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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on State Administration offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (1), (4) and (5) of section

18  215.618, Florida Statutes, are amended to read:

19         215.618  Bonds for acquisition and improvement of land,

20  water areas, and related property interests and resources.--

21         (1)  The issuance of Florida Forever bonds, not to

22  exceed $3.075 $3 billion, to finance or refinance the cost of

23  acquisition and improvement of land, water areas, and related

24  property interests and resources, in urban and rural settings,

25  for the purposes of restoration, conservation, recreation,

26  water resource development, or historical preservation, and

27  for capital improvements to lands and water areas that

28  accomplish environmental restoration, enhance public access

29  and recreational enjoyment, promote long-term management

30  goals, and facilitate water resource development is hereby

31  authorized, subject to the provisions of s. 259.105 and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  pursuant to s. 11(e), Art. VII of the State Constitution.

  2  Florida Forever bonds may also be issued to refund

  3  Preservation 2000 bonds issued pursuant to s. 375.051. The

  4  $3.075 $3 billion limitation on the issuance of Florida

  5  Forever bonds does not apply to refunding bonds. The duration

  6  of each series of Florida Forever bonds issued may not exceed

  7  20 annual maturities. Preservation 2000 bonds and Florida

  8  Forever bonds shall be equally and ratably secured by moneys

  9  distributable to the Land Acquisition Trust Fund pursuant to

10  s. 201.15(1)(a), except to the extent specifically provided

11  otherwise by the documents authorizing the issuance of the

12  bonds.

13         (4)  The Department of Environmental Protection shall

14  request the Division of Bond Finance of the State Board of

15  Administration to issue the Florida Forever bonds authorized

16  by this section. The Division of Bond Finance shall issue such

17  bonds pursuant to the State Bond Act.  There is also hereby

18  authorized $75 million of Florida Forever bonds to provide

19  moneys for the appropriation to restore amounts transferred

20  from the Preservation 2000 Trust Fund to the Save Our

21  Everglades Trust Fund in fiscal year 2001-2002 due to

22  budgeting constraints.

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 Florida

27  Forever Trust Fund. The bond proceeds deposited into the

28  Florida Forever Trust Fund shall be distributed by the

29  Department of Environmental Protection as provided in s.

30  259.105.  The net proceeds derived from the sale of $75

31  million of Florida Forever bonds to restore amounts

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  transferred from the Preservation 2000 Trust Fund to the Save

  2  Our Everglades Trust Fund shall be deposited into the Florida

  3  Forever Trust Fund to be expended for land acquisition.

  4         Section 2.  Subsection (2) of section 259.101, Florida

  5  Statutes, is amended, subsection (3) of that section, as

  6  amended by section 37 of chapter 2001-254, Laws of Florida, is

  7  amended, and paragraph (g) is added to subsection (4) of that

  8  section, to read:

  9         259.101  Florida Preservation 2000 Act.--

10         (2)  LEGISLATIVE FINDINGS.--The Legislature finds and

11  declares that:

12         (a)  The alteration and development of Florida's

13  natural areas to accommodate its rapidly growing population

14  have contributed to the degradation of water resources, the

15  fragmentation and destruction of wildlife habitats, the loss

16  of recreation space, and the diminishment of wetlands and

17  forests.

18         (b)  Imminent development of Florida's remaining

19  natural areas and continuing increases in land values

20  necessitate an aggressive program of public land acquisition

21  during the next decade to preserve the quality of life that

22  attracts so many people to Florida.

23         (c)  Acquisition of public lands, in fee simple or in

24  any lesser interest, should be based on a comprehensive

25  assessment of Florida's natural resources and planned so as to

26  protect the integrity of ecological systems and to provide

27  multiple benefits, including preservation of fish and wildlife

28  habitat, recreation space, and water recharge areas.

29  Governmental agencies responsible for public land acquisition

30  should work together to purchase lands jointly and to

31  coordinate individual purchases within ecological systems.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1         (d)  One of the purposes of the Florida Communities

  2  Trust program is to acquire, protect, and preserve open space

  3  and recreation properties within urban areas where pristine

  4  animal and plant communities no longer exist. These areas are

  5  often overlooked in other programs because of their smaller

  6  size and proximity to developed property.  These smaller

  7  parcels are, however, critically important to the quality of

  8  life in these urban areas for the residents who live there as

  9  well as to the many visitors to the state. The trust shall

10  consider projects submitted by local governments which further

11  the goals, objectives, and policies of the conservation,

12  recreation and open space, or coastal elements of their local

13  comprehensive plans or which serve to conserve natural

14  resources or resolve land use conflicts.

