Senate Bill sb0054Ac1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 54-A

    By the Committee on Natural Resources; and Senator Dockery





    312-2648-03

  1                      A bill to be entitled

  2         An act relating to environmental and

  3         conservation lands; amending s. 253.025, F.S.;

  4         revising requirements for appraisals when

  5         acquiring state lands; amending s. 253.034,

  6         F.S.; providing conditions under which

  7         state-owned lands may be considered

  8         nonconservation lands; revising requirements

  9         for land management plans for conservation

10         lands to be submitted to the Division of State

11         Lands; providing that land use plans for

12         nonconservation lands be submitted to the

13         Division of State Lands at least every 10

14         years; revising requirements for the sale of

15         surplus lands; authorizing the Division of

16         State Lands to determine the sale price of

17         surplus lands; providing the Board of Trustees

18         of the Internal Improvement Trust Fund with the

19         authority to adopt rules; directing the

20         Division of State Lands to prepare a state

21         inventory of all federal lands and all lands

22         titled in the name of the state, a state

23         agency, a water management district, or a local

24         government; requiring the participation of

25         counties in developing a county inventory;

26         providing conditions under which certain lands

27         may be made available for purchase under the

28         state's land surplusing process; creating s.

29         253.0341, F.S.; authorizing counties and local

30         governments to submit requests to surplus state

31         lands directly to the board of trustees;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         providing for an expedited surplusing process;

 2         amending s. 253.042, F.S.; revising the

 3         circumstances under which the board of trustees

 4         may directly exchange state-owned lands;

 5         providing requirements for the exchange of

 6         donated conservation lands; providing

 7         requirements for the conveyance of donated

 8         nonconservation lands; providing requirements

 9         for the exchange of other state-owned lands;

10         amending s. 253.7823, F.S.; revising

11         requirements for the disposition of former

12         barge canal surplus lands; amending s. 259.032,

13         F.S.; revising requirements for updating land

14         management plans; revising provisions allowing

15         the use of reverted funds; requiring that state

16         agencies prepare and submit to the Department

17         of Revenue for certification application

18         requests for payment in lieu of taxes from

19         local governments; revising requirements for

20         payment in lieu of taxes; amending s. 259.0322,

21         F.S.; providing for the reinstitution of

22         payments in lieu of taxes; amending s. 259.036,

23         F.S.; requiring land management review teams to

24         submit a 10-year land management plan update to

25         the Acquisition and Restoration Council;

26         amending s. 259.041, F.S.; clarifying certain

27         requirements regarding the acquisition of

28         state-owned lands; amending s. 373.089, F.S.;

29         providing conditions under which lands titled

30         in the name of a water management district may

31         be made available for purchase through a

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         surplusing process; amending s. 373.139, F.S.;

 2         repealing obsolete requirements; revising

 3         requirements for appraisals when acquiring

 4         water management district lands; amending s.

 5         373.59, F.S.; revising provisions requiring

 6         payments in lieu of taxes from funds deposited

 7         into the Water Management Lands Trust Fund;

 8         amending s. 373.5905, F.S.; revising provisions

 9         requiring reinstitution of payments in lieu of

10         taxes; amending s. 260.016, F.S.; revising

11         powers of the department in evaluating lands

12         for acquisition of greenways and trails;

13         requiring the exchange of lands between the

14         Board of Trustees of the Internal Improvement

15         Trust Fund and a local government under certain

16         conditions; providing purposes for which

17         exchanged lands may be used; requiring the

18         exchange of lands between the Board of Trustees

19         of the Internal Improvement Trust Fund and a

20         private entity by July 1, 2003; repealing s.

21         253.84, F.S., relating to the acquisition of

22         lands containing cattle-dipping vats; repealing

23         s. 259.0345, F.S., relating to the Florida

24         Forever Advisory Council; amending s. 373.4592,

25         F.S., as amended by ch. 2003-12, Laws of

26         Florida; amending the "Everglades Forever Act";

27         revising goals and mandates relating to the

28         timing of implementing certain goals; placing

29         time limits on certain provisions unless

30         reauthorized by the Legislature; reenacting s.

31         201.15(1),(2)(a),(11), and (12), F.S.;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         providing for distribution of proceeds from

 2         excise taxes on documents to pay debt service

 3         on Everglades restoration bonds; reenacting s.

 4         215.619, F.S.; authorizing the issuance of

 5         Everglades restoration bonds to finance or

 6         refinance the cost of acquisition and

 7         improvement of land, water areas, and related

 8         property interests and resources for the

 9         purpose of implementing the Comprehensive

10         Everglades Restoration Plan; providing

11         procedures and limitations; providing for

12         deposit of funds in the Save Our Everglades

13         Trust Fund; reenacting ss. 373.470(4), (5), and

14         (6) and 373.472(1), F.S.; authorizing the

15         payment of debt service on Everglades

16         restoration bonds from the Save Our Everglades

17         Trust Fund; revising requirements for deposit

18         of state and water management district funds

19         into the Save Our Everglades Trust Fund;

20         reenacting s. 6 of ch. 2002-261, Laws of

21         Florida; providing legislative intent that the

22         issuance of Everglades restoration bonds is in

23         the best interest of the state; providing for

24         construction of the act in pari materia with

25         laws enacted during the Regular Session of the

26         Legislature; providing effective dates.

27  

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

29  

30         Section 1.  Paragraph (a) of subsection (6) of section

31  253.025, Florida Statutes, is amended to read:

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         253.025  Acquisition of state lands for purposes other

 2  than preservation, conservation, and recreation.--

 3         (6)  Prior to negotiations with the parcel owner to

 4  purchase land pursuant to this section, title to which will

 5  vest in the board of trustees, an appraisal of the parcel

 6  shall be required as follows:

 7         (a)  Each parcel to be acquired shall have at least one

 8  appraisal. Two appraisals are required when the estimated

 9  value of the parcel first appraisal exceeds $1 million

10  $500,000. However, when the values of both appraisals exceed

11  $500,000 and differ significantly, a third appraisal may be

12  obtained. When a parcel is estimated to be worth $100,000 or

13  less and the director of the Division of State Lands finds

14  that the cost of obtaining an outside appraisal is not

15  justified, a comparable sales analysis or other reasonably

16  prudent procedures may be used by the division to estimate the

17  value of the parcel, provided the public's interest is

18  reasonably protected. The state is not required to appraise

19  the value of lands and appurtenances that are being donated to

20  the state. an appraisal prepared by the division may be used.

21         Section 2.  Subsections (2), (5), and (6) of section

22  253.034, Florida Statutes, as amended by section 14 of chapter

23  2003-6, Laws of Florida, are amended, subsections (8), (9),

24  (10), and (11) are renumbered as subsections (9), (10), (11),

25  and (12), respectively, and a new subsection (8) is added to

26  that section, to read:

27         253.034  State-owned lands; uses.--

28         (2)  As used in this section, the following phrases

29  have the following meanings:

30         (a)  "Multiple use" means the harmonious and

31  coordinated management of timber, recreation, conservation of

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  fish and wildlife, forage, archaeological and historic sites,

 2  habitat and other biological resources, or water resources so

 3  that they are utilized in the combination that will best serve

 4  the people of the state, making the most judicious use of the

 5  land for some or all of these resources and giving

 6  consideration to the relative values of the various

 7  resources.  Where necessary and appropriate for all

 8  state-owned lands that are larger than 1,000 acres in project

 9  size and are managed for multiple uses, buffers may be formed

10  around any areas that require special protection or have

11  special management needs. Such buffers shall not exceed more

12  than one-half of the total acreage. Multiple uses within a

13  buffer area may be restricted to provide the necessary

14  buffering effect desired.  Multiple use in this context

15  includes both uses of land or resources by more than one

16  management entity, which may include private sector land

17  managers.  In any case, lands identified as multiple-use lands

18  in the land management plan shall be managed to enhance and

19  conserve the lands and resources for the enjoyment of the

20  people of the state.

21         (b)  "Single use" means management for one particular

22  purpose to the exclusion of all other purposes, except that

23  the using entity shall have the option of including in its

24  management program compatible secondary purposes which will

25  not detract from or interfere with the primary management

26  purpose. Such single uses may include, but are not necessarily

27  restricted to, the use of agricultural lands for production of

28  food and livestock, the use of improved sites and grounds for

29  institutional purposes, and the use of lands for parks,

30  preserves, wildlife management, archaeological or historic

31  sites, or wilderness areas where the maintenance of

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  essentially natural conditions is important.  All submerged

 2  lands shall be considered single-use lands and shall be

 3  managed primarily for the maintenance of essentially natural

 4  conditions, the propagation of fish and wildlife, and public

 5  recreation, including hunting and fishing where deemed

 6  appropriate by the managing entity.

 7         (c)  "Conservation lands" means lands that are

 8  currently managed for conservation, outdoor resource-based

 9  recreation, or archaeological or historic preservation, except

10  those lands that were acquired solely to facilitate the

11  acquisition of other conservation lands.  Lands acquired for

12  uses other than conservation, outdoor resource-based

13  recreation, or archaeological or historic preservation shall

14  not be designated conservation lands except as otherwise

15  authorized under this section.  These lands shall include, but

16  not be limited to, the following:  correction and detention

17  facilities, military installations and facilities, state

18  office buildings, maintenance yards, state university or state

19  community college campuses, agricultural field stations or

20  offices, tower sites, law enforcement and license facilities,

21  laboratories, hospitals, clinics, and other sites that possess

22  no significant natural or historical resources.  However,

23  lands acquired solely to facilitate the acquisition of other

24  conservation lands, and for which the land management plan has

25  not yet been completed or updated, may be evaluated by the

26  Board of Trustees of the Internal Improvement Trust Fund on a

27  case-by-case basis to determine if they will be designated

28  conservation lands.

