Senate Bill sb1932c1

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    Florida Senate - 2002                           CS for SB 1932

    By the Committee on Natural Resources; and Senator Latvala





    312-2101-02

  1                      A bill to be entitled

  2         An act relating to land acquisitions; amending

  3         s. 215.981, F.S.; revising provisions relating

  4         to annual audits for citizen support

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

  6         providing for the funding of projects under the

  7         Florida Forever Program and the Florida

  8         Preservation 2000 Program; amending s. 380.502,

  9         F.S.; providing legislative intent regarding

10         the need to revitalize and redevelop certain

11         urban areas and the value of urban green space;

12         amending s. 380.507, F.S.; authorizing the

13         Florida Communities Trust to award 100 percent

14         grants for certain preacquired remediated

15         sites; authorizing the adoption of rules;

16         providing for the Florida Communities Trust to

17         adopt rules regarding the resolution of

18         land-use conflicts; amending s. 380.510, F.S.;

19         removing the authority of the board of

20         directors of the Florida Communities Trust to

21         extend grants beyond a specified time period;

22         providing an effective date.

23

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

25

26         Section 1.  Section 215.981, Florida Statutes, is

27  amended to read:

28         215.981  Audits of state agency direct-support

29  organizations and citizen support organizations.--Each

30  direct-support organization and each citizen support

31  organization, created or authorized pursuant to law, and

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    Florida Senate - 2002                           CS for SB 1932
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  1  created, approved, or administered by a state agency, other

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

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

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

  5  an independent certified public accountant in accordance with

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

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

  8  the direct-support organization or citizen support

  9  organization, whenever the organization's annual expenses

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

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

12  and to the state agency responsible for creation,

13  administration, or approval of the direct-support organization

14  or citizen support organization. Such state agency, the

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

16  Government Accountability shall have the authority to require

17  and receive from the organization or from the independent

18  auditor any records relative to the operation of the

19  organization.

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

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

22         259.101  Florida Preservation 2000 Act.--

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

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

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

26  issued pursuant to this act shall be deposited into the

27  Florida Preservation 2000 Trust Fund created by s. 375.045.

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

29  unencumbered cash balance less approved commitments remaining

30  in the agency subaccounts in the Preservation 2000 Trust Fund

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

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    Florida Senate - 2002                           CS for SB 1932
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  1  paragraphs (3)(a)-(h) of s. 259.105 which meet the criteria

  2  for funding pursuant to the Florida Forever Program or the

  3  Florida Preservation 2000 Program. In fiscal year 2000-2001,

  4  for each Florida Preservation 2000 program described in

  5  paragraphs (a)-(g), that portion of each program's total

  6  remaining cash balance which, as of June 30, 2000, is in

  7  excess of that program's total remaining appropriation

  8  balances shall be redistributed by the department and

  9  deposited into the Save Our Everglades Trust Fund for land

10  acquisition. For purposes of calculating the total remaining

11  cash balances for this redistribution, the Florida

12  Preservation 2000 Series 2000 bond proceeds, including

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

14  Appropriations Act amounts shall be deducted from the

15  remaining cash and appropriation balances, respectively. The

16  remaining proceeds shall be distributed by the Department of

17  Environmental Protection in the following manner:

18         (a)  Fifty percent to the Department of Environmental

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

20  259.032.  Of this 50 percent, at least one-fifth shall be used

21  for the acquisition of coastal lands.

22         (b)  Thirty percent to the Department of Environmental

23  Protection for the purchase of water management lands pursuant

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

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

26  district may also be used for acquisition of lands necessary

27  to implement surface water improvement and management plans

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

29  lands necessary to implement the Everglades Construction

30  Project authorized by s. 373.4592.

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    Florida Senate - 2002                           CS for SB 1932
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  1         (c)  Ten percent to the Department of Community Affairs

  2  to provide land acquisition grants and loans to local

  3  governments through the Florida Communities Trust pursuant to

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

  5  $3 million annually shall be used by the Division of State

  6  Lands within the Department of Environmental Protection to

  7  implement the Green Swamp Land Protection Initiative

  8  specifically for the purchase of conservation easements, as

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

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

11  Concern. Any unspent funds allocated to implement the Green

12  Swamp Land Protection Initiative after June 30, 2004, must be

13  reallocated to the Florida Greenways and Trails Program and

14  used to purchase land for the Florida National Scenic Trail.

15  From funds allocated to the trust, $3 million annually shall

16  be used by the Monroe County Comprehensive Plan Land Authority

17  specifically for the purchase of any real property interest in

18  either those lands subject to the Rate of Growth Ordinances

19  adopted by local governments in Monroe County or those lands

20  within the boundary of an approved Conservation and Recreation

21  Lands project located within the Florida Keys or Key West

22  Areas of Critical State Concern; however, title to lands

23  acquired within the boundary of an approved Conservation and

24  Recreation Lands project may, in accordance with an approved

25  joint acquisition agreement, vest in the Board of Trustees of

26  the Internal Improvement Trust Fund. Any unspent funds

27  allocated for the Monroe County Comprehensive Plan Land

28  Authority after June 30, 2004, must be reallocated and used

29  for the current selection list of the Florida Communities

30  Trust under the Florida Forever Program. Of the remaining

31  funds allocated to the trust after the above transfers occur,

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    Florida Senate - 2002                           CS for SB 1932
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  1  one-half shall be matched by local governments on a

  2  dollar-for-dollar basis.  To the extent allowed by federal

  3  requirements for the use of bond proceeds, the trust shall

  4  expend Preservation 2000 funds to carry out the purposes of

  5  part III of chapter 380.