15         (e)  South Florida's water supply and unique natural

16  environment depend on the protection of lands buffering the

17  East Everglades and the Everglades water conservation areas.

18

19  In addition, the Legislature recognizes the conflicting

20  desires of the citizens of this state to prosper through

21  economic development and to preserve the natural areas of

22  Florida that development threatens to claim. The Legislature

23  further recognizes the urgency of acquiring natural areas in

24  the state for preservation, yet acknowledges the difficulty of

25  ensuring adequate funding for accelerated acquisition in light

26  of other equally critical financial needs of the state.  It is

27  the Legislature's desire and intent to fund the implementation

28  of the Florida Preservation 2000 Act for each of the 10 years

29  of the program's duration and to do so in a fiscally

30  responsible manner. The value and timeliness of land

31  acquisition achieved throughout the Florida Preservation 2000

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  program have made significant contributions to the state's

  2  economy, natural resource protection, and natural legacy, and

  3  to the quality of life of Florida's citizens.  Therefore, the

  4  Legislature shall replace the $75 million that was transferred

  5  from the Florida Preservation 2000 Trust Fund not later than

  6  fiscal year 2003-2004 by appropriating an additional $75

  7  million to the florida Forever Trust Fund by that fiscal year,

  8  to be allocated in accordance with the provisions of this act.

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

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

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

12  issued pursuant to this act shall be deposited into the

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

14  Starting in fiscal year 2001-2002, from the cash balance less

15  approved commitments encumbered that is remaining in the

16  Florida Preservation 2000 Trust Fund, the Legislature shall

17  appropriate up to $75 million from the Florida Preservation

18  2000 Trust Fund to the Save Our Everglades Trust Fund to be

19  used for the acquisition of lands needed for restoration of

20  the Florida Everglades pursuant to s. 373.470. Furthermore,

21  the remaining cash balances available for the Preservation

22  2000 programs described in paragraphs (a)-(g) shall be

23  adjusted pro rata for the amount appropriated by the

24  Legislature. Additionally, any cash balances less approved

25  commitments encumbered available to the programs described in

26  paragraphs (a)-(g) at the time the first series of Florida

27  Forever Program bonds is issued and proceeds are deposited

28  into the Florida Forever Trust Fund shall be reserved and

29  remain unavailable for expenditure for projects pursuant to

30  the Florida Preservation 2000 Program until and unless the

31  programs receiving an allocation under the Florida Forever

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  Program described in paragraphs (3)(a)-(h) of s. 259.105,

  2  respectively, have encumbered all funds available from the

  3  first Florida Forever Program bond issue. To the extent that

  4  projects eligible for Preservation 2000 funds can also be

  5  eligible for Florida Forever funds, the proceeds from Florida

  6  Forever bonds may be used to complete transactions begun with

  7  Preservation 2000 funds or meet cash needs for property

  8  transactions begun in fiscal year 2000-2001. The remaining

  9  proceeds shall be distributed by the Department of

10  Environmental Protection in the following manner:

11         (a)  Fifty percent to the Department of Environmental

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

13  259.032. Of this 50 percent, at least one-fifth shall be used

14  for the acquisition of coastal lands.

15         (b)  Thirty percent to the Department of Environmental

16  Protection for the purchase of water management lands pursuant

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

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

19  district may also be used for acquisition of lands necessary

20  to implement surface water improvement and management plans

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

22  lands necessary to implement the Everglades Construction

23  Project authorized by s. 373.4592.

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

25  to provide land acquisition grants and loans to local

26  governments through the Florida Communities Trust pursuant to

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

28  $3 million annually shall be used by the Division of State

29  Lands within the Department of Environmental Protection to

30  implement the Green Swamp Land Protection Initiative

31  specifically for the purchase of conservation easements, as

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





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

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

  3  Concern.  From funds allocated to the trust, $3 million

  4  annually shall be used by the Monroe County Comprehensive Plan

  5  Land Authority specifically for the purchase of any real

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

  7  Growth Ordinances adopted by local governments in Monroe

  8  County or those lands within the boundary of an approved

  9  Conservation and Recreation Lands project located within the

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

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

12  approved Conservation and Recreation Lands project may, in

13  accordance with an approved joint acquisition agreement, vest

14  in the Board of Trustees of the Internal Improvement Trust

15  Fund.  Of the remaining funds allocated to the trust after the

16  above transfers occur, one-half shall be matched by local

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

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

19  the trust shall expend Preservation 2000 funds to carry out

20  the purposes of part III of chapter 380.

