HB 0883 2003
1	A bill to be entitled
2	An act relating to environmental property acquisition and
3	development; amending s. 163.3177, F.S.; requiring the
4	Department of Community Affairs to develop a pilot project
5	with a water management district and a feasibility study
6	to develop a pilot project in certain counties for certain
7	rural land stewardship or alternatives to fee simple land
8	acquisition purposes; requiring reports to the
9	Legislature; amending s. 195.092, F.S.; authorizing local
10	government taxing authorities to contest certain property
11	assessor actions relating to property assessments of tax-
12	exempt nongovernmental entities; authorizing local
13	government taxing authorities to establish agreements for
14	services to be provided by certain tax-exempt
15	nongovernmental entities for the purpose of maintaining
16	tax-exempt status; amending ss. 259.032 and 373.59, F.S.;
17	revising certain agency responsibilities and procedures
18	under certain payment in lieu of taxes provisions under
19	the Conservation and Recreation Lands Trust Fund and the
20	Water Management Lands Trust Fund; amending s. 259.105,
21	F.S.; requiring the Department of Environmental Protection
22	to develop an economic impact analysis for certain state
23	land acquisitions under the Florida Forever Act relating
24	to effects upon local ad valorem tax rolls; requiring
25	estimates of revenues received as payments in lieu of
26	taxes and other benefits of acquisition; providing an
27	effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Paragraph (d) of subsection (11) of section
32	163.3177, Florida Statutes, is amended to read:
33	163.3177 Required and optional elements of comprehensive
34	plan; studies and surveys.--
35	(11)
36	(d)1. The department, in cooperation with the Department
37	of Agriculture and Consumer Services, shall provide assistance
38	to local governments in the implementation of this paragraph and
39	rule 9J-5.006(5)(l), Florida Administrative Code. Implementation
40	of those provisions shall include a process by which the
41	department may authorize up to five local governments to
42	designate all or portions of lands classified in the future land
43	use element as predominantly agricultural, rural, open, open-
44	rural, or a substantively equivalent land use, as a rural land
45	stewardship area within which planning and economic incentives
46	are applied to encourage the implementation of innovative and
47	flexible planning and development strategies and creative land
48	use planning techniques, including those contained in rule 9J-
49	5.006(5)(l), Florida Administrative Code.
50	2. The department shall encourage participation by local
51	governments of different sizes and rural characteristics. It is
52	the intent of the Legislature that rural land stewardship areas
53	be used to further the following broad principles of rural
54	sustainability: restoration and maintenance of the economic
55	value of rural land; control of urban sprawl; identification and
56	protection of ecosystems, habitats, and natural resources;
57	promotion of rural economic activity; maintenance of the
58	viability of Florida's agricultural economy; and protection of
59	the character of rural areas of Florida.
60	3. A local government may apply to the department in
61	writing requesting consideration for authorization to designate
62	a rural land stewardship area and shall describe its reasons for
63	applying for the authorization with supporting documentation
64	regarding its compliance with criteria set forth in this
65	section.
66	4. In selecting a local government, the department shall,
67	by written agreement:
68	a. Ensure that the local government has expressed its
69	intent to designate a rural land stewardship area pursuant to
70	the provisions of this subsection and clarify that the rural
71	land stewardship area is intended.
72	b. Ensure that the local government has the financial and
73	administrative capabilities to implement a rural land
74	stewardship area.
75	5. The written agreement shall include the basis for the
76	authorization and provide criteria for evaluating the success of
77	the authorization including the extent the rural land
78	stewardship area enhances rural land values; control urban
79	sprawl; provides necessary open space for agriculture and
80	protection of the natural environment; promotes rural economic
81	activity; and maintains rural character and the economic
82	viability of agriculture. The department may terminate the
83	agreement at any time if it determines that the local government
84	is not meeting the terms of the agreement.
85	6. A rural land stewardship area shall be not less than
86	50,000 acres and shall not exceed 250,000 acres in size, shall
87	be located outside of municipalities and established urban
88	growth boundaries, and shall be designated by plan amendment.
