Senate Bill sb1208

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    Florida Senate - 2003                                  SB 1208

    By Senator Lawson





    6-632-03

  1                      A bill to be entitled

  2         An act relating to land acquisition; amending

  3         s. 380.502, F.S.; providing legislative

  4         findings with respect to the need to revitalize

  5         and redevelop certain urban areas and to the

  6         value of urban greenspace; amending s. 380.503,

  7         F.S.; defining the term "remediation project"

  8         for purposes of the Florida Communities Trust

  9         Act; amending s. 380.507, F.S.; authorizing the

10         Florida Communities Trust to fund remediation

11         projects; authorizing the trust to adopt rules

12         concerning the resolution of land-use

13         conflicts; amending s. 380.508, F.S.;

14         specifying purposes of remediation projects;

15         amending s. 380.510, F.S.; conforming a

16         cross-reference to changes made by the act;

17         providing for funds from the Preservation 2000

18         Trust Fund and the Florida Forever Trust Fund

19         to be used for projects approved under the

20         Florida Communities Trust Act; providing an

21         effective date.

22

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

24

25         Section 1.  Present subsection (3) of section 380.502,

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

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

28         380.502  Legislative findings and intent.--

29         (3)  The Legislature recognizes the need to augment

30  community efforts to revitalize and redevelop urban core and

31  formerly industrial areas of the population centers of the

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    Florida Senate - 2003                                  SB 1208
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  1  state by reclaiming open space and enhancing opportunities for

  2  parks. The Legislature also recognizes that greenspace in

  3  urban settings is an integral part and function of an

  4  environmentally and economically healthy municipality.

  5         Section 2.  Present subsections (11) through (17) of

  6  section 380.503, Florida Statutes, are redesignated as

  7  subsections (12) through (18), respectively, and a new

  8  subsection (11) is added to that section to read:

  9         380.503  Definitions.--As used in ss. 380.501-380.515,

10  unless the context indicates a different meaning or intent:

11         (11)  "Remediation project" means action taken pursuant

12  to this part to restore for public use and enjoyment

13  contaminated and environmentally damaged, deteriorated, or

14  deteriorating properties located in urban areas.

15         Section 3.  Subsections (2) and (11) of section

16  380.507, Florida Statutes, are amended to read:

17         380.507  Powers of the trust.--The trust shall have all

18  the powers necessary or convenient to carry out the purposes

19  and provisions of this part, including:

20         (2)  To undertake, coordinate, or fund activities and

21  projects which will help bring local comprehensive plans into

22  compliance and help implement the goals, objectives, and

23  policies of the conservation, recreation and open space, and

24  coastal elements of local comprehensive plans, or which will

25  otherwise serve to conserve natural resources and resolve land

26  use conflicts, including, but not limited to:

27         (a)  Redevelopment projects.

28         (b)  Resource enhancement projects.

29         (c)  Public access projects.

30         (d)  Urban waterfront restoration projects.

31         (e)  Site reservation.

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  1         (f)  Urban greenways and open space projects.

  2         (g)  Remediation projects.

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

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

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

  6  adopt rules governing the acquisition of lands using proceeds

  7  from the Preservation 2000 Trust Fund and the Florida Forever

  8  Trust Fund, consistent with the intent expressed in the

  9  Florida Forever Act. Such rules for land acquisition must

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

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

12  166.045(1)(a) and (b);, a method of determining a maximum

13  purchase price;, and procedures to assure that the land is

14  acquired in a voluntarily negotiated transaction, surveyed,

15  conveyed with marketable title, and examined for hazardous

16  materials contamination; and procedures for awarding points

17  for project excellence if the proposed project helps in the

18  voluntary resolution of land-use conflicts and issues as

19  provided in s. 380.502(4)(c). Land acquisition procedures of a

20  local land authority created pursuant to s. 380.0663 or s.

21  380.0677 may be used for the land acquisition programs

22  described by ss. 259.101(3)(c) and 259.105 if within areas of

23  critical state concern designated pursuant to s. 380.05,

24  subject to approval of the trust.