29  

30  Lands acquired by the state as a gift, through donation, or by

31  any other conveyance for which no consideration was paid, and

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  which are not managed for conservation, outdoor resource-based

 2  recreation, or archaeological or historic preservation under a

 3  land management plan approved by the board of trustees are not

 4  conservation lands.

 5         (5)  Each manager of conservation lands shall submit to

 6  the Division of State Lands a land management plan at least

 7  every 10 years in a form and manner prescribed by rule by the

 8  board and in accordance with the provisions of s. 259.032.

 9  Each manager of conservation lands shall also update a land

10  management plan whenever the manager proposes to add new

11  facilities or make substantive land use or management changes

12  that were not addressed in the approved plan, or within 1 year

13  of the addition of significant new lands. Each manager of

14  nonconservation lands shall submit to the Division of State

15  Lands a land use plan at least every 10 years in a form and

16  manner prescribed by rule by the board. The division shall

17  review each plan for compliance with the requirements of this

18  subsection and the requirements of the rules established by

19  the board pursuant to this section. All land use plans,

20  whether for single-use or multiple-use properties, shall

21  include an analysis of the property to determine if any

22  significant natural or cultural resources are located on the

23  property. Such resources include archaeological and historic

24  sites, state and federally listed plant and animal species,

25  and imperiled natural communities and unique natural features.

26  If such resources occur on the property, the manager shall

27  consult with the Division of State Lands and other appropriate

28  agencies to develop management strategies to protect such

29  resources. Land use plans shall also provide for the control

30  of invasive nonnative plants and conservation of soil and

31  water resources, including a description of how the manager

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  plans to control and prevent soil erosion and soil or water

 2  contamination. Land use plans submitted by a manager shall

 3  include reference to appropriate statutory authority for such

 4  use or uses and shall conform to the appropriate policies and

 5  guidelines of the state land management plan. Plans for

 6  managed areas larger than 1,000 acres shall contain an

 7  analysis of the multiple-use potential of the property, which

 8  analysis shall include the potential of the property to

 9  generate revenues to enhance the management of the property.

10  Additionally, the plan shall contain an analysis of the

11  potential use of private land managers to facilitate the

12  restoration or management of these lands. In those cases where

13  a newly acquired property has a valid conservation plan that

14  was developed by a soil and conservation district, such plan

15  shall be used to guide management of the property until a

16  formal land use plan is completed. Each entity managing

17  conservation lands shall submit to the Division of State Lands

18  a land management plan at least every 5 years in a form and

19  manner prescribed by rule by the board. All management plans,

20  whether for single-use or multiple-use properties, shall

21  specifically describe how the managing entity plans to

22  identify, locate, protect and preserve, or otherwise use

23  fragile nonrenewable resources, such as archaeological and

24  historic sites, as well as other fragile resources, including

25  endangered plant and animal species, and provide for the

26  conservation of soil and water resources and for the control

27  and prevention of soil erosion. Land management plans

28  submitted by an entity shall include reference to appropriate

29  statutory authority for such use or uses and shall conform to

30  the appropriate policies and guidelines of the state land

31  management plan. All land management plans for parcels larger

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  than 1,000 acres shall contain an analysis of the multiple-use

 2  potential of the parcel, which analysis shall include the

 3  potential of the parcel to generate revenues to enhance the

 4  management of the parcel. Additionally, the land management

 5  plan shall contain an analysis of the potential use of private

 6  land managers to facilitate the restoration or management of

 7  these lands.  In those cases where a newly acquired property

 8  has a valid conservation plan, the plan shall be used to guide

 9  management of the property until a formal land management plan

10  is completed.

11         (a)  The Division of State Lands shall make available

12  to the public a copy of each land management plan for parcels

13  that exceed 160 acres in size. The council shall review each

14  plan for compliance with the requirements of this subsection,

15  the requirements of chapter 259, and the requirements of the

16  rules established by the board pursuant to this section.  The

17  council shall also consider the propriety of the

18  recommendations of the managing entity with regard to the

19  future use of the property, the protection of fragile or

20  nonrenewable resources, the potential for alternative or

21  multiple uses not recognized by the managing entity, and the

22  possibility of disposal of the property by the board. After

23  its review, the council shall submit the plan, along with its

24  recommendations and comments, to the board. The council shall

25  specifically recommend to the board whether to approve the

26  plan as submitted, approve the plan with modifications, or

27  reject the plan.

28         (b)  The Board of Trustees of the Internal Improvement

29  Trust Fund shall consider the land management plan submitted

30  by each entity and the recommendations of the council and the

31  Division of State Lands and shall approve the plan with or

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  without modification or reject such plan.  The use or

 2  possession of any such lands that is not in accordance with an

 3  approved land management plan is subject to termination by the

 4  board.

 5         (6)  The Board of Trustees of the Internal Improvement

 6  Trust Fund shall determine which lands, the title to which is

 7  vested in the board, may be surplused. For conservation lands,

 8  the board shall make a determination that the lands are no

 9  longer needed for conservation purposes and may dispose of

10  them by an affirmative vote of at least three members. In the

11  case of a land exchange involving the disposition of

12  conservation lands, the board must determine by an affirmative

13  vote of at least three members that the exchange will result

14  in a net positive conservation benefit. For all other lands,

15  the board shall make a determination that the lands are no

16  longer needed and may dispose of them by an affirmative vote

17  of at least three members.

18         (a)  For the purposes of this subsection, all lands

19  acquired by the state prior to July 1, 1999, using proceeds

20  from the Preservation 2000 bonds, the Conservation and

21  Recreation Lands Trust Fund, the Water Management Lands Trust

22  Fund, Environmentally Endangered Lands Program, and the Save

23  Our Coast Program and titled to the board, which lands are

24  identified as core parcels or within original project

25  boundaries, shall be deemed to have been acquired for

26  conservation purposes.

27         (b)  For any lands purchased by the state on or after

28  July 1, 1999, a determination shall be made by the board prior

29  to acquisition as to those parcels that shall be designated as

30  having been acquired for conservation purposes.  No lands

31  acquired for use by the Department of Corrections, the

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  Department of Management Services for use as state offices,

 2  the Department of Transportation, except those specifically

 3  managed for conservation or recreation purposes, or the State

 4  University System or the Florida Community College System

 5  shall be designated as having been purchased for conservation

 6  purposes.

 7         (c)  At least every 10 5 years, as a component of each

 8  land management plan or land use plan and in a form and manner

 9  prescribed by rule by the board, each manager management

10  entity shall evaluate and indicate to the board those lands

11  that the entity manages which are not being used for the

12  purpose for which they were originally leased. For

13  conservation lands, the council shall review and shall

14  recommend to the board whether such lands should be retained

15  in public ownership or disposed of by the board. For

16  nonconservation lands, the division shall review such lands

17  and shall recommend to the board whether such lands should be

18  retained in public ownership or disposed of by the board. Such

19  lands shall be reviewed by the council for its recommendation

20  as to whether such lands should be disposed of by the board.

21         (d)  Lands owned by the board which are not actively

22  managed by any state agency or for which a land management

23  plan has not been completed pursuant to subsection (5) shall

24  be reviewed by the council or its successor for its

25  recommendation as to whether such lands should be disposed of

26  by the board.

27         (e)  Prior to any decision by the board to surplus

28  lands, the Acquisition and Restoration Council shall review

29  and make recommendations to the board concerning the request

30  for surplusing. The council shall determine whether the

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  request for surplusing is compatible with the resource values

 2  of and management objectives for such lands.

 3         (f)  In reviewing lands owned by the board, the council

 4  shall consider whether such lands would be more appropriately

 5  owned or managed by the county or other unit of local

 6  government in which the land is located. The council shall

 7  recommend to the board whether a sale, lease, or other

 8  conveyance to a local government would be in the best

 9  interests of the state and local government. The provisions of

10  this paragraph in no way limit the provisions of ss. 253.111

11  and 253.115. Such lands shall be offered to the state, county,

12  or local government for a period of 30 days. Permittable uses

13  for such surplus lands may include public schools; public

14  libraries; fire or law enforcement substations; and

15  governmental, judicial, or recreational centers.  County or

16  local government requests for surplus lands shall be expedited

17  throughout the surplusing process. If the county or local

18  government does not elect to purchase such lands in accordance

19  with s. 253.111, then any surplusing determination involving

20  other governmental agencies shall be made upon the board

21  deciding the best public use of the lands. Surplus properties

22  in which governmental agencies have expressed no interest

23  shall then be available for sale on the private market.

24         (g)  The sale price of lands determined to be surplus

25  pursuant to this subsection shall be determined by the

26  division and shall take into consideration an appraisal of the

27  property, or, when the estimated value of the land is less

28  than $100,000, a comparable sales analysis or a broker's

29  opinion of value, and sold for appraised value or the price

30  paid by the state or a water management district to originally

31  acquire the lands., whichever is greater, except when the

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  board or its designee determines a different sale price is in

 2  the public interest.  However, for those lands sold as surplus

 3  to any unit of government, the price shall not exceed the

 4  price paid by the state or a water management district to

 5  originally acquire the lands. A unit of government that which

 6  acquires title to lands hereunder for less than appraised

 7  value may not sell or transfer title to all or any portion of

 8  the lands to any private owner for a period of 10 years. Any

 9  unit of government seeking to transfer or sell lands pursuant

10  to this paragraph shall first allow the board of trustees to

11  reacquire such lands for the price at which the board they

12  sold such lands.

