Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1226
Barcode 144020
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation (Dockery)
12 recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Paragraph (e) of subsection (1) and
19 subsections (2), (11), and (13) of section 201.15, Florida
20 Statutes, are 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 (e) The remainder of the moneys distributed under this
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1 subsection, after the required payments under paragraphs (a),
2 (b), (c), and (d), shall be paid into the State Treasury to
3 the credit of the General Revenue Fund of the state to be used
4 and expended for the purposes for which the General Revenue
5 Fund was created and exists by law or to the Ecosystem
6 Management and Restoration Trust Fund, or to the Marine
7 Resources Conservation Trust Fund, or the Florida Forever
8 Trust Fund, as provided in subsection (11).
9 (2) Seven and fifty-six hundredths percent of the
10 remaining taxes collected under this chapter shall be used for
11 the following purposes:
12 (a) Beginning in the month following the final payment
13 for a fiscal year under paragraph (1)(c), available moneys
14 shall be paid into the State Treasury to the credit of the
15 General Revenue Fund of the state to be used and expended for
16 the purposes for which the General Revenue Fund was created
17 and exists by law or to the Ecosystem Management and
18 Restoration Trust Fund, or to the Marine Resources
19 Conservation Trust Fund, or the Florida Forever Trust Fund, as
20 provided in subsection (11). Payments made under this
21 paragraph shall continue until the cumulative amount credited
22 to the General Revenue Fund for the fiscal year under this
23 paragraph equals the cumulative payments made under paragraph
24 (1)(c) for the same fiscal year.
25 (b) The remainder of the moneys distributed under this
26 subsection shall be paid into the State Treasury to the credit
27 of the Land Acquisition Trust Fund. Sums deposited in the fund
28 pursuant to this subsection may be used for any purpose for
29 which funds deposited in the Land Acquisition Trust Fund may
30 lawfully be used.
31 (11)(a) From the moneys specified in paragraphs (1)(e)
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1 (1)(d) and (2)(a) and prior to deposit of any moneys into the
2 General Revenue Fund, $30 million shall be paid into the State
3 Treasury to the credit of the Ecosystem Management and
4 Restoration Trust Fund in fiscal year 2000-2001 and each
5 fiscal year thereafter, to be used for the preservation and
6 repair of the state's beaches as provided in ss.
7 161.091-161.212, and $2 million shall be paid into the State
8 Treasury to the credit of the Marine Resources Conservation
9 Trust Fund to be used for marine mammal care as provided in s.
10 370.0603(3).
11 (b) For the 2006-2007 fiscal year, prior to deposit of
12 any moneys into the General Revenue Fund authorized in this
13 subsection, the sum of $310 million shall be paid into the
14 State Treasury to the credit of the Florida Forever Trust
15 Fund, to be used for the purchase of the Babcock Crescent B
16 Ranch as provided in s. 259.1052.
17 (13) The distribution of proceeds deposited into the
18 Water Management Lands Trust Fund and the Conservation and
19 Recreation Lands Trust Fund, pursuant to subsections (4) and
20 (5), shall not be used for land acquisition, but may be used
21 for preacquisition costs associated with land purchases. The
22 Legislature intends that the Florida Forever program supplant
23 the acquisition programs formerly authorized under ss. 259.032
24 and 373.59. Prior to the 2005 Regular Session of the
25 Legislature, the Acquisition and Restoration Council shall
26 review and make recommendations to the Legislature concerning
27 the need to repeal this provision. Based on these
28 recommendations, the Legislature shall review the need to
29 repeal this provision during the 2005 Regular Session.
30 Section 2. Effective July 1, 2007, paragraph (e) of
31 subsection (1) and subsections (2), (11), and (13) of section
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1 201.15, Florida Statutes, as amended by section 1 of chapter
2 2005-92, Laws of Florida, and as amended by this act, are
3 amended to read:
4 201.15 Distribution of taxes collected.--All taxes
5 collected under this chapter shall be distributed as follows
6 and shall be subject to the service charge imposed in s.