89	The plan amendment designating a rural land stewardship area
90	shall be subject to review by the Department of Community
91	Affairs pursuant to s. 163.3184 and shall provide for the
92	following:
93	a. Criteria for the designation of receiving areas within
94	rural land stewardship areas in which innovative planning and
95	development strategies may be applied. Criteria shall at a
96	minimum provide for the following: adequacy of suitable land to
97	accommodate development so as to avoid conflict with
98	environmentally sensitive areas, resources, and habitats;
99	compatibility between and transition from higher density uses to
100	lower intensity rural uses; the establishment of receiving area
101	service boundaries which provide for a separation between
102	receiving areas and other land uses within the rural land
103	stewardship area through limitations on the extension of
104	services; and connection of receiving areas with the rest of the
105	rural land stewardship area using rural design and rural road
106	corridors.
107	b. Goals, objectives, and policies setting forth the
108	innovative planning and development strategies to be applied
109	within rural land stewardship areas pursuant to the provisions
110	of this section.
111	c. A process for the implementation of innovative planning
112	and development strategies within the rural land stewardship
113	area, including those described in this subsection and rule 9J-
114	5.006(5)(l), Florida Administrative Code, which provide for a
115	functional mix of land uses and which are applied through the
116	adoption by the local government of zoning and land development
117	regulations applicable to the rural land stewardship area.
118	d. A process which encourages visioning pursuant to s.
119	163.3167(11) to ensure that innovative planning and development
120	strategies comply with the provisions of this section.
121	e. The control of sprawl through the use of innovative
122	strategies and creative land use techniques consistent with the
123	provisions of this subsection and rule 9J-5.006(5)(l), Florida
124	Administrative Code.
125	7. A receiving area shall be designated by the adoption of
126	a land development regulation. Prior to the designation of a
127	receiving area, the local government shall provide the
128	Department of Community Affairs a period of 30 days in which to
129	review a proposed receiving area for consistency with the rural
130	land stewardship area plan amendment and to provide comments to
131	the local government.
132	8. Upon the adoption of a plan amendment creating a rural
133	land stewardship area, the local government shall, by ordinance,
134	assign to the area a certain number of credits, to be known as
135	"transferable rural land use credits," which shall not
136	constitute a right to develop land, nor increase density of
137	land, except as provided by this section. The total amount of
138	transferable rural land use credits assigned to the rural land
139	stewardship area must correspond to the 25-year or greater
140	projected population of the rural land stewardship area.
141	Transferable rural land use credits are subject to the following
142	limitations:
143	a. Transferable rural land use credits may only exist
144	within a rural land stewardship area.
145	b. Transferable rural land use credits may only be used on
146	lands designated as receiving areas and then solely for the
147	purpose of implementing innovative planning and development
148	strategies and creative land use planning techniques adopted by
149	the local government pursuant to this section.
150	c. Transferable rural land use credits assigned to a
151	parcel of land within a rural land stewardship area shall cease
152	to exist if the parcel of land is removed from the rural land
153	stewardship area by plan amendment.
154	d. Neither the creation of the rural land stewardship area
155	by plan amendment nor the assignment of transferable rural land
156	use credits by the local government shall operate to displace
157	the underlying density of land uses assigned to a parcel of land
158	within the rural land stewardship area; however, if transferable
159	rural land use credits are transferred from a parcel for use
160	within a designated receiving area, the underlying density
161	assigned to the parcel of land shall cease to exist.
162	e. The underlying density on each parcel of land located
163	within a rural land stewardship area shall not be increased or
164	decreased by the local government, except as a result of the
165	conveyance or use of transferable rural land use credits, as
166	long as the parcel remains within the rural land stewardship
167	area.
168	f. Transferable rural land use credits shall cease to
169	exist on a parcel of land where the underlying density assigned
170	to the parcel of land is utilized.
171	g. An increase in the density of use on a parcel of land
172	located within a designated receiving area may occur only
173	through the assignment or use of transferable rural land use
174	credits and shall not require a plan amendment.
175	h. A change in the density of land use on parcels located
176	within receiving areas shall be specified in a development order
177	which reflects the total number of transferable rural land use
178	credits assigned to the parcel of land and the infrastructure
179	and support services necessary to provide for a functional mix
180	of land uses corresponding to the plan of development.