13         (h)  Where a unit of government acquired land by gift,

14  donation, grant, quit-claim deed, or other such conveyance

15  where no monetary consideration was exchanged, the price of

16  land sold as surplus may be based on one appraisal. In the

17  event that a single appraisal yields a value equal to or

18  greater than $1 million, a second appraisal is required. The

19  individual or entity requesting the surplus shall select and

20  use appraisers from the list of approved appraisers maintained

21  by the Division of State Lands in accordance with s.

22  253.025(6)(b). The individual or entity requesting the surplus

23  is to incur all costs of the appraisals.

24         (i)  After reviewing the recommendations of the

25  council, the board shall determine whether lands identified

26  for surplus are to be held for other public purposes or

27  whether such lands are no longer needed.  The board may

28  require an agency to release its interest in such lands. For

29  an agency that has requested the use of a property that was to

30  be declared as surplus, said agency must have the property

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  under lease within 6 months of the date of expiration of the

 2  notice provisions required under ss. 253.034(6) and 253.111.

 3         (j)  Requests for surplusing may be made by any public

 4  or private entity or person.  All requests shall be submitted

 5  to the lead managing agency for review and recommendation to

 6  the council or its successor.  Lead managing agencies shall

 7  have 90 days to review such requests and make recommendations.

 8  Any surplusing requests that have not been acted upon within

 9  the 90-day time period shall be immediately scheduled for

10  hearing at the next regularly scheduled meeting of the council

11  or its successor. Requests for surplusing pursuant to this

12  paragraph shall not be required to be offered to local or

13  state governments as provided in paragraph (f).

14         (k)  Proceeds from any sale of surplus lands pursuant

15  to this subsection shall be deposited into the fund from which

16  such lands were acquired. However, if the fund from which the

17  lands were originally acquired no longer exists, such proceeds

18  shall be deposited into an appropriate account to be used for

19  land management by the lead managing agency assigned the lands

20  prior to the lands being declared surplus. Funds received from

21  the sale of surplus nonconservation lands, or lands that were

22  acquired by gift, by donation, or for no consideration, shall

23  be deposited into the Internal Improvement Trust Fund.

24         (l)  Notwithstanding the provisions of this subsection,

25  no such disposition of land shall be made if such disposition

26  would have the effect of causing all or any portion of the

27  interest on any revenue bonds issued to lose the exclusion

28  from gross income for federal income tax purposes.

29         (m)  The sale of filled, formerly submerged land that

30  does not exceed 5 acres in area is not subject to review by

31  the council or its successor.

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         (n)  The board may adopt rules to implement the

 2  provisions of this section, which may include procedures for

 3  administering surplus land requests and criteria for when the

 4  division may approve requests to surplus nonconservation lands

 5  on behalf of the board.

 6         (8)(a)  Notwithstanding other provisions of this

 7  section, the Division of State Lands is directed to prepare a

 8  state inventory of all federal lands and all lands titled in

 9  the name of the state, a state agency, a water management

10  district, or a local government on a county-by-county basis.

11  To facilitate the development of the state inventory, each

12  county shall direct the appropriate county office with

13  authority over the information to provide the division with a

14  county inventory of all lands identified as federal lands and

15  lands titled in the name of the state, a state agency, a water

16  management district, or a local government.

17         (b)  The state inventory must distinguish between lands

18  purchased by the state or a water management district as part

19  of a core parcel or within original project boundaries, as

20  those terms are used to meet the surplus requirements of

21  subsection (6), and lands purchased by the state, a state

22  agency, or a water management district which are not essential

23  or necessary for conservation purposes.

24         (c)  In any county in which more than 50 percent of the

25  lands within the county boundary are federal lands and lands

26  titled in the name of the state, a state agency, a water

27  management district, or a local government, those lands titled

28  in the name of the state or a state agency which are not

29  essential or necessary to meet conservation purposes may, upon

30  request of a public or private entity, be made available for

31  purchase through the state's surplusing process. Rights-of-way

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  for existing, proposed, or anticipated transportation

 2  facilities are exempt from the requirements of this

 3  paragraph.  Priority consideration shall be given to buyers,

 4  public or private, willing to return the property to

 5  productive use so long as the property can be reentered onto

 6  the county ad valorem tax roll. Property acquired with

 7  matching funds from a local government shall not be made

 8  available for purchase without the consent of the local

 9  government.

10         Section 3.  Section 253.0341, Florida Statutes, is

11  created to read:

12         253.0341  Surplus of state-owned lands to counties or

13  local governments.--Counties and local governments may submit

14  surplusing requests for state-owned lands directly to the

15  board of trustees. County or local government requests for the

16  state to surplus conservation or nonconservation lands,

17  whether for purchase or exchange, shall be expedited

18  throughout the surplusing process. Property jointly acquired

19  by the state and other entities shall not be surplused without

20  the consent of all joint owners.

21         (1)  The decision to surplus state-owned

22  nonconservation lands may be made by the board without a

23  review of, or a recommendation on, the request from the

24  Acquisition and Restoration Council or the Division of State

25  Lands. Such requests for nonconservation lands shall be

26  considered by the board within 60 days of the board's receipt

27  of the request.

28         (2)  County or local government requests for the

29  surplusing of state-owned conservation lands are subject to

30  review of and recommendation on the request to the board by

31  the Acquisition and Restoration Council. Requests to surplus

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  conservation lands shall be considered by the board within 120

 2  days of the board's receipt of the request.

 3         Section 4.  Section 253.42, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 253.42, F.S., for present text.)

 7         253.42  Board of trustees may exchange lands.--The

 8  provisions of this section apply to all lands owned by, vested

 9  in, or titled in the name of the board whether the lands were

10  acquired by the state as a purchase, or through gift,

11  donation, or any other conveyance for which no consideration

12  was paid.

13         (1)  The board of trustees may exchange any lands owned

14  by, vested in, or titled in the name of the board for other

15  lands in the state owned by counties, local governments,

16  individuals, or private or public corporations, and may fix

17  the terms and conditions of any such exchange. Any

18  nonconservation lands that were acquired by the state through

19  gift, donation, or any other conveyance for which no

20  consideration was paid must first be offered at no cost to a

21  county or local government unless otherwise provided in a deed

22  restriction of record or other legal impediment, and so long

23  as the use proposed by the county or local government is for a

24  public purpose. For conservation lands acquired by the state

25  through gift, donation, or any other conveyance for which no

26  consideration was paid, the state may request land of equal

27  conservation value from the county or local government but no

28  other consideration.

29         (2)  In exchanging state-owned lands not acquired by

30  the state through gift, donation, or any other conveyance for

31  which no consideration was paid, with counties or local

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  governments, the board shall require an exchange of equal

 2  value. Equal value is defined as the conservation benefit of

 3  the lands being offered for exchange by a county or local

 4  government being equal or greater in conservation benefit than

 5  the state-owned lands. Such exchanges may include cash

 6  transactions if based on an appropriate measure of value of

 7  the state-owned land, but must also include the determination

 8  of a net-positive conservation benefit by the Acquisition and

 9  Restoration Council, irrespective of appraised value.

10         (3)  The board shall select and agree upon the state

11  lands to be exchanged and the lands to be conveyed to the

12  state and shall pay or receive any sum of money deemed

13  necessary by the board for the purpose of equalizing the value

14  of the exchanged property. The board is authorized to make and

15  enter into contracts or agreements for such purpose or

16  purposes.

17         Section 5.  Section 253.7823, Florida Statutes, is

18  amended to read:

19         253.7823  Disposition of surplus lands; compensation of

20  counties located within the Cross Florida Canal Navigation

21  District.--

22         (1)  The department may shall identify parcels of

23  former barge canal lands that which may be sold or exchanged

24  as needed to repay the counties of the Cross Florida Canal

25  Navigation District any sums due them pursuant to s.

26  253.783(2)(e). In identifying said surplus lands, the

27  department shall give priority to consideration to lands

28  situated outside the greenways' boundaries, those lands not

29  having high recreation or conservation values, and those

30  having the greatest assessed valuations. Although the

31  department shall immediately begin to identify the parcels of

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  surplus lands to be sold, the department shall offer the lands

 2  for sale in a manner designed to maximize the amounts received

 3  over a reasonable period of time.

 4         (2)  Disbursements of amounts due the counties shall be

 5  made on a semiannual basis and shall be completed before any

 6  additional lands or easements may be acquired within the

 7  boundaries of the greenways.

 8         (2)(3)  In addition to lands identified for sale to

 9  generate funds for repayment of counties pursuant to s.

10  253.783(2)(e), The department is authorized to sell surplus

11  additional former canal lands if they are determined to be

12  unnecessary to the effective provision of the type of

13  recreational opportunities and conservation activities for

14  which the greenway was greenways were created.

15         (4)  Until repayment to the counties pursuant to s.

16  253.783(2)(e) has been completed, any agency wishing to use

17  former canal lands must pay the full assessed value of said

18  lands.

19         Section 6.  Paragraph (c) of subsection (10) and

20  subsections (12), (13), and (16) of section 259.032, Florida

21  Statutes, are amended to read:

22         259.032  Conservation and Recreation Lands Trust Fund;

23  purpose.--

24         (10)

25         (c)  Once a plan is adopted, the managing agency or

26  entity shall update the plan at least every 10 5 years in a

27  form and manner prescribed by rule of the board of trustees.

