Senate Bill sb0054Ae1
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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;
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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
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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; amending s.
31 373.1502, F.S.; providing for the regulation of
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1 comprehensive plan project components; revising
2 requirements that permit applications provide
3 assurances that state water quality standards
4 will be met to the maximum extent practicable;
5 reenacting s. 201.15(1),(2)(a),(11), and (12),
6 F.S.; providing for distribution of proceeds
7 from excise taxes on documents to pay debt
8 service on Everglades restoration bonds;
9 reenacting s. 215.619, F.S.; authorizing the
10 issuance of Everglades restoration bonds to
11 finance or refinance the cost of acquisition
12 and improvement of land, water areas, and
13 related property interests and resources for
14 the purpose of implementing the Comprehensive
15 Everglades Restoration Plan; providing
16 procedures and limitations; providing for
17 deposit of funds in the Save Our Everglades
18 Trust Fund; reenacting ss. 373.470(4), (5), and
19 (6) and 373.472(1), F.S.; authorizing the
20 payment of debt service on Everglades
21 restoration bonds from the Save Our Everglades
22 Trust Fund; revising requirements for deposit
23 of state and water management district funds
24 into the Save Our Everglades Trust Fund;
25 reenacting s. 6 of ch. 2002-261, Laws of
26 Florida; providing legislative intent that the
27 issuance of Everglades restoration bonds is in
28 the best interest of the state; providing for
29 construction of the act in pari materia with
30 laws enacted during the Regular Session of the
31 Legislature; providing effective dates.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraph (a) of subsection (6) of section
4 253.025, Florida Statutes, is amended to read:
5 253.025 Acquisition of state lands for purposes other
6 than preservation, conservation, and recreation.--
7 (6) Prior to negotiations with the parcel owner to
8 purchase land pursuant to this section, title to which will
9 vest in the board of trustees, an appraisal of the parcel
10 shall be required as follows:
11 (a) Each parcel to be acquired shall have at least one
12 appraisal. Two appraisals are required when the estimated
13 value of the parcel first appraisal exceeds $1 million
14 $500,000. However, when the values of both appraisals exceed
15 $500,000 and differ significantly, a third appraisal may be
16 obtained. When a parcel is estimated to be worth $100,000 or
17 less and the director of the Division of State Lands finds
18 that the cost of obtaining an outside appraisal is not
19 justified, a comparable sales analysis or other reasonably
20 prudent procedures may be used by the division to estimate the
21 value of the parcel, provided the public's interest is
22 reasonably protected. The state is not required to appraise
23 the value of lands and appurtenances that are being donated to
24 the state. an appraisal prepared by the division may be used.
25 Section 2. Subsections (2), (5), and (6) of section
26 253.034, Florida Statutes, as amended by section 14 of chapter
27 2003-6, Laws of Florida, are amended, subsections (8), (9),
28 (10), and (11) are renumbered as subsections (9), (10), (11),
29 and (12), respectively, and a new subsection (8) is added to
30 that section, to read:
31 253.034 State-owned lands; uses.--
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1 (2) As used in this section, the following phrases
2 have the following meanings:
3 (a) "Multiple use" means the harmonious and
4 coordinated management of timber, recreation, conservation of
5 fish and wildlife, forage, archaeological and historic sites,
6 habitat and other biological resources, or water resources so
7 that they are utilized in the combination that will best serve
8 the people of the state, making the most judicious use of the
9 land for some or all of these resources and giving
10 consideration to the relative values of the various
11 resources. Where necessary and appropriate for all
12 state-owned lands that are larger than 1,000 acres in project
13 size and are managed for multiple uses, buffers may be formed
14 around any areas that require special protection or have
15 special management needs. Such buffers shall not exceed more
16 than one-half of the total acreage. Multiple uses within a
17 buffer area may be restricted to provide the necessary
18 buffering effect desired. Multiple use in this context
19 includes both uses of land or resources by more than one
20 management entity, which may include private sector land
21 managers. In any case, lands identified as multiple-use lands
22 in the land management plan shall be managed to enhance and
23 conserve the lands and resources for the enjoyment of the
24 people of the state.
25 (b) "Single use" means management for one particular
26 purpose to the exclusion of all other purposes, except that
27 the using entity shall have the option of including in its
28 management program compatible secondary purposes which will
29 not detract from or interfere with the primary management
30 purpose. Such single uses may include, but are not necessarily
31 restricted to, the use of agricultural lands for production of
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1 food and livestock, the use of improved sites and grounds for
2 institutional purposes, and the use of lands for parks,
3 preserves, wildlife management, archaeological or historic
4 sites, or wilderness areas where the maintenance of
5 essentially natural conditions is important. All submerged
6 lands shall be considered single-use lands and shall be
7 managed primarily for the maintenance of essentially natural
8 conditions, the propagation of fish and wildlife, and public
9 recreation, including hunting and fishing where deemed
10 appropriate by the managing entity.
11 (c) "Conservation lands" means lands that are
12 currently managed for conservation, outdoor resource-based
13 recreation, or archaeological or historic preservation, except
14 those lands that were acquired solely to facilitate the
15 acquisition of other conservation lands. Lands acquired for
16 uses other than conservation, outdoor resource-based
17 recreation, or archaeological or historic preservation shall
18 not be designated conservation lands except as otherwise
19 authorized under this section. These lands shall include, but
20 not be limited to, the following: correction and detention
21 facilities, military installations and facilities, state
22 office buildings, maintenance yards, state university or state
23 community college campuses, agricultural field stations or
24 offices, tower sites, law enforcement and license facilities,
25 laboratories, hospitals, clinics, and other sites that possess
26 no significant natural or historical resources. However,
27 lands acquired solely to facilitate the acquisition of other
28 conservation lands, and for which the land management plan has
29 not yet been completed or updated, may be evaluated by the
30 Board of Trustees of the Internal Improvement Trust Fund on a
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1 case-by-case basis to determine if they will be designated
2 conservation lands.
3
4 Lands acquired by the state as a gift, through donation, or by
5 any other conveyance for which no consideration was paid, and
6 which are not managed for conservation, outdoor resource-based
7 recreation, or archaeological or historic preservation under a
8 land management plan approved by the board of trustees are not
9 conservation lands.
10 (5) Each manager of conservation lands shall submit to
11 the Division of State Lands a land management plan at least
12 every 10 years in a form and manner prescribed by rule by the
13 board and in accordance with the provisions of s. 259.032.
14 Each manager of conservation lands shall also update a land
15 management plan whenever the manager proposes to add new
16 facilities or make substantive land use or management changes
17 that were not addressed in the approved plan, or within 1 year
18 of the addition of significant new lands. Each manager of
19 nonconservation lands shall submit to the Division of State
20 Lands a land use plan at least every 10 years in a form and
21 manner prescribed by rule by the board. The division shall
22 review each plan for compliance with the requirements of this
23 subsection and the requirements of the rules established by
24 the board pursuant to this section. All land use plans,
25 whether for single-use or multiple-use properties, shall
26 include an analysis of the property to determine if any
27 significant natural or cultural resources are located on the
28 property. Such resources include archaeological and historic
29 sites, state and federally listed plant and animal species,
30 and imperiled natural communities and unique natural features.
31 If such resources occur on the property, the manager shall
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1 consult with the Division of State Lands and other appropriate
2 agencies to develop management strategies to protect such
3 resources. Land use plans shall also provide for the control
4 of invasive nonnative plants and conservation of soil and
5 water resources, including a description of how the manager
6 plans to control and prevent soil erosion and soil or water
7 contamination. Land use plans submitted by a manager shall
8 include reference to appropriate statutory authority for such
9 use or uses and shall conform to the appropriate policies and
10 guidelines of the state land management plan. Plans for
11 managed areas larger than 1,000 acres shall contain an
12 analysis of the multiple-use potential of the property, which
13 analysis shall include the potential of the property to
14 generate revenues to enhance the management of the property.
15 Additionally, the plan shall contain an analysis of the
16 potential use of private land managers to facilitate the
17 restoration or management of these lands. In those cases where
18 a newly acquired property has a valid conservation plan that
19 was developed by a soil and conservation district, such plan
20 shall be used to guide management of the property until a
21 formal land use plan is completed. Each entity managing
22 conservation lands shall submit to the Division of State Lands
23 a land management plan at least every 5 years in a form and
24 manner prescribed by rule by the board. All management plans,
25 whether for single-use or multiple-use properties, shall
26 specifically describe how the managing entity plans to
27 identify, locate, protect and preserve, or otherwise use
28 fragile nonrenewable resources, such as archaeological and
29 historic sites, as well as other fragile resources, including
30 endangered plant and animal species, and provide for the
31 conservation of soil and water resources and for the control
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1 and prevention of soil erosion. Land management plans
2 submitted by an entity shall include reference to appropriate
3 statutory authority for such use or uses and shall conform to
4 the appropriate policies and guidelines of the state land
5 management plan. All land management plans for parcels larger
6 than 1,000 acres shall contain an analysis of the multiple-use
7 potential of the parcel, which analysis shall include the
8 potential of the parcel to generate revenues to enhance the
9 management of the parcel. Additionally, the land management
10 plan shall contain an analysis of the potential use of private
11 land managers to facilitate the restoration or management of
12 these lands. In those cases where a newly acquired property
13 has a valid conservation plan, the plan shall be used to guide
14 management of the property until a formal land management plan
15 is completed.
