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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Natural Resources & Environmental Protection

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 215.981, Florida Statutes, is

19  amended to read:

20         215.981  Audits of state agency direct-support

21  organizations and citizen support organizations.--Each

22  direct-support organization and each citizen support

23  organization, created or authorized pursuant to law, and

24  created, approved, or administered by a state agency, other

25  than a university, district board of trustees of a community

26  college, or district school board, shall provide for an annual

27  financial audit of its accounts and records to be conducted by

28  an independent certified public accountant in accordance with

29  rules adopted by the Auditor General pursuant to s. 11.45(8)

30  and the state agency that created, approved, or administers

31  the direct-support organization or citizen support

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1  organization, whenever the organization's annual expenses

  2  exceed $100,000. The audit report shall be submitted within 9

  3  months after the end of the fiscal year to the Auditor General

  4  and to the state agency responsible for creation,

  5  administration, or approval of the direct-support organization

  6  or citizen support organization. Such state agency, the

  7  Auditor General, and the Office of Program Policy Analysis and

  8  Government Accountability shall have the authority to require

  9  and receive from the organization or from the independent

10  auditor any records relative to the operation of the

11  organization.

12         Section 2.  Effective July 1, 2002, subsection (3) of

13  section 259.101, Florida Statutes, is amended to read:

14         259.101  Florida Preservation 2000 Act.--

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

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

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

18  issued pursuant to this act shall be deposited into the

19  Florida Preservation 2000 Trust Fund created by s. 375.045. In

20  fiscal year 2000-2001, for each Florida Preservation 2000

21  program described in paragraphs (a)-(g), that portion of each

22  program's total remaining cash balance which, as of June 30,

23  2000, is in excess of that program's total remaining

24  appropriation balances shall be redistributed by the

25  department and deposited into the Save Our Everglades Trust

26  Fund for land acquisition. For purposes of calculating the

27  total remaining cash balances for this redistribution, the

28  Florida Preservation 2000 Series 2000 bond proceeds, including

29  interest thereon, and the fiscal year 1999-2000 General

30  Appropriations Act amounts shall be deducted from the

31  remaining cash and appropriation balances, respectively.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1  Beginning in fiscal year 2002-2003, funds from the

  2  unencumbered cash balance less approved commitments remaining

  3  in the agency subaccounts in the Preservation 2000 Trust Fund

  4  may be used by those agencies to fund projects described in

  5  paragraphs (3)(a)-(h) of s. 259.105 which meet the criteria

  6  for funding pursuant to the Florida Forever Program or the

  7  Florida Preservation 2000 Program. The remaining proceeds

  8  shall be distributed by the Department of Environmental

  9  Protection in the following manner:

10         (a)  Fifty percent to the Department of Environmental

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

12  259.032.  Of this 50 percent, at least one-fifth shall be used

13  for the acquisition of coastal lands.

14         (b)  Thirty percent to the Department of Environmental

15  Protection for the purchase of water management lands pursuant

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

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

18  district may also be used for acquisition of lands necessary

19  to implement surface water improvement and management plans

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

21  lands necessary to implement the Everglades Construction

22  Project authorized by s. 373.4592.

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

24  to provide land acquisition grants and loans to local

25  governments through the Florida Communities Trust pursuant to

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

27  $3 million annually shall be used by the Division of State

28  Lands within the Department of Environmental Protection to

29  implement the Green Swamp Land Protection Initiative

30  specifically for the purchase of conservation easements, as

31  defined in s. 380.0677(4), of lands, or severable interests or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1  rights in lands, in the Green Swamp Area of Critical State

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

  3  annually shall be used by the Monroe County Comprehensive Plan

  4  Land Authority specifically for the purchase of any real

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

  6  Growth Ordinances adopted by local governments in Monroe

  7  County or those lands within the boundary of an approved

  8  Conservation and Recreation Lands project located within the

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

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

11  approved Conservation and Recreation Lands project may, in

12  accordance with an approved joint acquisition agreement, vest

13  in the Board of Trustees of the Internal Improvement Trust

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

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

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

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

18  the trust shall expend Preservation 2000 funds to carry out

19  the purposes of part III of chapter 380.