28  Such updates, for parcels over 160 acres, shall be developed

29  with input from an advisory group. Such plans may include

30  transfers of leasehold interests to appropriate conservation

31  organizations or governmental entities designated by the Land

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  Acquisition and Management Advisory Council or its successor,

 2  for uses consistent with the purposes of the organizations and

 3  the protection, preservation, conservation, restoration, and

 4  proper management of the lands and their resources. Volunteer

 5  management assistance is encouraged, including, but not

 6  limited to, assistance by youths participating in programs

 7  sponsored by state or local agencies, by volunteers sponsored

 8  by environmental or civic organizations, and by individuals

 9  participating in programs for committed delinquents and

10  adults.

11         (12)(a)  Beginning July 1, 1999, the Legislature shall

12  make available sufficient funds annually from the Conservation

13  and Recreation Lands Trust Fund to the department for payment

14  in lieu of taxes to qualifying counties and local governments

15  as defined in paragraph (b) for all actual tax losses incurred

16  as a result of board of trustees acquisitions for state

17  agencies under the Florida Forever program or the Florida

18  Preservation 2000 program during any year. Reserved funds not

19  used for payments in lieu of taxes in any year shall revert to

20  the fund to be used for land management acquisition in

21  accordance with the provisions of this section.

22         (b)  Payment in lieu of taxes shall be available:

23         1.  To all counties that have a population of 150,000

24  or fewer. Population levels shall be determined pursuant to s.

25  11.031.

26         2.  To all local governments located in eligible

27  counties.

28         3.  To Glades County, where a privately owned and

29  operated prison leased to the state has recently been opened

30  and where privately owned and operated juvenile justice

31  facilities leased to the state have recently been constructed

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  and opened, a payment in lieu of taxes, in an amount that

 2  offsets the loss of property tax revenue, which funds have

 3  already been appropriated and allocated from the Department of

 4  Correction's budget for the purpose of reimbursing amounts

 5  equal to lost ad valorem taxes.

 6  

 7  Counties and local governments that did not receive payments

 8  in lieu of taxes for lands purchased pursuant to s. 259.101

 9  during fiscal year 1999-2000, if such counties and local

10  governments would have received payments pursuant to this

11  subsection as that section existed on June 30, 1999, shall

12  receive retroactive payments for such tax losses.

13         (c)  If insufficient funds are available in any year to

14  make full payments to all qualifying counties and local

15  governments, such counties and local governments shall receive

16  a pro rata share of the moneys available.

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

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

19  preceding acquisition. Applications for payment in lieu of

20  taxes shall be made no later than January 31 of the year

21  following acquisition. No payment in lieu of taxes shall be

22  made for properties which were exempt from ad valorem taxation

23  for the year immediately preceding acquisition.

24         (e)  If property which was subject to ad valorem

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

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

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

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

29  its being removed from the tax rolls. The department shall

30  certify to the Department of Revenue those properties that may

31  be eligible under this provision. Once eligibility has been

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  established, that county or local government shall receive 10

 2  consecutive annual payments for each tax loss, and no further

 3  eligibility determination shall be made during that period.

 4         (f)(e)  Payment in lieu of taxes pursuant to this

 5  subsection shall be made annually to qualifying counties and

 6  local governments after certification by the Department of

 7  Revenue that the amounts applied for are reasonably

 8  appropriate, based on the amount of actual taxes paid on the

 9  eligible property. With the assistance of the local government

10  requesting payment in lieu of taxes, the state agency that

11  acquired the land is responsible for preparing and submitting

12  application requests for payment to the Department of Revenue

13  for certification, and after the Department of Environmental

14  Protection has provided supporting documents to the

15  Comptroller and has requested that payment be made in

16  accordance with the requirements of this section.

17         (g)(f)  If the board of trustees conveys to a local

18  government title to any land owned by the board, any payments

19  in lieu of taxes on the land made to the local government

20  shall be discontinued as of the date of the conveyance.

21  

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

23  includes municipalities, the county school board, mosquito

24  control districts, and any other local government entity which

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

26  management district.

27         (13)  Moneys credited to the fund each year which are

28  not used for management, maintenance, or capital improvements

29  pursuant to subsection (11); for payment in lieu of taxes

30  pursuant to subsection (12); or for the purposes of subsection

31  

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  (5), shall be available for the acquisition of land pursuant

 2  to this section.

 3         (16)  Notwithstanding other provisions of law relating

 4  to the purpose of the Conservation and Recreation Lands Trust

 5  Fund, and for the 2002-2003 fiscal year only, the purposes of

 6  the trust fund shall include funding issues provided in the

 7  General Appropriations Act. This subsection expires July 1,

 8  2003.

 9         Section 7.  Section 259.0322, Florida Statutes, is

10  amended to read:

11         259.0322  Reinstitution of payments in lieu of taxes;

12  duration.--If the Department of Environmental Protection or a

13  water management district has made a payment in lieu of taxes

14  to a governmental entity and subsequently suspended such

15  payment, the department or water management district shall

16  reinstitute appropriate payments and continue the payments in

17  consecutive years until the governmental entity has received a

18  total of 10 payments for each tax loss.

19         Section 8.  Subsection (2) of section 259.036, Florida

20  Statutes, is amended to read:

21         259.036  Management review teams.--

22         (2)  The land management review team shall review

23  select management areas parcels of managed land prior to the

24  date the manager managing agency is required to submit a

25  10-year its 5-year land management plan update. For management

26  areas that exceed 1,000 acres in size, the Division of State

27  Lands shall schedule a land management review at least every 5

28  years. A copy of the review shall be provided to the manager

29  managing agency, the Division of State Lands, and the

30  Acquisition and Restoration Council Land Acquisition and

31  Management Advisory Council or its successor.  The manager

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  managing agency shall consider the findings and

 2  recommendations of the land management review team in

 3  finalizing the required 10-year 5-year update of its

 4  management plan.

 5         Section 9.  Subsection (1) of section 259.041, Florida

 6  Statutes, as amended by chapter 2003-6, Laws of Florida, is

 7  amended to read:

 8         259.041  Acquisition of state-owned lands for

 9  preservation, conservation, and recreation purposes.--

10         (1)  Neither the Board of Trustees of the Internal

11  Improvement Trust Fund nor its duly authorized agent shall

12  commit the state, through any instrument of negotiated

13  contract or agreement for purchase, to the purchase of lands

14  with or without appurtenances unless the provisions of this

15  section have been fully complied with. Except for the

16  requirements of subsections (3), (14), and (15), the board of

17  trustees may waive any requirements of this section, may waive

18  any rules adopted pursuant to this section, notwithstanding

19  chapter 120, However, the board of trustees may waive any

20  requirement of this section, except the requirements of

21  subsections (3), (14), and (15); or, notwithstanding chapter

22  120, may waive any rules adopted pursuant to this section,

23  except rules adopted pursuant to subsections (3),(14), and

24  (15); or may substitute other reasonably prudent procedures,

25  provided the public's interest is reasonably protected. The

26  title to lands acquired pursuant to this section shall vest in

27  the board of trustees as provided in s. 253.03(1), unless

28  otherwise provided by law, and. all such titled lands, title

29  to which is vested in the board of trustees pursuant to this

30  section, shall be administered pursuant to the provisions of

31  s. 253.03.

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         Section 10.  Present subsection (5) of section 373.089,

 2  Florida Statutes, is renumbered as subsection (6), and a new

 3  subsection (5) is added to that section, to read:

 4         373.089  Sale or exchange of lands, or interests or

 5  rights in lands.--The governing board of the district may sell

 6  lands, or interests or rights in lands, to which the district

 7  has acquired title or to which it may hereafter acquire title

 8  in the following manner:

 9         (5)  In any county in which more than 50 percent of the

10  lands within the county boundary are federal lands and lands

11  titled in the name of the state, a state agency, a water

12  management district, or a local government, those lands titled

13  in the name of a water management district which are not

14  essential or necessary to meet conservation purposes may, upon

15  request of a public or private entity, be made available for

16  purchase through the surplusing process in this

17  section.  Priority consideration must be given to buyers,

18  public or private, who are willing to return the property to

19  productive use so long as the property can be reentered onto

20  the county ad valorem tax roll.  Property acquired with

21  matching funds from a local government shall not be made

22  available for purchase without the consent of the local

23  government.

24         Section 11.  Subsection (3) of section 373.139, Florida

25  Statutes, is amended to read:

26         373.139  Acquisition of real property.--

27         (3)  The initial 5-year work plan and any subsequent

28  modifications or additions thereto shall be adopted by each

29  water management district after a public hearing. Each water

30  management district shall provide at least 14 days' advance

31  notice of the hearing date and shall separately notify each

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  county commission within which a proposed work plan project or

 2  project modification or addition is located of the hearing

 3  date.

 4         (a)  Appraisal reports, offers, and counteroffers are

 5  confidential and exempt from the provisions of s. 119.07(1)

 6  until an option contract is executed or, if no option contract

 7  is executed, until 30 days before a contract or agreement for

 8  purchase is considered for approval by the governing board.