16 (a) The Division of State Lands shall make available
17 to the public a copy of each land management plan for parcels
18 that exceed 160 acres in size. The council shall review each
19 plan for compliance with the requirements of this subsection,
20 the requirements of chapter 259, and the requirements of the
21 rules established by the board pursuant to this section. The
22 council shall also consider the propriety of the
23 recommendations of the managing entity with regard to the
24 future use of the property, the protection of fragile or
25 nonrenewable resources, the potential for alternative or
26 multiple uses not recognized by the managing entity, and the
27 possibility of disposal of the property by the board. After
28 its review, the council shall submit the plan, along with its
29 recommendations and comments, to the board. The council shall
30 specifically recommend to the board whether to approve the
31
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1 plan as submitted, approve the plan with modifications, or
2 reject the plan.
3 (b) The Board of Trustees of the Internal Improvement
4 Trust Fund shall consider the land management plan submitted
5 by each entity and the recommendations of the council and the
6 Division of State Lands and shall approve the plan with or
7 without modification or reject such plan. The use or
8 possession of any such lands that is not in accordance with an
9 approved land management plan is subject to termination by the
10 board.
11 (6) The Board of Trustees of the Internal Improvement
12 Trust Fund shall determine which lands, the title to which is
13 vested in the board, may be surplused. For conservation lands,
14 the board shall make a determination that the lands are no
15 longer needed for conservation purposes and may dispose of
16 them by an affirmative vote of at least three members. In the
17 case of a land exchange involving the disposition of
18 conservation lands, the board must determine by an affirmative
19 vote of at least three members that the exchange will result
20 in a net positive conservation benefit. For all other lands,
21 the board shall make a determination that the lands are no
22 longer needed and may dispose of them by an affirmative vote
23 of at least three members.
24 (a) For the purposes of this subsection, all lands
25 acquired by the state prior to July 1, 1999, using proceeds
26 from the Preservation 2000 bonds, the Conservation and
27 Recreation Lands Trust Fund, the Water Management Lands Trust
28 Fund, Environmentally Endangered Lands Program, and the Save
29 Our Coast Program and titled to the board, which lands are
30 identified as core parcels or within original project
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1 boundaries, shall be deemed to have been acquired for
2 conservation purposes.
3 (b) For any lands purchased by the state on or after
4 July 1, 1999, a determination shall be made by the board prior
5 to acquisition as to those parcels that shall be designated as
6 having been acquired for conservation purposes. No lands
7 acquired for use by the Department of Corrections, the
8 Department of Management Services for use as state offices,
9 the Department of Transportation, except those specifically
10 managed for conservation or recreation purposes, or the State
11 University System or the Florida Community College System
12 shall be designated as having been purchased for conservation
13 purposes.
14 (c) At least every 10 5 years, as a component of each
15 land management plan or land use plan and in a form and manner
16 prescribed by rule by the board, each manager management
17 entity shall evaluate and indicate to the board those lands
18 that the entity manages which are not being used for the
19 purpose for which they were originally leased. For
20 conservation lands, the council shall review and shall
21 recommend to the board whether such lands should be retained
22 in public ownership or disposed of by the board. For
23 nonconservation lands, the division shall review such lands
24 and shall recommend to the board whether such lands should be
25 retained in public ownership or disposed of by the board. Such
26 lands shall be reviewed by the council for its recommendation
27 as to whether such lands should be disposed of by the board.
28 (d) Lands owned by the board which are not actively
29 managed by any state agency or for which a land management
30 plan has not been completed pursuant to subsection (5) shall
31 be reviewed by the council or its successor for its
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1 recommendation as to whether such lands should be disposed of
2 by the board.
3 (e) Prior to any decision by the board to surplus
4 lands, the Acquisition and Restoration Council shall review
5 and make recommendations to the board concerning the request
6 for surplusing. The council shall determine whether the
7 request for surplusing is compatible with the resource values
8 of and management objectives for such lands.
9 (f) In reviewing lands owned by the board, the council
10 shall consider whether such lands would be more appropriately
11 owned or managed by the county or other unit of local
12 government in which the land is located. The council shall
13 recommend to the board whether a sale, lease, or other
14 conveyance to a local government would be in the best
15 interests of the state and local government. The provisions of
16 this paragraph in no way limit the provisions of ss. 253.111
17 and 253.115. Such lands shall be offered to the state, county,
18 or local government for a period of 30 days. Permittable uses
19 for such surplus lands may include public schools; public
20 libraries; fire or law enforcement substations; and
21 governmental, judicial, or recreational centers. County or
22 local government requests for surplus lands shall be expedited
23 throughout the surplusing process. If the county or local
24 government does not elect to purchase such lands in accordance
25 with s. 253.111, then any surplusing determination involving
26 other governmental agencies shall be made upon the board
27 deciding the best public use of the lands. Surplus properties
28 in which governmental agencies have expressed no interest
29 shall then be available for sale on the private market.
30 (g) The sale price of lands determined to be surplus
31 pursuant to this subsection shall be determined by the
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1 division and shall take into consideration an appraisal of the
2 property, or, when the estimated value of the land is less
3 than $100,000, a comparable sales analysis or a broker's
4 opinion of value, and sold for appraised value or the price
5 paid by the state or a water management district to originally
6 acquire the lands., whichever is greater, except when the
7 board or its designee determines a different sale price is in
8 the public interest. However, for those lands sold as surplus
9 to any unit of government, the price shall not exceed the
10 price paid by the state or a water management district to
11 originally acquire the lands. A unit of government that which
12 acquires title to lands hereunder for less than appraised
13 value may not sell or transfer title to all or any portion of
14 the lands to any private owner for a period of 10 years. Any
15 unit of government seeking to transfer or sell lands pursuant
16 to this paragraph shall first allow the board of trustees to
17 reacquire such lands for the price at which the board they
18 sold such lands.
19 (h) Where a unit of government acquired land by gift,
20 donation, grant, quit-claim deed, or other such conveyance
21 where no monetary consideration was exchanged, the price of
22 land sold as surplus may be based on one appraisal. In the
23 event that a single appraisal yields a value equal to or
24 greater than $1 million, a second appraisal is required. The
25 individual or entity requesting the surplus shall select and
26 use appraisers from the list of approved appraisers maintained
27 by the Division of State Lands in accordance with s.
28 253.025(6)(b). The individual or entity requesting the surplus
29 is to incur all costs of the appraisals.
30 (i) After reviewing the recommendations of the
31 council, the board shall determine whether lands identified
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1 for surplus are to be held for other public purposes or
2 whether such lands are no longer needed. The board may
3 require an agency to release its interest in such lands. For
4 an agency that has requested the use of a property that was to
5 be declared as surplus, said agency must have the property
6 under lease within 6 months of the date of expiration of the
7 notice provisions required under ss. 253.034(6) and 253.111.
8 (j) Requests for surplusing may be made by any public
9 or private entity or person. All requests shall be submitted
10 to the lead managing agency for review and recommendation to
11 the council or its successor. Lead managing agencies shall
12 have 90 days to review such requests and make recommendations.
13 Any surplusing requests that have not been acted upon within
14 the 90-day time period shall be immediately scheduled for
15 hearing at the next regularly scheduled meeting of the council
16 or its successor. Requests for surplusing pursuant to this
17 paragraph shall not be required to be offered to local or
18 state governments as provided in paragraph (f).
19 (k) Proceeds from any sale of surplus lands pursuant
20 to this subsection shall be deposited into the fund from which
21 such lands were acquired. However, if the fund from which the
22 lands were originally acquired no longer exists, such proceeds
23 shall be deposited into an appropriate account to be used for
24 land management by the lead managing agency assigned the lands
25 prior to the lands being declared surplus. Funds received from
26 the sale of surplus nonconservation lands, or lands that were
27 acquired by gift, by donation, or for no consideration, shall
28 be deposited into the Internal Improvement Trust Fund.
29 (l) Notwithstanding the provisions of this subsection,
30 no such disposition of land shall be made if such disposition
31 would have the effect of causing all or any portion of the
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1 interest on any revenue bonds issued to lose the exclusion
2 from gross income for federal income tax purposes.
3 (m) The sale of filled, formerly submerged land that
4 does not exceed 5 acres in area is not subject to review by
5 the council or its successor.
6 (n) The board may adopt rules to implement the
7 provisions of this section, which may include procedures for
8 administering surplus land requests and criteria for when the
9 division may approve requests to surplus nonconservation lands
10 on behalf of the board.
11 (8)(a) Notwithstanding other provisions of this
12 section, the Division of State Lands is directed to prepare a
13 state inventory of all federal lands and all lands titled in
14 the name of the state, a state agency, a water management
15 district, or a local government on a county-by-county basis.
16 To facilitate the development of the state inventory, each
17 county shall direct the appropriate county office with
18 authority over the information to provide the division with a
19 county inventory of all lands identified as federal lands and
20 lands titled in the name of the state, a state agency, a water
21 management district, or a local government.
