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.
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25 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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
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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
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1 (c)(b) Federal funds;
2 (d)(c) Other governmental entities;
3 (e)(d) Nongovernmental organizations; or
4 (f)(e) Private individuals.
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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.
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20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 Senate Bill 1770
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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.
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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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