agreement, the landowner

26  shall agree to prohibit:

27         1.  Construction or placing of buildings, roads,

28  billboards or other advertising, utilities, or structures,

29  except those structures and unpaved roads necessary for the

30  agricultural operations on the land or structures necessary

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    Florida Senate - 2001                           CS for SB 1758
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  1  for other activities allowed under the easement, and except

  2  for linear facilities described in s. 704.06(11);

  3         2.  Subdivision of the property;

  4         3.  Dumping or placing of trash, waste, or offensive

  5  materials; and

  6         4.  Activities that affect the natural hydrology of the

  7  land, or that detrimentally affect water conservation, erosion

  8  control, soil conservation, or fish or wildlife habitat.

  9         (b)  Concurrently with entering into an agricultural

10  protection agreement, the landowner shall grant to the state

11  an enforceable option to purchase the property in fee simple

12  at the end of the agreement based on the value of the property

13  at the time the agreement is entered into plus a reasonable

14  escalator. The escalator shall not exceed 2 percent of the

15  value of the property at the time the agreement is entered

16  into multiplied by the number of full calendar years from the

17  date of the commencement of the agreement. At the end of an

18  agreement, the parties may agree to extend the agreement for

19  up to 5 years, but only if the option to purchase remains in

20  effect until the end of the term extension. Upon mutual

21  consent and agreement of the parties, a landowner may enter

22  into a perpetual easement at any time during the term of an

23  agricultural protection agreement.

24         (6)  Payment for conservation easements and rural land

25  protection easements shall be a lump-sum payment at the time

26  the easement is entered into, payable from proceeds derived

27  from revenues distributed pursuant to ss. 201.15 and 215.619.

28         (7)  Landowners entering into an agricultural

29  protection agreement may receive up to 50 percent of the

30  purchase price at the time the agreement is entered into and

31  remaining payments on the balance shall be equal annual

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    Florida Senate - 2001                           CS for SB 1758
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  1  payments over the term of the agreement, payable from proceeds

  2  derived from revenues distributed pursuant to ss. 201.15 and

  3  215.619, subject to the provisions of s. 11(e) of Art. VII of

  4  the State Constitution.

  5         (8)  Payments for the resource conservation agreements

  6  shall be equal annual payments over the term of the agreement,

  7  payable from proceeds derived from revenues distributed

  8  pursuant to s. 201.15.

  9         (9)  Easements purchased pursuant to this act may not

10  prevent landowners from transferring the remaining fee value

11  with the easement.

12         (10)  The department, in consultation with the

13  Department of Environmental Protection, the water management

14  districts, and the Florida Fish and Wildlife Conservation

15  Commission, shall adopt rules that establish an application

16  process, prioritize projects toward ranch and timber lands

17  using sustainable practices to best achieve the purposes of

18  this act, establish an appraisal process for easements, and

19  establish a method to determine payments under an agricultural

20  protection agreement or a resource conservation agreement.

21         (11)  The department is directed to seek funds from

22  federal sources to use in combination with state funds to

23  carry out the purposes of this section.

24         Section 5.  Paragraph (c) of subsection (1) of section

25  201.15, Florida Statutes, as amended by chapters 99-247,

26  2000-151, 2000-170, and 2000-197, Laws of Florida, is amended

27  to read:

28         201.15  Distribution of taxes collected.--All taxes

29  collected under this chapter shall be distributed as follows

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

31  215.20(1), except that such service charge shall not be levied

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    Florida Senate - 2001                           CS for SB 1758
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  1  against any portion of taxes pledged to debt service on bonds

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

  3  required to pay any amounts relating to the bonds:

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

  5  the remaining taxes collected under this chapter shall be used

  6  for the following purposes:

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

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

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

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

11  the purposes for which the General Revenue Fund was created

12  and exists by law or to the Ecosystem Management and

13  Restoration Trust Fund or to the Marine Resources Conservation

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

15  Conservation and Recreation Lands Program Trust Fund of the

16  Department of Agriculture and Consumer Services pursuant to s.

17  570.71.

18         Section 6.  Section 215.619, Florida Statutes, is

19  created to read:

20         215.619  Bonds for rural land preservation.--

21         (1)  The issuance of bonds, not to exceed $100 million,

22  to finance or refinance the Rural and Family Lands Protection

23  Act is authorized and shall commence on July 1, 2002, subject

24  to the provisions of s. 570.71 and pursuant to s. 11(e) of

25  Art. VII of the State Constitution. The duration of each

26  series of bonds issued may not exceed 10 annual maturities.

27  These Rural Land Preservation bonds shall be equally and

28  ratably secured by moneys distributed pursuant to s.

29  201.15(1)(a), except to the extent specifically provided

30  otherwise by the documents authorizing the issuance of the

31  bonds.

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    Florida Senate - 2001                           CS for SB 1758
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  1         (2)  The state covenants with the holders of Rural Land

  2  Preservation bonds that it will not take any action that will

  3  materially and adversely affect the rights of such holders so

  4  long as such bonds are outstanding, including, but not limited

  5  to, a reduction in the portion of documentary stamp taxes

  6  distributable to the Conservation and Recreation Lands Program

  7  Trust Fund of the Department of Agriculture and Consumer

  8  Services for payment of debt service.

  9         (3)  Bonds issued pursuant to this section shall be

10  payable from taxes distributable to the Conservation and

11  Recreation Lands Program Trust Fund of the Department of

12  Agriculture and Consumer Services pursuant to s. 201.15(1)(c).

13  Bonds issued pursuant to this section shall not constitute a

14  general obligation of, or a pledge of the full faith and

15  credit of, the state.