22 (b) The state inventory must distinguish between lands
23 purchased by the state or a water management district as part
24 of a core parcel or within original project boundaries, as
25 those terms are used to meet the surplus requirements of
26 subsection (6), and lands purchased by the state, a state
27 agency, or a water management district which are not essential
28 or necessary for conservation purposes.
29 (c) In any county having a population of 75,000 or
30 fewer, or a county having a population of 100,000 or fewer
31 that is contiguous to a county having a population of 75,000
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1 or fewer, in which more than 50 percent of the lands within
2 the county boundary are federal lands and lands titled in the
3 name of the state, a state agency, a water management
4 district, or a local government, those lands titled in the
5 name of the state or a state agency which are not essential or
6 necessary to meet conservation purposes may, upon request of a
7 public or private entity, be made available for purchase
8 through the state's surplusing process. Rights-of-way for
9 existing, proposed, or anticipated transportation facilities
10 are exempt from the requirements of this paragraph. Priority
11 consideration shall be given to buyers, public or private,
12 willing to return the property to productive use so long as
13 the property can be reentered onto the county ad valorem tax
14 roll. Property acquired with matching funds from a local
15 government shall not be made available for purchase without
16 the consent of the local government.
17 Section 3. Section 253.0341, Florida Statutes, is
18 created to read:
19 253.0341 Surplus of state-owned lands to counties or
20 local governments.--Counties and local governments may submit
21 surplusing requests for state-owned lands directly to the
22 board of trustees. County or local government requests for the
23 state to surplus conservation or nonconservation lands,
24 whether for purchase or exchange, shall be expedited
25 throughout the surplusing process. Property jointly acquired
26 by the state and other entities shall not be surplused without
27 the consent of all joint owners.
28 (1) The decision to surplus state-owned
29 nonconservation lands may be made by the board without a
30 review of, or a recommendation on, the request from the
31 Acquisition and Restoration Council or the Division of State
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1 Lands. Such requests for nonconservation lands shall be
2 considered by the board within 60 days of the board's receipt
3 of the request.
4 (2) County or local government requests for the
5 surplusing of state-owned conservation lands are subject to
6 review of and recommendation on the request to the board by
7 the Acquisition and Restoration Council. Requests to surplus
8 conservation lands shall be considered by the board within 120
9 days of the board's receipt of the request.
10 Section 4. Section 253.42, Florida Statutes, is
11 amended to read:
12 (Substantial rewording of section. See
13 s. 253.42, F.S., for present text.)
14 253.42 Board of trustees may exchange lands.--The
15 provisions of this section apply to all lands owned by, vested
16 in, or titled in the name of the board whether the lands were
17 acquired by the state as a purchase, or through gift,
18 donation, or any other conveyance for which no consideration
19 was paid.
20 (1) The board of trustees may exchange any lands owned
21 by, vested in, or titled in the name of the board for other
22 lands in the state owned by counties, local governments,
23 individuals, or private or public corporations, and may fix
24 the terms and conditions of any such exchange. Any
25 nonconservation lands that were acquired by the state through
26 gift, donation, or any other conveyance for which no
27 consideration was paid must first be offered at no cost to a
28 county or local government unless otherwise provided in a deed
29 restriction of record or other legal impediment, and so long
30 as the use proposed by the county or local government is for a
31 public purpose. For conservation lands acquired by the state
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1 through gift, donation, or any other conveyance for which no
2 consideration was paid, the state may request land of equal
3 conservation value from the county or local government but no
4 other consideration.
5 (2) In exchanging state-owned lands not acquired by
6 the state through gift, donation, or any other conveyance for
7 which no consideration was paid, with counties or local
8 governments, the board shall require an exchange of equal
9 value. Equal value is defined as the conservation benefit of
10 the lands being offered for exchange by a county or local
11 government being equal or greater in conservation benefit than
12 the state-owned lands. Such exchanges may include cash
13 transactions if based on an appropriate measure of value of
14 the state-owned land, but must also include the determination
15 of a net-positive conservation benefit by the Acquisition and
16 Restoration Council, irrespective of appraised value.
17 (3) The board shall select and agree upon the state
18 lands to be exchanged and the lands to be conveyed to the
19 state and shall pay or receive any sum of money deemed
20 necessary by the board for the purpose of equalizing the value
21 of the exchanged property. The board is authorized to make and
22 enter into contracts or agreements for such purpose or
23 purposes.
24 Section 5. Section 253.7823, Florida Statutes, is
25 amended to read:
26 253.7823 Disposition of surplus lands; compensation of
27 counties located within the Cross Florida Canal Navigation
28 District.--
29 (1) The department may shall identify parcels of
30 former barge canal lands that which may be sold or exchanged
31 as needed to repay the counties of the Cross Florida Canal
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1 Navigation District any sums due them pursuant to s.
2 253.783(2)(e). In identifying said surplus lands, the
3 department shall give priority to consideration to lands
4 situated outside the greenways' boundaries, those lands not
5 having high recreation or conservation values, and those
6 having the greatest assessed valuations. Although the
7 department shall immediately begin to identify the parcels of
8 surplus lands to be sold, the department shall offer the lands
9 for sale in a manner designed to maximize the amounts received
10 over a reasonable period of time.
11 (2) Disbursements of amounts due the counties shall be
12 made on a semiannual basis and shall be completed before any
13 additional lands or easements may be acquired within the
14 boundaries of the greenways.
15 (2)(3) In addition to lands identified for sale to
16 generate funds for repayment of counties pursuant to s.
17 253.783(2)(e), The department is authorized to sell surplus
18 additional former canal lands if they are determined to be
19 unnecessary to the effective provision of the type of
20 recreational opportunities and conservation activities for
21 which the greenway was greenways were created.
22 (4) Until repayment to the counties pursuant to s.
23 253.783(2)(e) has been completed, any agency wishing to use
24 former canal lands must pay the full assessed value of said
25 lands.
26 Section 6. Paragraph (c) of subsection (10) and
27 subsections (12), (13), and (16) of section 259.032, Florida
28 Statutes, are amended to read:
29 259.032 Conservation and Recreation Lands Trust Fund;
30 purpose.--
31 (10)
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1 (c) Once a plan is adopted, the managing agency or
2 entity shall update the plan at least every 10 5 years in a
3 form and manner prescribed by rule of the board of trustees.
4 Such updates, for parcels over 160 acres, shall be developed
5 with input from an advisory group. Such plans may include
6 transfers of leasehold interests to appropriate conservation
7 organizations or governmental entities designated by the Land
8 Acquisition and Management Advisory Council or its successor,
9 for uses consistent with the purposes of the organizations and
10 the protection, preservation, conservation, restoration, and
11 proper management of the lands and their resources. Volunteer
12 management assistance is encouraged, including, but not
13 limited to, assistance by youths participating in programs
14 sponsored by state or local agencies, by volunteers sponsored
15 by environmental or civic organizations, and by individuals
16 participating in programs for committed delinquents and
17 adults.
18 (12)(a) Beginning July 1, 1999, the Legislature shall
19 make available sufficient funds annually from the Conservation
20 and Recreation Lands Trust Fund to the department for payment
21 in lieu of taxes to qualifying counties and local governments
22 as defined in paragraph (b) for all actual tax losses incurred
23 as a result of board of trustees acquisitions for state
24 agencies under the Florida Forever program or the Florida
25 Preservation 2000 program during any year. Reserved funds not
26 used for payments in lieu of taxes in any year shall revert to
27 the fund to be used for land management acquisition in
28 accordance with the provisions of this section.
29 (b) Payment in lieu of taxes shall be available:
30
31
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1 1. To all counties that have a population of 150,000
2 or fewer. Population levels shall be determined pursuant to s.
3 11.031.
4 2. To all local governments located in eligible
5 counties.
6 3. To Glades County, where a privately owned and
7 operated prison leased to the state has recently been opened
8 and where privately owned and operated juvenile justice
9 facilities leased to the state have recently been constructed
10 and opened, a payment in lieu of taxes, in an amount that
11 offsets the loss of property tax revenue, which funds have
12 already been appropriated and allocated from the Department of
13 Correction's budget for the purpose of reimbursing amounts
14 equal to lost ad valorem taxes.
15
16 Counties and local governments that did not receive payments
17 in lieu of taxes for lands purchased pursuant to s. 259.101
18 during fiscal year 1999-2000, if such counties and local
19 governments would have received payments pursuant to this
20 subsection as that section existed on June 30, 1999, shall
21 receive retroactive payments for such tax losses.
22 (c) If insufficient funds are available in any year to
23 make full payments to all qualifying counties and local
24 governments, such counties and local governments shall receive
25 a pro rata share of the moneys available.
26 (d) The payment amount shall be based on the average
27 amount of actual taxes paid on the property for the 3 years
28 preceding acquisition. Applications for payment in lieu of
29 taxes shall be made no later than January 31 of the year
30 following acquisition. No payment in lieu of taxes shall be
31
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1 made for properties which were exempt from ad valorem taxation
2 for the year immediately preceding acquisition.
