| 1 | The Committee on Natural Resources recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Florida Forever Act; amending s. |
| 7 | 259.105, F.S.; providing for vesting of title to property |
| 8 | acquired in partnership with a local government at the |
| 9 | discretion of the Board of Trustees of the Internal |
| 10 | Improvement Trust Fund; requiring local governments to |
| 11 | financially contribute to the purchase of property before |
| 12 | title may be jointly vested; requiring a local |
| 13 | government's vested title interest to be commensurate with |
| 14 | the local government's financial contribution; providing |
| 15 | requirements for purchase agreements for jointly vested |
| 16 | lands; providing requirements for title deeds for jointly |
| 17 | vested lands; requiring the Department of Environmental |
| 18 | Protection to determine the feasibility of retroactively |
| 19 | applying jointly vested title to land purchases completed |
| 20 | under the Preservation 2000 and Florida Forever programs; |
| 21 | requiring that written recommendations be submitted by the |
| 22 | department to the President of the Senate, the Speaker of |
| 23 | the House of Representatives, and certain committees of |
| 24 | the Legislature; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Paragraph (c) of subsection (7) of section |
| 29 | 259.105, Florida Statutes, is amended to read: |
| 30 | 259.105 The Florida Forever Act.-- |
| 31 | (7) |
| 32 | (c)1. The title to lands acquired under this section shall |
| 33 | vest in the Board of Trustees of the Internal Improvement Trust |
| 34 | Fund, except that title to lands acquired by a water management |
| 35 | district shall vest in the name of that district and lands |
| 36 | acquired by a local government shall vest in the name of the |
| 37 | purchasing local government. The board may, at the request of a |
| 38 | local government, agree to jointly or concurrently share title |
| 39 | with a local government that has contributed funds in an amount |
| 40 | equal to or greater than 25 percent of the purchase price of the |
| 41 | property being jointly acquired. The title interest must be |
| 42 | commensurate with the financial contribution of the local |
| 43 | government. Purchase agreements for lands to be jointly or |
| 44 | concurrently vested in the state and a local government must |
| 45 | identify the long-term uses and management goals of the property |
| 46 | and must contain covenants, reverter clauses, or other |
| 47 | restrictions as are necessary to protect the interest of the |
| 48 | citizens of the state. Any covenants, reverter clauses, or |
| 49 | restrictions contained in the purchase agreement also must be |
| 50 | contained in the property deed. |
| 51 | 2. By October 1, 2005, the department shall determine the |
| 52 | feasibility and cost of retroactively applying the title-sharing |
| 53 | provisions of this paragraph to lands jointly acquired with |
| 54 | local governments under the Preservation 2000 and the Florida |
| 55 | Forever programs, notwithstanding the provisions of this |
| 56 | paragraph and s. 259.101(3). The department must include the |
| 57 | effects of title sharing on the bond covenants of the |
| 58 | Preservation 2000 and the Florida Forever programs. By December |
| 59 | 1, 2005, the department's written recommendations on the |
| 60 | feasibility of retroactively applying the title-sharing |
| 61 | provisions of this paragraph shall be submitted to the President |
| 62 | of the Senate, the Speaker of the House of Representatives, and |
| 63 | the appropriate substantive and appropriations committees of the |
| 64 | Senate and the House of Representatives. |
| 65 | Section 2. This act shall take effect upon becoming a law. |