25         Section 4.  Subsection (4) of section 380.508, Florida

26  Statutes, is amended to read:

27         380.508  Projects; development, review, and approval.--

28         (4)  Projects or activities which the trust undertakes,

29  coordinates, or funds in any manner shall comply with the

30  following guidelines:

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  1         (a)  The purpose of redevelopment projects shall be to

  2  restore areas which are adversely affected by scattered

  3  ownership, poor lot layout, inadequate park and open space,

  4  incompatible land uses, or other conditions which endanger the

  5  environment or impede orderly development.  Grants and loans

  6  awarded for redevelopment projects shall be used for

  7  assembling parcels of land within redevelopment project areas

  8  for the redesign of such areas and for the installation of

  9  public improvements required to serve such areas. After

10  redesign and installation of public improvements, if any,

11  lands in redevelopment projects, with the exception of lands

12  acquired for public purposes, shall be conveyed to any person

13  for development in accordance with a redevelopment project

14  plan approved according to this part.

15         (b)  The purpose of remediation projects shall be to

16  restore for public use and enjoyment contaminated,

17  environmentally damaged, deteriorated, or deteriorating

18  properties located in urban areas. Grants or loans awarded for

19  remediation projects must be used to clean up soil,

20  groundwater, and surface-water contamination; dispose of

21  wastes; demolish structures; install water-management systems;

22  and for other corrective measures that promote the public use

23  and enjoyment of the project areas.

24         (c)(b)  The purpose of resource enhancement projects

25  shall be to enhance natural resources which, because of

26  indiscriminate dredging or filling, improper location of

27  improvements, natural or human-induced events, or incompatible

28  land uses, have suffered loss of natural and scenic values.

29  Grants and loans awarded for resource enhancement projects

30  shall be used for the assembly of parcels of land to improve

31  resource management, for relocation of improperly located or

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  1  designed improvements, and for other corrective measures which

  2  will enhance the natural and scenic character of project

  3  areas.

  4         (d)(c)  The purpose of public access projects shall be

  5  to acquire interests in and initially develop lands which are

  6  suitable for and which will be used for public accessways to

  7  surface waters.  The trust shall identify local governments

  8  and nonprofit organizations which will accept responsibility

  9  for maintenance and liability for public accessways which are

10  located outside the state park system.  The trust may lease

11  any public access site developed under this part to a local

12  government or nonprofit organization, provided that the

13  conditions of the lease guarantee public use of the site.  The

14  trust may accept, from any local government or nonprofit

15  organization, fees collected for providing public access to

16  surface waters.  The trust shall expend any such funds it

17  accepts only for acquisition, development, and maintenance of

18  such public accessways.  To the maximum extent possible, the

19  trust shall expend such fees in the general area where they

20  are collected or in areas where public access to surface

21  waters is clearly deficient.  The trust may transfer funds,

22  including such fees, to a local government or nonprofit

23  organization to acquire public access sites.  In developing or

24  coordinating public access projects, the trust shall ensure

25  that project plans involving beach access are consistent with

26  state laws governing beach access.

27         (e)(d)  The purpose of urban waterfront restoration

28  projects shall be to restore deteriorated or deteriorating

29  urban waterfronts for public use and enjoyment.  Urban

30  waterfront restoration projects shall include public access

31  sites.

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  1         (f)(e)  The trust shall cooperate with local

  2  governments, state agencies, federal agencies, and nonprofit

  3  organizations in ensuring the reservation of lands for parks,

  4  recreation, fish and wildlife habitat, historical

  5  preservation, or scientific study.  In the event that any

  6  local government, state agency, federal agency, or nonprofit

  7  organization is unable, due to limited financial resources or

  8  other circumstances of a temporary nature, to acquire a site

  9  for the purposes described in this paragraph, the trust may

10  acquire and hold the site for subsequent conveyance to the

11  appropriate governmental agency or nonprofit organization.

12  The trust may provide such technical assistance as is required

13  to aid local governments, state and federal agencies, and

14  nonprofit organizations in completing acquisition and related

15  functions.  The trust shall not reserve lands acquired in

16  accordance with this paragraph for more than 5 years from the

17  time of acquisition.  A local government, federal or state

18  agency, or nonprofit organization may acquire the land at any

19  time during this period for public purposes.  The purchase

20  price shall be based upon the trust's cost of acquisition,

21  plus administrative and management costs in reserving the

22  land.  The payment of this purchase price shall be by money,

23  trust-approved property of an equivalent value, or a

24  combination of money and trust-approved property.  If, after

25  the 5-year period, the trust has not sold to a governmental

26  agency or nonprofit organization land acquired for site

27  reservation, the trust shall dispose of such land at fair

28  market value or shall trade it for other land of comparable

29  value which will serve to accomplish the purposes of this

30  part. Any proceeds from the sale of such land shall be

31  deposited in the Florida Communities Trust Fund.