3 (e) If property which was subject to ad valorem
4 taxation was acquired by a tax-exempt entity for ultimate
5 conveyance to the state under this chapter, payment in lieu of
6 taxes shall be made for such property based upon the average
7 amount of taxes paid on the property for the 3 years prior to
8 its being removed from the tax rolls. The department shall
9 certify to the Department of Revenue those properties that may
10 be eligible under this provision. Once eligibility has been
11 established, that county or local government shall receive 10
12 consecutive annual payments for each tax loss, and no further
13 eligibility determination shall be made during that period.
14 (f)(e) Payment in lieu of taxes pursuant to this
15 subsection shall be made annually to qualifying counties and
16 local governments after certification by the Department of
17 Revenue that the amounts applied for are reasonably
18 appropriate, based on the amount of actual taxes paid on the
19 eligible property. With the assistance of the local government
20 requesting payment in lieu of taxes, the state agency that
21 acquired the land is responsible for preparing and submitting
22 application requests for payment to the Department of Revenue
23 for certification, and after the Department of Environmental
24 Protection has provided supporting documents to the
25 Comptroller and has requested that payment be made in
26 accordance with the requirements of this section.
27 (g)(f) If the board of trustees conveys to a local
28 government title to any land owned by the board, any payments
29 in lieu of taxes on the land made to the local government
30 shall be discontinued as of the date of the conveyance.
31
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1 For the purposes of this subsection, "local government"
2 includes municipalities, the county school board, mosquito
3 control districts, and any other local government entity which
4 levies ad valorem taxes, with the exception of a water
5 management district.
6 (13) Moneys credited to the fund each year which are
7 not used for management, maintenance, or capital improvements
8 pursuant to subsection (11); for payment in lieu of taxes
9 pursuant to subsection (12); or for the purposes of subsection
10 (5), shall be available for the acquisition of land pursuant
11 to this section.
12 (16) Notwithstanding other provisions of law relating
13 to the purpose of the Conservation and Recreation Lands Trust
14 Fund, and for the 2002-2003 fiscal year only, the purposes of
15 the trust fund shall include funding issues provided in the
16 General Appropriations Act. This subsection expires July 1,
17 2003.
18 Section 7. Section 259.0322, Florida Statutes, is
19 amended to read:
20 259.0322 Reinstitution of payments in lieu of taxes;
21 duration.--If the Department of Environmental Protection or a
22 water management district has made a payment in lieu of taxes
23 to a governmental entity and subsequently suspended such
24 payment, the department or water management district shall
25 reinstitute appropriate payments and continue the payments in
26 consecutive years until the governmental entity has received a
27 total of 10 payments for each tax loss.
28 Section 8. Subsection (2) of section 259.036, Florida
29 Statutes, is amended to read:
30 259.036 Management review teams.--
31
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1 (2) The land management review team shall review
2 select management areas parcels of managed land prior to the
3 date the manager managing agency is required to submit a
4 10-year its 5-year land management plan update. For management
5 areas that exceed 1,000 acres in size, the Division of State
6 Lands shall schedule a land management review at least every 5
7 years. A copy of the review shall be provided to the manager
8 managing agency, the Division of State Lands, and the
9 Acquisition and Restoration Council Land Acquisition and
10 Management Advisory Council or its successor. The manager
11 managing agency shall consider the findings and
12 recommendations of the land management review team in
13 finalizing the required 10-year 5-year update of its
14 management plan.
15 Section 9. Subsection (1) of section 259.041, Florida
16 Statutes, as amended by chapter 2003-6, Laws of Florida, is
17 amended to read:
18 259.041 Acquisition of state-owned lands for
19 preservation, conservation, and recreation purposes.--
20 (1) Neither the Board of Trustees of the Internal
21 Improvement Trust Fund nor its duly authorized agent shall
22 commit the state, through any instrument of negotiated
23 contract or agreement for purchase, to the purchase of lands
24 with or without appurtenances unless the provisions of this
25 section have been fully complied with. Except for the
26 requirements of subsections (3), (14), and (15), the board of
27 trustees may waive any requirements of this section, may waive
28 any rules adopted pursuant to this section, notwithstanding
29 chapter 120, However, the board of trustees may waive any
30 requirement of this section, except the requirements of
31 subsections (3), (14), and (15); or, notwithstanding chapter
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1 120, may waive any rules adopted pursuant to this section,
2 except rules adopted pursuant to subsections (3),(14), and
3 (15); or may substitute other reasonably prudent procedures,
4 provided the public's interest is reasonably protected. The
5 title to lands acquired pursuant to this section shall vest in
6 the board of trustees as provided in s. 253.03(1), unless
7 otherwise provided by law, and. all such titled lands, title
8 to which is vested in the board of trustees pursuant to this
9 section, shall be administered pursuant to the provisions of
10 s. 253.03.
11 Section 10. Present subsection (5) of section 373.089,
12 Florida Statutes, is renumbered as subsection (6), and a new
13 subsection (5) is added to that section, to read:
14 373.089 Sale or exchange of lands, or interests or
15 rights in lands.--The governing board of the district may sell
16 lands, or interests or rights in lands, to which the district
17 has acquired title or to which it may hereafter acquire title
18 in the following manner:
19 (5) In any county having a population of 75,000 or
20 fewer, or a county having a population of 100,000 or fewer
21 that is contiguous to a county having a population of 75,000
22 or fewer, in which more than 50 percent of the lands within
23 the county boundary are federal lands and lands titled in the
24 name of the state, a state agency, a water management
25 district, or a local government, those lands titled in the
26 name of a water management district which are not essential or
27 necessary to meet conservation purposes may, upon request of a
28 public or private entity, be made available for purchase
29 through the surplusing process in this section. Priority
30 consideration must be given to buyers, public or private, who
31 are willing to return the property to productive use so long
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1 as the property can be reentered onto the county ad valorem
2 tax roll. Property acquired with matching funds from a local
3 government shall not be made available for purchase without
4 the consent of the local government.
5 Section 11. Subsection (3) of section 373.139, Florida
6 Statutes, is amended to read:
7 373.139 Acquisition of real property.--
8 (3) The initial 5-year work plan and any subsequent
9 modifications or additions thereto shall be adopted by each
10 water management district after a public hearing. Each water
11 management district shall provide at least 14 days' advance
12 notice of the hearing date and shall separately notify each
13 county commission within which a proposed work plan project or
14 project modification or addition is located of the hearing
15 date.
16 (a) Appraisal reports, offers, and counteroffers are
17 confidential and exempt from the provisions of s. 119.07(1)
18 until an option contract is executed or, if no option contract
19 is executed, until 30 days before a contract or agreement for
20 purchase is considered for approval by the governing board.
21 However, each district may, at its discretion, disclose
22 appraisal reports to private landowners during negotiations
23 for acquisitions using alternatives to fee simple techniques,
24 if the district determines that disclosure of such reports
25 will bring the proposed acquisition to closure. In the event
26 that negotiation is terminated by the district, the title
27 information, appraisal report, offers, and counteroffers shall
28 become available pursuant to s. 119.07(1). Notwithstanding the
29 provisions of this section and s. 259.041, a district and the
30 Division of State Lands may share and disclose title
31 information, appraisal reports, appraisal information, offers,
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1 and counteroffers when joint acquisition of property is
2 contemplated. A district and the Division of State Lands shall
3 maintain the confidentiality of such title information,
4 appraisal reports, appraisal information, offers, and
5 counteroffers in conformance with this section and s. 259.041,
6 except in those cases in which a district and the division
7 have exercised discretion to disclose such information. A
8 district may disclose appraisal information, offers, and
9 counteroffers to a third party who has entered into a
10 contractual agreement with the district to work with or on the
11 behalf of or to assist the district in connection with land
12 acquisitions. The third party shall maintain the
13 confidentiality of such information in conformance with this
14 section. In addition, a district may use, as its own,
15 appraisals obtained by a third party provided the appraiser is
16 selected from the district's list of approved appraisers and
17 the appraisal is reviewed and approved by the district.
18 (b) The Secretary of Environmental Protection shall
19 release moneys from the appropriate account or trust fund to a
20 district for preacquisition costs within 30 days after receipt
21 of a resolution adopted by the district's governing board
22 which identifies and justifies any such preacquisition costs
23 necessary for the purchase of any lands listed in the
24 district's 5-year work plan. The district shall return to the
25 department any funds not used for the purposes stated in the
26 resolution, and the department shall deposit the unused funds
27 into the appropriate account or trust fund.
28 (c) The Secretary of Environmental Protection shall
29 release acquisition moneys from the appropriate account or
30 trust fund to a district following receipt of a resolution
31 adopted by the governing board identifying the lands being
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1 acquired and certifying that such acquisition is consistent
2 with the 5-year work plan of acquisition and other provisions
3 of this section. The governing board also shall provide to the
4 Secretary of Environmental Protection a copy of all certified
5 appraisals used to determine the value of the land to be
6 purchased. Each parcel to be acquired must have at least one
7 appraisal. Two appraisals are required when the estimated
8 value of the parcel exceeds $1 million $500,000. However,
9 when both appraisals exceed $1 million $500,000 and differ
10 significantly, a third appraisal may be obtained. If the
11 purchase price is greater than the appraisal price, the
12 governing board shall submit written justification for the
13 increased price. The Secretary of Environmental Protection
14 may withhold moneys for any purchase that is not consistent
15 with the 5-year plan or the intent of this section or that is
16 in excess of appraised value. The governing board may appeal
17 any denial to the Land and Water Adjudicatory Commission
18 pursuant to s. 373.114.
