Senate Bill sb1932

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    Florida Senate - 2002                                  SB 1932

    By Senator Latvala





    19-1687-02

  1                      A bill to be entitled

  2         An act relating to land acquisitions; amending

  3         s. 259.101, F.S.; providing for the funding of

  4         projects under the Florida Forever Program and

  5         the Florida Preservation 2000 Program; amending

  6         s. 380.507, F.S.; providing for the Florida

  7         Communities Trust to adopt rules regarding the

  8         resolution of land-use conflicts; amending s.

  9         380.510, F.S.; removing the authority of the

10         board of directors of the Florida Communities

11         Trust to extend grants beyond a specified time

12         period; authorizing the board to award grants

13         to reclaim urban and industrial land for parks

14         and open space; providing an effective date.

15

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

17

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

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

20         259.101  Florida Preservation 2000 Act.--

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

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

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

24  issued pursuant to this act shall be deposited into the

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

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

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

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

29  2000, is in excess of that program's total remaining

30  appropriation balances shall be redistributed by the

31  department and deposited into the Save Our Everglades Trust

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    Florida Senate - 2002                                  SB 1932
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  1  Fund for land acquisition. For purposes of calculating the

  2  total remaining cash balances for this redistribution, the

  3  Florida Preservation 2000 Series 2000 bond proceeds, including

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

  5  Appropriations Act amounts shall be deducted from the

  6  remaining cash and appropriation balances, respectively.

  7  Beginning in fiscal year 2001-2002, funds from the

  8  unencumbered cash balance less approved commitments remaining

  9  in the Preservation 2000 Trust Fund may be used to fund

10  projects described in paragraphs (3)(a)-(h) of s. 259.105

11  which meet the criteria for funding pursuant to the Florida

12  Forever Program and the Florida Preservation 2000 Program. The

13  remaining proceeds shall be distributed by the Department of

14  Environmental Protection in the following manner:

15         (a)  Fifty percent to the Department of Environmental

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

17  259.032.  Of this 50 percent, at least one-fifth shall be used

18  for the acquisition of coastal lands.

19         (b)  Thirty percent to the Department of Environmental

20  Protection for the purchase of water management lands pursuant

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

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

23  district may also be used for acquisition of lands necessary

24  to implement surface water improvement and management plans

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

26  lands necessary to implement the Everglades Construction

27  Project authorized by s. 373.4592.

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

29  to provide land acquisition grants and loans to local

30  governments through the Florida Communities Trust pursuant to

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

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    Florida Senate - 2002                                  SB 1932
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  1  $3 million annually shall be used by the Division of State

  2  Lands within the Department of Environmental Protection to

  3  implement the Green Swamp Land Protection Initiative

  4  specifically for the purchase of conservation easements, as

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

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

  7  Concern. Any unencumbered funds allocated to implement the

  8  Green Swamp Land Protection Initiative after June 30, 2002,

  9  must be reallocated to the Florida Greenways and Trails

10  Program and used to purchase land for the Florida National

11  Scenic Trail. From funds allocated to the trust, $3 million

12  annually shall be used by the Monroe County Comprehensive Plan

13  Land Authority specifically for the purchase of any real

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

15  Growth Ordinances adopted by local governments in Monroe

16  County or those lands within the boundary of an approved

17  Conservation and Recreation Lands project located within the

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

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

20  approved Conservation and Recreation Lands project may, in

21  accordance with an approved joint acquisition agreement, vest

22  in the Board of Trustees of the Internal Improvement Trust

23  Fund. Any unencumbered funds allocated for the Monroe County

24  Comprehensive Plan Land Authority after June 30, 2003, must be

25  reallocated and used for the current selection list of the

26  Florida Communities Trust under the Florida Forever Program.

27  Of the remaining funds allocated to the trust after the above

28  transfers occur, one-half shall be matched by local

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

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

31

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  1  the trust shall expend Preservation 2000 funds to carry out

  2  the purposes of part III of chapter 380.

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

  4  Environmental Protection for the purchase of inholdings and

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

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

  7  jurisdiction of the Division of Recreation and Parks of the

  8  department, or which may come under its jurisdiction.