7 215.20(1), except that such service charge shall not be levied
8 against any portion of taxes pledged to debt service on bonds
9 to the extent that the amount of the service charge is
10 required to pay any amounts relating to the bonds:
11 (1) Sixty-two and sixty-three hundredths percent of
12 the remaining taxes collected under this chapter shall be used
13 for the following purposes:
14 (e) The remainder of the moneys distributed under this
15 subsection, after the required payments under paragraphs (a),
16 (b), (c), and (d) shall be paid into the State Treasury to the
17 credit of the General Revenue Fund to be used and expended for
18 the purposes for which the General Revenue Fund was created
19 and exists by law or to the Ecosystem Management and
20 Restoration Trust Fund or, the Marine Resources Conservation
21 Trust Fund, or the Florida Forever Trust Fund, as provided in
22 subsection (11).
23 (2) The lesser of seven and fifty-six hundredths
24 percent of the remaining taxes collected under this chapter or
25 $84.9 million in each fiscal year shall be used for the
26 following purposes:
27 (a) Beginning in the month following the final payment
28 for a fiscal year under paragraph (1)(c), available moneys
29 shall be paid into the State Treasury to the credit of the
30 General Revenue Fund to be used and expended for the purposes
31 for which the General Revenue Fund was created and exists by
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1 law or to the Ecosystem Management and Restoration Trust Fund
2 or, the Marine Resources Conservation Trust Fund, or the
3 Florida Forever Trust Fund, as provided in subsection (11).
4 Payments made under this paragraph shall continue until the
5 cumulative amount credited to the General Revenue Fund for the
6 fiscal year under this paragraph equals the cumulative
7 payments made under paragraph (1)(c) for the same fiscal year.
8 (b) The remainder of the moneys distributed under this
9 subsection shall be paid into the State Treasury to the credit
10 of the Land Acquisition Trust Fund. Sums deposited in the fund
11 pursuant to this subsection may be used for any purpose for
12 which funds deposited in the Land Acquisition Trust Fund may
13 lawfully be used.
14 (11)(a) From the moneys specified in paragraphs (1)(e)
15 and (2)(a) and prior to deposit of any moneys into the General
16 Revenue Fund, $30 million shall be paid into the State
17 Treasury to the credit of the Ecosystem Management and
18 Restoration Trust Fund in fiscal year 2000-2001 and each
19 fiscal year thereafter, to be used for the preservation and
20 repair of the state's beaches as provided in ss.
21 161.091-161.212, and $2 million shall be paid into the State
22 Treasury to the credit of the Marine Resources Conservation
23 Trust Fund to be used for marine mammal care as provided in s.
24 370.0603(3).
25 (b) For the 2006-2007 fiscal year, prior to deposit of
26 any moneys into the General Revenue Fund authorized in this
27 subsection, the sum of $310 million shall be paid into the
28 State Treasury to the credit of the Florida Forever Trust
29 Fund, to be used for the purchase of the Babcock Crescent B
30 Ranch Florida Forever acquisition authorized in s. 259.1052.
31 (13) The distribution of proceeds deposited into the
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1 Water Management Lands Trust Fund and the Conservation and
2 Recreation Lands Trust Fund, pursuant to subsections (4) and
3 (5), shall not be used for land acquisition, but may be used
4 for preacquisition costs associated with land purchases. The
5 Legislature intends that the Florida Forever program supplant
6 the acquisition programs formerly authorized under ss. 259.032
7 and 373.59. Prior to the 2005 Regular Session of the
8 Legislature, the Acquisition and Restoration Council shall
9 review and make recommendations to the Legislature concerning
10 the need to repeal this provision. Based on these
11 recommendations, the Legislature shall review the need to
12 repeal this provision during the 2005 Regular Session.