19 Section 12. Subsection (10) of section 373.59, Florida
20 Statutes, as amended by chapter 2003-2, Laws of Florida, is
21 amended to read:
22 373.59 Water Management Lands Trust Fund.--
23 (10)(a) Beginning July 1, 1999, not more than
24 one-fourth of the land management funds provided for in
25 subsections (1) and (8) in any year shall be reserved annually
26 by a governing board, during the development of its annual
27 operating budget, for payments in lieu of taxes for all actual
28 tax losses incurred as a result of governing board
29 acquisitions for water management districts pursuant to ss.
30 259.101, 259.105, 373.470, and this section during any year.
31 Reserved funds not used for payments in lieu of taxes in any
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1 year shall revert to the Water Management Lands Trust Fund to
2 be used in accordance with the provisions of this section.
3 (b) Payment in lieu of taxes shall be available:
4 1. To all counties that have a population of 150,000
5 or fewer. Population levels shall be determined pursuant to s.
6 11.031.
7 2. To all local governments located in eligible
8 counties and whose lands are bought and taken off the tax
9 rolls.
10
11 For properties acquired after January 1, 2000, in the event
12 that such properties otherwise eligible for payment in lieu of
13 taxes under this subsection are leased or reserved and remain
14 subject to ad valorem taxes, payments in lieu of taxes shall
15 commence or recommence upon the expiration or termination of
16 the lease or reservation, but in no event shall there be more
17 than a total of 10 ten annual payments in lieu of taxes for
18 each tax loss. If the lease is terminated for only a portion
19 of the lands at any time, the 10 ten annual payments shall be
20 made for that portion only commencing the year after such
21 termination, without limiting the requirement that 10 ten
22 annual payments shall be made on the remaining portion or
23 portions of the land as the lease on each expires. For the
24 purposes of this subsection, "local government" includes
25 municipalities, the county school board, mosquito control
26 districts, and any other local government entity which levies
27 ad valorem taxes.
28 (c) If sufficient funds are unavailable in any year to
29 make full payments to all qualifying counties and local
30 governments, such counties and local governments shall receive
31 a pro rata share of the moneys available.
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1 (d) The payment amount shall be based on the average
2 amount of actual taxes paid on the property for the 3 years
3 preceding acquisition. Applications for payment in lieu of
4 taxes shall be made no later than January 31 of the year
5 following acquisition. No payment in lieu of taxes shall be
6 made for properties which were exempt from ad valorem taxation
7 for the year immediately preceding acquisition.
8 (e) If property that was subject to ad valorem
9 taxation was acquired by a tax-exempt entity for ultimate
10 conveyance to the state under this chapter, payment in lieu of
11 taxes shall be made for such property based upon the average
12 amount of taxes paid on the property for the 3 years prior to
13 its being removed from the tax rolls. The water management
14 districts shall certify to the Department of Revenue those
15 properties that may be eligible under this provision. Once
16 eligibility has been established, that governmental entity
17 shall receive 10 consecutive annual payments for each tax
18 loss, and no further eligibility determination shall be made
19 during that period.
20 (f)(e) Payment in lieu of taxes pursuant to this
21 subsection shall be made annually to qualifying counties and
22 local governments after certification by the Department of
23 Revenue that the amounts applied for are reasonably
24 appropriate, based on the amount of actual taxes paid on the
25 eligible property, and after the water management districts
26 have provided supporting documents to the Comptroller and have
27 requested that payment be made in accordance with the
28 requirements of this section. With the assistance of the local
29 government requesting payment in lieu of taxes, the water
30 management district that acquired the land is responsible for
31
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1 preparing and submitting application requests for payment to
2 the Department of Revenue for certification.
3 (g)(f) If a water management district conveys to a
4 county or local government title to any land owned by the
5 district, any payments in lieu of taxes on the land made to
6 the county or local government shall be discontinued as of the
7 date of the conveyance.
8 (g) The districts may make retroactive payments to
9 counties and local governments that did not receive payments
10 in lieu of taxes for lands purchased under s. 259.101 and this
11 section during fiscal year 1999-2000 if the counties and local
12 governments would have received those payments under ss.
13 259.032(12) and 373.59(14).
14 Section 13. Section 373.5905, Florida Statutes, is
15 amended to read:
16 373.5905 Reinstitution of payments in lieu of taxes;
17 duration.--If the Department of Environmental Protection or a
18 water management district has made a payment in lieu of taxes
19 to a governmental entity and subsequently suspended such
20 payment, the department or water management district shall
21 reinstitute appropriate payments and continue the payments in
22 consecutive years until the governmental entity has received a
23 total of 10 payments for each tax loss.
24 Section 14. Subsection (2) of section 260.016, Florida
25 Statutes, is amended to read:
26 260.016 General powers of the department.--
27 (2) The department shall:
28 (a) Evaluate lands for the acquisition of greenways
29 and trails and compile a list of suitable corridors,
30 greenways, and trails, ranking them in order of priority for
31 proposed acquisition. The department shall devise a method of
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1 evaluation which includes, but is not limited to, the
2 consideration of:
3 1. the importance and function of such corridors
4 within the statewide system.
5 2. Potential for local sharing in the acquisition,
6 development, operation, or maintenance of greenway and trail
7 corridors.
8 3. Costs of acquisition, development, operation, and
9 maintenance.
10 (b) Maintain an updated list of abandoned and
11 to-be-abandoned railroad rights-of-way.
12 (c) Provide information to public and private agencies
13 and organizations on abandoned rail corridors which are or
14 will be available for acquisition from the railroads or for
15 lease for interim recreational use from the Department of
16 Transportation.
17 (d) Develop and implement a process for designation of
18 lands and waterways as a part of the statewide system of
19 greenways and trails, which shall include:
20 1. Development and dissemination of criteria for
21 designation.
22 2. Development and dissemination of criteria for
23 changes in the terms or conditions of designation, including
24 withdrawal or termination of designation. A landowner may have
25 his or her lands removed from designation by providing the
26 department with a written request that contains an adequate
27 description of such lands to be removed. Provisions shall be
28 made in the designation agreement for disposition of any
29 future improvements made to the land by the department.
30
31
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1 3. Compilation of available information on and field
2 verification of the characteristics of the lands and waterways
3 as they relate to the developed criteria.
4 3.4. Public notice pursuant to s. 120.525 in all
5 phases of the process.
6 5. Actual notice to the landowner by certified mail at
7 least 7 days before any public meeting regarding the
8 department's intent to designate.
9 4.6. Written authorization from the landowner in the
10 form of a lease or other instrument for the designation and
11 granting of public access, if appropriate, to a landowner's
12 property.
13 5.7. Development of A greenway or trail use plan as a
14 part of the designation agreement which shall. In any
15 particular segment of a greenway or trail, the plan components
16 must be compatible with connecting segments and, at a minimum,
17 describe the types and intensities of uses of the property.
18 (e) Implement the plan for the Florida Greenways and
19 Trails System as adopted by the Florida Greenways Coordinating
20 Council on September 11, 1998.
21 Section 15. In an exchange of lands contemplated
22 between the Board of Trustees of the Internal Improvement
23 Trust Fund and a local government for donated state lands no
24 longer needed for conservation purposes, lands proposed for
25 exchange by the state and the local government shall be
26 considered of equal value and no further consideration shall
27 be required, provided that the donated land being offered for
28 exchange by the state is not greater than 200 acres, and
29 provided that the local government has been negotiating the
30 exchange of lands with the Division of State Lands of the
31 Department of Environmental Protection for a period of not
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1 less than 1 year. Notwithstanding the exchange and surplusing
2 requirements of chapters 253 and 259, Florida Statutes, and
3 the notice requirements of chapter 270, Florida Statutes, the
4 board of trustees shall exchange lands with a local government
5 under these provisions no later than August 31, 2003. Lands
6 conveyed to a local government under these provisions must be
7 used for a public purpose. Deeds of conveyance conveyed to a
8 local government under these provisions shall contain a
9 reverter clause that automatically reverts title to the board
10 of trustees if the local government fails to use the property
11 for a public purpose.
12 Section 16. Effective upon becoming law and
13 notwithstanding the exchange and surplusing requirements of
14 chapters 253 and 259, Florida Statutes, and the notice
15 requirements of chapter 270, Florida Statutes, in an exchange
16 of lands contemplated between the Board of Trustees of the
17 Internal Improvement Trust Fund and a private entity for
18 formerly submerged sovereignty lands, heretofore known as the
19 "Chapman Exchange," the board shall exchange lands with the
20 private entity under these provisions no later than July 1,
21 2003. This exchange satisfies the constitutional public
22 interest test for the following reasons:
23 1. The land to be exchanged by the state is not
24 greater than 200 acres, is within a rural county of critical
25 economic concern, and is adjacent to lands previously sold by
26 the state to private interests.
