Senate Bill sb1770c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 1770

    By the Committee on Natural Resources; and Senator Laurent





    312-2003-02

  1                      A bill to be entitled

  2         An act relating to rural land protection;

  3         amending s. 201.15, F.S.; providing for the

  4         distribution of certain excise taxes on

  5         documents to the Rural Lands Program Trust Fund

  6         of the Department of Agriculture and Consumer

  7         Services; creating s. 215.619, F.S.;

  8         authorizing the issuance of bonds for rural

  9         land protection; providing certain conditions;

10         providing for the deposit of proceeds; amending

11         s. 570.207, F.S.; providing uses for funds in

12         the Conservation and Recreation Lands Program

13         Trust Fund; amending s. 570.70, F.S.; providing

14         conclusions of a study by the department;

15         amending s. 570.71, F.S.; authorizing the use

16         of rural land protection bonds to implement

17         provisions relating to conservation and rural

18         land protection easements and agreements;

19         providing legislative intent that the issuance

20         of rural land protection bonds is in the best

21         interest of the state and should be

22         implemented; providing a contingent effective

23         date.

24

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

26

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

28  201.15, Florida Statutes, is amended to read:

29         201.15  Distribution of taxes collected.--All taxes

30  collected under this chapter shall be distributed as follows

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

                                  1

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






    Florida Senate - 2002                           CS for SB 1770
    312-2003-02




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

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

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

  4  required to pay any amounts relating to the bonds:

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

  6  the remaining taxes collected under this chapter shall be used

  7  for the following purposes:

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

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

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

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

12  the purposes for which the General Revenue Fund was created

13  and exists by law, or to the Ecosystem Management and

14  Restoration Trust Fund or to the Marine Resources Conservation

15  Trust Fund as provided in subsection (11), or to the Rural

16  Lands Program Trust Fund of the Department of Agriculture and

17  Consumer Services pursuant to s. 215.619. Moneys available

18  under this paragraph shall first be used to pay debt service

19  due on any rural land protection bond or to make any other

20  payments required pursuant to the bond documents authorizing

21  the issuance before such moneys are used for other purposes

22  authorized by this paragraph.

23         Section 2.  Section 215.619, Florida Statutes, is

24  created to read:

25         215.619  Bonds for rural land protection.--

26         (1)  The issuance of rural land protection bonds not

27  exceeding $1 billion is hereby authorized. Such rural land

28  protection bonds may be issued over the next 10 fiscal years

29  commencing on July 1, 2002, in an amount not exceeding $100

30  million in any fiscal year, subject to the provisions of s.

31  570.71 and pursuant to s. 11(e), Art. VII of the State

                                  2

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






    Florida Senate - 2002                           CS for SB 1770
    312-2003-02




  1  Constitution. The duration of each series of bonds issued may

  2  not exceed 20 annual maturities.

  3         (2)  The state covenants with the holders of rural land

  4  protection bonds that it will not take any action that will

  5  materially and adversely affect the rights of such holders so

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

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

  8  distributable to the Rural Lands Program Trust Fund of the

  9  Department of Agriculture and Consumer Services for payment of

10  debt service.

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

12  payable from taxes distributable to the Rural Lands Program

13  Trust Fund of the Department of Agriculture and Consumer

14  Services pursuant to s. 201.15(1)(c). Bonds issued pursuant to

15  this section shall not constitute a general obligation of, or

16  a pledge of the full faith and credit of, the state.

17         (4)  The Department of Agriculture and Consumer

18  Services shall request the Division of Bond Finance of the

19  State Board of Administration to issue the rural land

20  protection bonds authorized by this section. The Division of

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

22  Act.

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

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

25  costs of funding reserve accounts, and other costs with

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

27  and Recreation Lands Program Trust Fund of the Department of

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

29         (6)  There shall be no sale, disposition, lease,

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

31  related property interests acquired or improved with proceeds

                                  3

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






    Florida Senate - 2002                           CS for SB 1770
    312-2003-02




  1  of rural land protection bonds which would cause all or any

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

  3  from gross income for federal income tax purposes.

  4         (7)  The initial series of rural land protection bonds

  5  shall be validated in addition to any other bonds required to

  6  be validated pursuant to s. 215.82. Any complaint for

  7  validation of bonds issued pursuant to this section shall be

  8  filed only in the circuit court of the county where the seat

  9  of state government is situated; the notice required to be

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

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

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

13  of the circuit in which the action is pending.