13 Section 3. Paragraph (b) of subsection (2), paragraphs
14 (e) and (f) of subsection (9), paragraph (d) of subsection
15 (10), and paragraph (b) of subsection (11) of section 259.032,
16 Florida Statutes, are amended to read:
17 259.032 Conservation and Recreation Lands Trust Fund;
18 purpose.--
19 (2)
20 (b) There shall annually be transferred from the
21 Conservation and Recreation Lands Trust Fund to the Land
22 Acquisition Trust Fund that amount, not to exceed $20 million
23 annually, as shall be necessary to pay the debt service on, or
24 fund debt service reserve funds, rebate obligations, or other
25 amounts with respect to bonds issued pursuant to s. 375.051 to
26 acquire lands on the established priority list developed
27 pursuant to ss. 259.101(4) and 259.105 this section; however,
28 no moneys transferred to the Land Acquisition Trust Fund
29 pursuant to this paragraph, or earnings thereon, shall be used
30 or made available to pay debt service on the Save Our Coast
31 revenue bonds. Amounts transferred annually from the
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1 Conservation and Recreation Lands Trust Fund to the Land
2 Acquisition Trust Fund pursuant to this paragraph shall have
3 the highest priority over other payments or transfers from the
4 Conservation and Recreation Lands Trust Fund, and no other
5 payments or transfers shall be made from the Conservation and
6 Recreation Lands Trust Fund until such transfers to the Land
7 Acquisition Trust Fund have been made. Effective July 1, 2001,
8 Moneys in the Conservation and Recreation Lands Trust Fund
9 also shall be used to manage lands and to pay for related
10 costs, activities, and functions pursuant to the provisions of
11 this section.
12 (9) All lands managed under this chapter and s.
13 253.034 shall be:
14 (e) Concurrent with the approval of the acquisition
15 contract pursuant to s. 259.041(3)(c) for any interest in
16 lands except those lands being acquired under the provisions
17 of s. 259.1052, the board of trustees shall designate an
18 agency or agencies to manage such lands. The board and shall
19 evaluate and amend, as appropriate, the management policy
20 statement for the project as provided by s. 259.035,
21 consistent with the purposes for which the lands are acquired.
22 For any fee simple acquisition of a parcel which is or will be
23 leased back for agricultural purposes, or any acquisition of a
24 less-than-fee interest in land that is or will be used for
25 agricultural purposes, the Board of Trustees of the Internal
26 Improvement Trust Fund shall first consider having a soil and
27 water conservation district, created pursuant to chapter 582,
28 manage and monitor such interests.
29 (f) State agencies designated to manage lands acquired
30 under this chapter except those lands acquired under s.
31 259.1052 may contract with local governments and soil and
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1 water conservation districts to assist in management
2 activities, including the responsibility of being the lead
3 land manager. Such land management contracts may include a
4 provision for the transfer of management funding to the local
5 government or soil and water conservation district from the
6 Conservation and Recreation Lands Trust Fund in an amount
7 adequate for the local government or soil and water
8 conservation district to perform its contractual land
9 management responsibilities and proportionate to its
10 responsibilities, and which otherwise would have been expended
11 by the state agency to manage the property.
12 (10)
13 (d)1. For each project for which lands are acquired
14 after July 1, 1995, an individual management plan shall be
15 adopted and in place no later than 1 year after the essential
16 parcel or parcels identified in the priority list developed
17 pursuant to ss. 259.101(4) and 259.105 in the annual
18 Conservation and Recreation Lands report prepared pursuant to
19 s. 259.035(2)(a) have been acquired. Beginning in fiscal year
20 1998-1999, The Department of Environmental Protection shall
21 distribute only 75 percent of the acquisition funds to which a
22 budget entity or water management district would otherwise be
23 entitled from the Preservation 2000 Trust Fund to any budget
24 entity or any water management district that has more than
25 one-third of its management plans overdue.