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

10  Forestry of the Department of Agriculture and Consumer

11  Services to fund the acquisition of state forest inholdings

12  and additions pursuant to s. 589.07.

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

14  Wildlife Conservation Commission to fund the acquisition of

15  inholdings and additions to lands managed by the commission

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

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

18  Environmental Protection for the Florida Greenways and Trails

19  Program, to acquire greenways and trails or greenways and

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

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

22  National Scenic Trail.

23

24  Local governments may use federal grants or loans, private

25  donations, or environmental mitigation funds, including

26  environmental mitigation funds required pursuant to s.

27  338.250, for any part or all of any local match required for

28  the purposes described in this subsection.  Bond proceeds

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

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

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

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    Florida Senate - 2002                                  SB 1932
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  1  (f), and (g) shall be vested in the Board of Trustees of the

  2  Internal Improvement Trust Fund. Title to lands purchased

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

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

  5  trustees shall hold title to land protection agreements and

  6  conservation easements that were or will be acquired pursuant

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

  8  District and the St. Johns River Water Management District

  9  shall monitor such agreements and easements within their

10  respective districts until the state assumes this

11  responsibility.

12         Section 2.  Subsection (11) of section 380.507, Florida

13  Statutes, is amended to read:

14         380.507  Powers of the trust.--The trust shall have all

15  the powers necessary or convenient to carry out the purposes

16  and provisions of this part, including:

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

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

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

20  adopt rules governing the acquisition of lands using proceeds

21  from the Preservation 2000 Trust Fund and the Florida Forever

22  Trust Fund, consistent with the intent expressed in the

23  Florida Forever Act. Such rules for land acquisition must

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

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

26  166.045(1)(a) and (b), a method of determining a maximum

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

28  acquired in a voluntarily negotiated transaction, surveyed,

29  conveyed with marketable title, and examined for hazardous

30  materials contamination, and procedures for the awarding of

31  project excellence points for proposed projects that

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    Florida Senate - 2002                                  SB 1932
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  1  voluntarily help resolve land-use conflicts and issues under

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

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

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

  5  259.101(3)(c) and 259.105 if within areas of critical state

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

  7  of the trust.

  8         Section 3.  Paragraph (f) of subsection (3) of section

  9  380.510, Florida Statutes, is amended to read:

10         380.510  Conditions of grants and loans.--

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

12  acquisition, agreements shall provide all of the following:

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

14  the Preservation 2000 Trust Fund, pursuant to s.

15  259.101(3)(c), shall be for a period not to exceed 24 months.

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

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

18  grant recipient demonstrates that significant progress is

19  being made toward closing the project or that extenuating

20  circumstances warrant an extension of time. If a local

21  government project which was awarded a grant is not closed

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

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

24  unencumbered balance of Preservation 2000 funds to be

25  redistributed to other eligible projects.  The local

26  government may reapply for a grant to fund the project in the

27  trust's next application cycle.

28

29  Any deed or other instrument of conveyance whereby a nonprofit

30  organization or local government acquires real property under

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

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    Florida Senate - 2002                                  SB 1932
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  1  trust shall keep at least one copy of any such instrument and

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

  3  the Internal Improvement Trust Fund.

  4         Section 4.  The Legislature recognizes the need to

  5  augment community efforts to revitalize and redevelop urban

  6  core and formerly industrial areas of the state's population

  7  centers by reclaiming open space and enhancing park

  8  opportunities. The Legislature recognizes that greenspace in

  9  urban settings is an integral part and function of an

10  environmentally and economically healthy municipality. The

11  Florida Communities Trust Governing Board may award local

12  governments 100 percent grants for preacquired and remediated

13  sites having environmental damage, for the purposes of part

14  III of chapter 380, Florida Statutes.

15         Section 5.  This act shall take effect July 1, 2002.

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18                          SENATE SUMMARY

19    Provides for the funding of projects under the Florida
      Forever Program and the Florida Preservation 2000
20    Program. Revises the authority of the board of directors
      of the Florida Communities Trust regarding grants and
21    rules for resolution of land-use conflicts.

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