14         Section 3.  Subsection (1) of section 570.207, Florida

15  Statutes, is amended to read:

16         570.207  Conservation and Recreation Lands Program

17  Trust Fund of the Department of Agriculture and Consumer

18  Services.--

19         (1)  There is created a Conservation and Recreation

20  Lands Program Trust Fund within the Department of Agriculture

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

22  provide for the management of conservation and recreation

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

24  trust fund from the Conservation and Recreation Lands Trust

25  Fund in the Department of Environmental Protection, as created

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

27  Legislature may determine for the management of conservation

28  and recreation lands by the department. Additionally, subject

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

30  Constitution, the department may use bond proceeds deposited

31  pursuant to s. 215.619 and funds from such other sources as

                                  4

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






    Florida Senate - 2002                           CS for SB 1770
    312-2003-02




  1  the Legislature determines for the acquisition of conservation

  2  easements and rural land protection easements and for funding

  3  agricultural protection agreements and resource conservation

  4  agreements pursuant to s. 570.71.

  5         Section 4.  Section 570.70, Florida Statutes, is

  6  amended to read:

  7         570.70  Legislative findings; study.--

  8         (1)  The Legislature finds and declares that:

  9         (a)(1)  A thriving rural economy with a strong

10  agricultural base, healthy natural environment, and viable

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

12  also include the largest remaining intact ecosystems and best

13  examples of remaining wildlife habitats as well as a majority

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

15  agencies for natural resource protection.

16         (b)(2)  The growth of Florida's population can result

17  in agricultural and rural lands being converted into

18  residential or commercial development.

19         (c)(3)  The agricultural, rural, natural resource, and

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

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

22         (d)(4)  There is The Legislature further recognizes the

23  need for enhancing the ability of rural landowners to obtain

24  economic value from their property, protecting rural

25  character, controlling urban sprawl, and providing necessary

26  open space for agriculture and the natural environment, and

27  the importance of maintaining and protecting Florida's rural

28  economy through innovative planning and development strategies

29  in rural areas and the use of incentives that reward

30  landowners for good stewardship of land and natural resources.

31

                                  5

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






    Florida Senate - 2002                           CS for SB 1770
    312-2003-02




  1         (e)(5)  The purpose of this act is to bring under

  2  public protection lands that serve to limit subdivision and

  3  conversion of agricultural and natural areas that provide

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

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

  6  less-than-fee acquisitions, agricultural protection

  7  agreements, and resource conservation agreements and

  8  innovative planning and development strategies in rural areas.

  9         (2)  A study conducted by the department to determine

10  and prioritize needs for implementing the provisions of this

11  section and s. 570.71 concluded the following:

12         (a)  Between 1964 and 1997, Florida lost nearly 5

13  million acres of valuable agricultural land, with most of the

14  loss involving ranch and forest lands.

15         (b)  Florida currently has 9,114,000 acres of

16  agricultural land with natural resource attributes, including

17  groundwater recharge, natural floodplain, and significant

18  species habitat, and more than 900,000 acres of this land will

19  be converted to other uses within a decade.

20         (c)  The objective of a program to protect agricultural

21  land with natural resource value through conservation

22  easements and other tools should be protection of 1 acre for

23  every acre lost.

24         Section 5.  Subsection (12) of section 570.71, Florida

25  Statutes, is amended to read:

26         570.71  Conservation easements and agreements.--

27         (12)  The department is authorized to use funds from

28  the following sources to implement this act:

29         (a)  State funds;

30         (b)  Rural land protection bonds as authorized by s.

31  215.619;

                                  6

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






    Florida Senate - 2002                           CS for SB 1770
    312-2003-02




  1         (c)(b)  Federal funds;

  2         (d)(c)  Other governmental entities;

  3         (e)(d)  Nongovernmental organizations; or

  4         (f)(e)  Private individuals.

  5

  6  Any such funds provided shall be deposited into the

  7  Conservation and Recreation Lands Program Trust Fund within

  8  the Department of Agriculture and Consumer Services and used

  9  for the purposes of this act.

10         Section 6.  In accordance with section 215.98(1),

11  Florida Statutes, the Legislature determines that the issuance

12  of rural land protection bonds under section 2 of this act is

13  in the best interest of the state and should be implemented.

14         Section 7.  This act shall take effect July 1, 2002, if

15  Committee Substitute for Senate Bill 1768 or similar

16  legislation creating the Rural Lands Program Trust Fund is

17  adopted in the same legislative session or an extension

18  thereof and becomes law.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 1770

22

23  The committee substitute includes a new section 6 expressing
    legislative intent that the issuance of rural land protection
24  bonds is in the best interest of the state and should be
    implemented.
25
    The bill will take effect only if CS/SB 1768 or similar
26  legislation is enacted during the same legislative session.

27

28

29

30

31

                                  7

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