Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
Barcode 153484
CHAMBER ACTION
Senate House
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11 The Committee on General Government Appropriations (Lawson)
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 (b) of subsection (1) and
19 subsection (13) of section 201.15, Florida Statutes, are
20 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 (b) Moneys The remainder of the moneys distributed
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 under this subsection, after the required payment under
2 paragraph (a), shall be paid into the State Treasury to the
3 credit of the Save Our Everglades Trust Fund in amounts
4 necessary to pay debt service, provide reserves, and pay
5 rebate obligations and other amounts due with respect to bonds
6 issued under s. 215.619. Taxes distributed under paragraph (a)
7 and this paragraph must be collectively distributed on a pro
8 rata basis.
9 (13) The distribution of proceeds deposited into the
10 Water Management Lands Trust Fund and the Conservation and
11 Recreation Lands Trust Fund, pursuant to subsections (4) and
12 (5), shall not be used for land acquisition, but may be used
13 for preacquisition costs associated with land purchases. The
14 Legislature intends that the Florida Forever program supplant
15 the acquisition programs formerly authorized under ss. 259.032
16 and 373.59. Prior to the 2005 Regular Session of the
17 Legislature, the Acquisition and Restoration Council shall
18 review and make recommendations to the Legislature concerning
19 the need to repeal this provision. Based on these
20 recommendations, the Legislature shall review the need to
21 repeal this provision during the 2005 Regular Session.
22 Section 2. Effective July 1, 2007, paragraph (b) of
23 subsection (1) and subsection (13) of section 201.15, Florida
24 Statutes, as amended by section 1 of chapter 2005-92, Laws of
25 Florida, are amended to read:
26 201.15 Distribution of taxes collected.--All taxes
27 collected under this chapter shall be distributed as follows
28 and shall be subject to the service charge imposed in s.
29 215.20(1), except that such service charge shall not be levied
30 against any portion of taxes pledged to debt service on bonds
31 to the extent that the amount of the service charge is
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
Barcode 153484
1 required to pay any amounts relating to the bonds:
2 (1) Sixty-two and sixty-three hundredths percent of
3 the remaining taxes collected under this chapter shall be used
4 for the following purposes:
5 (b) Moneys The remainder of the moneys distributed
6 under this subsection, after the required payment under
7 paragraph (a), shall be paid into the State Treasury to the
8 credit of the Save Our Everglades Trust Fund in amounts
9 necessary to pay debt service, provide reserves, and pay
10 rebate obligations and other amounts due with respect to bonds
11 issued under s. 215.619. Taxes distributed under paragraph (a)
12 and this paragraph must be collectively distributed on a pro
13 rata basis.
14 (13) The distribution of proceeds deposited into the
15 Water Management Lands Trust Fund and the Conservation and
16 Recreation Lands Trust Fund, pursuant to subsections (4) and
17 (5), shall not be used for land acquisition, but may be used
18 for preacquisition costs associated with land purchases. The
19 Legislature intends that the Florida Forever program supplant
20 the acquisition programs formerly authorized under ss. 259.032
21 and 373.59. Prior to the 2005 Regular Session of the
22 Legislature, the Acquisition and Restoration Council shall
23 review and make recommendations to the Legislature concerning
24 the need to repeal this provision. Based on these
25 recommendations, the Legislature shall review the need to
26 repeal this provision during the 2005 Regular Session.
27 Section 3. Subsection (3) of section 215.619, Florida
28 Statutes, is amended to read:
29 215.619 Bonds for Everglades restoration.--
30 (3) Everglades restoration bonds are payable from, and
31 secured by a first lien on, taxes distributable under s.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
Barcode 153484
1 201.15(1)(b) and do not constitute a general obligation of, or
2 a pledge of the full faith and credit of, the state.
3 Everglades restoration bonds shall be secured on a parity
4 basis with are junior and subordinate to bonds secured by
5 moneys distributable under s. 201.15(1)(a).