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

22  Environmental Protection for the purchase of inholdings and

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

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

25  jurisdiction of the Division of Recreation and Parks of the

26  department, or which may come under its jurisdiction.

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

28  Forestry of the Department of Agriculture and Consumer

29  Services to fund the acquisition of state forest inholdings

30  and additions pursuant to s. 589.07.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  Wildlife Conservation Commission to fund the acquisition of

  2  inholdings and additions to lands managed by the commission

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

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

  5  Environmental Protection for the Florida Greenways and Trails

  6  Program, to acquire greenways and trails or greenways and

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

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

  9  National Scenic Trail.

10

11  Local governments may use federal grants or loans, private

12  donations, or environmental mitigation funds, including

13  environmental mitigation funds required pursuant to s.

14  338.250, for any part or all of any local match required for

15  the purposes described in this subsection.  Bond proceeds

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

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

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

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

20  Internal Improvement Trust Fund. Title to lands purchased

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

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

23  trustees shall hold title to land protection agreements and

24  conservation easements that were or will be acquired pursuant

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

26  District and the St. Johns River Water Management District

27  shall monitor such agreements and easements within their

28  respective districts until the state assumes this

29  responsibility.

30         (4)  PROJECT CRITERIA.--

31         (g)  Pursuant to chapter 2001-275, Laws of Florida, the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  Legislature recognized that the Florida Preservation 2000

  2  program has provided incalculable benefits to the citizens of

  3  Florida by funding the acquisition and protection of more than

  4  1 million acres of land for conservation and recreation

  5  purposes. The Preservation 2000 program has helped ensure

  6  present and future generations access to important open spaces

  7  and conservation and recreation lands.  Therefore, the

  8  Legislature shall appropriate in the General Appropriations

  9  Act the sum of $75 million not later than fiscal year

10  2003-2004 to the Florida Forever Trust Fund to restore tha

11  amount which was transferred from the Preservation 2000 Trust

12  Fund to the Save Our Everglades Trust Fund by the 2001

13  Legislature due to budgeting constraints.

14         Section 3.  Paragraph (g) of subsection (2) of section

15  295.105, Florida Statutes, is amended to read:

16         259.105  The Florida Forever Act.--

17         (2)

18         (g)  As it has with previous land acquisition programs,

19  the Legislature recognizes the desires of the citizens of this

20  state to prosper through economic development and to preserve

21  the natural areas and recreational open space of Florida.  The

22  Legislature further recognizes the urgency of restoring the

23  natural functions of public lands or water bodies before they

24  are degraded to a point where recovery may never occur, yet

25  acknowledges the difficulty of ensuring adequate funding for

26  restoration efforts in light of other equally critical

27  financial needs of the state.  It is the Legislature's desire

28  and intent to fund the implementation of this section and to

29  do so in a fiscally responsible manner, by issuing bonds to be

30  repaid with documentary stamp tax revenue.  In addition, the

31  Legislature shall replace the $75 million that was transferred

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  from the Florida Preservation 2000 Trust Fund to the Save Our

  2  Everglades Trust Fund in fiscal year 2001-2002 by

  3  appropriating an additional $75 million to the Florida Forever

  4  Trust Fund not later than fiscal year 2003-2004, to be

  5  allocated to reimburse the programs identified in s.

  6  259.101(3)(a)-(g) in a manner that replaces the funds that

  7  were transferred from each program. No other act of the

  8  Legislature shall have the effect of transferring,

  9  redistributing, or otherwise diminishing funds deposited

10  pursuant to this act.