 9  However, each district may, at its discretion, disclose

10  appraisal reports to private landowners during negotiations

11  for acquisitions using alternatives to fee simple techniques,

12  if the district determines that disclosure of such reports

13  will bring the proposed acquisition to closure. In the event

14  that negotiation is terminated by the district, the title

15  information, appraisal report, offers, and counteroffers shall

16  become available pursuant to s. 119.07(1). Notwithstanding the

17  provisions of this section and s. 259.041, a district and the

18  Division of State Lands may share and disclose title

19  information, appraisal reports, appraisal information, offers,

20  and counteroffers when joint acquisition of property is

21  contemplated. A district and the Division of State Lands shall

22  maintain the confidentiality of such title information,

23  appraisal reports, appraisal information, offers, and

24  counteroffers in conformance with this section and s. 259.041,

25  except in those cases in which a district and the division

26  have exercised discretion to disclose such information. A

27  district may disclose appraisal information, offers, and

28  counteroffers to a third party who has entered into a

29  contractual agreement with the district to work with or on the

30  behalf of or to assist the district in connection with land

31  acquisitions. The third party shall maintain the

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  confidentiality of such information in conformance with this

 2  section. In addition, a district may use, as its own,

 3  appraisals obtained by a third party provided the appraiser is

 4  selected from the district's list of approved appraisers and

 5  the appraisal is reviewed and approved by the district.

 6         (b)  The Secretary of Environmental Protection shall

 7  release moneys from the appropriate account or trust fund to a

 8  district for preacquisition costs within 30 days after receipt

 9  of a resolution adopted by the district's governing board

10  which identifies and justifies any such preacquisition costs

11  necessary for the purchase of any lands listed in the

12  district's 5-year work plan. The district shall return to the

13  department any funds not used for the purposes stated in the

14  resolution, and the department shall deposit the unused funds

15  into the appropriate account or trust fund.

16         (c)  The Secretary of Environmental Protection shall

17  release acquisition moneys from the appropriate account or

18  trust fund to a district following receipt of a resolution

19  adopted by the governing board identifying the lands being

20  acquired and certifying that such acquisition is consistent

21  with the 5-year work plan of acquisition and other provisions

22  of this section. The governing board also shall provide to the

23  Secretary of Environmental Protection a copy of all certified

24  appraisals used to determine the value of the land to be

25  purchased.  Each parcel to be acquired must have at least one

26  appraisal.  Two appraisals are required when the estimated

27  value of the parcel exceeds $1 million $500,000.  However,

28  when both appraisals exceed $1 million $500,000 and differ

29  significantly, a third appraisal may be obtained.  If the

30  purchase price is greater than the appraisal price, the

31  governing board shall submit written justification for the

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  increased price.  The Secretary of Environmental Protection

 2  may withhold moneys for any purchase that is not consistent

 3  with the 5-year plan or the intent of this section or that is

 4  in excess of appraised value.  The governing board may appeal

 5  any denial to the Land and Water Adjudicatory Commission

 6  pursuant to s. 373.114.

 7         Section 12.  Subsection (10) of section 373.59, Florida

 8  Statutes, as amended by chapter 2003-2, Laws of Florida, is

 9  amended to read:

10         373.59  Water Management Lands Trust Fund.--

11         (10)(a)  Beginning July 1, 1999, not more than

12  one-fourth of the land management funds provided for in

13  subsections (1) and (8) in any year shall be reserved annually

14  by a governing board, during the development of its annual

15  operating budget, for payments in lieu of taxes for all actual

16  tax losses incurred as a result of governing board

17  acquisitions for water management districts pursuant to ss.

18  259.101, 259.105, 373.470, and this section during any year.

19  Reserved funds not used for payments in lieu of taxes in any

20  year shall revert to the Water Management Lands Trust Fund to

21  be used in accordance with the provisions of this section.

22         (b)  Payment in lieu of taxes shall be available:

23         1.  To all counties that have a population of 150,000

24  or fewer. Population levels shall be determined pursuant to s.

25  11.031.

26         2.  To all local governments located in eligible

27  counties and whose lands are bought and taken off the tax

28  rolls.

29  

30  For properties acquired after January 1, 2000, in the event

31  that such properties otherwise eligible for payment in lieu of

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  taxes under this subsection are leased or reserved and remain

 2  subject to ad valorem taxes, payments in lieu of taxes shall

 3  commence or recommence upon the expiration or termination of

 4  the lease or reservation, but in no event shall there be more

 5  than a total of 10 ten annual payments in lieu of taxes for

 6  each tax loss. If the lease is terminated for only a portion

 7  of the lands at any time, the 10 ten annual payments shall be

 8  made for that portion only commencing the year after such

 9  termination, without limiting the requirement that 10 ten

10  annual payments shall be made on the remaining portion or

11  portions of the land as the lease on each expires. For the

12  purposes of this subsection, "local government" includes

13  municipalities, the county school board, mosquito control

14  districts, and any other local government entity which levies

15  ad valorem taxes.

16         (c)  If sufficient funds are unavailable in any year to

17  make full payments to all qualifying counties and local

18  governments, such counties and local governments shall receive

19  a pro rata share of the moneys available.

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

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

22  preceding acquisition. Applications for payment in lieu of

23  taxes shall be made no later than January 31 of the year

24  following acquisition. No payment in lieu of taxes shall be

25  made for properties which were exempt from ad valorem taxation

26  for the year immediately preceding acquisition.

27         (e)  If property that was subject to ad valorem

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

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

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

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

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




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

 2  districts shall certify to the Department of Revenue those

 3  properties that may be eligible under this provision. Once

 4  eligibility has been established, that governmental entity

 5  shall receive 10 consecutive annual payments for each tax

 6  loss, and no further eligibility determination shall be made

 7  during that period.

 8         (f)(e)  Payment in lieu of taxes pursuant to this

 9  subsection shall be made annually to qualifying counties and

10  local governments after certification by the Department of

11  Revenue that the amounts applied for are reasonably

12  appropriate, based on the amount of actual taxes paid on the

13  eligible property, and after the water management districts

14  have provided supporting documents to the Comptroller and have

15  requested that payment be made in accordance with the

16  requirements of this section. With the assistance of the local

17  government requesting payment in lieu of taxes, the water

18  management district that acquired the land is responsible for

19  preparing and submitting application requests for payment to

20  the Department of Revenue for certification.

21         (g)(f)  If a water management district conveys to a

22  county or local government title to any land owned by the

23  district, any payments in lieu of taxes on the land made to

24  the county or local government shall be discontinued as of the

25  date of the conveyance.

26         (g)  The districts may make retroactive payments to

27  counties and local governments that did not receive payments

28  in lieu of taxes for lands purchased under s. 259.101 and this

29  section during fiscal year 1999-2000 if the counties and local

30  governments would have received those payments under ss.

31  259.032(12) and 373.59(14).

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         Section 13.  Section 373.5905, Florida Statutes, is

 2  amended to read:

 3         373.5905  Reinstitution of payments in lieu of taxes;

 4  duration.--If the Department of Environmental Protection or a

 5  water management district has made a payment in lieu of taxes

 6  to a governmental entity and subsequently suspended such

 7  payment, the department or water management district shall

 8  reinstitute appropriate payments and continue the payments in

 9  consecutive years until the governmental entity has received a

10  total of 10 payments for each tax loss.

11         Section 14.  Subsection (2) of section 260.016, Florida

12  Statutes, is amended to read:

13         260.016  General powers of the department.--

14         (2)  The department shall:

15         (a)  Evaluate lands for the acquisition of greenways

16  and trails and compile a list of suitable corridors,

17  greenways, and trails, ranking them in order of priority for

18  proposed acquisition.  The department shall devise a method of

19  evaluation which includes, but is not limited to, the

20  consideration of:

21         1.  the importance and function of such corridors

22  within the statewide system.

23         2.  Potential for local sharing in the acquisition,

24  development, operation, or maintenance of greenway and trail

25  corridors.

26         3.  Costs of acquisition, development, operation, and

27  maintenance.

28         (b)  Maintain an updated list of abandoned and

29  to-be-abandoned railroad rights-of-way.

30         (c)  Provide information to public and private agencies

31  and organizations on abandoned rail corridors which are or

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  will be available for acquisition from the railroads or for

 2  lease for interim recreational use from the Department of

 3  Transportation.

 4         (d)  Develop and implement a process for designation of

 5  lands and waterways as a part of the statewide system of

 6  greenways and trails, which shall include:

 7         1.  Development and dissemination of criteria for

 8  designation.

 9         2.  Development and dissemination of criteria for

10  changes in the terms or conditions of designation, including

11  withdrawal or termination of designation. A landowner may have

12  his or her lands removed from designation by providing the

13  department with a written request that contains an adequate

14  description of such lands to be removed. Provisions shall be

15  made in the designation agreement for disposition of any

16  future improvements made to the land by the department.

17         3.  Compilation of available information on and field

18  verification of the characteristics of the lands and waterways

19  as they relate to the developed criteria.

20         3.4.  Public notice pursuant to s. 120.525 in all

21  phases of the process.

22         5.  Actual notice to the landowner by certified mail at

23  least 7 days before any public meeting regarding the

24  department's intent to designate.

25         4.6.  Written authorization from the landowner in the

26  form of a lease or other instrument for the designation and

27  granting of public access, if appropriate, to a landowner's

28  property.

29         5.7.  Development of A greenway or trail use plan as a

30  part of the designation agreement which shall. In any

31  particular segment of a greenway or trail, the plan components

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  must be compatible with connecting segments and, at a minimum,

 2  describe the types and intensities of uses of the property.