26 2. The requirements of subparagraph 1. do not apply to
27 the individual management plan for the Babcock Crescent B
28 Ranch being acquired pursuant to s. 259.1052. The management
29 plan for the ranch shall be adopted and in place no later than
30 2 years from the date of acquisition by the state.
31 (11)
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1 (b) An amount up to 1.5 percent of the cumulative
2 total of funds ever deposited into the Florida Preservation
3 2000 Trust Fund and the Florida Forever Trust Fund shall be
4 made available for the purposes of management, maintenance,
5 and capital improvements not eligible for funding pursuant to
6 s. 11(e), Art. VII of the State Constitution, and for
7 associated contractual services, for lands acquired pursuant
8 to this section, s. 259.101, s. 259.105, s. 259.1052, or
9 previous programs for the acquisition of lands for
10 conservation and recreation, including state forests, to which
11 title is vested in the board of trustees and other
12 conservation and recreation lands managed by a state agency.
13 Of this amount, $250,000 shall be transferred annually to the
14 Plant Industry Trust Fund within the Department of Agriculture
15 and Consumer Services for the purpose of implementing the
16 Endangered or Threatened Native Flora Conservation Grants
17 Program pursuant to s. 581.185(11). Each agency with
18 management responsibilities shall annually request from the
19 Legislature funds sufficient to fulfill such responsibilities.
20 For the purposes of this paragraph, capital improvements shall
21 include, but need not be limited to, perimeter fencing, signs,
22 firelanes, access roads and trails, and minimal public
23 accommodations, such as primitive campsites, garbage
24 receptacles, and toilets. Any equipment purchased with funds
25 provided pursuant to this paragraph may be used for the
26 purposes described in this paragraph on any conservation and
27 recreation lands managed by a state agency.
28 Section 4. Subsections (1) and (2) of section
29 259.1051, Florida Statutes, are amended to read:
30 259.1051 Florida Forever Trust Fund.--
31 (1) There is created the Florida Forever Trust Fund to
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1 carry out the purposes of ss. 259.032, 259.105, 259.1052, and
2 375.031. The Florida Forever Trust Fund shall be held and
3 administered by the Department of Environmental Protection.
4 Proceeds from the sale of bonds, except proceeds of refunding
5 bonds, issued under s. 215.618 and payable from moneys
6 transferred to the Land Acquisition Trust Fund under s.
7 201.15(1)(a), not to exceed $3 billion, must be deposited into
8 this trust fund to be distributed and used as provided in s.
9 259.105(3). The bond resolution adopted by the governing board
10 of the Division of Bond Finance of the State Board of
11 Administration may provide for additional provisions that
12 govern the disbursement of the bond proceeds.
13 (2) The Department of Environmental Protection shall
14 distribute revenues from the Florida Forever Trust Fund only
15 to programs of state agencies or local governments as set out
16 in s. 259.105(3) or as provided in s. 259.1052. Excluding
17 distributions to the Save Our Everglades Trust Fund and
18 distributions for the acquisition of the Babcock Crescent B
19 Ranch as provided in s. 259.1052, the distributions shall be
20 spent by the recipient within 90 days after the date on which
21 the Department of Environmental Protection initiates the
22 transfer.
23 Section 5. Section 259.1052, Florida Statutes, is
24 created to read:
25 259.1052 Babcock Crescent B Ranch Florida Forever
26 acquisition; conditions for purchase.--
27 (1) The purchase of the state's portion of the Babcock
28 Crescent B Ranch by the Board of Trustees of the Internal
29 Improvement Trust Fund is a conservation acquisition under the
30 Florida Forever program created in s. 259.105.
31 (2) The Babcock Crescent B Ranch constitutes a unique
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1 land mass that has significant scientific, cultural,
2 historical, recreational, ecological, wildlife, fisheries, and
3 productive values. The property is part of a potential
4 greenway of undeveloped land extending from Lake Okeechobee to
5 the east and Charlotte Harbor to the west. The natural beauty
6 and abundant resources of the ranch provide numerous public
7 recreational opportunities such as hiking, fishing, camping,
8 horseback riding, and hunting.
