HB 1101 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Agriculture recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to rural land protection; amending s.
12	201.15, F.S.; providing for the distribution of certain
13	excise taxes on documents to the Rural Lands Program Trust
14	Fund of the Department of Agriculture and Consumer
15	Services; creating s. 215.6195, F.S.; authorizing the
16	issuance of bonds for rural land protection; providing
17	certain conditions; providing for the deposit of proceeds;
18	providing legislative intent that the issuance of rural
19	land protection bonds is in the best interest of the
20	state; amending s. 570.207, F.S.; providing uses for funds
21	in the Conservation and Recreation Lands Program Trust
22	Fund; amending s. 570.70, F.S.; providing conclusions of a
23	study by the department; amending s. 570.71, F.S.;
24	authorizing the use of rural land protection bonds to
25	implement provisions relating to conservation and rural
26	land protection easements and agreements; providing a
27	contingent effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Paragraph (d) of subsection (1) of section
32	201.15, Florida Statutes, is amended to read:
33	201.15 Distribution of taxes collected.--All taxes
34	collected under this chapter shall be distributed as follows and
35	shall be subject to the service charge imposed in s. 215.20(1),
36	except that such service charge shall not be levied against any
37	portion of taxes pledged to debt service on bonds to the extent
38	that the amount of the service charge is required to pay any
39	amounts relating to the bonds:
40	(1) Sixty-two and sixty-three hundredths percent of the
41	remaining taxes collected under this chapter shall be used for
42	the following purposes:
43	(d) The remainder of the moneys distributed under this
44	subsection, after the required payments under paragraphs (a),
45	(b), and (c), shall be paid into the State Treasury to the
46	credit of the General Revenue Fund of the state to be used and
47	expended for the purposes for which the General Revenue Fund was
48	created and exists by law,orto the Ecosystem Management and
49	Restoration Trust Fund,orto the Marine Resources Conservation
50	Trust Fund as provided in subsection (11), or to the Rural Lands
51	Program Trust Fund of the Department of Agriculture and Consumer
52	Services pursuant to s. 215.619. Moneys available under this
53	paragraph shall first be used to pay debt service due on any
54	rural land protection bond or to make any other payments
55	required pursuant to the bond documents authorizing the issuance
56	before such moneys are used for other purposes authorized by
57	this paragraph.
58	Section 2. Section 215.6195, Florida Statutes, is created
59	to read:
60	215.6195 Bonds for rural land protection.--
61	(1) The issuance of rural land protection bonds not
62	exceeding $1 billion is authorized. The rural land protection
63	bonds may be issued over the next 10 fiscal years commencing on
64	July 1, 2003, in an amount not exceeding $100 million in any
65	fiscal year, subject to the provisions of s. 570.71 and pursuant
66	to s. 11(e), Art. VII of the State Constitution. The duration of
67	each series of bonds issued may not exceed 20 annual maturities.
68	(2) The state covenants with the holders of rural land
69	protection bonds that it will not take any action that will
70	materially and adversely affect the rights of such holders so
71	long as the bonds are outstanding, including, but not limited
72	to, a reduction in the portion of documentary stamp taxes
73	distributable to the Rural Lands Program Trust Fund of the
74	Department of Agriculture and Consumer Services for payment of
75	debt service.
76	(3) Bonds issued pursuant to this section shall be payable
77	from taxes distributable to the Rural Lands Program Trust Fund
78	of the Department of Agriculture and Consumer Services pursuant
79	to s. 201.15(1)(d). Bonds issued pursuant to this section do not
80	constitute a general obligation of, or a pledge of the full
81	faith and credit of, the state.
82	(4) The Department of Agriculture and Consumer Services
83	shall request the Division of Bond Finance of the State Board of
84	Administration to issue the rural land protection bonds
85	authorized by this section. The Division of Bond Finance shall
86	issue such bonds pursuant to the State Bond Act.
87	(5) The proceeds from the sale of bonds issued pursuant to
88	this section, less the costs of issuance, the costs of funding
89	reserve accounts, and other costs with respect to the bonds,
90	shall be deposited into the Conservation and Recreation Lands
91	Program Trust Fund of the Department of Agriculture and Consumer
92	Services as provided in s. 570.71.
93	(6) There shall be no sale, disposition, lease, easement,
94	license, or other use of any land, water areas, or related
95	property interests acquired or improved with proceeds of rural
96	land protection bonds which would cause all or any portion of
97	the interest of such bonds to lose the exclusion from gross
98	income for federal income tax purposes.
99	(7) The initial series of rural land protection bonds
100	shall be validated in addition to any other bonds required to be
101	validated pursuant to s. 215.82. Any complaint for validation of
102	bonds issued pursuant to this section shall be filed only in the
103	circuit court of the county where the seat of state government
104	is situated, the notice required to be published by s. 75.06
105	shall be published only in the county where the complaint is
106	filed, and the complaint and order of the circuit court shall be
107	served only on the state attorney of the circuit in which the
108	action is pending.