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

21  Environmental Protection for the purchase of inholdings and

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

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

24  jurisdiction of the Division of Recreation and Parks of the

25  department, or which may come under its jurisdiction.

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

27  Forestry of the Department of Agriculture and Consumer

28  Services to fund the acquisition of state forest inholdings

29  and additions pursuant to s. 589.07.

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

31  Wildlife Conservation Commission to fund the acquisition of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1  inholdings and additions to lands managed by the commission

  2  which are important to the conservation of fish and wildlife.

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

  4  Environmental Protection for the Florida Greenways and Trails

  5  Program, to acquire greenways and trails or greenways and

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

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

  8  National Scenic Trail.

  9

10  Local governments may use federal grants or loans, private

11  donations, or environmental mitigation funds, including

12  environmental mitigation funds required pursuant to s.

13  338.250, for any part or all of any local match required for

14  the purposes described in this subsection.  Bond proceeds

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

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

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

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

19  Internal Improvement Trust Fund. Title to lands purchased

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

21  Trustees of the Internal Improvement Trust Fund. The board of

22  trustees shall hold title to land protection agreements and

23  conservation easements that were or will be acquired pursuant

24  to s. 380.0677, and the Southwest Florida Water Management

25  District and the St. Johns River Water Management District

26  shall monitor such agreements and easements within their

27  respective districts until the state assumes this

28  responsibility.

29         Section 3.  Subsection (3) of section 380.502, Florida

30  Statutes, is renumbered as subsection (4), and a new

31  subsection (3) is added to said section to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1         380.502  Legislative findings and intent.--

  2         (3)  The Legislature recognizes the need to augment

  3  community efforts to revitalize and redevelop urban core and

  4  formerly industrial areas of the state's population centers by

  5  reclaiming open space and enhancing park opportunities.  The

  6  Legislature also recognizes that greenspace in urban settings

  7  is an integral part and function of an environmentally and

  8  economically healthy municipality.

  9         (4)(3)  It is the intent of the Legislature to

10  establish a nonregulatory agency that will assist local

11  governments in bringing local comprehensive plans into

12  compliance and implementing the goals, objectives, and

13  policies of the conservation, recreation and open space, and

14  coastal elements of local comprehensive plans, or in

15  conserving natural resources and resolving land use conflicts

16  by:

17         (a)  Responding promptly and creatively to

18  opportunities to correct undesirable development patterns,

19  restore degraded natural areas, enhance resource values,

20  restore deteriorated or deteriorating urban waterfronts,

21  reserve lands for later purchase, participate in and promote

22  the use of innovative land acquisition methods, and provide

23  public access to surface waters.

24         (b)  Providing financial and technical assistance to

25  local governments, state agencies, and nonprofit organizations

26  to carry out projects and activities and to develop programs

27  authorized by this part.

28         (c)  Involving local governments and private interests

29  in voluntarily resolving land use conflicts and issues.

30         Section 4.  Subsections (7) and (11) of section

31  380.507, Florida Statutes, are amended to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1         380.507  Powers of the trust.--The trust shall have all

  2  the powers necessary or convenient to carry out the purposes

  3  and provisions of this part, including:

