Senate Bill sb1816

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    Florida Senate - 2003                                  SB 1816

    By Senator Lynn





    7-1070-03                                           See HB 883

  1                      A bill to be entitled

  2         An act relating to environmental property

  3         acquisition and development; amending s.

  4         163.3177, F.S.; requiring the Department of

  5         Community Affairs to develop a pilot project

  6         with a water management district and a

  7         feasibility study to develop a pilot project in

  8         certain counties for certain rural land

  9         stewardship or alternatives to fee simple land

10         acquisition purposes; requiring reports to the

11         Legislature; amending s. 195.092, F.S.;

12         authorizing local government taxing authorities

13         to contest certain property assessor actions

14         relating to property assessments of tax-exempt

15         nongovernmental entities; authorizing local

16         government taxing authorities to establish

17         agreements for services to be provided by

18         certain tax-exempt nongovernmental entities for

19         the purpose of maintaining tax-exempt status;

20         amending ss. 259.032 and 373.59, F.S.; revising

21         certain agency responsibilities and procedures

22         under certain payment in lieu of taxes

23         provisions under the Conservation and

24         Recreation Lands Trust Fund and the Water

25         Management Lands Trust Fund; amending s.

26         259.105, F.S.; requiring the Department of

27         Environmental Protection to develop an economic

28         impact analysis for certain state land

29         acquisitions under the Florida Forever Act

30         relating to effects upon local ad valorem tax

31         rolls; requiring estimates of revenues received

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1         as payments in lieu of taxes and other benefits

  2         of acquisition; providing an effective date.

  3

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

  5

  6         Section 1.  Paragraph (d) of subsection (11) of section

  7  163.3177, Florida Statutes, is amended to read:

  8         163.3177  Required and optional elements of

  9  comprehensive plan; studies and surveys.--

10         (11)

11         (d)1.  The department, in cooperation with the

12  Department of Agriculture and Consumer Services, shall provide

13  assistance to local governments in the implementation of this

14  paragraph and rule 9J-5.006(5)(l), Florida Administrative

15  Code. Implementation of those provisions shall include a

16  process by which the department may authorize up to five local

17  governments to designate all or portions of lands classified

18  in the future land use element as predominantly agricultural,

19  rural, open, open-rural, or a substantively equivalent land

20  use, as a rural land stewardship area within which planning

21  and economic incentives are applied to encourage the

22  implementation of innovative and flexible planning and

23  development strategies and creative land use planning

24  techniques, including those contained in rule 9J-5.006(5)(l),

25  Florida Administrative Code.

26         2.  The department shall encourage participation by

27  local governments of different sizes and rural

28  characteristics. It is the intent of the Legislature that

29  rural land stewardship areas be used to further the following

30  broad principles of rural sustainability: restoration and

31  maintenance of the economic value of rural land; control of

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1  urban sprawl; identification and protection of ecosystems,

  2  habitats, and natural resources; promotion of rural economic

  3  activity; maintenance of the viability of Florida's

  4  agricultural economy; and protection of the character of rural

  5  areas of Florida.

  6         3.  A local government may apply to the department in

  7  writing requesting consideration for authorization to

  8  designate a rural land stewardship area and shall describe its

  9  reasons for applying for the authorization with supporting

10  documentation regarding its compliance with criteria set forth

11  in this section.

12         4.  In selecting a local government, the department

13  shall, by written agreement:

14         a.  Ensure that the local government has expressed its

15  intent to designate a rural land stewardship area pursuant to

16  the provisions of this subsection and clarify that the rural

17  land stewardship area is intended.

18         b.  Ensure that the local government has the financial

19  and administrative capabilities to implement a rural land

20  stewardship area.

21         5.  The written agreement shall include the basis for

22  the authorization and provide criteria for evaluating the

23  success of the authorization including the extent the rural

24  land stewardship area enhances rural land values; control

25  urban sprawl; provides necessary open space for agriculture

26  and protection of the natural environment; promotes rural

27  economic activity; and maintains rural character and the

28  economic viability of agriculture. The department may

29  terminate the agreement at any time if it determines that the

30  local government is not meeting the terms of the agreement.

