Senate Bill sb0728c1

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    Florida Senate - 2003                            CS for SB 728

    By the Committee on Appropriations; and Senators Dockery,
    Argenziano, Smith, Atwater, Geller, Sebesta, Constantine,
    Alexander, Bennett, Lynn and Bullard



    309-2540-03

  1                      A bill to be entitled

  2         An act relating to rural land protection;

  3         amending s. 201.15, F.S.; providing for the

  4         distribution of certain excise taxes on

  5         documents to the Rural Lands Program Trust Fund

  6         of the Department of Agriculture and Consumer

  7         Services; creating s. 215.6195, F.S.;

  8         authorizing the issuance of bonds for rural

  9         land protection; providing certain conditions;

10         providing for the deposit of proceeds;

11         providing that issuance of such bonds is in the

12         best interests of the state; amending s.

13         570.207, F.S.; providing uses for funds in the

14         Conservation and Recreation Lands Program Trust

15         Fund; amending s. 570.70, F.S.; providing

16         conclusions of a study by the department;

17         amending s. 570.71, F.S.; authorizing the use

18         of rural land protection bonds to implement

19         provisions relating to conservation and rural

20         land protection easements and agreements;

21         providing a contingent effective date.

22  

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

24  

25         Section 1.  Paragraph (d) of subsection (1) of section

26  201.15, Florida Statutes, is amended to read:

27         201.15  Distribution of taxes collected.--All taxes

28  collected under this chapter shall be distributed as follows

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

30  215.20(1), except that such service charge shall not be levied

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

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    Florida Senate - 2003                            CS for SB 728
    309-2540-03




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

 2  required to pay any amounts relating to the bonds:

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

 4  the remaining taxes collected under this chapter shall be used

 5  for the following purposes:

 6         (d)  The remainder of the moneys distributed under this

 7  subsection, after the required payments under paragraphs (a),

 8  (b), and (c), shall be paid into the State Treasury to the

 9  credit of the General Revenue Fund of the state to be used and

10  expended for the purposes for which the General Revenue Fund

11  was created and exists by law, or to the Ecosystem Management

12  and Restoration Trust Fund or to the Marine Resources

13  Conservation Trust Fund as provided in subsection (11), or to

14  the Rural Lands Program Trust Fund of the Department of

15  Agriculture and Consumer Services pursuant to s. 215.6195.

16  Moneys available under this paragraph shall first be used to

17  pay debt service due on any rural land protection bond or to

18  make any other payments required pursuant to the bond

19  documents authorizing the issuance before such moneys are used

20  for other purposes authorized by this paragraph.

21         Section 2.  Section 215.6195, Florida Statutes, is

22  created to read:

23         215.6195  Bonds for rural land protection.--

24         (1)  The issuance of rural land protection bonds not

25  exceeding $1 billion is authorized. The rural land protection

26  bonds may be issued over the next 10 fiscal years commencing

27  on July 1, 2003, in an amount not exceeding $100 million in

28  any fiscal year, subject to the provisions of s. 570.71 and

29  pursuant to s. 11(e), Art. VII of the State Constitution. The

30  duration of each series of bonds issued may not exceed 20

31  annual maturities. Except for refunding bonds, a series of

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    Florida Senate - 2003                            CS for SB 728
    309-2540-03




 1  bonds may not be issued unless an amount equal to the debt

 2  service coming due in the year of issuance has been

 3  specifically appropriated in the General Appropriations Act.

 4         (2)  The state covenants with the holders of rural land

 5  protection bonds that it will not take any action that will

 6  materially and adversely affect the rights of such holders so

 7  long as the bonds are outstanding, including, but not limited

 8  to, a reduction in the portion of documentary stamp taxes

 9  distributable to the Rural Lands Program Trust Fund of the

10  Department of Agriculture and Consumer Services for payment of

11  debt service.