16         (4)  The Department of Agriculture and Consumer

17  Services shall request the Division of Bond Finance of the

18  State Board of Administration to issue the Rural Land

19  Preservation bonds authorized by this section. The Division of

20  Bond Finance shall issue such bonds pursuant to the State Bond

21  Act.

22         (5)  The proceeds from the sale of bonds issued

23  pursuant to this section, less the costs of issuance, the

24  costs of funding reserve accounts, and other costs with

25  respect to the bonds, shall be deposited into the Conservation

26  and Recreation Lands Program Trust Fund of the Department of

27  Agriculture and Consumer Services as provided in s. 570.71.

28         (6)  Pursuant to authority granted by s. 11(e) of Art.

29  VII of the State Constitution, there is authorized the

30  Conservation and Recreation Lands Program Trust Fund of the

31  Department of Agriculture and Consumer Services, which

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    Florida Senate - 2001                           CS for SB 1758
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  1  implements the purposes of s. 9(a)(1) of Art. XII of the State

  2  Constitution. The Conservation and Recreation Lands Program

  3  Trust Fund of the Department of Agriculture and Consumer

  4  Services shall continue beyond the termination of bonding

  5  authority provided for in s. 9(a)(1) of Art. XII of the State

  6  Constitution, pursuant to the authority provided by s. 11(e)

  7  of Art. VII of the State Constitution, and shall continue for

  8  so long as Rural Land Preservation bonds are outstanding and

  9  secured by taxes distributable thereto.

10         (7)  There shall be no sale, disposition, lease,

11  easement, license, or other use of any land, water areas, or

12  related property interests acquired or improved with proceeds

13  of Rural Land Preservation bonds which would cause all or any

14  portion of the interest of such bonds to lose the exclusion

15  from gross income for federal income tax purposes.

16         (8)  The initial series of Rural Land Preservation

17  bonds shall be validated in addition to any other bonds

18  required to be validated pursuant to s. 215.82. Any complaint

19  for validation of bonds issued pursuant to this section shall

20  be filed only in the circuit court of the county where the

21  seat of state government is situated; the notice required to

22  be published by s. 75.06 shall be published only in the county

23  where the complaint is filed; and the complaint and order of

24  the circuit court shall be served only on the state attorney

25  of the circuit in which the action is pending.

26         Section 7.  Subsection (1) of section 570.207, Florida

27  Statutes, is amended to read:

28         570.207  Conservation and Recreation Lands Program

29  Trust Fund of the Department of Agriculture and Consumer

30  Services.--

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    Florida Senate - 2001                           CS for SB 1758
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  1         (1)  There is created a Conservation and Recreation

  2  Lands Program Trust Fund within the Department of Agriculture

  3  and Consumer Services. The purpose of the trust fund is to

  4  provide for the management of conservation and recreation

  5  lands by the department. Funds may be appropriated to the

  6  trust fund from the Conservation and Recreation Lands Trust

  7  Fund in the Department of Environmental Protection, as created

  8  by s. 259.032(2), or from such other sources as the

  9  Legislature may determine for the management of conservation

10  and recreation lands by the department. Additionally, subject

11  to the provisions of s. 11(e) of Art. VII of the State

12  Constitution, the department may use moneys deposited pursuant

13  to s. 201.15, bonded revenues deposited pursuant to s.

14  215.619, and funds from such other sources as the Legislature

15  determines for the acquisition of conservation easements and

16  rural-lands-protection easements and for funding agricultural

17  protection agreements and resource conservation agreements

18  pursuant to s. 570.71.

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

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    Florida Senate - 2001                           CS for SB 1758
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1758

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  4  The overall intent of the bill remains the same even though it
    has been substantially rewritten. Bond revenues backed by a
  5  portion of the Documentary Stamp Tax proceeds would be used to
    acquire interest in rural and agricultural lands to limit
  6  conversion of agricultural and natural areas to urban and
    other uses. The program will be administered by the Department
  7  of Agriculture and Consumer Services.

  8  Legislative findings and intent is clarified to protect rural
    and agricultural lands by acquiring land or related interests
  9  in land such as perpetual easements, less than fee
    acquisitions, agricultural protection agreements and resource
10  conservation agreements. The original bill focused solely on
    two types of easements - permanent easements and thirty-year
11  easements.

12  The CS specifies the requirements, limitations, and payment
    consideration for conservation easements, rural lands
13  protection easements, resource conservation agreements and
    agricultural protection agreements.
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    The Department of Agriculture and Consumer Services in
15  consultation with the Department of Environmental Protection,
    the water management districts, and the Fish and Wildlife
16  Conservation Commission, shall adopt rules that establish an
    application process, prioritize projects toward ranch and
17  timber lands to achieve the purposes of this act.

18  The original bill provided for the incremental increase in the
    use of Documentary Stamp Tax revenues by $10 million each year
19  for ten years ending in fiscal year 2011 to be used for
    interest on bonds. The CS provides for the issuance of not
20  more than $100 million in bonds, beginning July 1, 2002 for
    this act. Specific provisions are included in the CS to
21  prescribe requirements for the issuance of bonds. The CS
    provides for moneys available for this act to be deposited in
22  the Conservation and Recreation Lands Program Trust Fund in
    the Department of Agriculture and Consumer Services. Such
23  trust fund provisions were not in the original bill.

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