109	Section 3. In accordance with s. 215.98(1), Florida
110	Statutes, the Legislature determines that the issuance of rural
111	land protection bonds under section 2 of this act is in the best
112	interest of the state and should be implemented.
113	Section 4. Subsection (1) of section 570.207, Florida
114	Statutes, is amended to read:
115	570.207 Conservation and Recreation Lands Program Trust
116	Fund of the Department of Agriculture and Consumer Services.--
117	(1) There is created a Conservation and Recreation Lands
118	Program Trust Fund within the Department of Agriculture and
119	Consumer Services. The purpose of the trust fund is to provide
120	for the management of conservation and recreation lands by the
121	department. Funds may be appropriated to the trust fund from the
122	Conservation and Recreation Lands Trust Fund in the Department
123	of Environmental Protection, as created by s. 259.032(2), or
124	from such other sources as the Legislature may determine for the
125	management of conservation and recreation lands by the
126	department. Additionally, subject to the provisions of s. 11(e),
127	Art. VII of the State Constitution, the department may use bond
128	proceeds deposited pursuant to s. 215.6195 and funds from such
129	other sources as the Legislature determines for the acquisition
130	of conservation easements and rural land protection easements
131	and for funding agricultural protection agreements and resource
132	conservation agreements pursuant to s. 570.71.
133	Section 5. Section 570.70, Florida Statutes, is amended to
134	read:
135	570.70 Legislative findings; study.--
136	(1)The Legislature finds and declares that:
137	(a)(1)A thriving rural economy with a strong agricultural
138	base, healthy natural environment, and viable rural communities
139	is an essential part of Florida. Rural areas also include the
140	largest remaining intact ecosystems and best examples of
141	remaining wildlife habitats as well as a majority of privately
142	owned land targeted by local, state, and federal agencies for
143	natural resource protection.
144	(b)(2)The growth of Florida's population can result in
145	agricultural and rural lands being converted into residential or
146	commercial development.
147	(c)(3)The agricultural, rural, natural resource, and
148	commodity values of rural lands are vital to the state's
149	economy, productivity, rural heritage, and quality of life.
150	(d)(4)There isThe Legislature further recognizesthe
151	need for enhancing the ability of rural landowners to obtain
152	economic value from their property, protecting rural character,
153	controlling urban sprawl, andproviding necessary open space for
154	agriculture and the natural environment, and the importance of
155	maintaining and protecting Florida's rural economy through
156	innovative planning and development strategies in rural areas
157	and the use of incentives that reward landowners for good
158	stewardship of land and natural resources.
159	(e)(5)The purpose of this act is to bring under public
160	protection lands that serve to limit subdivision and conversion
161	of agricultural and natural areas that provide economic, open
162	space, water, and wildlife benefits by acquiring land or related
163	interests in land such as perpetual, less-than-fee acquisitions,
164	agricultural protection agreements, and resource conservation
165	agreements and innovative planning and development strategies in
166	rural areas.
167	(2) A study conducted by the department to determine and
168	prioritize needs for implementing the provisions of this section
169	and s. 570.71 concluded the following:
170	(a) Between 1964 and 1997, Florida lost nearly 5 million
171	acres of valuable agricultural land, with most of the loss
172	involving ranch and forest lands.
173	(b) Florida currently has 9,114,000 acres of agricultural
174	land with natural resource attributes, including groundwater
175	recharge, natural floodplain, and significant species habitat,
176	and more than 900,000 acres of this land will be converted to
177	other uses within a decade.
178	(c) The objective of a program to protect agricultural
179	land with natural resource value through conservation easements
180	and other tools should be protection of 1 acre for every acre
181	lost.
182	Section 6. Subsection (12) of section 570.71, Florida
183	Statutes, is amended to read:
184	570.71 Conservation easements and agreements.--
185	(12) The department is authorized to use funds from the
186	following sources to implement this act:
187	(a) State funds;
188	(b) Rural land protection bonds as authorized by s.
189	215.6195;
190	(c)(b)Federal funds;
191	(d)(c)Other governmental entities;
192	(e)(d)Nongovernmental organizations; or
193	(f)(e)Private individuals.
194
195	Any such funds provided shall be deposited into the Conservation
196	and Recreation Lands Program Trust Fund within the Department of
197	Agriculture and Consumer Services and used for the purposes of
198	this act.
199	Section 7. This act shall take effect July 1, 2003, if
200	House Bill 1111 or similar legislation creating the Rural Lands
201	Program Trust Fund is adopted in the same legislative session or
202	an extension thereof and becomes law.