 3         (e)  Implement the plan for the Florida Greenways and

 4  Trails System as adopted by the Florida Greenways Coordinating

 5  Council on September 11, 1998.

 6         Section 15.  In an exchange of lands contemplated

 7  between the Board of Trustees of the Internal Improvement

 8  Trust Fund and a local government for donated state lands no

 9  longer needed for conservation purposes, lands proposed for

10  exchange by the state and the local government shall be

11  considered of equal value and no further consideration shall

12  be required, provided that the donated land being offered for

13  exchange by the state is not greater than 200 acres, and

14  provided that the local government has been negotiating the

15  exchange of lands with the Division of State Lands of the

16  Department of Environmental Protection for a period of not

17  less than 1 year. Notwithstanding the exchange and surplusing

18  requirements of chapters 253 and 259, Florida Statutes, and

19  the notice requirements of chapter 270, Florida Statutes, the

20  board of trustees shall exchange lands with a local government

21  under these provisions no later than August 31, 2003. Lands

22  conveyed to a local government under these provisions must be

23  used for a public purpose. Deeds of conveyance conveyed to a

24  local government under these provisions shall contain a

25  reverter clause that automatically reverts title to the board

26  of trustees if the local government fails to use the property

27  for a public purpose.

28         Section 16.  Effective upon becoming law and

29  notwithstanding the exchange and surplusing requirements of

30  chapters 253 and 259, Florida Statutes, and the notice

31  requirements of chapter 270, Florida Statutes, in an exchange

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  of lands contemplated between the Board of Trustees of the

 2  Internal Improvement Trust Fund and a private entity for

 3  formerly submerged sovereignty lands, heretofore known as the

 4  "Chapman Exchange," the board shall exchange lands with the

 5  private entity under these provisions no later than July 1,

 6  2003. This exchange satisfies the constitutional public

 7  interest test for the following reasons:

 8         1.  The land to be exchanged by the state is not

 9  greater than 200 acres, is within a rural county of critical

10  economic concern, and is adjacent to lands previously sold by

11  the state to private interests.

12         2.  The land to be exchanged is currently off the tax

13  rolls of the county, which is at the 10 mill constitutional

14  cap.

15         3.  The private entity has been negotiating an exchange

16  with the Division of State Lands for a period of not less than

17  one year, has acquired lands within the division's project

18  areas for conservation land acquisition, and owns land

19  adjacent to the subject state parcel.

20         4.  The exchange shall be of equal monetary value. The

21  private entity shall provide any difference in appraised value

22  at the time of closing in cash or the equivalent.

23         Section 17.  Sections 253.84 and 259.0345, Florida

24  Statutes, are repealed.

25         Section 18.  Paragraph (a) of subsection (2), paragraph

26  (e) of subsection (4), and subsections (3) and (10) of section

27  373.4592, Florida Statutes, as amended by section 1 of chapter

28  2003-12, Laws of Florida, are amended to read:

29         373.4592  Everglades improvement and management.--

30         (2)  DEFINITIONS.--As used in this section:

31  

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         (a)  "Best available phosphorus reduction technology"

 2  or "BAPRT" means a combination of BMPs and STAs which includes

 3  a continuing research and monitoring program to reduce outflow

 4  concentrations of phosphorus so as to achieve the phosphorus

 5  criterion in the Everglades Protection Area at the earliest

 6  practicable date.

 7         (3)  EVERGLADES LONG-TERM PLAN.--

 8         (a)  The Legislature finds that the Everglades Program

 9  required by this section establishes more extensive and

10  comprehensive requirements for surface water improvement and

11  management within the Everglades than the SWIM plan

12  requirements provided in ss. 373.451-373.456. In order to

13  avoid duplicative requirements, and in order to conserve the

14  resources available to the district, the SWIM plan

15  requirements of those sections shall not apply to the

16  Everglades Protection Area and the EAA during the term of the

17  Everglades Program, and the district will neither propose, nor

18  take final agency action on, any Everglades SWIM plan for

19  those areas until the Everglades Program is fully implemented.

20  Funds under s. 259.101(3)(b) may be used for acquisition of

21  lands necessary to implement the Everglades Construction

22  Project, to the extent these funds are identified in the

23  Statement of Principles of July 1993. The district's actions

24  in implementing the Everglades Construction Project relating

25  to the responsibilities of the EAA and C-139 Basin for funding

26  and water quality compliance in the EAA and the Everglades

27  Protection Area shall be governed by this section. Other

28  strategies or activities in the March 1992 Everglades SWIM

29  plan may be implemented if otherwise authorized by law.

30         (b)  The Legislature finds that the most reliable means

31  of optimizing the performance of STAs and achieving reasonable

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  further progress in reducing phosphorus entering the

 2  Everglades Protection Area is to utilize a long-term planning

 3  process. The Legislature finds that the Long-Term Plan

 4  provides the best available phosphorus reduction technology

 5  based upon a combination of the BMPs and STAs described in the

 6  Plan provided that the Plan shall seek to achieve the

 7  phosphorus criterion in the Everglades Protection Area. The

 8  pre-2006 projects identified in the Long-Term Plan shall be

 9  implemented by the district without delay, and revised with

10  the Long-Term Plan will be implemented and revised with the

11  planning goal and objective of achieving the phosphorus

12  criterion to be adopted pursuant to subparagraph (4)(e)2. in

13  the Everglades Protection Area, and not based on any planning

14  goal or objective in the Plan that is inconsistent with this

15  section. Revisions to the Long-Term Plan shall be incorporated

16  through an adaptive management approach including a process

17  development and engineering component to identify and

18  implement incremental optimization measures for further

19  phosphorus reductions. Revisions to the Long-Term Plan shall

20  be approved by the department. In addition, the department may

21  propose changes to the Long-Term Plan as science and

22  environmental conditions warrant.

23         (c)  It is the intent of the Legislature that

24  implementation of the Long-Term Plan shall be integrated and

25  consistent with the implementation of the projects and

26  activities in the Congressionally authorized components of the

27  CERP so that unnecessary and duplicative costs will be

28  avoided. Nothing in this section shall modify any existing

29  cost share or responsibility provided for projects listed in

30  s. 528 of the Water Resources Development Act of 1996 (110

31  Stat. 3769) or provided for projects listed in section 601 of

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  the Water Resources Development Act of 2000 (114 Stat. 2572).

 2  The Legislature does not intend for the provisions of this

 3  section to diminish commitments made by the State of Florida

 4  to restore and maintain water quality in the Everglades

 5  Protection Area, including the federal lands in the settlement

 6  agreement referenced in paragraph (4)(e).

 7         (d)  The Legislature recognizes that the Long-Term Plan

 8  contains an initial phase and a 10-year second phase. The

 9  Legislature intends that a review of this act at least 10

10  years after implementation of the initial phase is appropriate

11  and necessary to the public interest. The review is the best

12  way to ensure that the Everglades Protection Area is achieving

13  state water quality standards, including phosphorus reduction,

14  and the Long-Term Plan is discharges to the Everglades

15  Protection Area are achieving state water quality standards,

16  including phosphorus reduction, to the maximum extent

17  practicable, and are using the best technology available. A

18  10-year second phase of the Long-Term Plan must be approved by

19  the Legislature and codified in this act prior to

20  implementation of projects, but not prior to development,

21  review, and approval of projects by the department.

22         (e)  The Long-Term Plan shall be implemented for an

23  initial 13-year phase (2003-2016) and shall, to the maximum

24  extent practicable, achieve water quality standards relating

25  to the phosphorus criterion in the Everglades Protection Area

26  as determined by a network of monitoring stations established

27  for this purpose. Not later than December 31, 2008, and each 5

28  years thereafter, the department shall review and approve

29  incremental phosphorus reduction measures to be implemented at

30  the earliest practicable date.

31         (4)  EVERGLADES PROGRAM.--

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         (e)  Evaluation of water quality standards.--

 2         1.  The department and the district shall employ all

 3  means practicable to complete by December 31, 1998, any

 4  additional research necessary to:

 5         a.  Numerically interpret for phosphorus the Class III

 6  narrative nutrient criterion necessary to meet water quality

 7  standards in the Everglades Protection Area; and

 8         b.  Evaluate existing water quality standards

 9  applicable to the Everglades Protection Area and EAA canals.

10         2.  In no case shall such phosphorus criterion allow

11  waters in the Everglades Protection Area to be altered so as

12  to cause an imbalance in the natural populations of aquatic

13  flora or fauna. The phosphorus criterion shall be 10 parts per

14  billion (ppb) in the Everglades Protection Area in the event

15  the department does not adopt by rule such criterion by

16  December 31, 2003. However, in the event the department fails

17  to adopt a phosphorus criterion on or before December 31,

18  2002, any person whose substantial interests would be affected

19  by the rulemaking shall have the right, on or before February

20  28, 2003, to petition for a writ of mandamus to compel the

21  department to adopt by rule such criterion. Venue for the

22  mandamus action must be Leon County. The court may stay

23  implementation of the 10 parts per billion (ppb) criterion

24  during the pendency of the mandamus proceeding upon a

25  demonstration by the petitioner of irreparable harm in the

26  absence of such relief. The department's phosphorus criterion,

27  whenever adopted, shall supersede the 10 parts per billion

28  (ppb) criterion otherwise established by this section, but

29  shall not be lower than the natural conditions of the

30  Everglades Protection Area and shall take into account spatial

31  and temporal variability. The department's rule adopting a

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  phosphorus criterion may include moderating provisions during

 2  the implementation of the initial phase of the Long-Term Plan

 3  authorizing discharges based upon BAPRT providing net

 4  improvement to impacted areas. Discharges to unimpacted areas

 5  may also be authorized by moderating provisions, which shall

 6  require BAPRT, and which must be based upon a determination by

 7  the department that the environmental benefits of the

 8  discharge clearly outweigh potential adverse impacts and

 9  otherwise comply with antidegradation requirements. Moderating

10  provisions authorized by this section shall not extend beyond

11  December 2016 unless further authorized by the Legislature

12  pursuant to paragraph (3)(d).