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1         6.  A rural land stewardship area shall be not less

  2  than 50,000 acres and shall not exceed 250,000 acres in size,

  3  shall be located outside of municipalities and established

  4  urban growth boundaries, and shall be designated by plan

  5  amendment. The plan amendment designating a rural land

  6  stewardship area shall be subject to review by the Department

  7  of Community Affairs pursuant to s. 163.3184 and shall provide

  8  for the following:

  9         a.  Criteria for the designation of receiving areas

10  within rural land stewardship areas in which innovative

11  planning and development strategies may be applied. Criteria

12  shall at a minimum provide for the following: adequacy of

13  suitable land to accommodate development so as to avoid

14  conflict with environmentally sensitive areas, resources, and

15  habitats; compatibility between and transition from higher

16  density uses to lower intensity rural uses; the establishment

17  of receiving area service boundaries which provide for a

18  separation between receiving areas and other land uses within

19  the rural land stewardship area through limitations on the

20  extension of services; and connection of receiving areas with

21  the rest of the rural land stewardship area using rural design

22  and rural road corridors.

23         b.  Goals, objectives, and policies setting forth the

24  innovative planning and development strategies to be applied

25  within rural land stewardship areas pursuant to the provisions

26  of this section.

27         c.  A process for the implementation of innovative

28  planning and development strategies within the rural land

29  stewardship area, including those described in this subsection

30  and rule 9J-5.006(5)(l), Florida Administrative Code, which

31  provide for a functional mix of land uses and which are

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1  applied through the adoption by the local government of zoning

  2  and land development regulations applicable to the rural land

  3  stewardship area.

  4         d.  A process which encourages visioning pursuant to s.

  5  163.3167(11) to ensure that innovative planning and

  6  development strategies comply with the provisions of this

  7  section.

  8         e.  The control of sprawl through the use of innovative

  9  strategies and creative land use techniques consistent with

10  the provisions of this subsection and rule 9J-5.006(5)(l),

11  Florida Administrative Code.

12         7.  A receiving area shall be designated by the

13  adoption of a land development regulation. Prior to the

14  designation of a receiving area, the local government shall

15  provide the Department of Community Affairs a period of 30

16  days in which to review a proposed receiving area for

17  consistency with the rural land stewardship area plan

18  amendment and to provide comments to the local government.

19         8.  Upon the adoption of a plan amendment creating a

20  rural land stewardship area, the local government shall, by

21  ordinance, assign to the area a certain number of credits, to

22  be known as "transferable rural land use credits," which shall

23  not constitute a right to develop land, nor increase density

24  of land, except as provided by this section. The total amount

25  of transferable rural land use credits assigned to the rural

26  land stewardship area must correspond to the 25-year or

27  greater projected population of the rural land stewardship

28  area. Transferable rural land use credits are subject to the

29  following limitations:

30         a.  Transferable rural land use credits may only exist

31  within a rural land stewardship area.

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1         b.  Transferable rural land use credits may only be

  2  used on lands designated as receiving areas and then solely

  3  for the purpose of implementing innovative planning and

  4  development strategies and creative land use planning

  5  techniques adopted by the local government pursuant to this

  6  section.

  7         c.  Transferable rural land use credits assigned to a

  8  parcel of land within a rural land stewardship area shall

  9  cease to exist if the parcel of land is removed from the rural

10  land stewardship area by plan amendment.

11         d.  Neither the creation of the rural land stewardship

12  area by plan amendment nor the assignment of transferable

13  rural land use credits by the local government shall operate

14  to displace the underlying density of land uses assigned to a

15  parcel of land within the rural land stewardship area;

16  however, if transferable rural land use credits are

17  transferred from a parcel for use within a designated

18  receiving area, the underlying density assigned to the parcel

19  of land shall cease to exist.

20         e.  The underlying density on each parcel of land

21  located within a rural land stewardship area shall not be

22  increased or decreased by the local government, except as a

23  result of the conveyance or use of transferable rural land use

24  credits, as long as the parcel remains within the rural land

25  stewardship area.

26         f.  Transferable rural land use credits shall cease to

27  exist on a parcel of land where the underlying density

28  assigned to the parcel of land is utilized.

29         g.  An increase in the density of use on a parcel of

30  land located within a designated receiving area may occur only

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1  through the assignment or use of transferable rural land use

  2  credits and shall not require a plan amendment.