  4         (7)  To provide by grant or loan up to the total cost

  5  of any project approved according to this part, including the

  6  local share of federally supported projects.  The trust may

  7  require local funding participation in projects.  The trust

  8  shall determine the funding it will provide by considering the

  9  total amount of funding available for the project, the fiscal

10  resources of other project participants, the urgency of the

11  project relative to other eligible projects, and other factors

12  which the trust shall have prescribed by rule.  The trust may

13  fund up to 100 percent of any local government land

14  acquisition costs, if part of an approved project. The trust

15  may also award local governments and nonprofit environmental

16  organizations 100 percent grants for preacquired remediated

17  sites having environmental damage, for the purposes of part

18  III of chapter 380, Florida Statutes.

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

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

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

22  adopt rules governing the acquisition of lands using proceeds

23  from the Preservation 2000 Trust Fund and the Florida Forever

24  Trust Fund, consistent with the intent expressed in the

25  Florida Forever Act. Such rules for land acquisition must

26  include, but are not limited to, procedures for appraisals and

27  confidentiality consistent with ss. 125.355(1)(a) and (b) and

28  166.045(1)(a) and (b), a method of determining a maximum

29  purchase price, and procedures to assure that the land is

30  acquired in a voluntarily negotiated transaction, surveyed,

31  conveyed with marketable title, and examined for hazardous

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1  materials contamination, and procedures for the awarding of

  2  project excellence points for proposed projects that

  3  voluntarily help resolve land-use conflicts and issues under

  4  s. 380.502(3)(c). Land acquisition procedures of a local land

  5  authority created pursuant to s. 380.0663 or s. 380.0677 may

  6  be used for the land acquisition programs described by ss.

  7  259.101(3)(c) and 259.105 if within areas of critical state

  8  concern designated pursuant to s. 380.05, subject to approval

  9  of the trust.

10         Section 5.  Paragraph (f) of subsection (3) of section

11  380.510, Florida Statutes, is amended to read:

12         380.510  Conditions of grants and loans.--

13         (3)  In the case of a grant or loan for land

14  acquisition, agreements shall provide all of the following:

15         (f)  The term of any grant using funds received from

16  the Preservation 2000 Trust Fund, pursuant to s.

17  259.101(3)(c), shall be for a period not to exceed 24 months.

18  The governing board of the trust may offer a grant with a

19  shorter term and may extend a grant beyond 24 months when the

20  grant recipient demonstrates that significant progress is

21  being made toward closing the project or that extenuating

22  circumstances warrant an extension of time. If a local

23  government project which was awarded a grant is not closed

24  within 24 months and the governing board of the trust does not

25  grant an extension, the grant reverts to the trust's

26  unencumbered balance of Preservation 2000 funds to be

27  redistributed to other Florida Forever eligible projects.  The

28  local government may reapply for a grant to fund the project

29  in the trust's next application cycle.

30

31  Any deed or other instrument of conveyance whereby a nonprofit

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1  organization or local government acquires real property under

  2  this section shall set forth the interest of the state.  The

  3  trust shall keep at least one copy of any such instrument and

  4  shall provide at least one copy to the Board of Trustees of

  5  the Internal Improvement Trust Fund.

  6         Section 6.  This act shall take effect July 1, 2002.

  7

  8

  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, lines 2 through 14

12  remove:

13

14  and insert:

15         An act relating to land acquisitions; amending

16         s. 215.981, F.S.; providing an exemption from

17         audit requirements for direct support

18         organizations and citizen support

19         organizations; amending s. 259.101, F.S.;

20         repealing outdated language appropriating

21         Preservation 2000 funds to the Save Our

22         Everglades Trust Fund; providing for the

23         funding of projects under the Florida Forever

24         Program or the Florida Preservation 2000

25         Program; amending s. 380.502, F.S.; providing

26         recognition of the importance of reclaiming

27         open space and enhancing park opportunities;

28         amending s. 380.507, F.S.; authorizing Florida

29         Communities Trust to award 100 percent grants

30         to local governments and non-profit

31         organizations for preacquired remediated land;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1477

    Amendment No. 1 (for drafter's use only)





  1         providing for the Florida Communities Trust to

  2         adopt rules regarding the resolution of

  3         land-use conflicts and issues; amending s.

  4         380.510, F.S.; removing the authority of the

  5         board of directors of the Florida Communities

  6         Trust to extend grants beyond a specified time

  7         period; providing an effective date.

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