11         Section 4.  Subsection (1) of section 259.1051, Florida

12  Statutes, is amended to read:

13         259.1051  Florida Forever Trust Fund.--

14         (1)  There is created the Florida Forever Trust Fund to

15  carry out the purposes of ss. 259.032, 259.105, and 375.031.

16  The Florida Forever Trust Fund shall be held and administered

17  by the Department of Environmental Protection. Proceeds from

18  the sale of bonds, except proceeds of refunding bonds, issued

19  under s. 215.618 and payable from moneys transferred to the

20  Land Acquisition Trust Fund under s. 201.15(1)(a), not to

21  exceed $3.075 $3 billion, must be deposited into this trust

22  fund to be distributed and used as provided in s. 259.105(3).

23  Bonds issued to restore agency budgets pursuant to s.

24  259.105(2)(g) shall be subject to the requirements of s.

25  215.98.  The bond resolution adopted by the governing board of

26  the Division of Bond Finance of the State Board of

27  Administration may provide for additional provisions that

28  govern the disbursement of the bond proceeds.

29         Section 5.  Paragraph (d) of subsection (4) of section

30  373.470, Florida Statutes, is amended to read:

31         373.470  Everglades restoration.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1         (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED

  2  FOR DEPOSIT.--The following funds may be deposited into the

  3  Save Our Everglades Trust Fund created by s. 373.472 to

  4  finance implementation of the comprehensive plan:

  5         (d)  Any additional funds appropriated by the

  6  Legislature for the purpose of implementing the comprehensive

  7  plan, except for any funds transferred from the Florida

  8  Forever Trust Fund created by s. 259.1051 not authorized

  9  pursuant to the provisions fo s. 259.105(11)(a) or the Florida

10  Preservation 2000 Trust Fund created by s. 375.045.

11         Section 6.  Subsection (1) of section 375.045, Florida

12  Statues, is amended to read:

13         375.045  Florida Preservation 2000 Trust Fund.--

14         (1)  There is created the Florida Preservation 2000

15  Trust Fund to carry out the purposes of ss. 259.032, 259.101,

16  and 375.031. The Florida Preservation 2000 Trust Fund shall be

17  held and administered by the Department of Environmental

18  Protection. Proceeds from the sale of revenue bonds issued

19  pursuant to s. 375.051 and payable from moneys transferred to

20  the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a),

21  not to exceed $3 billion, shall be deposited into this trust

22  fund to be distributed as provided in s. 259.101(3). No act of

23  the Legislature shall have the effect of transferring,

24  redistributing, or otherwise diminishing funds deposited into

25  this trust fund, except s specificalyauthorized by this

26  section. The bond resolution adopted by the governing board of

27  the Division of Bond Finance may provide for additional

28  provisions that govern the disbursement of the bond proceeds.

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

30

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, lines 2 through page 2, line 2,

  4

  5  and insert:

  6         An act relating to stae land acquisition

  7         programs; amending s. 215.618, F.S.; revising

  8         cap on bond issuance; authorizing bond

  9         issuance; providing for deposited of bond

10         proceeds; amending s. 259.101, F.S.; providing

11         for replacement of funds transferred from the

12         Florid Preservation 2000 Trust Fund;

13         restricting further transfer of such trust

14         funds; revising authority and procedures for

15         certain transfer of such trust funds; revising

16         authority and procedures for certain transfer

17         of funds; providing legislative recognition of

18         the benefits of the Florida Preservation 2000

19         program; providing legislative recognition of

20         the benefits of the Florida Preservation 2000

21         program; providing date for funding to restore

22         to the program certain funds transferred to the

23         Save Our Everglades Trust Fund; amending s.

24         259.105, F.S.; providing legislative intent to

25         restore transferred funds; providing allocation

26         method for funding restoration; restricting

27         future transfer of funds deposited pursuant to

28         the Florida Forever Act; amending s. 259.1051,

29         F.S.; revising cap on bond issuance; amending

30         s. 373.470, F.S.; restricting transfer of funds

31         from the Florida Forever Trust Fund or the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 607

    Amendment No. ___ (for drafter's use only)





  1         Florida Preservation 2000 Trust Fund to the

  2         Save Our Everglades Trust Fund; amending s.

  3         375.045, F.S.; restricting transfer of funds

  4         deposited in the Florida Preservation 2000

  5         Trust Fund; providing an effective date.

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