  3         h.  A change in the density of land use on parcels

  4  located within receiving areas shall be specified in a

  5  development order which reflects the total number of

  6  transferable rural land use credits assigned to the parcel of

  7  land and the infrastructure and support services necessary to

  8  provide for a functional mix of land uses corresponding to the

  9  plan of development.

10         i.  Land within a rural land stewardship area may be

11  removed from the rural land stewardship area through a plan

12  amendment.

13         j.  Transferable rural land use credits may be assigned

14  at different ratios of credits per acre according to the land

15  use remaining following the transfer of credits, with the

16  highest number of credits per acre assigned to preserve

17  environmentally valuable land and a lesser number of credits

18  to be assigned to open space and agricultural land.

19         k.  The use or conveyance of transferable rural land

20  use credits must be recorded in the public records of the

21  county in which the property is located as a covenant or

22  restrictive easement running with the land in favor of the

23  county and either the Department of Environmental Protection,

24  Department of Agriculture and Consumer Services, a water

25  management district, or a recognized statewide land trust.

26         9.  Owners of land within rural land stewardship areas

27  should be provided incentives to enter into rural land

28  stewardship agreements, pursuant to existing law and rules

29  adopted thereto, with state agencies, water management

30  districts, and local governments to achieve mutually agreed

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1  upon conservation objectives. Such incentives may include, but

  2  not be limited to, the following:

  3         a.  Opportunity to accumulate transferable mitigation

  4  credits.

  5         b.  Extended permit agreements.

  6         c.  Opportunities for recreational leases and

  7  ecotourism.

  8         d.  Payment for specified land management services on

  9  publicly owned land, or property under covenant or restricted

10  easement in favor of a public entity.

11         e.  Option agreements for sale to government, in either

12  fee or easement, upon achievement of conservation objectives.

13         10.  The department shall report to the Legislature on

14  an annual basis on the results of implementation of rural land

15  stewardship areas authorized by the department, including

16  successes and failures in achieving the intent of the

17  Legislature as expressed in this paragraph. It is further the

18  intent of the Legislature that the success of authorized rural

19  land stewardship areas be substantiated before implementation

20  occurs on a statewide basis.

21         11.  The department, in cooperation with the Department

22  of Agriculture and Consumer Services, the Fish and Wildlife

23  Conservation Commission, at least one water management

24  district, the Office of Tourism, Trade, and Economic

25  Development, the Rural Lands Stewardship Council, and

26  Enterprise Florida, Inc., shall:

27         a.  Develop a pilot project with one water management

28  district that adheres to the intent and guidelines established

29  for rural land stewardship area programs, or uses an

30  alternative to fee simple acquisitions for properties

31  currently considered for fee simple purchases, and report to

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1  the President of the Senate and the Speaker of the House of

  2  Representatives on the status of the project prior to the 2004

  3  Regular Session of the Legislature.

  4         b.  Undertake a feasibility study to develop a pilot

  5  project in one rural county and in one urbanizing county

  6  pursuant to the intent and guidelines established for rural

  7  land stewardship area programs as an alternative to fee simple

  8  purchases in its land acquisition programs and report to the

  9  President of the Senate and the Speaker of the House of

10  Representatives on activities necessary to establish such

11  projects prior to the 2004 Regular Session of the Legislature.

12         Section 2.  Subsection (6) is added to section 195.092,

13  Florida Statutes, to read:

14         195.092  Authority to bring and maintain suits.--

15         (6)(a)  Any local government taxing authority shall

16  have the authority to bring and maintain such actions as may

17  be necessary to contest the validity of any rule, regulation,

18  order, directive, or determination of the property assessor

19  within the county where the taxing authority is located

20  relating to disapproval of any part of an assessment roll or a

21  determination of assessment levels regarding the tax-exempt

22  status of nongovernmental entities.

23         (b)  The governing body of any county government,

24  municipal government, school district, or any other local

25  government with taxing authority is authorized to establish

26  services in lieu of tax agreements with tax-exempt

27  nongovernmental entities under which the tax-exempt entities

28  agree to provide a service for the local government or

29  residents of the local government at no cost or a reduced cost

30  as a condition for maintaining their tax-exempt status.