13         3.  The department shall use the best available

14  information to define relationships between waters discharged

15  to, and the resulting water quality in, the Everglades

16  Protection Area. The department or the district shall use

17  these relationships to establish discharge limits in permits

18  for discharges into the EAA canals and the Everglades

19  Protection Area necessary to prevent an imbalance in the

20  natural populations of aquatic flora or fauna in the

21  Everglades Protection Area, and to provide a net improvement

22  in the areas already impacted. During the implementation of

23  the initial phase of the Long-Term Plan, permits issued by the

24  department shall be based on BAPRT, and shall include

25  technology-based effluent limitations consistent with the

26  Long-Term Plan. Compliance with the phosphorus criterion shall

27  be based upon a long-term geometric mean of concentration

28  levels to be measured at sampling stations recognized from the

29  research to be reasonably representative of receiving waters

30  in the Everglades Protection Area, and so located so as to

31  assure that the Everglades Protection Area is not altered so

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  as to cause an imbalance in natural populations of aquatic

 2  flora and fauna and to assure a net improvement in the areas

 3  already impacted. For the Everglades National Park and the

 4  Arthur R. Marshall Loxahatchee National Wildlife Refuge, the

 5  method for measuring compliance with the phosphorus criterion

 6  shall be in a manner consistent with Appendices A and B,

 7  respectively, of the settlement agreement dated July 26, 1991,

 8  entered in case No. 88-1886-Civ-Hoeveler, United States

 9  District Court for the Southern District of Florida, that

10  recognizes and provides for incorporation of relevant

11  research.

12         4.  The department's evaluation of any other water

13  quality standards must include the department's

14  antidegradation standards and EAA canal classifications. In

15  recognition of the special nature of the conveyance canals of

16  the EAA, as a component of the classification process, the

17  department is directed to formally recognize by rulemaking

18  existing actual beneficial uses of the conveyance canals in

19  the EAA. This shall include recognition of the Class III

20  designated uses of recreation, propagation and maintenance of

21  a healthy, well-balanced population of fish and wildlife, the

22  integrated water management purposes for which the Central and

23  Southern Florida Flood Control Project was constructed, flood

24  control, conveyance of water to and from Lake Okeechobee for

25  urban and agricultural water supply, Everglades hydroperiod

26  restoration, conveyance of water to the STAs, and navigation.

27         (10)  LONG-TERM COMPLIANCE PERMITS.--By December 31,

28  2006, the department and the district shall take such action

29  as may be necessary to implement the pre-2006 projects and

30  strategies of the Long-Term Plan so that water delivered to

31  the Everglades Protection Area achieves in all parts of the

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  Everglades Protection Area state water quality standards,

 2  including the phosphorus criterion and moderating provisions.

 3         (a)  By December 31, 2003, the district shall submit to

 4  the department an application for permit modification to

 5  incorporate proposed changes to the Everglades Construction

 6  Project and other district works delivering water to the

 7  Everglades Protection Area as needed to implement the pre-2006

 8  projects and strategies of the Long-Term Plan in all permits

 9  issued by the department, including the permits issued

10  pursuant to subsection (9). These changes shall be designed to

11  achieve state water quality standards, including the

12  phosphorus criterion and moderating provisions, to the maximum

13  extent practicable. Under no circumstances shall the project

14  or strategy cause or contribute to violation of state water

15  quality standards. During the implementation of the initial

16  phase of the Long-Term Plan, permits issued by the department

17  shall be based on BAPRT, and shall include technology-based

18  effluent limitations consistent with the Long-Term Plan, as

19  provided in subparagraph (4)(e)3.

20         (b)  If the Everglades Construction Project or other

21  discharges to the Everglades Protection Area are in compliance

22  with state water quality standards, including the phosphorus

23  criterion, the permit application shall include:

24         1.  A plan for maintaining compliance with the

25  phosphorus criterion in the Everglades Protection Area.

26         2.  A plan for maintaining compliance in the Everglades

27  Protection Area with state water quality standards other than

28  the phosphorus criterion.

29         Section 19.  Paragraph (a) of subsection (2), and

30  subsections (1), (11), and (12) of section 201.15, Florida

31  Statutes, are reenacted to read:

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         201.15  Distribution of taxes collected.--All taxes

 2  collected under this chapter shall be distributed as follows

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

 4  215.20(1), except that such service charge shall not be levied

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

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

 7  required to pay any amounts relating to the bonds:

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

 9  the remaining taxes collected under this chapter shall be used

10  for the following purposes:

11         (a)  Amounts as shall be necessary to pay the debt

12  service on, or fund debt service reserve funds, rebate

13  obligations, or other amounts payable with respect to

14  Preservation 2000 bonds issued pursuant to s. 375.051 and

15  Florida Forever bonds issued pursuant to s. 215.618, shall be

16  paid into the State Treasury to the credit of the Land

17  Acquisition Trust Fund to be used for such purposes. The

18  amount transferred to the Land Acquisition Trust Fund for such

19  purposes shall not exceed $300 million in fiscal year

20  1999-2000 and thereafter for Preservation 2000 bonds and bonds

21  issued to refund Preservation 2000 bonds, and $300 million in

22  fiscal year 2000-2001 and thereafter for Florida Forever

23  bonds. The annual amount transferred to the Land Acquisition

24  Trust Fund for Florida Forever bonds shall not exceed $30

25  million in the first fiscal year in which bonds are issued.

26  The limitation on the amount transferred shall be increased by

27  an additional $30 million in each subsequent fiscal year, but

28  shall not exceed a total of $300 million in any fiscal year

29  for all bonds issued. It is the intent of the Legislature that

30  all bonds issued to fund the Florida Forever Act be retired by

31  December 31, 2030. Except for bonds issued to refund

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  previously issued bonds, no series of bonds may be issued

 2  pursuant to this paragraph unless such bonds are approved and

 3  the debt service for the remainder of the fiscal year in which

 4  the bonds are issued is specifically appropriated in the

 5  General Appropriations Act. For purposes of refunding

 6  Preservation 2000 bonds, amounts designated within this

 7  section for Preservation 2000 and Florida Forever bonds may be

 8  transferred between the two programs to the extent provided

 9  for in the documents authorizing the issuance of the bonds.

10  The Preservation 2000 bonds and Florida Forever bonds shall be

11  equally and ratably secured by moneys distributable to the

12  Land Acquisition Trust Fund pursuant to this section, except

13  to the extent specifically provided otherwise by the documents

14  authorizing the issuance of the bonds. No moneys transferred

15  to the Land Acquisition Trust Fund pursuant to this paragraph,

16  or earnings thereon, shall be used or made available to pay

17  debt service on the Save Our Coast revenue bonds.

18         (b)  The remainder of the moneys distributed under this

19  subsection, after the required payment under paragraph (a),

20  shall be paid into the State Treasury to the credit of the

21  Save Our Everglades Trust Fund in amounts necessary to pay

22  debt service, provide reserves, and pay rebate obligations and

23  other amounts due with respect to bonds issued under s.

24  215.619.

25         (c)  The remainder of the moneys distributed under this

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

27  and (b), shall be paid into the State Treasury to the credit

28  of the Land Acquisition Trust Fund and may be used for any

29  purpose for which funds deposited in the Land Acquisition

30  Trust Fund may lawfully be used. Payments made under this

31  paragraph shall continue until the cumulative amount credited

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  to the Land Acquisition Trust Fund for the fiscal year under

 2  this paragraph and paragraph (2)(b) equals 70 percent of the

 3  current official forecast for distributions of taxes collected

 4  under this chapter pursuant to subsection (2). As used in this

 5  paragraph, the term "current official forecast" means the most

 6  recent forecast as determined by the Revenue Estimating

 7  Conference. If the current official forecast for a fiscal year

 8  changes after payments under this paragraph have ended during

 9  that fiscal year, no further payments are required under this

10  paragraph during the fiscal year.

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

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

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

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

15  expended for the purposes for which the General Revenue Fund

16  was created and exists by law or to the Ecosystem Management

17  and Restoration Trust Fund or to the Marine Resources

18  Conservation Trust Fund as provided in subsection (11).

19         (2)  Seven and fifty-six hundredths percent of the

20  remaining taxes collected under this chapter shall be used for

21  the following purposes:

22         (a)  Beginning in the month following the final payment

23  for a fiscal year under paragraph (1)(c), available moneys

24  shall be paid into the State Treasury to the credit of the

25  General Revenue Fund of the state to be used and expended for

26  the purposes for which the General Revenue Fund was created

27  and exists by law or to the Ecosystem Management and

28  Restoration Trust Fund or to the Marine Resources Conservation

29  Trust Fund as provided in subsection (11). Payments made under

30  this paragraph shall continue until the cumulative amount

31  credited to the General Revenue Fund for the fiscal year under

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  this paragraph equals the cumulative payments made under

 2  paragraph (1)(c) for the same fiscal year.

 3         (11)  From the moneys specified in paragraphs (1)(d)

 4  and (2)(a) and prior to deposit of any moneys into the General

 5  Revenue Fund, $30 million shall be paid into the State

 6  Treasury to the credit of the Ecosystem Management and

 7  Restoration Trust Fund in fiscal year 2000-2001 and each

 8  fiscal year thereafter, to be used for the preservation and

 9  repair of the state's beaches as provided in ss.