9 (3) The Legislature recognizes that the acquisition of
10 the state's portion of the Babcock Crescent B Ranch represents
11 a unique opportunity to assist in preserving the largest
12 private and undeveloped single-ownership tract of land in
13 Charlotte County. The Legislature further recognizes Lee
14 County as a partner in the acquisition of the ranch.
15 (4) This section authorizes the acquisition of the
16 state's portion of the Babcock Crescent B Ranch in order to
17 protect and preserve for future generations the scientific,
18 scenic, historic, and natural values of the ranch, including
19 rivers and ecosystems; to protect and preserve the
20 archaeological, geological, and cultural resources of the
21 ranch; to provide for species recovery; and to provide
22 opportunities for public recreation.
23 (5) The Legislature encourages the use of documentary
24 stamp tax revenues under s. 201.15 for the purchase of the
25 state's portion of the Babcock Crescent B Ranch so that the
26 purchase may be completed in one transaction, closing on or
27 before July 31, 2006.
28 (6) The Fish and Wildlife Conservation Commission and
29 the Department of Agriculture and Consumer Services shall be
30 the lead managing agencies responsible for the management of
31 Babcock Crescent B Ranch.
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1 (7) In addition to distributions authorized under s.
2 259.105(3), the Department of Environmental Protection is
3 authorized to distribute $310 million in revenues from the
4 Florida Forever Trust Fund. This distribution shall be made in
5 one payment and shall represent payment in full for the
6 portion of the Babcock Crescent B Ranch to be acquired by the
7 state under this section.
8 (8) As used in this section, the term "state's
9 portion of the Babcock Crescent B Ranch" comprises that
10 portion of the property described in Exhibit "A" attached to
11 the Agreement for Sale and Purchase executed by the Board of
12 Trustees of the Internal Improvement Fund, the Fish and
13 Wildlife Conservation Commission, the Department of
14 Agriculture and Consumer Services, and the participating local
15 government, as purchasers, and MSKP III, Inc., a Florida
16 corporation, as seller, which shall be conveyed by special
17 warranty deed to the Board of Trustees of the Internal
18 Improvement Trust Fund on or before July 31, 2006, and
19 recorded in the public records of Charlotte County.
20 Section 6. Section 259.10521, Florida Statutes, is
21 created to read:
22 259.10521 Babcock Ranch citizen support organization;
23 use of property; audit.--
24 (1) DEFINITIONS.--For the purpose of this section, the
25 "Babcock Ranch citizen support organization" means an
26 organization which is:
27 (a) A Florida corporation not for profit incorporated
28 under the provisions of chapter 617 and approved by the
29 Department of State;
30 (b) Organized and operated to conduct programs and
31 activities; raise funds; request and receive grants, gifts,
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1 and bequests of money; acquire, receive, hold, invest, and
2 administer, in its own name, securities, funds, objects of
3 value, or other property, real or personal; and make
4 expenditures to or for the direct or indirect benefit of the
5 Babcock Crescent B Ranch;
6 (c) Determined by the Fish and Wildlife Conservation
7 Commission and the Division of Forestry at the Department of
8 Agriculture and Consumer Services to be consistent with the
9 goals of the ranch acquisition and in the best interests of
10 the state; and
11 (d) Approved in writing by the Fish and Wildlife
12 Conservation Commission and the Division of Forestry to
13 operate for the direct or indirect benefit of the ranch. Such
14 approval shall be given in a letter of agreement from the Fish
15 and Wildlife Conservation Commission and the Division of
16 Forestry.
17 (2) USE OF PROPERTY.--
18 (a) The Fish and Wildlife Conservation Commission and
19 the Division of Forestry may permit, without charge,
20 appropriate use of fixed property and facilities of the
21 Babcock Crescent B Ranch by a citizen support organization,
22 subject to the provisions of this section. Such use must be
23 directly in keeping with the approved purposes of the citizen
24 support organization, and may not be made at times or places
25 that would unreasonably interfere with recreational
26 opportunities for the general public.