181	i. Land within a rural land stewardship area may be
182	removed from the rural land stewardship area through a plan
183	amendment.
184	j. Transferable rural land use credits may be assigned at
185	different ratios of credits per acre according to the land use
186	remaining following the transfer of credits, with the highest
187	number of credits per acre assigned to preserve environmentally
188	valuable land and a lesser number of credits to be assigned to
189	open space and agricultural land.
190	k. The use or conveyance of transferable rural land use
191	credits must be recorded in the public records of the county in
192	which the property is located as a covenant or restrictive
193	easement running with the land in favor of the county and either
194	the Department of Environmental Protection, Department of
195	Agriculture and Consumer Services, a water management district,
196	or a recognized statewide land trust.
197	9. Owners of land within rural land stewardship areas
198	should be provided incentives to enter into rural land
199	stewardship agreements, pursuant to existing law and rules
200	adopted thereto, with state agencies, water management
201	districts, and local governments to achieve mutually agreed upon
202	conservation objectives. Such incentives may include, but not be
203	limited to, the following:
204	a. Opportunity to accumulate transferable mitigation
205	credits.
206	b. Extended permit agreements.
207	c. Opportunities for recreational leases and ecotourism.
208	d. Payment for specified land management services on
209	publicly owned land, or property under covenant or restricted
210	easement in favor of a public entity.
211	e. Option agreements for sale to government, in either fee
212	or easement, upon achievement of conservation objectives.
213	10. The department shall report to the Legislature on an
214	annual basis on the results of implementation of rural land
215	stewardship areas authorized by the department, including
216	successes and failures in achieving the intent of the
217	Legislature as expressed in this paragraph. It is further the
218	intent of the Legislature that the success of authorized rural
219	land stewardship areas be substantiated before implementation
220	occurs on a statewide basis.
221	11. The department, in cooperation with the Department of
222	Agriculture and Consumer Services, the Fish and Wildlife
223	Conservation Commission, at least one water management district,
224	the Office of Tourism, Trade, and Economic Development, the
225	Rural Lands Stewardship Council, and Enterprise Florida, Inc.,
226	shall:
227	a. Develop a pilot project with one water management
228	district that adheres to the intent and guidelines established
229	for rural land stewardship area programs, or uses an alternative
230	to fee simple acquisitions for properties currently considered
231	for fee simple purchases, and report to the President of the
232	Senate and the Speaker of the House of Representatives on the
233	status of the project prior to the 2004 Regular Session of the
234	Legislature.
235	b. Undertake a feasibility study to develop a pilot
236	project in one rural county and in one urbanizing county
237	pursuant to the intent and guidelines established for rural land
238	stewardship area programs as an alternative to fee simple
239	purchases in its land acquisition programs and report to the
240	President of the Senate and the Speaker of the House of
241	Representatives on activities necessary to establish such
242	projects prior to the 2004 Regular Session of the Legislature.
243	Section 2. Subsection (6) is added to section 195.092,
244	Florida Statutes, to read:
245	195.092 Authority to bring and maintain suits.--
246	(6)(a) Any local government taxing authority shall have
247	the authority to bring and maintain such actions as may be
248	necessary to contest the validity of any rule, regulation,
249	order, directive, or determination of the property assessor
250	within the county where the taxing authority is located relating
251	to disapproval of any part of an assessment roll or a
252	determination of assessment levels regarding the tax-exempt
253	status of nongovernmental entities.
254	(b) The governing body of any county government, municipal
255	government, school district, or any other local government with
256	taxing authority is authorized to establish services in lieu of
257	tax agreements with tax-exempt nongovernmental entities under
258	which the tax-exempt entities agree to provide a service for the
259	local government or residents of the local government at no cost
260	or a reduced cost as a condition for maintaining their tax-
261	exempt status.