12         (3)  Bonds issued pursuant to this section shall be

13  payable from taxes distributable to the Rural Lands Program

14  Trust Fund of the Department of Agriculture and Consumer

15  Services pursuant to s. 201.15(1)(d). Bonds issued pursuant to

16  this section do not constitute a general obligation of, or a

17  pledge of the full faith and credit of, the state.

18         (4)  The Department of Agriculture and Consumer

19  Services shall request the Division of Bond Finance of the

20  State Board of Administration to issue the rural land

21  protection bonds authorized by this section. The Division of

22  Bond Finance shall issue such bonds pursuant to the State Bond

23  Act.

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

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

26  costs of funding reserve accounts, and other costs with

27  respect to the bonds, shall be deposited into the Conservation

28  and Recreation Lands Program Trust Fund of the Department of

29  Agriculture and Consumer Services as provided in s. 570.71.

30         (6)  There shall be no sale, disposition, lease,

31  easement, license, or other use of any land, water areas, or

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    Florida Senate - 2003                            CS for SB 728
    309-2540-03




 1  related property interests acquired or improved with proceeds

 2  of rural land protection bonds which would cause all or any

 3  portion of the interest of such bonds to lose the exclusion

 4  from gross income for federal income tax purposes.

 5         (7)  The initial series of rural land protection bonds

 6  shall be validated in addition to any other bonds required to

 7  be validated pursuant to s. 215.82. Any complaint for

 8  validation of bonds issued pursuant to this section shall be

 9  filed only in the circuit court of the county where the seat

10  of state government is situated, the notice required to be

11  published by s. 75.06 shall be published only in the county

12  where the complaint is filed, and the complaint and order of

13  the circuit court shall be served only on the state attorney

14  of the circuit in which the action is pending.

15         Section 3.  In accordance with section 215.98(1),

16  Florida Statutes, the Legislature determines that the issuance

17  of rural land protection bonds under section 2 of this act is

18  in the best interest of the state and should be implemented.

19         Section 4.  Subsection (1) of section 570.207, Florida

20  Statutes, is amended to read:

21         570.207  Conservation and Recreation Lands Program

22  Trust Fund of the Department of Agriculture and Consumer

23  Services.--

24         (1)  There is created a Conservation and Recreation

25  Lands Program Trust Fund within the Department of Agriculture

26  and Consumer Services. The purpose of the trust fund is to

27  provide for the management of conservation and recreation

28  lands by the department and to fund the Rural and Family Lands

29  Protection Act created in ss. 570.70 and 570.71. The

30  department is authorized to use not more than one-half of 1

31  percent of the bond proceeds deposited into the trust fund for

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    Florida Senate - 2003                            CS for SB 728
    309-2540-03




 1  administrative purposes. Funds may be appropriated to the

 2  trust fund from the Conservation and Recreation Lands Trust

 3  Fund in the Department of Environmental Protection, as created

 4  by s. 259.032(2), or from such other sources as the

 5  Legislature may determine for the management of conservation

 6  and recreation lands by the department. Additionally, subject

 7  to the provisions of s. 11(e), Art. VII of the State

 8  Constitution, the department may use bond proceeds deposited

 9  pursuant to s. 215.6195 and funds from such other sources as

10  the Legislature determines for the acquisition of conservation

11  easements and rural land protection easements and for funding

12  agricultural protection agreements and resource conservation

13  agreements pursuant to s. 570.71.

14         Section 5.  Section 570.70, Florida Statutes, is

15  amended to read:

16         570.70  Legislative findings; study.--

17         (1)  The Legislature finds and declares that:

18         (a)(1)  A thriving rural economy with a strong

19  agricultural base, healthy natural environment, and viable

20  rural communities is an essential part of Florida. Rural areas

21  also include the largest remaining intact ecosystems and best

22  examples of remaining wildlife habitats as well as a majority

23  of privately owned land targeted by local, state, and federal

24  agencies for natural resource protection.