27 2. The land to be exchanged is currently off the tax
28 rolls of the county, which is at the 10 mill constitutional
29 cap.
30 3. The private entity has been negotiating an exchange
31 with the Division of State Lands for a period of not less than
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1 one year, has acquired lands within the division's project
2 areas for conservation land acquisition, and owns land
3 adjacent to the subject state parcel.
4 4. The exchange shall be of equal monetary value. The
5 private entity shall provide any difference in appraised value
6 at the time of closing in cash or the equivalent.
7 Section 17. Sections 253.84 and 259.0345, Florida
8 Statutes, are repealed.
9 Section 18. Paragraph (a) of subsection (2), paragraph
10 (e) of subsection (4), and subsections (3) and (10) of section
11 373.4592, Florida Statutes, as amended by section 1 of chapter
12 2003-12, Laws of Florida, are amended to read:
13 373.4592 Everglades improvement and management.--
14 (2) DEFINITIONS.--As used in this section:
15 (a) "Best available phosphorus reduction technology"
16 or "BAPRT" means a combination of BMPs and STAs which includes
17 a continuing research and monitoring program to reduce outflow
18 concentrations of phosphorus so as to achieve the phosphorus
19 criterion in the Everglades Protection Area at the earliest
20 practicable date.
21 (3) EVERGLADES LONG-TERM PLAN.--
22 (a) The Legislature finds that the Everglades Program
23 required by this section establishes more extensive and
24 comprehensive requirements for surface water improvement and
25 management within the Everglades than the SWIM plan
26 requirements provided in ss. 373.451-373.456. In order to
27 avoid duplicative requirements, and in order to conserve the
28 resources available to the district, the SWIM plan
29 requirements of those sections shall not apply to the
30 Everglades Protection Area and the EAA during the term of the
31 Everglades Program, and the district will neither propose, nor
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1 take final agency action on, any Everglades SWIM plan for
2 those areas until the Everglades Program is fully implemented.
3 Funds under s. 259.101(3)(b) may be used for acquisition of
4 lands necessary to implement the Everglades Construction
5 Project, to the extent these funds are identified in the
6 Statement of Principles of July 1993. The district's actions
7 in implementing the Everglades Construction Project relating
8 to the responsibilities of the EAA and C-139 Basin for funding
9 and water quality compliance in the EAA and the Everglades
10 Protection Area shall be governed by this section. Other
11 strategies or activities in the March 1992 Everglades SWIM
12 plan may be implemented if otherwise authorized by law.
13 (b) The Legislature finds that the most reliable means
14 of optimizing the performance of STAs and achieving reasonable
15 further progress in reducing phosphorus entering the
16 Everglades Protection Area is to utilize a long-term planning
17 process. The Legislature finds that the Long-Term Plan
18 provides the best available phosphorus reduction technology
19 based upon a combination of the BMPs and STAs described in the
20 Plan provided that the Plan shall seek to achieve the
21 phosphorus criterion in the Everglades Protection Area. The
22 pre-2006 projects identified in the Long-Term Plan shall be
23 implemented by the district without delay, and revised with
24 the Long-Term Plan will be implemented and revised with the
25 planning goal and objective of achieving the phosphorus
26 criterion to be adopted pursuant to subparagraph (4)(e)2. in
27 the Everglades Protection Area, and not based on any planning
28 goal or objective in the Plan that is inconsistent with this
29 section. Revisions to the Long-Term Plan shall be incorporated
30 through an adaptive management approach including a process
31 development and engineering component to identify and
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1 implement incremental optimization measures for further
2 phosphorus reductions. Revisions to the Long-Term Plan shall
3 be approved by the department. In addition, the department may
4 propose changes to the Long-Term Plan as science and
5 environmental conditions warrant.
6 (c) It is the intent of the Legislature that
7 implementation of the Long-Term Plan shall be integrated and
8 consistent with the implementation of the projects and
9 activities in the Congressionally authorized components of the
10 CERP so that unnecessary and duplicative costs will be
11 avoided. Nothing in this section shall modify any existing
12 cost share or responsibility provided for projects listed in
13 s. 528 of the Water Resources Development Act of 1996 (110
14 Stat. 3769) or provided for projects listed in section 601 of
15 the Water Resources Development Act of 2000 (114 Stat. 2572).
16 The Legislature does not intend for the provisions of this
17 section to diminish commitments made by the State of Florida
18 to restore and maintain water quality in the Everglades
19 Protection Area, including the federal lands in the settlement
20 agreement referenced in paragraph (4)(e).
21 (d) The Legislature recognizes that the Long-Term Plan
22 contains an initial phase and a 10-year second phase. The
23 Legislature intends that a review of this act at least 10
24 years after implementation of the initial phase is appropriate
25 and necessary to the public interest. The review is the best
26 way to ensure that the Everglades Protection Area is achieving
27 state water quality standards, including phosphorus reduction,
28 and the Long-Term Plan is discharges to the Everglades
29 Protection Area are achieving state water quality standards,
30 including phosphorus reduction, to the maximum extent
31 practicable, and are using the best technology available. A
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1 10-year second phase of the Long-Term Plan must be approved by
2 the Legislature and codified in this act prior to
3 implementation of projects, but not prior to development,
4 review, and approval of projects by the department.
5 (e) The Long-Term Plan shall be implemented for an
6 initial 13-year phase (2003-2016) and shall, to the maximum
7 extent practicable, achieve water quality standards relating
8 to the phosphorus criterion in the Everglades Protection Area
9 as determined by a network of monitoring stations established
10 for this purpose. Not later than December 31, 2008, and each 5
11 years thereafter, the department shall review and approve
12 incremental phosphorus reduction measures to be implemented at
13 the earliest practicable date.
14 (4) EVERGLADES PROGRAM.--
15 (e) Evaluation of water quality standards.--
16 1. The department and the district shall employ all
17 means practicable to complete by December 31, 1998, any
18 additional research necessary to:
19 a. Numerically interpret for phosphorus the Class III
20 narrative nutrient criterion necessary to meet water quality
21 standards in the Everglades Protection Area; and
22 b. Evaluate existing water quality standards
23 applicable to the Everglades Protection Area and EAA canals.
24 2. In no case shall such phosphorus criterion allow
25 waters in the Everglades Protection Area to be altered so as
26 to cause an imbalance in the natural populations of aquatic
27 flora or fauna. The phosphorus criterion shall be 10 parts per
28 billion (ppb) in the Everglades Protection Area in the event
29 the department does not adopt by rule such criterion by
30 December 31, 2003. However, in the event the department fails
31 to adopt a phosphorus criterion on or before December 31,
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1 2002, any person whose substantial interests would be affected
2 by the rulemaking shall have the right, on or before February
3 28, 2003, to petition for a writ of mandamus to compel the
4 department to adopt by rule such criterion. Venue for the
5 mandamus action must be Leon County. The court may stay
6 implementation of the 10 parts per billion (ppb) criterion
7 during the pendency of the mandamus proceeding upon a
8 demonstration by the petitioner of irreparable harm in the
9 absence of such relief. The department's phosphorus criterion,
10 whenever adopted, shall supersede the 10 parts per billion
11 (ppb) criterion otherwise established by this section, but
12 shall not be lower than the natural conditions of the
13 Everglades Protection Area and shall take into account spatial
14 and temporal variability. The department's rule adopting a
15 phosphorus criterion may include moderating provisions during
16 the implementation of the initial phase of the Long-Term Plan
17 authorizing discharges based upon BAPRT providing net
18 improvement to impacted areas. Discharges to unimpacted areas
19 may also be authorized by moderating provisions, which shall
20 require BAPRT, and which must be based upon a determination by
21 the department that the environmental benefits of the
22 discharge clearly outweigh potential adverse impacts and
23 otherwise comply with antidegradation requirements. Moderating
24 provisions authorized by this section shall not extend beyond
25 December 2016 unless further authorized by the Legislature
26 pursuant to paragraph (3)(d).
27 3. The department shall use the best available
28 information to define relationships between waters discharged
29 to, and the resulting water quality in, the Everglades
30 Protection Area. The department or the district shall use
31 these relationships to establish discharge limits in permits
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1 for discharges into the EAA canals and the Everglades
2 Protection Area necessary to prevent an imbalance in the
3 natural populations of aquatic flora or fauna in the
4 Everglades Protection Area, and to provide a net improvement
5 in the areas already impacted. During the implementation of
6 the initial phase of the Long-Term Plan, permits issued by the
7 department shall be based on BAPRT, and shall include
8 technology-based effluent limitations consistent with the
9 Long-Term Plan. Compliance with the phosphorus criterion shall
10 be based upon a long-term geometric mean of concentration
11 levels to be measured at sampling stations recognized from the
12 research to be reasonably representative of receiving waters
13 in the Everglades Protection Area, and so located so as to
14 assure that the Everglades Protection Area is not altered so
15 as to cause an imbalance in natural populations of aquatic
16 flora and fauna and to assure a net improvement in the areas
17 already impacted. For the Everglades National Park and the
18 Arthur R. Marshall Loxahatchee National Wildlife Refuge, the
19 method for measuring compliance with the phosphorus criterion
20 shall be in a manner consistent with Appendices A and B,
21 respectively, of the settlement agreement dated July 26, 1991,
22 entered in case No. 88-1886-Civ-Hoeveler, United States
23 District Court for the Southern District of Florida, that
24 recognizes and provides for incorporation of relevant
25 research.