262	Section 3. Paragraph (d) of subsection (12) of section
263	259.032, Florida Statutes, is amended to read:
264	259.032 Conservation and Recreation Lands Trust Fund;
265	purpose.--
266	(12)
267	(d) The payment amount shall be based on the average
268	amount of actual taxes paid on the property for the 3 years
269	preceding acquisition. VouchersApplicationsfor payment in lieu
270	of taxes shall be prepared by the lead agency designated in
271	subsection (9) with management responsibilities for the eligible
272	property on behalf of the local government and shall bemade no
273	later than January 31 of the year following acquisition. The
274	department shall coordinate the agencies’ activities to ensure
275	that vouchers for payments are prepared and submitted for all
276	local governments that qualify for payment in lieu of taxes.No
277	payment in lieu of taxes shall be made for properties which were
278	exempt from ad valorem taxation for the year immediately
279	preceding acquisition. If property which was subject to ad
280	valorem taxation was acquired by a tax-exempt entity for
281	ultimate conveyance to the state under this chapter, payment in
282	lieu of taxes shall be made for such property based upon the
283	average amount of taxes paid on the property for the 3 years
284	prior to its being removed from the tax rolls. The department
285	shall certify to the Department of Revenue those properties that
286	may be eligible under this provision. Once eligibility has been
287	established, that county or local government shall receive 10
288	consecutive annual payments for each tax loss, and no further
289	eligibility determination shall be made during that period.
290
291	For the purposes of this subsection, "local government" includes
292	municipalities, the county school board, mosquito control
293	districts, and any other local government entity which levies ad
294	valorem taxes, with the exception of a water management
295	district.
296	Section 4. Subsection (21) is added to section 259.105,
297	Florida Statutes, to read:
298	259.105 The Florida Forever Act.--
299	(21) An economic impact analysis that identifies impacts
300	from proposed acquisition to affected local governments shall be
301	developed by the department with the assistance of the water
302	management districts, the Office of Trade, Tourism, and Economic
303	Development, Enterprise Florida, Inc., and Visit Florida. The
304	analysis shall be conducted when the value of the proposed
305	acquisition in combination with the value of existing state and
306	water management district properties within the affected county
307	would represent more than 10 percent of the total assessed value
308	of the ad valorem tax rolls of affected local governments within
309	the county, including the county government. At a minimum, the
310	analysis shall contain an estimate of the amount of assessed
311	value removed from county ad valorem tax rolls, an estimate of
312	the amount of revenue that affected governments would receive in
313	payments in lieu of taxes pursuant to s. 259.032(12), and a list
314	of other benefits that affected local governments would receive
315	as a result of the state’s purchase of the proposed acquisition.
316	At the department’s discretion, the Regional Economic Models,
317	Inc., model used by Enterprise Florida, Inc., and the Office of
318	Tourism, Trade, and Economic Development may be used. A copy of
319	the department’s completed analysis and list of benefits
320	received shall be provided to all affected local governments.
321	Section 5. Paragraph (d) of subsection (10) of section
322	373.59, Florida Statutes, is amended to read:
323	373.59 Water Management Lands Trust Fund.--
324	(10)
325	(d) The payment amount shall be based on the average
326	amount of actual taxes paid on the property for the 3 years
327	preceding acquisition. VouchersApplicationsfor payment in lieu
328	of taxes shall be prepared by the appropriate water management
329	districts on behalf of local governments within each of their
330	respective districts with lands that qualify for payment in lieu
331	of taxes and shall bemade no later than January 31 of the year
332	following acquisition. No payment in lieu of taxes shall be made
333	for properties which were exempt from ad valorem taxation for
334	the year immediately preceding acquisition. If property that was
335	subject to ad valorem taxation was acquired by a tax-exempt
336	entity for ultimate conveyance to the state under this chapter,
337	payment in lieu of taxes shall be made for such property based
338	upon the average amount of taxes paid on the property for the 3
339	years prior to its being removed from the tax rolls. The water
340	management districts shall certify to the Department of Revenue
341	those properties that may be eligible under this provision. Once
342	eligibility has been established, that governmental entity shall
343	receive 10 consecutive annual payments for each tax loss, and no
344	further eligibility determination shall be made during that
345	period.
346	Section 6. This act shall take effect upon becoming a law.
347