HB 0621 2003
1	A bill to be entitled
2	An act relating to land acquisition; amending s. 380.502,
3	F.S.; providing legislative findings with respect to the
4	need to revitalize and redevelop certain urban areas and
5	to the value of urban greenspace; amending s. 380.503,
6	F.S.; defining the term "remediation project" for purposes
7	of the Florida Communities Trust Act; amending s. 380.507,
8	F.S.; authorizing the Florida Communities Trust to fund
9	remediation projects; authorizing the trust to adopt rules
10	concerning the resolution of land use conflicts; amending
11	s. 380.508, F.S.; specifying purposes of remediation
12	projects; amending s. 380.510, F.S.; conforming a cross
13	reference to changes made by the act; providing for funds
14	from the Preservation 2000 Trust Fund and the Florida
15	Forever Trust Fund to be used for projects approved under
16	the Florida Communities Trust Act; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Present subsection (3) of section 380.502,
22	Florida Statutes, is renumbered as subsection (4) and a new
23	subsection (3) is added to that section to read:
24	380.502 Legislative findings and intent.--
25	(3) The Legislature recognizes the need to augment
26	community efforts to revitalize and redevelop urban core and
27	formerly industrial areas of the population centers of the state
28	by reclaiming open space and enhancing opportunities for parks.
29	The Legislature also recognizes that greenspace in urban
30	settings is an integral part and function of an environmentally
31	and economically healthy municipality.
32	Section 2. Present subsections (11) through (17) of
33	section 380.503, Florida Statutes, are renumbered as subsections
34	(12) through (18), respectively, and a new subsection (11) is
35	added to that section to read:
36	380.503 Definitions.--As used in ss. 380.501-380.515,
37	unless the context indicates a different meaning or intent:
38	(11) "Remediation project" means action taken pursuant to
39	this part to restore for public use and enjoyment contaminated
40	and environmentally damaged, deteriorated, or deteriorating
41	properties located in urban areas.
42	Section 3. Subsections (2) and (11) of section 380.507,
43	Florida Statutes, are amended to read:
44	380.507 Powers of the trust.--The trust shall have all the
45	powers necessary or convenient to carry out the purposes and
46	provisions of this part, including:
47	(2) To undertake, coordinate, or fund activities and
48	projects which will help bring local comprehensive plans into
49	compliance and help implement the goals, objectives, and
50	policies of the conservation, recreation and open space, and
51	coastal elements of local comprehensive plans, or which will
52	otherwise serve to conserve natural resources and resolve land
53	use conflicts, including, but not limited to:
54	(a) Redevelopment projects.
55	(b) Resource enhancement projects.
56	(c) Public access projects.
57	(d) Urban waterfront restoration projects.
58	(e) Site reservation.
59	(f) Urban greenways and open space projects.
60	(g) Remediation projects.
61	(11) To make rules necessary to carry out the purposes of
62	this part and to exercise any power granted in this part,
63	pursuant to the provisions of chapter 120. The trust shall adopt
64	rules governing the acquisition of lands using proceeds from the
65	Preservation 2000 Trust Fund and the Florida Forever Trust Fund,
66	consistent with the intent expressed in the Florida Forever Act.
67	Such rules for land acquisition must include, but are not
68	limited to, procedures for appraisals and confidentiality
69	consistent with ss. 125.355(1)(a) and (b) and 166.045(1)(a) and
70	(b);, a method of determining a maximum purchase price;, and
71	procedures to assure that the land is acquired in a voluntarily
72	negotiated transaction, surveyed, conveyed with marketable
73	title, and examined for hazardous materials contamination; and
74	procedures for awarding points for project excellence if the
75	proposed project helps in the voluntary resolution of land use
76	conflicts and issues as provided in s. 380.502(4)(c). Land
77	acquisition procedures of a local land authority created
78	pursuant to s. 380.0663 or s. 380.0677 may be used for the land
79	acquisition programs described by ss. 259.101(3)(c) and 259.105
80	if within areas of critical state concern designated pursuant to
81	s. 380.05, subject to approval of the trust.