26 4. The department's evaluation of any other water
27 quality standards must include the department's
28 antidegradation standards and EAA canal classifications. In
29 recognition of the special nature of the conveyance canals of
30 the EAA, as a component of the classification process, the
31 department is directed to formally recognize by rulemaking
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1 existing actual beneficial uses of the conveyance canals in
2 the EAA. This shall include recognition of the Class III
3 designated uses of recreation, propagation and maintenance of
4 a healthy, well-balanced population of fish and wildlife, the
5 integrated water management purposes for which the Central and
6 Southern Florida Flood Control Project was constructed, flood
7 control, conveyance of water to and from Lake Okeechobee for
8 urban and agricultural water supply, Everglades hydroperiod
9 restoration, conveyance of water to the STAs, and navigation.
10 (10) LONG-TERM COMPLIANCE PERMITS.--By December 31,
11 2006, the department and the district shall take such action
12 as may be necessary to implement the pre-2006 projects and
13 strategies of the Long-Term Plan so that water delivered to
14 the Everglades Protection Area achieves in all parts of the
15 Everglades Protection Area state water quality standards,
16 including the phosphorus criterion and moderating provisions.
17 (a) By December 31, 2003, the district shall submit to
18 the department an application for permit modification to
19 incorporate proposed changes to the Everglades Construction
20 Project and other district works delivering water to the
21 Everglades Protection Area as needed to implement the pre-2006
22 projects and strategies of the Long-Term Plan in all permits
23 issued by the department, including the permits issued
24 pursuant to subsection (9). These changes shall be designed to
25 achieve state water quality standards, including the
26 phosphorus criterion and moderating provisions, to the maximum
27 extent practicable. Under no circumstances shall the project
28 or strategy cause or contribute to violation of state water
29 quality standards. During the implementation of the initial
30 phase of the Long-Term Plan, permits issued by the department
31 shall be based on BAPRT, and shall include technology-based
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1 effluent limitations consistent with the Long-Term Plan, as
2 provided in subparagraph (4)(e)3.
3 (b) If the Everglades Construction Project or other
4 discharges to the Everglades Protection Area are in compliance
5 with state water quality standards, including the phosphorus
6 criterion, the permit application shall include:
7 1. A plan for maintaining compliance with the
8 phosphorus criterion in the Everglades Protection Area.
9 2. A plan for maintaining compliance in the Everglades
10 Protection Area with state water quality standards other than
11 the phosphorus criterion.
12 Section 19. Paragraph (b) of subsection (3) of section
13 373.1502, Florida Statutes, is amended to read:
14 373.1502 Regulation of comprehensive plan project
15 components.--
16 (3) REGULATION OF COMPREHENSIVE PLAN STRUCTURES AND
17 FACILITIES.--
18 (b) The department shall issue a permit for a term of
19 5 years for the construction, operation, modification, or
20 maintenance of a project component based on the criteria set
21 forth in this section. If the department is the entity
22 responsible for the construction, operation, modification, or
23 maintenance of any individual project component, the district
24 shall issue a permit for a term of 5 years based on the
25 criteria set forth in this section. The permit application
26 must provide reasonable assurances that:
27 1. The project component will achieve the design
28 objectives set forth in the detailed design documents
29 submitted as part of the application.
30 2. State water quality standards, including water
31 quality criteria and moderating provisions will be met to the
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1 maximum extent practicable. Under no circumstances shall the
2 project component cause or contribute to violation of state
3 water quality standards.
4 3. Discharges from the project component will not pose
5 a serious danger to public health, safety, or welfare.
6 4. Any impacts to wetlands or threatened or endangered
7 species resulting from implementation of the project component
8 will be avoided, minimized, and mitigated, as appropriate.
9 Section 20. Paragraph (a) of subsection (2), and
10 subsections (1), (11), and (12) of section 201.15, Florida
11 Statutes, are reenacted to read:
12 201.15 Distribution of taxes collected.--All taxes
13 collected under this chapter shall be distributed as follows
14 and shall be subject to the service charge imposed in s.
15 215.20(1), except that such service charge shall not be levied
16 against any portion of taxes pledged to debt service on bonds
17 to the extent that the amount of the service charge is
18 required to pay any amounts relating to the bonds:
19 (1) Sixty-two and sixty-three hundredths percent of
20 the remaining taxes collected under this chapter shall be used
21 for the following purposes:
22 (a) Amounts as shall be necessary to pay the debt
23 service on, or fund debt service reserve funds, rebate
24 obligations, or other amounts payable with respect to
25 Preservation 2000 bonds issued pursuant to s. 375.051 and
26 Florida Forever bonds issued pursuant to s. 215.618, shall be
27 paid into the State Treasury to the credit of the Land
28 Acquisition Trust Fund to be used for such purposes. The
29 amount transferred to the Land Acquisition Trust Fund for such
30 purposes shall not exceed $300 million in fiscal year
31 1999-2000 and thereafter for Preservation 2000 bonds and bonds
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1 issued to refund Preservation 2000 bonds, and $300 million in
2 fiscal year 2000-2001 and thereafter for Florida Forever
3 bonds. The annual amount transferred to the Land Acquisition
4 Trust Fund for Florida Forever bonds shall not exceed $30
5 million in the first fiscal year in which bonds are issued.
6 The limitation on the amount transferred shall be increased by
7 an additional $30 million in each subsequent fiscal year, but
8 shall not exceed a total of $300 million in any fiscal year
9 for all bonds issued. It is the intent of the Legislature that
10 all bonds issued to fund the Florida Forever Act be retired by
11 December 31, 2030. Except for bonds issued to refund
12 previously issued bonds, no series of bonds may be issued
13 pursuant to this paragraph unless such bonds are approved and
14 the debt service for the remainder of the fiscal year in which
15 the bonds are issued is specifically appropriated in the
16 General Appropriations Act. For purposes of refunding
17 Preservation 2000 bonds, amounts designated within this
18 section for Preservation 2000 and Florida Forever bonds may be
19 transferred between the two programs to the extent provided
20 for in the documents authorizing the issuance of the bonds.
21 The Preservation 2000 bonds and Florida Forever bonds shall be
22 equally and ratably secured by moneys distributable to the
23 Land Acquisition Trust Fund pursuant to this section, except
24 to the extent specifically provided otherwise by the documents
25 authorizing the issuance of the bonds. No moneys transferred
26 to the Land Acquisition Trust Fund pursuant to this paragraph,
27 or earnings thereon, shall be used or made available to pay
28 debt service on the Save Our Coast revenue bonds.
29 (b) The remainder of the moneys distributed under this
30 subsection, after the required payment under paragraph (a),
31 shall be paid into the State Treasury to the credit of the
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1 Save Our Everglades Trust Fund in amounts necessary to pay
2 debt service, provide reserves, and pay rebate obligations and
3 other amounts due with respect to bonds issued under s.
4 215.619.
5 (c) The remainder of the moneys distributed under this
6 subsection, after the required payments under paragraphs (a)
7 and (b), shall be paid into the State Treasury to the credit
8 of the Land Acquisition Trust Fund and may be used for any
9 purpose for which funds deposited in the Land Acquisition
10 Trust Fund may lawfully be used. Payments made under this
11 paragraph shall continue until the cumulative amount credited
12 to the Land Acquisition Trust Fund for the fiscal year under
13 this paragraph and paragraph (2)(b) equals 70 percent of the
14 current official forecast for distributions of taxes collected
15 under this chapter pursuant to subsection (2). As used in this
16 paragraph, the term "current official forecast" means the most
17 recent forecast as determined by the Revenue Estimating
18 Conference. If the current official forecast for a fiscal year
19 changes after payments under this paragraph have ended during
20 that fiscal year, no further payments are required under this
21 paragraph during the fiscal year.
22 (d) The remainder of the moneys distributed under this
23 subsection, after the required payments under paragraphs (a),
24 (b), and (c), shall be paid into the State Treasury to the
25 credit of the General Revenue Fund of the state to be used and
26 expended for the purposes for which the General Revenue Fund
27 was created and exists by law or to the Ecosystem Management
28 and Restoration Trust Fund or to the Marine Resources
29 Conservation Trust Fund as provided in subsection (11).
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1 (2) Seven and fifty-six hundredths percent of the
2 remaining taxes collected under this chapter shall be used for
3 the following purposes:
4 (a) Beginning in the month following the final payment
5 for a fiscal year under paragraph (1)(c), available moneys
6 shall be paid into the State Treasury to the credit of the
7 General Revenue Fund of the state to be used and expended for
8 the purposes for which the General Revenue Fund was created
9 and exists by law or to the Ecosystem Management and
10 Restoration Trust Fund or to the Marine Resources Conservation
11 Trust Fund as provided in subsection (11). Payments made under
12 this paragraph shall continue until the cumulative amount
13 credited to the General Revenue Fund for the fiscal year under
14 this paragraph equals the cumulative payments made under
15 paragraph (1)(c) for the same fiscal year.