27 (b) The Fish and Wildlife Conservation Commission and
28 the Division of Forestry may prescribe by rule any condition
29 with which the citizen support organization shall comply in
30 order to use fixed property or facilities of the ranch.
31 (c) The Fish and Wildlife Conservation Commission and
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1 the Division of Forestry shall not permit the use of any fixed
2 property or facilities of the ranch by the citizen support
3 organization which does not provide equal membership and
4 employment opportunities to all persons regardless of race,
5 color, religion, sex, age, or national origin.
6 (3) PARTNERSHIPS.--
7 (a) The Legislature recognizes that the Babcock
8 Crescent B Ranch will need a variety of facilities to enhance
9 its public use and potential. Such facilities include, but are
10 not limited to, improved access, camping areas, picnic
11 shelters, management facilities, and environmental education
12 facilities. The need for such facilities may exceed the
13 ability of the state to provide such facilities in a timely
14 manner with moneys available. The Legislature finds it to be
15 in the public interest to provide incentives for partnerships
16 with private organizations with the intent of producing
17 additional revenue to help enhance the use and potential of
18 the ranch.
19 (b) The Legislature may annually appropriate funds
20 from the Land Acquisition Trust Fund for use only as state
21 matching funds, in conjunction with private donations in
22 aggregates of at least $60,000, matched by $40,000 of state
23 funds, for a total minimum project amount of $100,000 for
24 capital improvement facility development at the ranch, at
25 either individually designated locations or for priority
26 projects within the overall ranch system. The Babcock Ranch
27 citizen support organization may acquire private donations
28 pursuant to this section, and matching state funds for
29 approved projects may be provided in accordance with this
30 subsection. The Fish and Wildlife Conservation Commission and
31 the Division of Forestry are authorized to properly recognize
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1 and honor a private donor by placing a plaque or other
2 appropriate designation noting the contribution on project
3 facilities or by naming project facilities after the person or
4 organization that provided matching funds. The Fish and
5 Wildlife Conservation Commission and the Division of Forestry
6 are authorized to adopt necessary administrative rules to
7 carry out the purposes of this subsection.
8 Section 7. Except as otherwise expressly provided in
9 this act, this act shall take effect upon becoming a law.
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 Delete everything before the enacting clause
15
16 and insert:
17 A bill to be entitled
18 An act relating to land acquisition; amending
19 s. 201.15, F.S.; authorizing the distribution
20 of certain moneys into the Florida Forever
21 Trust Fund for the purchase of the state's
22 portion of the Babcock Crescent B Ranch;
23 deleting provisions authorizing the
24 distribution of certain moneys into the Florida
25 Forever Trust Fund; amending s. 259.032, F.S.;
26 authorizing the use of funds in the
27 Conservation and Recreation Lands Trust Fund
28 for management, maintenance, and capital
29 improvements for conservation and recreation
30 lands, including lands acquired under the
31 Babcock Crescent B Ranch Florida Forever
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1 acquisition; revising requirements for the
2 development of an individual land management
3 plan; amending s. 259.1051, F.S.; conforming
4 the distribution of funds from the Florida
5 Forever Trust Fund; creating s. 259.1052, F.S.;
6 providing for the acquisition of the state's
7 portion of the Babcock Crescent B Ranch;
8 encouraging the use of documentary stamp tax
9 revenues for the purchase of the state's
10 portion of the Babcock Crescent B Ranch;
11 granting authority to the Department of
12 Environmental Protection to distribute funds
13 for the acquisition of the Babcock Crescent B
14 Ranch, creating s. 259.10521, F.S.; authorizing
15 the creation of the Babcock Ranch citizen
16 support organization; providing duties and
17 responsibilities; providing a definition;
18 providing effective dates.
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