House Bill hb0607

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    Florida House of Representatives - 2002                 HB 607

        By Representatives Atwater, Bense, Dockery, Greenstein,
    Weissman, Clarke, Diaz-Balart, Pickens, Negron, Fiorentino,
    Gibson, Sorensen, Crow, Green, Henriquez, Kosmas, Seiler,
    Ausley and Kilmer



  1                      A bill to be entitled

  2         An act relating to state land acquisition

  3         programs; amending s. 201.15, F.S.; revising a

  4         limitation on the deposit of certain funds into

  5         the Land Acquisition Trust Fund; restricting

  6         authority for transfer of funds to the Save Our

  7         Everglades Trust Fund; amending s. 215.618,

  8         F.S.; providing for funding of debt service on

  9         Florida Forever bonds; prohibiting transfer of

10         bond proceeds deposited in the Florida Forever

11         Trust Fund; amending s. 259.101, F.S.;

12         providing for replacement of funds transferred

13         from the Florida Preservation 2000 Trust Fund;

14         restricting further transfer of such trust

15         funds; revising authority and procedures for

16         certain transfer of funds; providing

17         legislative recognition of the benefits of the

18         Florida Preservation 2000 program; providing

19         for funding to restore to the program certain

20         funds transferred to the Save Our Everglades

21         Trust Fund; amending s. 259.105, F.S.;

22         restricting future transfer of funds deposited

23         pursuant to the Florida Forever Act; amending

24         s. 259.1051, F.S.; restricting transfer of

25         funds deposited in the Florida Forever Trust

26         Fund; amending s. 373.470, F.S.; restricting

27         transfer of funds from the Florida Forever

28         Trust Fund or the Florida Preservation 2000

29         Trust Fund to the Save Our Everglades Trust

30         Fund; amending s. 375.045, F.S.; restricting

31         transfer of funds deposited in the Florida

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  1         Preservation 2000 Trust Fund; providing

  2         appropriations; providing an effective date.

  3

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

  5

  6         Section 1.  Paragraph (a) of subsection (1) of section

  7  201.15, Florida Statutes, is amended to read:

  8         201.15  Distribution of taxes collected.--All taxes

  9  collected under this chapter shall be distributed as follows

10  and shall be subject to the service charge imposed in s.

11  215.20(1), except that such service charge shall not be levied

12  against any portion of taxes pledged to debt service on bonds

13  to the extent that the amount of the service charge is

14  required to pay any amounts relating to the bonds:

15         (1)  Sixty-two and sixty-three hundredths percent of

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

18         (a)  Amounts as shall be necessary to pay the debt

19  service on, or fund debt service reserve funds, rebate

20  obligations, or other amounts payable with respect to

21  Preservation 2000 bonds issued pursuant to s. 375.051 and

22  Florida Forever bonds issued pursuant to s. 215.618, shall be

23  paid into the State Treasury to the credit of the Land

24  Acquisition Trust Fund to be used for such purposes. The

25  amount transferred to the Land Acquisition Trust Fund for such

26  purposes shall not exceed $300 million in fiscal year

27  1999-2000 and thereafter for Preservation 2000 bonds and bonds

28  issued to refund Preservation 2000 bonds, and $300 million in

29  fiscal year 2000-2001 and thereafter for Florida Forever

30  bonds, except that an amount not to exceed $375 million shall

31  be issued in fiscal year 2002-2003, of which $75 million shall

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  1  be deposited into the Florida Preservation 2000 Trust Fund to