16 (11) From the moneys specified in paragraphs (1)(d)
17 and (2)(a) and prior to deposit of any moneys into the General
18 Revenue Fund, $30 million shall be paid into the State
19 Treasury to the credit of the Ecosystem Management and
20 Restoration Trust Fund in fiscal year 2000-2001 and each
21 fiscal year thereafter, to be used for the preservation and
22 repair of the state's beaches as provided in ss.
23 161.091-161.212, and $2 million shall be paid into the State
24 Treasury to the credit of the Marine Resources Conservation
25 Trust Fund to be used for marine mammal care as provided in s.
26 370.0603(3).
27 (12) The Department of Revenue may use the payments
28 credited to trust funds pursuant to paragraphs (1)(c) and
29 (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and
30 (10) to pay the costs of the collection and enforcement of the
31 tax levied by this chapter. The percentage of such costs which
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1 may be assessed against a trust fund is a ratio, the numerator
2 of which is payments credited to that trust fund under this
3 section and the denominator of which is the sum of payments
4 made under paragraphs (1)(c) and (2)(b) and subsections (3),
5 (4), (5), (6), (7), (8), (9), and (10).
6 Section 21. Section 215.619, Florida Statutes, is
7 reenacted to read:
8 215.619 Bonds for Everglades restoration.--
9 (1) The issuance of Everglades restoration bonds to
10 finance or refinance the cost of acquisition and improvement
11 of land, water areas, and related property interests and
12 resources for the purpose of implementing the Comprehensive
13 Everglades Restoration Plan under s. 373.470 is authorized in
14 accordance with s. 11(e), Art. VII of the State Constitution.
15 Everglades restoration bonds, except refunding bonds, may be
16 issued only in fiscal years 2002-2003 through 2009-2010 and
17 may not be issued in an amount exceeding $100 million per
18 fiscal year unless the Department of Environmental Protection
19 has requested additional amounts in order to achieve cost
20 savings or accelerate the purchase of land. The duration of
21 Everglades restoration bonds may not exceed 20 annual
22 maturities, and those bonds must mature by December 31, 2030.
23 Except for refunding bonds, a series of bonds may not be
24 issued unless an amount equal to the debt service coming due
25 in the year of issuance has been appropriated by the
26 Legislature.
27 (2) The state covenants with the holders of Everglades
28 restoration bonds that it will not take any action that will
29 materially and adversely affect the rights of the holders so
30 long as the bonds are outstanding, including, but not limited
31 to, a reduction in the portion of documentary stamp taxes
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1 distributable under s. 201.15(1) for payment of debt service
2 on Preservation 2000 bonds, Florida Forever bonds, or
3 Everglades restoration bonds.
4 (3) Everglades restoration bonds are payable from, and
5 secured by a first lien on, taxes distributable under s.
6 201.15(1)(b) and do not constitute a general obligation of, or
7 a pledge of the full faith and credit of, the state.
8 Everglades restoration bonds are junior and subordinate to
9 bonds secured by moneys distributable under s. 201.15(1)(a).
10 (4) The Department of Environmental Protection shall
11 request the Division of Bond Finance of the State Board of
12 Administration to issue Everglades restoration bonds under the
13 State Bond Act in an amount supported by projected
14 expenditures of the recipients of the proceeds of the bonds.
15 The Department of Environmental Protection shall coordinate
16 with the Division of Bond Finance to issue the bonds in a
17 cost-effective manner consistent with cash needs.
18 (5) The proceeds of Everglades restoration bonds, less
19 the costs of issuance, the costs of funding reserve accounts,
20 and other costs with respect to the bonds, shall be deposited
21 into the Save Our Everglades Trust Fund. The bond proceeds
22 deposited into the Save Our Everglades Trust Fund shall be
23 distributed by the Department of Environmental Protection as
24 provided in s. 373.470.
25 (6) Lands purchased using bond proceeds under this
26 paragraph which are later determined by the South Florida
27 Water Management District and the Department of Environmental
28 Protection as not needed to implement the comprehensive plan,
29 shall either be surplused at no less than appraised value, and
30 the proceeds from the sale of such lands shall be deposited
31 into the Save Our Everglades Trust Fund to be used to
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1 implement the comprehensive plan, or the South Florida Water
2 Management District shall use a different source of funds to
3 pay for or reimburse the Save Our Everglades Trust Fund for
4 that portion of land not needed to implement the comprehensive
5 plan.
6 (7) There may not be any sale, disposition, lease,
7 easement, license, or other use of any land, water areas, or
8 related property interests acquired or improved with proceeds
9 of Everglades restoration bonds which would cause all or any
10 portion of the interest on the bonds to be included in gross
11 income for federal income tax purposes.
12 (8) Any complaint for validation of bonds issued under
13 this section may be filed only in the circuit court of the
14 county where the seat of state government is situated. The
15 notice required to be published by s. 75.06 may be published
16 only in the county where the complaint is filed, and the
17 complaint and order of the circuit court need be served only
18 on the state attorney of the circuit in which the action is
19 pending.
20 Section 22. Subsections (4), (5), and (6) of section
21 373.470, Florida Statutes, are reenacted to read:
22 373.470 Everglades restoration.--
23 (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED
24 FOR DEPOSIT.--The following funds may be deposited into the
25 Save Our Everglades Trust Fund created by s. 373.472 to
26 finance implementation of the comprehensive plan:
27 (a) In fiscal year 2000-2001, funds described in s.
28 259.101(3).
29 (b) Funds described in subsection (5).
30 (c) Federal funds appropriated by Congress for
31 implementation of the comprehensive plan.
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1 (d) Any additional funds appropriated by the
2 Legislature for the purpose of implementing the comprehensive
3 plan.
4 (e) Gifts designated for implementation of the
5 comprehensive plan from individuals, corporations, or other
6 entities.
7 (f) Funds made available pursuant to s. 201.15 for
8 debt service for Everglades restoration bonds.
9 (5) SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
10 (a)1. For fiscal year 2000-2001, $50 million of state
11 funds shall be deposited into the Save Our Everglades Trust
12 Fund created by s. 373.472.
13 2. For each year of the 9 consecutive years beginning
14 with fiscal year 2001-2002, $75 million of state funds shall
15 be deposited into the Save Our Everglades Trust Fund created
16 by s. 373.472.
17 3. As an alternative to subparagraph 2., proceeds of
18 bonds issued under s. 215.619 may be deposited into the Save
19 Our Everglades Trust Fund created under s. 373.472. To
20 enhance flexibility, funds to be deposited into the Save Our
21 Everglades Trust Fund may consist of any combination of state
22 funds and Everglades restoration bonds.
23 (b) For each year of the 2 consecutive years beginning
24 with fiscal year 2000-2001, the department shall deposit $25
25 million of the funds allocated to the district by the
26 department under s. 259.105(11)(a) into the Save Our
27 Everglades Trust Fund created by s. 373.472.
28 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST
29 FUND.--
30 (a) Except for funds appropriated for debt service,
31 the department shall distribute funds in the Save Our
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1 Everglades Trust Fund to the district in accordance with a
2 legislative appropriation and s. 373.026(8)(b) and (c).
3 Distribution of funds from the Save Our Everglades Trust Fund
4 shall be equally matched by the cumulative contributions from
5 all local sponsors by fiscal year 2009-2010 by providing
6 funding or credits toward project components. The dollar value
7 of in-kind work by local sponsors in furtherance of the
8 comprehensive plan and existing interest in public lands
9 needed for a project component are credits towards the local
10 sponsors' contributions.
11 (b) The department shall distribute funds in the Save
12 Our Everglades Trust Fund to the district in accordance with a
13 legislative appropriation for debt service for Everglades
14 restoration bonds.
15 Section 23. Subsection (1) of section 373.472, Florida
16 Statutes, is reenacted to read:
17 373.472 Save Our Everglades Trust Fund.--
18 (1) There is created within the Department of
19 Environmental Protection the Save Our Everglades Trust Fund.
20 Funds in the trust fund shall be expended to implement the
21 comprehensive plan defined in s. 373.470(2)(a) and pay debt
22 service for Everglades restoration bonds issued pursuant to s.
23 215.619. The trust fund shall serve as the repository for
24 state, local, and federal project contributions in accordance
25 with s. 373.470(4).
26 Section 24. Section 6 of chapter 2002-261, Laws of
27 Florida, is reenacted to read:
28 Section 6. In accordance with s. 215.98(1), the
29 Legislature determines that the issuance of Everglades
30 restoration bonds under section 2 of this act is in the best
31 interest of the state and should be implemented.
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1 Section 25. If any law amended by this act was also
2 amended by a law enacted at the 2003 Regular Session of the
3 Legislature, such laws shall be construed as if they had been
4 enacted during the same session of the Legislature, and full
5 effect shall be given to each if possible.
6 Section 26. Except as otherwise expressly provided in
7 this act, this act shall take effect July 1, 2003.
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