Senate Bill sb1770c1
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    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.
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    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
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    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
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    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
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    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.
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    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;
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    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.
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