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  1

  2  Project costs may include costs of providing parks, open

  3  space, public access sites, scenic easements, and other areas

  4  and facilities serving the public where such features are part

  5  of a project plan approved according to this part.  In

  6  undertaking or coordinating projects or activities authorized

  7  by this part, the trust shall, when appropriate, use and

  8  promote the use of creative land acquisition methods,

  9  including the acquisition of less than fee interest through,

10  among other methods, conservation easements, transfer of

11  development rights, leases, and leaseback arrangements. The

12  trust also shall assist local governments in the use of sound

13  alternative methods of financing for funding projects and

14  activities authorized by this part.  Any funds over and above

15  eligible project costs, which remain after completion of a

16  project approved according to this part, shall be transmitted

17  to the state and deposited in the Florida Communities Trust

18  Fund.

19         Section 5.  Paragraph (d) of subsection (3) and

20  subsection (7) of section 380.510, Florida Statutes, are

21  amended to read:

22         380.510  Conditions of grants and loans.--

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

24  acquisition, agreements shall provide all of the following:

25         (d)  If any essential term or condition of a grant or

26  loan is violated, title to all interest in real property

27  acquired with state funds shall be conveyed or revert to the

28  Board of Trustees of the Internal Improvement Trust Fund.  The

29  trust shall treat such property in accordance with s.

30  380.508(4)(f) s. 380.508(4)(e).

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  1  Any deed or other instrument of conveyance whereby a nonprofit

  2  organization or local government acquires real property under

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

  4  trust shall keep at least one copy of any such instrument and

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

  6  the Internal Improvement Trust Fund.

  7         (7)  Any funds received by the trust from the

  8  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and

  9  the Florida Forever Trust Fund pursuant to s. 259.105(3)(c)

10  shall be held separate and apart from any other funds held by

11  the trust and shall be used for grants and loans for any

12  project approved under the land acquisition purposes of this

13  part. In addition to the other conditions set forth in this

14  section, the disbursement of Preservation 2000 and Florida

15  Forever funds from the trust shall be subject to the following

16  conditions:

17         (a)  The administration and use of any funds received

18  by the trust from the Preservation 2000 Trust Fund and the

19  Florida Forever Trust Fund shall be subject to such terms and

20  conditions imposed thereon by the agency of the state

21  responsible for the bonds, the proceeds of which are deposited

22  in the Preservation 2000 Trust Fund and the Florida Forever

23  Trust Fund, including restrictions imposed to ensure that the

24  interest on any such bonds issued by the state as tax-exempt

25  bonds will not be included in the gross income of the holders

26  of such bonds for federal income tax purposes.

27         (b)  All deeds or leases with respect to any real

28  property acquired with funds received by the trust from the

29  Preservation 2000 Trust Fund shall contain such covenants and

30  restrictions as are sufficient to ensure that the use of such

31  real property at all times complies with s. 375.051 and s. 9,

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  1  Art. XII of the State Constitution. All deeds or leases with

  2  respect to any real property acquired with funds received by

  3  the trust from the Florida Forever Trust Fund shall contain

  4  such covenants and restrictions as are sufficient to ensure

  5  that the use of such real property at all times complies with

  6  s. 11(e), Art. VII of the State Constitution. Each deed or

  7  lease shall contain a reversion, conveyance, or termination

  8  clause that will vest title in the Board of Trustees of the

  9  Internal Improvement Trust Fund if any of the covenants or

10  restrictions are violated by the titleholder or leaseholder or

11  by some third party with the knowledge of the titleholder or

12  leaseholder.

13         Section 6.  This act shall take effect July 1, 2003.

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16                          SENATE SUMMARY

17    Revises the Florida Communities Trust Act to authorize
      the Florida Communities Trust to fund remediation
18    projects. Provides for the adoption of rules to resolve
      land-use conflicts. Provides the purposes of remediation
19    projects. Provides for funds from the Preservation 2000
      Trust Fund and the Florida Forever Trust Fund to be used
20    for projects approved under the Florida Communities Trust
      Act.
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