10  161.091-161.212, and $2 million shall be paid into the State

11  Treasury to the credit of the Marine Resources Conservation

12  Trust Fund to be used for marine mammal care as provided in s.

13  370.0603(3).

14         (12)  The Department of Revenue may use the payments

15  credited to trust funds pursuant to paragraphs (1)(c) and

16  (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and

17  (10) to pay the costs of the collection and enforcement of the

18  tax levied by this chapter. The percentage of such costs which

19  may be assessed against a trust fund is a ratio, the numerator

20  of which is payments credited to that trust fund under this

21  section and the denominator of which is the sum of payments

22  made under paragraphs (1)(c) and (2)(b) and subsections (3),

23  (4), (5), (6), (7), (8), (9), and (10).

24         Section 20.  Section 215.619, Florida Statutes, is

25  reenacted to read:

26         215.619  Bonds for Everglades restoration.--

27         (1)  The issuance of Everglades restoration bonds to

28  finance or refinance the cost of acquisition and improvement

29  of land, water areas, and related property interests and

30  resources for the purpose of implementing the Comprehensive

31  Everglades Restoration Plan under s. 373.470 is authorized in

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  accordance with s. 11(e), Art. VII of the State Constitution.

 2  Everglades restoration bonds, except refunding bonds, may be

 3  issued only in fiscal years 2002-2003 through 2009-2010 and

 4  may not be issued in an amount exceeding $100 million per

 5  fiscal year unless the Department of Environmental Protection

 6  has requested additional amounts in order to achieve cost

 7  savings or accelerate the purchase of land. The duration of

 8  Everglades restoration bonds may not exceed 20 annual

 9  maturities, and those bonds must mature by December 31, 2030.

10  Except for refunding bonds, a series of bonds may not be

11  issued unless an amount equal to the debt service coming due

12  in the year of issuance has been appropriated by the

13  Legislature.

14         (2)  The state covenants with the holders of Everglades

15  restoration bonds that it will not take any action that will

16  materially and adversely affect the rights of the holders so

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

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

19  distributable under s. 201.15(1) for payment of debt service

20  on Preservation 2000 bonds, Florida Forever bonds, or

21  Everglades restoration bonds.

22         (3)  Everglades restoration bonds are payable from, and

23  secured by a first lien on, taxes distributable under s.

24  201.15(1)(b) and do not constitute a general obligation of, or

25  a pledge of the full faith and credit of, the state.

26  Everglades restoration bonds are junior and subordinate to

27  bonds secured by moneys distributable under s. 201.15(1)(a).

28         (4)  The Department of Environmental Protection shall

29  request the Division of Bond Finance of the State Board of

30  Administration to issue Everglades restoration bonds under the

31  State Bond Act in an amount supported by projected

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  expenditures of the recipients of the proceeds of the bonds.

 2  The Department of Environmental Protection shall coordinate

 3  with the Division of Bond Finance to issue the bonds in a

 4  cost-effective manner consistent with cash needs.

 5         (5)  The proceeds of Everglades restoration bonds, less

 6  the costs of issuance, the costs of funding reserve accounts,

 7  and other costs with respect to the bonds, shall be deposited

 8  into the Save Our Everglades Trust Fund. The bond proceeds

 9  deposited into the Save Our Everglades Trust Fund shall be

10  distributed by the Department of Environmental Protection as

11  provided in s. 373.470.

12         (6)  Lands purchased using bond proceeds under this

13  paragraph which are later determined by the South Florida

14  Water Management District and the Department of Environmental

15  Protection as not needed to implement the comprehensive plan,

16  shall either be surplused at no less than appraised value, and

17  the proceeds from the sale of such lands shall be deposited

18  into the Save Our Everglades Trust Fund to be used to

19  implement the comprehensive plan, or the South Florida Water

20  Management District shall use a different source of funds to

21  pay for or reimburse the Save Our Everglades Trust Fund for

22  that portion of land not needed to implement the comprehensive

23  plan.

24         (7)  There may not be any sale, disposition, lease,

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

26  related property interests acquired or improved with proceeds

27  of Everglades restoration bonds which would cause all or any

28  portion of the interest on the bonds to be included in gross

29  income for federal income tax purposes.

30         (8)  Any complaint for validation of bonds issued under

31  this section may be filed only in the circuit court of the

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  county where the seat of state government is situated. The

 2  notice required to be published by s. 75.06 may be published

 3  only in the county where the complaint is filed, and the

 4  complaint and order of the circuit court need be served only

 5  on the state attorney of the circuit in which the action is

 6  pending.

 7         Section 21.  Subsections (4), (5), and (6) of section

 8  370.470, Florida Statutes, are reenacted to read:

 9         373.470  Everglades restoration.--

10         (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED

11  FOR DEPOSIT.--The following funds may be deposited into the

12  Save Our Everglades Trust Fund created by s. 373.472 to

13  finance implementation of the comprehensive plan:

14         (a)  In fiscal year 2000-2001, funds described in s.

15  259.101(3).

16         (b)  Funds described in subsection (5).

17         (c)  Federal funds appropriated by Congress for

18  implementation of the comprehensive plan.

19         (d)  Any additional funds appropriated by the

20  Legislature for the purpose of implementing the comprehensive

21  plan.

22         (e)  Gifts designated for implementation of the

23  comprehensive plan from individuals, corporations, or other

24  entities.

25         (f)  Funds made available pursuant to s. 201.15 for

26  debt service for Everglades restoration bonds.

27         (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--

28         (a)1.  For fiscal year 2000-2001, $50 million of state

29  funds shall be deposited into the Save Our Everglades Trust

30  Fund created by s. 373.472.

31  

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1         2.  For each year of the 9 consecutive years beginning

 2  with fiscal year 2001-2002, $75 million of state funds shall

 3  be deposited into the Save Our Everglades Trust Fund created

 4  by s. 373.472.

 5         3.  As an alternative to subparagraph 2., proceeds of

 6  bonds issued under s. 215.619 may be deposited into the Save

 7  Our Everglades Trust Fund created under s. 373.472.  To

 8  enhance flexibility, funds to be deposited into the Save Our

 9  Everglades Trust Fund may consist of any combination of state

10  funds and Everglades restoration bonds.

11         (b)  For each year of the 2 consecutive years beginning

12  with fiscal year 2000-2001, the department shall deposit $25

13  million of the funds allocated to the district by the

14  department under s. 259.105(11)(a) into the Save Our

15  Everglades Trust Fund created by s. 373.472.

16         (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST

17  FUND.--

18         (a)  Except for funds appropriated for debt service,

19  the department shall distribute funds in the Save Our

20  Everglades Trust Fund to the district in accordance with a

21  legislative appropriation and s. 373.026(8)(b) and (c).

22  Distribution of funds from the Save Our Everglades Trust Fund

23  shall be equally matched by the cumulative contributions from

24  all local sponsors by fiscal year 2009-2010 by providing

25  funding or credits toward project components. The dollar value

26  of in-kind work by local sponsors in furtherance of the

27  comprehensive plan and existing interest in public lands

28  needed for a project component are credits towards the local

29  sponsors' contributions.

30         (b)  The department shall distribute funds in the Save

31  Our Everglades Trust Fund to the district in accordance with a

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1  legislative appropriation for debt service for Everglades

 2  restoration bonds.

 3         Section 22.  Subsection (1) of section 373.472, Florida

 4  Statutes, is reenacted to read:

 5         373.472  Save Our Everglades Trust Fund.--

 6         (1)  There is created within the Department of

 7  Environmental Protection the Save Our Everglades Trust Fund.

 8  Funds in the trust fund shall be expended to implement the

 9  comprehensive plan defined in s. 373.470(2)(a) and pay debt

10  service for Everglades restoration bonds issued pursuant to s.

11  215.619. The trust fund shall serve as the repository for

12  state, local, and federal project contributions in accordance

13  with s. 373.470(4).

14         Section 23.  Section 6 of chapter 2002-261, Laws of

15  Florida, is reenacted to read:

16         Section 6.  In accordance with s. 215.98(1), the

17  Legislature determines that the issuance of Everglades

18  restoration bonds under section 2 of this act is in the best

19  interest of the state and should be implemented.

20         Section 24.  If any law amended by this act was also

21  amended by a law enacted at the 2003 Regular Session of the

22  Legislature, such laws shall be construed as if they had been

23  enacted during the same session of the Legislature, and full

24  effect shall be given to each if possible.

25         Section 25.  Except as otherwise expressly provided in

26  this act, this act shall take effect July 1, 2003.

27  

28  

29  

30  

31  

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 54-A
    312-2648-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 54-A

 3                                 

 4  The committee substitute retains the original provisions of
    Senate Bill 54-A and adds the following two provisions.
 5  First, the committee substitute reaffirms the state's
    commitment to fund Everglades restoration by reenacting
 6  provisions of law enacted during the 2002 Regular Session
    authorizing the issuance of bonds in an amount not to exceed
 7  $100 million per year for an eight-year period to be used for
    Everglades Restoration.  The second provision of the bill
 8  revises the Everglades Forever Act, amended in the 2003
    Regular Session, to remove all references to the phrases
 9  "earliest practicable date" and "maximum extent practicable"
    as they refer to phosphorus reduction.  The committee
10  substitute also clarifies that moderating provisions, if
    adopted in the phosphorus rule, will not extend beyond the
11  2016 deadline for implementing the initial phase of the
    Long-Term Plan.  Any revisions to the Long-Term Plan must be
12  approved by the Department of Environmental Protection.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  52

CODING: Words stricken are deletions; words underlined are additions.