82	Section 4. Subsection (4) of section 380.508, Florida
83	Statutes, is amended to read:
84	380.508 Projects; development, review, and approval.--
85	(4) Projects or activities which the trust undertakes,
86	coordinates, or funds in any manner shall comply with the
87	following guidelines:
88	(a) The purpose of redevelopment projects shall be to
89	restore areas which are adversely affected by scattered
90	ownership, poor lot layout, inadequate park and open space,
91	incompatible land uses, or other conditions which endanger the
92	environment or impede orderly development. Grants and loans
93	awarded for redevelopment projects shall be used for assembling
94	parcels of land within redevelopment project areas for the
95	redesign of such areas and for the installation of public
96	improvements required to serve such areas. After redesign and
97	installation of public improvements, if any, lands in
98	redevelopment projects, with the exception of lands acquired for
99	public purposes, shall be conveyed to any person for development
100	in accordance with a redevelopment project plan approved
101	according to this part.
102	(b) The purpose of remediation projects shall be to
103	restore for public use and enjoyment contaminated,
104	environmentally damaged, deteriorated, or deteriorating
105	properties located in urban areas. Grants or loans awarded for
106	remediation projects must be used to clean up soil, groundwater,
107	and surface water contamination; dispose of wastes; demolish
108	structures; install water management systems; and for other
109	corrective measures that promote the public use and enjoyment of
110	the project areas.
111	(c)(b)The purpose of resource enhancement projects shall
112	be to enhance natural resources which, because of indiscriminate
113	dredging or filling, improper location of improvements, natural
114	or human-induced events, or incompatible land uses, have
115	suffered loss of natural and scenic values. Grants and loans
116	awarded for resource enhancement projects shall be used for the
117	assembly of parcels of land to improve resource management, for
118	relocation of improperly located or designed improvements, and
119	for other corrective measures which will enhance the natural and
120	scenic character of project areas.
121	(d)(c)The purpose of public access projects shall be to
122	acquire interests in and initially develop lands which are
123	suitable for and which will be used for public accessways to
124	surface waters. The trust shall identify local governments and
125	nonprofit organizations which will accept responsibility for
126	maintenance and liability for public accessways which are
127	located outside the state park system. The trust may lease any
128	public access site developed under this part to a local
129	government or nonprofit organization, provided that the
130	conditions of the lease guarantee public use of the site. The
131	trust may accept, from any local government or nonprofit
132	organization, fees collected for providing public access to
133	surface waters. The trust shall expend any such funds it
134	accepts only for acquisition, development, and maintenance of
135	such public accessways. To the maximum extent possible, the
136	trust shall expend such fees in the general area where they are
137	collected or in areas where public access to surface waters is
138	clearly deficient. The trust may transfer funds, including such
139	fees, to a local government or nonprofit organization to acquire
140	public access sites. In developing or coordinating public
141	access projects, the trust shall ensure that project plans
142	involving beach access are consistent with state laws governing
143	beach access.
144	(e)(d)The purpose of urban waterfront restoration
145	projects shall be to restore deteriorated or deteriorating urban
146	waterfronts for public use and enjoyment. Urban waterfront
147	restoration projects shall include public access sites.
