Senate Bill sb0242

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    Florida Senate - 2005                                   SB 242

    By Senator Dockery





    15-187-05

  1                      A bill to be entitled

  2         An act relating to rural land protection;

  3         amending s. 570.70, F.S.; providing conclusions

  4         of a study by the Department of Agriculture and

  5         Consumer Services; amending s. 201.15, F.S.;

  6         providing for the distribution of certain

  7         excise taxes on documents to the Rural Lands

  8         Program Trust Fund of the department; creating

  9         s. 215.6195, F.S.; authorizing the issuance of

10         bonds for rural land protection; providing

11         certain conditions; providing for the deposit

12         of proceeds; providing that issuance of such

13         bonds is in the best interest of the state;

14         amending s. 570.207, F.S.; providing uses for

15         funds in the Conservation and Recreation Lands

16         Program Trust Fund; amending s. 570.71, F.S.;

17         authorizing the use of rural land protection

18         bonds to implement provisions relating to

19         conservation and rural land protection

20         easements and agreements; authorizing the

21         Department of Agriculture and Consumer Services

22         to grant municipalities and local governments

23         moneys to acquire land, enter into resource

24         conservation agreements, and undertake other

25         related activities; providing for conservation

26         easements to be held in the name of a local

27         government; providing a contingent effective

28         date.

29  

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

31  

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 1         Section 1.  Section 570.70, Florida Statutes, is

 2  amended to read:

 3         570.70  Legislative findings; study.--

 4         (1)  The Legislature finds and declares that:

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

 6  agricultural base, healthy natural environment, and viable

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

 8  also include the largest remaining intact ecosystems and best

 9  examples of remaining wildlife habitats as well as a majority

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

11  agencies for natural resource protection.

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

13  in agricultural and rural lands being converted into

14  residential or commercial development.

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

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

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

18         (d)(4)  There is The Legislature further recognizes the

19  need for enhancing the ability of rural landowners to obtain

20  economic value from their property, protecting rural

21  character, controlling urban sprawl, and providing necessary

22  open space for agriculture and the natural environment, and

23  the importance of maintaining and protecting Florida's rural

24  economy through innovative planning and development strategies

25  in rural areas and the use of incentives that reward

26  landowners for good stewardship of land and natural resources.

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

28  public protection lands that serve to limit subdivision and

29  conversion of agricultural and natural areas that provide

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

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

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    Florida Senate - 2005                                   SB 242
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 1  less-than-fee acquisitions, agricultural protection

 2  agreements, and resource conservation agreements and

 3  innovative planning and development strategies in rural areas.

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

 5  and prioritize needs for implementing this section and s.

 6  570.71 concluded the following:

 7         (a)  Between 1964 and 1997, this state lost nearly 5

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

 9  loss involving ranch and forest lands.

10         (b)  This state currently has 9,114,000 acres of

11  agricultural land with natural resource attributes, including

12  groundwater recharge, natural floodplain, and significant

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

14  be converted to other uses within a decade.

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

16  land with natural resource value through conservation

17  easements and other tools should be the protection of 1 acre

18  for every acre lost.

19         Section 2.  Paragraph (d) of subsection (1) of section

20  201.15, Florida Statutes, is amended to read:

21         201.15  Distribution of taxes collected.--All taxes

22  collected under this chapter shall be distributed as follows

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

24  215.20(1), except that such service charge shall not be levied

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

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

27  required to pay any amounts relating to the bonds:

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

29  the remaining taxes collected under this chapter shall be used

30  for the following purposes:

31  

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

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

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

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

 5  expended for the purposes for which the General Revenue Fund

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

 7  and Restoration Trust Fund or to the Marine Resources

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

 9  the Rural Lands Program Trust Fund of the Department of

10  Agriculture and Consumer Services as provided in s. 215.6195.

11  Moneys available under this paragraph shall first be used to

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

13  make any other payments required by the bond documents

14  authorizing the issuance before such moneys are used for other

15  purposes authorized by this paragraph.

16         Section 3.  Section 215.6195, Florida Statutes, is

17  created to read:

18         215.6195  Bonds for rural land protection.--

19         (1)  The issuance of rural land protection bonds is

20  authorized. The rural land protection bonds may be issued over

21  the next 10 fiscal years commencing on July 1, 2005, in an

22  amount not exceeding $50 million in any fiscal year, subject

23  to s. 570.71 and s. 11(e), Art. VII of the State Constitution.

24  The duration of each series of bonds issued may not exceed 20

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

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

27  service coming due in the year of issuance has been

28  specifically appropriated in the General Appropriations Act.

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

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

31  materially and adversely affect the rights of such holders so

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

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

 3  distributable to the Rural Lands Program Trust Fund of the

 4  Department of Agriculture and Consumer Services for payment of

 5  debt service.