25         (b)(2)  The growth of Florida's population can result

26  in agricultural and rural lands being converted into

27  residential or commercial development.

28         (c)(3)  The agricultural, rural, natural resource, and

29  commodity values of rural lands are vital to the state's

30  economy, productivity, rural heritage, and quality of life.

31  

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    Florida Senate - 2003                            CS for SB 728
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 1         (d)(4)  There is The Legislature further recognizes the

 2  need for enhancing the ability of rural landowners to obtain

 3  economic value from their property, protecting rural

 4  character, controlling urban sprawl, and providing necessary

 5  open space for agriculture and the natural environment, and

 6  the importance of maintaining and protecting Florida's rural

 7  economy through innovative planning and development strategies

 8  in rural areas and the use of incentives that reward

 9  landowners for good stewardship of land and natural resources.

10         (e)(5)  The purpose of this act is to bring under

11  public protection lands that serve to limit subdivision and

12  conversion of agricultural and natural areas that provide

13  economic, open space, water, and wildlife benefits by

14  acquiring land or related interests in land such as perpetual,

15  less-than-fee acquisitions, agricultural protection

16  agreements, and resource conservation agreements and

17  innovative planning and development strategies in rural areas.

18         (2)  A study conducted by the department to determine

19  and prioritize needs for implementing the provisions of this

20  section and s. 570.71 concluded the following:

21         (a)  Between 1964 and 1997, Florida lost nearly 5

22  million acres of valuable agricultural land, with most of the

23  loss involving ranch and forest lands.

24         (b)  Florida currently has 9,114,000 acres of

25  agricultural land with natural resource attributes, including

26  groundwater recharge, natural floodplain, and significant

27  species habitat, and more than 900,000 acres of this land will

28  be converted to other uses within a decade.

29         (c)  The objective of a program to protect agricultural

30  land with natural resource value through conservation

31  

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    Florida Senate - 2003                            CS for SB 728
    309-2540-03




 1  easements and other tools should be protection of 1 acre for

 2  every acre lost.

 3         Section 6.  Subsection (12) of section 570.71, Florida

 4  Statutes, is amended to read:

 5         570.71  Conservation easements and agreements.--

 6         (12)  The department is authorized to use funds from

 7  the following sources to implement this act:

 8         (a)  State funds;

 9         (b)  Rural land protection bonds as authorized by s.

10  215.6195;

11         (c)(b)  Federal funds;

12         (d)(c)  Other governmental entities;

13         (e)(d)  Nongovernmental organizations; or

14         (f)(e)  Private individuals.

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16  Any such funds provided shall be deposited into the

17  Conservation and Recreation Lands Program Trust Fund within

18  the Department of Agriculture and Consumer Services and used

19  for the purposes of this act.

20         Section 7.  This act shall take effect July 1, 2003, if

21  Senate Bill _____ or similar legislation creating the Rural

22  Lands Program Trust Fund is adopted in the same legislative

23  session or an extension thereof and becomes law.

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    Florida Senate - 2003                            CS for SB 728
    309-2540-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 728

 3                                 

 4  The committee substitute clarifies that it is the
    responsibility of the Division of Bond Finance at the State
 5  Board of Administration to issue rural land protection bonds.

 6  The substitute authorizes the Department of Agriculture and
    Consumer Services to use rural land protection bond proceeds,
 7  and any other funds deposited in the Conservation and
    Recreation Lands Program Trust Fund to fund the Rural and
 8  Family Lands Protection Act, pursuant to ss. 570.70 and
    570.71, F.S.
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    Authorizes the Department of Agriculture and Consumer Services
10  to use not more than one-half of one percent of bond proceeds
    deposited into the Conservation and Recreation Lands Trust
11  Fund for administrative purposes.

12  Provides that except for bond refunding, a series of bonds may
    not be issued unless an amount equal to the debt service
13  coming due in the year of issuance has been specifically
    appropriated in the General Appropriations Act.
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