  2  restore funds transferred from that fund to the Save Our

  3  Everglades Trust Fund in fiscal year 2001-2002. The annual

  4  amount transferred to the Land Acquisition Trust Fund for

  5  Florida Forever bonds shall not exceed $30 million in the

  6  first fiscal year in which bonds are issued. The limitation on

  7  the amount transferred shall be increased by an additional $30

  8  million in each subsequent fiscal year, but shall not exceed a

  9  total of $300 million in any fiscal year for all bonds issued,

10  except for fiscal year 2002-2003. It is the intent of the

11  Legislature that all bonds issued to fund the Florida Forever

12  Act be retired by December 31, 2030. Except for bonds issued

13  to refund previously issued bonds, no series of bonds may be

14  issued pursuant to this paragraph unless such bonds are

15  approved and the debt service for the remainder of the fiscal

16  year in which the bonds are issued is specifically

17  appropriated in the General Appropriations Act. For purposes

18  of refunding Preservation 2000 bonds, amounts designated

19  within this section for Preservation 2000 and Florida Forever

20  bonds may be transferred between the two programs to the

21  extent provided for in the documents authorizing the issuance

22  of the bonds. The Preservation 2000 bonds and Florida Forever

23  bonds shall be equally and ratably secured by moneys

24  distributable to the Land Acquisition Trust Fund pursuant to

25  this section, except to the extent specifically provided

26  otherwise by the documents authorizing the issuance of the

27  bonds. No moneys transferred to the Land Acquisition Trust

28  Fund pursuant to this paragraph, or earnings thereon, shall be

29  used or made available to pay debt service on the Save Our

30  Coast revenue bonds or transferred to the Save Our Everglades

31

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  1  Trust Fund except as specifically authorized in s.

  2  259.105(11)(a).

  3         Section 2.  Subsections (4) and (5) of section 215.618,

  4  Florida Statutes, are amended to read:

  5         215.618  Bonds for acquisition and improvement of land,

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

  7         (4)  The Department of Environmental Protection shall

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

  9  Administration to issue the Florida Forever bonds authorized

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

11  bonds pursuant to the State Bond Act. An appropriation of $5

12  million shall be provided in the 2002-2003 General

13  Appropriations Act for debt service requirements for the third

14  series of Florida Forever bonds.

15         (5)  The proceeds from the sale of bonds issued

16  pursuant to this section, less the costs of issuance, the

17  costs of funding reserve accounts, and other costs with

18  respect to the bonds, shall be deposited into the Florida

19  Forever Trust Fund. Such proceeds deposited into the Florida

20  Forever Trust Fund shall not be transferred, redistributed, or

21  otherwise diminished in any fiscal year. The bond proceeds

22  deposited into the Florida Forever Trust Fund shall be

23  distributed by the Department of Environmental Protection as

24  provided in s. 259.105.

25         Section 3.  Subsection (2) of section 259.101, Florida

26  Statutes, is amended, subsection (3) of said section, as

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

28  amended, and paragraph (g) is added to subsection (4) of said

29  section, to read:

30         259.101  Florida Preservation 2000 Act.--

31

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

  2  declares that:

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

  4  natural areas to accommodate its rapidly growing population

  5  have contributed to the degradation of water resources, the

  6  fragmentation and destruction of wildlife habitats, the loss

  7  of recreation space, and the diminishment of wetlands and

  8  forests.

  9         (b)  Imminent development of Florida's remaining

10  natural areas and continuing increases in land values

11  necessitate an aggressive program of public land acquisition

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

13  attracts so many people to Florida.

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

15  any lesser interest, should be based on a comprehensive

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

17  protect the integrity of ecological systems and to provide

18  multiple benefits, including preservation of fish and wildlife

19  habitat, recreation space, and water recharge areas.

20  Governmental agencies responsible for public land acquisition

21  should work together to purchase lands jointly and to

22  coordinate individual purchases within ecological systems.

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

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

25  and recreation properties within urban areas where pristine

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

27  often overlooked in other programs because of their smaller

28  size and proximity to developed property.  These smaller

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

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

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

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  1  consider projects submitted by local governments which further

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

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

  4  comprehensive plans or which serve to conserve natural

  5  resources or resolve land use conflicts.

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

  7  environment depend on the protection of lands buffering the

  8  East Everglades and the Everglades water conservation areas.

  9

10  In addition, the Legislature recognizes the conflicting

11  desires of the citizens of this state to prosper through

12  economic development and to preserve the natural areas of

13  Florida that development threatens to claim. The Legislature

14  further recognizes the urgency of acquiring natural areas in

15  the state for preservation, yet acknowledges the difficulty of

16  ensuring adequate funding for accelerated acquisition in light

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

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

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

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

21  responsible manner. The value and timeliness of land

22  acquisitions achieved throughout the Florida Preservation 2000

23  program have made significant contributions to the state's

24  economy, natural resource protection, and natural legacy, and

25  to the quality of life of Florida's citizens, that cannot be

26  overstated. Therefore, the Legislature shall replace the $75

27  million that was transferred from the Florida Preservation

28  2000 Trust Fund in fiscal year 2001-2002 by appropriating an

29  additional $75 million to the Florida Preservation 2000 Trust

30  Fund in fiscal year 2002-2003, to be allocated pursuant to the

31  provisions of this act and payable from additional bonds

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  1  issued pursuant to s. 201.15(1)(a). No other transfers,