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1         Section 3.  Paragraph (d) of subsection (12) of section

  2  259.032, Florida Statutes, is amended to read:

  3         259.032  Conservation and Recreation Lands Trust Fund;

  4  purpose.--

  5         (12)

  6         (d)  The payment amount shall be based on the average

  7  amount of actual taxes paid on the property for the 3 years

  8  preceding acquisition. Vouchers Applications for payment in

  9  lieu of taxes shall be prepared by the lead agency designated

10  in subsection (9) with management responsibilities for the

11  eligible property on behalf of the local government and shall

12  be made no later than January 31 of the year following

13  acquisition. The department shall coordinate the agencies

14  activities to ensure that vouchers for payments are prepared

15  and submitted for all local governments that qualify for

16  payment in lieu of taxes. No payment in lieu of taxes shall be

17  made for properties which were exempt from ad valorem taxation

18  for the year immediately preceding acquisition. If property

19  which was subject to ad valorem taxation was acquired by a

20  tax-exempt entity for ultimate conveyance to the state under

21  this chapter, payment in lieu of taxes shall be made for such

22  property based upon the average amount of taxes paid on the

23  property for the 3 years prior to its being removed from the

24  tax rolls. The department shall certify to the Department of

25  Revenue those properties that may be eligible under this

26  provision. Once eligibility has been established, that county

27  or local government shall receive 10 consecutive annual

28  payments for each tax loss, and no further eligibility

29  determination shall be made during that period.

30

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1         For the purposes of this subsection, "local government"

  2  includes municipalities, the county school board, mosquito

  3  control districts, and any other local government entity which

  4  levies ad valorem taxes, with the exception of a water

  5  management district.

  6         Section 4.  Subsection (21) is added to section

  7  259.105, Florida Statutes, to read:

  8         259.105  The Florida Forever Act.--

  9         (21)  An economic impact analysis that identifies

10  impacts from proposed acquisition to affected local

11  governments shall be developed by the department with the

12  assistance of the water management districts, the Office of

13  Trade, Tourism, and Economic Development, Enterprise Florida,

14  Inc., and Visit Florida. The analysis shall be conducted when

15  the value of the proposed acquisition in combination with the

16  value of existing state and water management district

17  properties within the affected county would represent more

18  than 10 percent of the total assessed value of the ad valorem

19  tax rolls of affected local governments within the county,

20  including the county government. At a minimum, the analysis

21  shall contain an estimate of the amount of assessed value

22  removed from county ad valorem tax rolls, an estimate of the

23  amount of revenue that affected governments would receive in

24  payments in lieu of taxes pursuant to s. 259.032(12), and a

25  list of other benefits that affected local governments would

26  receive as a result of the state's purchase of the proposed

27  acquisition. At the department's discretion, the Regional

28  Economic Models, Inc., model used by Enterprise Florida, Inc.,

29  and the Office of Tourism, Trade, and Economic Development may

30  be used. A copy of the department's completed analysis and

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    Florida Senate - 2003                                  SB 1816
    7-1070-03                                           See HB 883




  1  list of benefits received shall be provided to all affected

  2  local governments.

  3         Section 5.  Paragraph (d) of subsection (10) of section

  4  373.59, Florida Statutes, is amended to read:

  5         373.59  Water Management Lands Trust Fund.--

  6         (10)

  7         (d)  The payment amount shall be based on the average

  8  amount of actual taxes paid on the property for the 3 years

  9  preceding acquisition. Vouchers Applications for payment in

10  lieu of taxes shall be prepared by the appropriate water

11  management districts on behalf of local governments within

12  each of their respective districts with lands that qualify for

13  payment in lieu of taxes and shall be made no later than

14  January 31 of the year following acquisition. No payment in

15  lieu of taxes shall be made for properties which were exempt

16  from ad valorem taxation for the year immediately preceding

17  acquisition. If property that was subject to ad valorem

18  taxation was acquired by a tax-exempt entity for ultimate

19  conveyance to the state under this chapter, payment in lieu of

20  taxes shall be made for such property based upon the average

21  amount of taxes paid on the property for the 3 years prior to

22  its being removed from the tax rolls. The water management

23  districts shall certify to the Department of Revenue those

24  properties that may be eligible under this provision. Once

25  eligibility has been established, that governmental entity

26  shall receive 10 consecutive annual payments for each tax

27  loss, and no further eligibility determination shall be made

28  during that period.

29         Section 6.  This act shall take effect upon becoming a

30  law.

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