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

  7  Environmental Protection for the purchase of inholdings and

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

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

10  jurisdiction of the Division of Recreation and Parks of the

11  department, or which may come under its jurisdiction.

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

13  Forestry of the Department of Agriculture and Consumer

14  Services to fund the acquisition of state forest inholdings

15  and additions pursuant to s. 589.07.

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

17  Wildlife Conservation Commission to fund the acquisition of

18  inholdings and additions to lands managed by the commission

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

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

21  Environmental Protection for the Florida Greenways and Trails

22  Program, to acquire greenways and trails or greenways and

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

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

25  National Scenic Trail.

26

27  Local governments may use federal grants or loans, private

28  donations, or environmental mitigation funds, including

29  environmental mitigation funds required pursuant to s.

30  338.250, for any part or all of any local match required for

31  the purposes described in this subsection.  Bond proceeds

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    Florida Senate - 2002                           CS for SB 1932
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  1  allocated pursuant to paragraph (c) may be used to purchase

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

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

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

  5  Internal Improvement Trust Fund. Title to lands purchased

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

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

  8  trustees shall hold title to land protection agreements and

  9  conservation easements that were or will be acquired pursuant

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

11  District and the St. Johns River Water Management District

12  shall monitor such agreements and easements within their

13  respective districts until the state assumes this

14  responsibility.

15         Section 3.  Present subsection (3) of section 380.502,

16  Florida Statutes, is redesignated as subsection (4) and a new

17  subsection (3) is added to that section to read:

18         380.502  Legislative findings and intent.--

19         (3)  The Legislature recognizes the need to augment

20  community efforts to revitalize and redevelop urban core and

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

22  reclaiming open space and enhancing park opportunities. The

23  Legislature also recognizes that greenspace in urban settings

24  is an integral part and function of an environmentally and

25  economically healthy municipality.

26         Section 4.  Subsection (7) and subsection (11) of

27  section 380.507, Florida Statutes, are amended to read:

28         380.507  Powers of the trust.--The trust shall have all

29  the powers necessary or convenient to carry out the purposes

30  and provisions of this part, including:

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    Florida Senate - 2002                           CS for SB 1932
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  1         (7)  To provide by grant or loan up to the total cost

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

  3  local share of federally supported projects.  The trust may

  4  require local funding participation in projects.  The trust

  5  shall determine the funding it will provide by considering the

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

  7  resources of other project participants, the urgency of the

  8  project relative to other eligible projects, and other factors

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

10  fund up to 100 percent of any local government land

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

12  may also award local governments and nonprofit environmental

13  organizations 100 percent grants for preacquired remediated

14  sites having environmental damage, for the purposes of part

15  III of chapter 380. The trust is authorized to adopt rules

16  under chapter 120 to implement such 100 percent grants.

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                           CS for 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 5.  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)  After July 1, 2002, the term of any grant using

14  funds received from the Preservation 2000 Trust Fund, pursuant

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

16  months.  The governing board of the trust may offer a grant

17  with a shorter term and may extend a grant beyond 24 months

18  when the grant recipient demonstrates that significant

19  progress is being made toward closing the project or that

20  extenuating circumstances warrant an extension of time. If a

21  local government project which was awarded a grant is not

22  closed within 24 months and the governing board of the trust

23  does not grant an extension, the grant reverts to the trust's

24  unencumbered balance of Preservation 2000 funds to be

25  redistributed to other eligible Florida Forever projects.  The

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

27  in the 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                           CS for 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 6.  This act shall take effect July 1, 2002.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1932

  8

  9  The committee substitute contains the following changes:

10  A new section 1 has been added that amends s. 215.981, F.S.,
    to exempt citizen support organizations from annual
11  CPA-conducted audits unless their annual expenses exceed
    $100,000.
12
    Obsolete provisions reallocating unexpended P-2000 funds to
13  Everglades restoration have been deleted.

14  Provisions have been added to clarify that P-2000 funds
    already distributed to entities will continue to be used by
15  those entities if they elect to use such funds for Florida
    Forever projects.
16
    After June 30, 2004, unspent P-2000 funds reserved for the
17  Green Swamp Land Protection Initiative will be reallocated and
    used to purchase land for the Florida National Scenic Trail.
18  After June 30, 2004, unspent P-2000 funds reserved for the
    Monroe County Comprehensive Plan Land Authority will be
19  reallocated to the FCT's Florida Forever program.

20  Section 380.502, F.S., is amended with provisions from section
    4 that provide legislative recognition of the need to augment
21  community efforts to revitalize and redevelop urban core and
    formerly industrial areas of the state's population centers by
22  reclaiming open space and enhancing park opportunities. The
    Legislature also recognizes that greenspace in urban settings
23  is an integral part and function of an environmentally and
    economically healthy municipality.
24
    Section 380.507(7), F.S., is amended with provisions from
25  section 4 that authorize the FCT to award local governments
    and nonprofit environmental organizations 100 percent grants
26  for preacquired remediated sites having environmental damage,
    for the purposes of part III of ch. 380. The trustees are
27  authorized to adopt rules under ch. 120 to implement such 100
    percent grants.
28
    Section 4 is deleted, as its provisions have been moved
29  elsewhere in the bill.

30

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