148	(f)(e)The trust shall cooperate with local governments,
149	state agencies, federal agencies, and nonprofit organizations in
150	ensuring the reservation of lands for parks, recreation, fish
151	and wildlife habitat, historical preservation, or scientific
152	study. In the event that any local government, state agency,
153	federal agency, or nonprofit organization is unable, due to
154	limited financial resources or other circumstances of a
155	temporary nature, to acquire a site for the purposes described
156	in this paragraph, the trust may acquire and hold the site for
157	subsequent conveyance to the appropriate governmental agency or
158	nonprofit organization. The trust may provide such technical
159	assistance as is required to aid local governments, state and
160	federal agencies, and nonprofit organizations in completing
161	acquisition and related functions. The trust shall not reserve
162	lands acquired in accordance with this paragraph for more than 5
163	years from the time of acquisition. A local government, federal
164	or state agency, or nonprofit organization may acquire the land
165	at any time during this period for public purposes. The
166	purchase price shall be based upon the trust's cost of
167	acquisition, plus administrative and management costs in
168	reserving the land. The payment of this purchase price shall be
169	by money, trust-approved property of an equivalent value, or a
170	combination of money and trust-approved property. If, after the
171	5-year period, the trust has not sold to a governmental agency
172	or nonprofit organization land acquired for site reservation,
173	the trust shall dispose of such land at fair market value or
174	shall trade it for other land of comparable value which will
175	serve to accomplish the purposes of this part. Any proceeds from
176	the sale of such land shall be deposited in the Florida
177	Communities Trust Fund.
178
179	Project costs may include costs of providing parks, open space,
180	public access sites, scenic easements, and other areas and
181	facilities serving the public where such features are part of a
182	project plan approved according to this part. In undertaking or
183	coordinating projects or activities authorized by this part, the
184	trust shall, when appropriate, use and promote the use of
185	creative land acquisition methods, including the acquisition of
186	less than fee interest through, among other methods,
187	conservation easements, transfer of development rights, leases,
188	and leaseback arrangements. The trust also shall assist local
189	governments in the use of sound alternative methods of financing
190	for funding projects and activities authorized by this part.
191	Any funds over and above eligible project costs, which remain
192	after completion of a project approved according to this part,
193	shall be transmitted to the state and deposited in the Florida
194	Communities Trust Fund.
195	Section 5. Paragraph (d) of subsection (3) and subsection
196	(7) of section 380.510, Florida Statutes, are amended to read:
197	380.510 Conditions of grants and loans.--
198	(3) In the case of a grant or loan for land acquisition,
199	agreements shall provide all of the following:
200	(d) If any essential term or condition of a grant or loan
201	is violated, title to all interest in real property acquired
202	with state funds shall be conveyed or revert to the Board of
203	Trustees of the Internal Improvement Trust Fund. The trust
204	shall treat such property in accordance with s. 380.508(4)(f)s.
205	380.508(4)(e).
206
207	Any deed or other instrument of conveyance whereby a nonprofit
208	organization or local government acquires real property under
209	this section shall set forth the interest of the state. The
210	trust shall keep at least one copy of any such instrument and
211	shall provide at least one copy to the Board of Trustees of the
212	Internal Improvement Trust Fund.
213	(7) Any funds received by the trust from the Preservation
214	2000 Trust Fund pursuant to s. 259.101(3)(c) and the Florida
215	Forever Trust Fund pursuant to s. 259.105(3)(c) shall be held
216	separate and apart from any other funds held by the trust and
217	shall be used for grants and loans for any project approved
218	underthe land acquisition purposes ofthis part. In addition to
219	the other conditions set forth in this section, the disbursement
220	of Preservation 2000 and Florida Forever funds from the trust
221	shall be subject to the following conditions:
222	(a) The administration and use of any funds received by
223	the trust from the Preservation 2000 Trust Fund and the Florida
224	Forever Trust Fund shall be subject to such terms and conditions
225	imposed thereon by the agency of the state responsible for the
226	bonds, the proceeds of which are deposited in the Preservation
227	2000 Trust Fund and the Florida Forever Trust Fund, including
228	restrictions imposed to ensure that the interest on any such
229	bonds issued by the state as tax-exempt bonds will not be
230	included in the gross income of the holders of such bonds for
231	federal income tax purposes.
232	(b) All deeds or leases with respect to any real property
233	acquired with funds received by the trust from the Preservation
234	2000 Trust Fund shall contain such covenants and restrictions as
235	are sufficient to ensure that the use of such real property at
236	all times complies with s. 375.051 and s. 9, Art. XII of the
237	State Constitution. All deeds or leases with respect to any real
238	property acquired with funds received by the trust from the
239	Florida Forever Trust Fund shall contain such covenants and
240	restrictions as are sufficient to ensure that the use of such
241	real property at all times complies with s. 11(e), Art. VII of
242	the State Constitution. Each deed or lease shall contain a
243	reversion, conveyance, or termination clause that will vest
244	title in the Board of Trustees of the Internal Improvement Trust
245	Fund if any of the covenants or restrictions are violated by the
246	titleholder or leaseholder or by some third party with the
247	knowledge of the titleholder or leaseholder.
248	Section 6. This act shall take effect July 1, 2003.