  2  redistribution, or diminishment of funds intended for the

  3  Florida Preservation 2000 Trust Fund shall be authorized

  4  unless a finding is issued by the Legislative Budgeting

  5  Commission created pursuant to s. 11.90 authorizing such

  6  transfer based on a determination that the tax-supported debt

  7  will exceed the designated benchmark debt ratio necessary to

  8  address a critical state emergency.

  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. In

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

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

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

17  2000, is in excess of that program's total remaining

18  appropriation balances shall be redistributed by the

19  department and deposited into the Save Our Everglades Trust

20  Fund for land acquisition. For purposes of calculating the

21  total remaining cash balances for this redistribution, the

22  Florida Preservation 2000 Series 2000 bond proceeds, including

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

24  Appropriations Act amounts shall be deducted from the

25  remaining cash and appropriation balances, respectively. The

26  remaining proceeds shall be distributed by the Department of

27  Environmental Protection in the following manner:

28         (a)  Fifty percent to the Department of Environmental

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

30  259.032.  Of this 50 percent, at least one-fifth shall be used

31  for the acquisition of coastal lands.

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  1         (b)  Thirty percent to the Department of Environmental

  2  Protection for the purchase of water management lands pursuant

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

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

  5  district may also be used for acquisition of lands necessary

  6  to implement surface water improvement and management plans

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

  8  lands necessary to implement the Everglades Construction

  9  Project authorized by s. 373.4592.

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

11  to provide land acquisition grants and loans to local

12  governments through the Florida Communities Trust pursuant to

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

14  $3 million annually shall be used by the Division of State

15  Lands within the Department of Environmental Protection to

16  implement the Green Swamp Land Protection Initiative

17  specifically for the purchase of conservation easements, as

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

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

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

21  annually shall be used by the Monroe County Comprehensive Plan

22  Land Authority specifically for the purchase of any real

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

24  Growth Ordinances adopted by local governments in Monroe

25  County or those lands within the boundary of an approved

26  Conservation and Recreation Lands project located within the

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

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

29  approved Conservation and Recreation Lands project may, in

30  accordance with an approved joint acquisition agreement, vest

31  in the Board of Trustees of the Internal Improvement Trust

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

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

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

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

  5  the trust shall expend Preservation 2000 funds to carry out

  6  the purposes of part III of chapter 380.

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

  8  Environmental Protection for the purchase of inholdings and

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

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

11  jurisdiction of the Division of Recreation and Parks of the

12  department, or which may come under its jurisdiction.

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

14  Forestry of the Department of Agriculture and Consumer

15  Services to fund the acquisition of state forest inholdings

16  and additions pursuant to s. 589.07.

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

18  Wildlife Conservation Commission to fund the acquisition of

19  inholdings and additions to lands managed by the commission

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

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

22  Environmental Protection for the Florida Greenways and Trails

23  Program, to acquire greenways and trails or greenways and

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

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

26  National Scenic Trail.

27

28  Local governments may use federal grants or loans, private

29  donations, or environmental mitigation funds, including

30  environmental mitigation funds required pursuant to s.

31  338.250, for any part or all of any local match required for

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  1  the purposes described in this subsection.  Bond proceeds

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

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

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

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

  6  Internal Improvement Trust Fund. Title to lands purchased

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

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

  9  trustees shall hold title to land protection agreements and

10  conservation easements that were or will be acquired pursuant

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

12  District and the St. Johns River Water Management District

13  shall monitor such agreements and easements within their

14  respective districts until the state assumes this

15  responsibility.

16         (4)  PROJECT CRITERIA.--

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

18  Legislature recognized that the Florida Preservation 2000

19  program has provided incalculable benefits to the citizens of

20  Florida by funding the acquisition and protection of more than

21  1 million acres of land for conservation and recreation

22  purposes. The Preservation 2000 program has helped ensure

23  present and future generations access to important open spaces

24  and conservation and recreation lands. Therefore, the

25  Legislature shall appropriate $75 million in the 2002-2003

26  General Appropriations Act to the Florida Preservation 2000

27  Trust Fund to restore that amount which was transferred to the

28  Save Our Everglades Trust Fund by the 2001 Legislature due to

29  budgeting constraints.