 6         (3)  Bonds issued under this section shall be payable

 7  from taxes distributable to the Rural Lands Program Trust Fund

 8  of the Department of Agriculture and Consumer Services under

 9  s. 201.15(1)(d). Bonds issued under this section do not

10  constitute a general obligation of, or a pledge of the full

11  faith and credit of, the state.

12         (4)  The Department of Agriculture and Consumer

13  Services shall request the Division of Bond Finance of the

14  State Board of Administration to issue the rural land

15  protection bonds authorized by this section. The Division of

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

17  Act.

18         (5)  The proceeds from the sale of bonds issued under

19  this section, less the costs of issuance, the costs of funding

20  reserve accounts, and other costs with respect to the bonds,

21  shall be deposited into the Conservation and Recreation Lands

22  Program Trust Fund of the Department of Agriculture and

23  Consumer Services as provided in s. 570.71.

24         (6)  The sale, disposition, lease, easement, license,

25  or other use of any land, water areas, or related property

26  interests acquired or improved with proceeds of rural land

27  protection bonds which would cause all or any portion of the

28  interest of such bonds to lose the exclusion from gross income

29  for federal income tax purposes is prohibited.

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

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

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 1  be validated under s. 215.82. Any complaint for validation of

 2  bonds issued under this section shall be filed only in the

 3  circuit court of the county where the seat of state government

 4  is situated, the notice required to be published by s. 75.06

 5  shall be published only in the county where the complaint is

 6  filed, and the complaint and order of the circuit court shall

 7  be served only on the state attorney of the circuit in which

 8  the action is pending.

 9         Section 4.  In accordance with section 215.98(1),

10  Florida Statutes, the Legislature determines that the issuance

11  of rural land protection bonds under section 3 of this act is

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

13         Section 5.  Subsection (1) of section 570.207, Florida

14  Statutes, is amended to read:

15         570.207  Conservation and Recreation Lands Program

16  Trust Fund of the Department of Agriculture and Consumer

17  Services.--

18         (1)  There is created a Conservation and Recreation

19  Lands Program Trust Fund within the Department of Agriculture

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

21  provide for the management of conservation and recreation

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

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

24  department may use not more than one-half of 1 percent of the

25  bond proceeds deposited into the trust fund for administrative

26  purposes. Funds may be appropriated to the trust fund from the

27  Conservation and Recreation Lands Trust Fund in the Department

28  of Environmental Protection, as created by s. 259.032(2), or

29  from such other sources as the Legislature may determine for

30  the management of conservation and recreation lands by the

31  department. Additionally, subject to s. 11(e), Art. VII of the

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 1  State Constitution, the department may use bond proceeds

 2  deposited under s. 215.6195 and funds from such other sources

 3  as the Legislature determines for acquiring conservation

 4  easements and rural land protection easements and for funding

 5  agricultural protection agreements and resource conservation

 6  agreements pursuant to s. 570.71.

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

 8  Statutes, is amended, and subsection (15) is added to that

 9  section, to read:

10         570.71  Conservation easements and agreements.--

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

12  the following sources to implement this act:

13         (a)  State funds;

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

15  215.6195;

16         (c)(b)  Federal funds;

17         (d)(c)  Other governmental entities;

18         (e)(d)  Nongovernmental organizations; or

19         (f)(e)  Private individuals.

20  

21  Any such funds provided shall be deposited into the

22  Conservation and Recreation Lands Program Trust Fund within

23  the Department of Agriculture and Consumer Services and used

24  for the purposes of this act.

25         (15)  The department may grant municipalities and

26  counties a portion of moneys available for the purposes of

27  this section to acquire perpetual, less-than-fee interest in

28  land, to enter into agricultural protection agreements, and to

29  enter into resource conservation agreements, as defined by and

30  for the public purposes set forth in this section. The

31  department shall adopt rules that provide for a grants program

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 1  to fund local government acquisition projects that are

 2  consistent with the appropriate local government comprehensive

 3  plan and that encourage the use of matching federal and local

 4  government funding to acquire conservation easements,

 5  agricultural protection agreements, and resource protection

 6  agreements. The department may enter into management

 7  agreements with municipalities and counties for the purpose of

 8  administering resource conservation agreements and

 9  agricultural protection agreements. Conservation easements

10  purchased by local governments under this subsection may be

11  held in the name of the local government.

12         Section 7.  This act shall take effect July 1, 2005, if

13  Senate Bill ____, or similar legislation creating the Rural

14  Lands Program Trust Fund, is adopted in the same legislative

15  session or an extension thereof and becomes law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Provides conclusions of a study by the Department of
      Agriculture and Consumer Services. Provides for
20    distributing certain excise taxes on documents to the
      Rural Lands Program Trust Fund of the department.
21    Authorizes the issuance of bonds for rural land
      protection. Provides for the deposit of proceeds.
22    Provides that issuance of such bonds is in the best
      interest of the state. Provides uses for funds in the
23    Conservation and Recreation Lands Program Trust Fund.
      Authorizes the use of rural land protection bonds to
24    implement provisions relating to conservation and rural
      land protection easements and agreements.
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