30         Section 4.  Paragraph (g) of subsection (2) of section

31  259.105, Florida Statutes, is amended to read:

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  1         259.105  The Florida Forever Act.--

  2         (2)

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

  4  the Legislature recognizes the desires of the citizens of this

  5  state to prosper through economic development and to preserve

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

  7  Legislature further recognizes the urgency of restoring the

  8  natural functions of public lands or water bodies before they

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

10  acknowledges the difficulty of ensuring adequate funding for

11  restoration efforts in light of other equally critical

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

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

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

15  repaid with documentary stamp tax revenue. No act of the

16  Legislature shall have the effect of transferring,

17  redistributing, or otherwise diminishing funds deposited

18  pursuant to this act.

19         Section 5.  Subsection (1) of section 259.1051, Florida

20  Statutes, is amended to read:

21         259.1051  Florida Forever Trust Fund.--

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

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

24  The Florida Forever Trust Fund shall be held and administered

25  by the Department of Environmental Protection. Proceeds from

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

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

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

29  exceed $3 billion, must be deposited into this trust fund to

30  be distributed and used as provided in s. 259.105(3). No act

31  of the Legislature shall have the effect of transferring,

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  1  redistributing, or otherwise diminishing funds deposited into

  2  this trust fund, except as specifically authorized by this

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

  4  the Division of Bond Finance of the State Board of

  5  Administration may provide for additional provisions that

  6  govern the disbursement of the bond proceeds.

  7         Section 6.  Paragraph (d) of subsection (4) of section

  8  373.470, Florida Statutes, is amended to read:

  9         373.470  Everglades restoration.--

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

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

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

13  finance implementation of the comprehensive plan:

14         (d)  Any additional funds appropriated by the

15  Legislature for the purpose of implementing the comprehensive

16  plan, except for any funds transferred from the Florida

17  Forever Trust Fund created by s. 259.1051 or the Florida

18  Preservation 2000 Trust Fund created by s. 375.045.

19         Section 7.  Subsection (1) of section 375.045, Florida

20  Statutes, is amended to read:

21         375.045  Florida Preservation 2000 Trust Fund.--

22         (1)  There is created the Florida Preservation 2000

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

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

25  held and administered by the Department of Environmental

26  Protection. Proceeds from the sale of revenue bonds issued

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

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

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

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

31  the Legislature shall have the effect of transferring,

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  1  redistributing, or otherwise diminishing funds deposited into

  2  this trust fund, except as specifically authorized by this

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

  4  the Division of Bond Finance may provide for additional

  5  provisions that govern the disbursement of the bond proceeds.

  6         Section 8.  There is hereby appropriated from the

  7  General Revenue Fund to the Florida Preservation 2000 Trust

  8  Fund the sum of $75 million to restore funds transferred by

  9  the Legislature from the trust fund to the Save Our Everglades

10  Trust Fund in fiscal year 2001-2002.

11         Section 9.  There is hereby appropriated from the

12  General Revenue Fund to the Florida Forever Trust Fund the sum

13  of $5 million to provide debt service on the third series of

14  Florida Forever bonds.

15         Section 10.  This act shall take effect July 1, 2002.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Revises a limitation on the deposit of certain funds into
20    the Land Acquisition Trust Fund. Restricts authority for
      transfer of funds to the Save Our Everglades Trust Fund.
21    Provides legislative recognition of the benefits of the
      Florida Preservation 2000 program. Provides for
22    restoration of funds transferred from the Florida
      Preservation 2000 Trust Fund to the Save Our Everglades
23    Trust Fund in fiscal year 2001-2002. Restricts further
      transfer, redistribution, or diminishment of Florida
24    Preservation 2000 funds.  Provides for funding of certain
      debt service on Florida Forever bonds. Restricts future
25    transfer, redistribution, or diminishment of Florida
      Forever Act funds and funds deposited into the Florida
26    Forever Trust Fund. Provides appropriations.

27

28

29

30

31

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