6 Section 4. Paragraph (b) of subsection (2), paragraphs
7 (e) and (f) of subsection (9), paragraph (d) of subsection
8 (10), and paragraph (b) of subsection (11) of section 259.032,
9 Florida Statutes, are amended to read:
10 259.032 Conservation and Recreation Lands Trust Fund;
11 purpose.--
12 (2)
13 (b) There shall annually be transferred from the
14 Conservation and Recreation Lands Trust Fund to the Land
15 Acquisition Trust Fund that amount, not to exceed $20 million
16 annually, as shall be necessary to pay the debt service on, or
17 fund debt service reserve funds, rebate obligations, or other
18 amounts with respect to bonds issued pursuant to s. 375.051 to
19 acquire lands on the established priority list developed
20 pursuant to ss. 259.101(4) and 259.105 this section; however,
21 no moneys transferred to the Land Acquisition Trust Fund
22 pursuant to this paragraph, or earnings thereon, shall be used
23 or made available to pay debt service on the Save Our Coast
24 revenue bonds. Amounts transferred annually from the
25 Conservation and Recreation Lands Trust Fund to the Land
26 Acquisition Trust Fund pursuant to this paragraph shall have
27 the highest priority over other payments or transfers from the
28 Conservation and Recreation Lands Trust Fund, and no other
29 payments or transfers shall be made from the Conservation and
30 Recreation Lands Trust Fund until such transfers to the Land
31 Acquisition Trust Fund have been made. Effective July 1, 2001,
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 Moneys in the Conservation and Recreation Lands Trust Fund
2 also shall be used to manage lands and to pay for related
3 costs, activities, and functions pursuant to the provisions of
4 this section.
5 (9) All lands managed under this chapter and s.
6 253.034 shall be:
7 (e) Concurrent with the approval of the acquisition
8 contract pursuant to s. 259.041(3)(c) for any interest in
9 lands except those lands being acquired under the provisions
10 of s. 259.1052, the board of trustees shall designate an
11 agency or agencies to manage such lands. The board and shall
12 evaluate and amend, as appropriate, the management policy
13 statement for the project as provided by s. 259.035,
14 consistent with the purposes for which the lands are acquired.
15 For any fee simple acquisition of a parcel which is or will be
16 leased back for agricultural purposes, or any acquisition of a
17 less-than-fee interest in land that is or will be used for
18 agricultural purposes, the Board of Trustees of the Internal
19 Improvement Trust Fund shall first consider having a soil and
20 water conservation district, created pursuant to chapter 582,
21 manage and monitor such interests.
22 (f) State agencies designated to manage lands acquired
23 under this chapter except those lands acquired under s.
24 259.1052 may contract with local governments and soil and
25 water conservation districts to assist in management
26 activities, including the responsibility of being the lead
27 land manager. Such land management contracts may include a
28 provision for the transfer of management funding to the local
29 government or soil and water conservation district from the
30 Conservation and Recreation Lands Trust Fund in an amount
31 adequate for the local government or soil and water
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 conservation district to perform its contractual land
2 management responsibilities and proportionate to its
3 responsibilities, and which otherwise would have been expended
4 by the state agency to manage the property.
5 (10)
6 (d)1. For each project for which lands are acquired
7 after July 1, 1995, an individual management plan shall be
8 adopted and in place no later than 1 year after the essential
9 parcel or parcels identified in the priority list developed
10 pursuant to ss. 259.101(4) and 259.105 in the annual
11 Conservation and Recreation Lands report prepared pursuant to
12 s. 259.035(2)(a) have been acquired. Beginning in fiscal year
13 1998-1999, The Department of Environmental Protection shall
14 distribute only 75 percent of the acquisition funds to which a
15 budget entity or water management district would otherwise be
16 entitled from the Preservation 2000 Trust Fund to any budget
17 entity or any water management district that has more than
18 one-third of its management plans overdue.
19 2. The requirements of subparagraph 1. do not apply to
20 the individual management plan for the Babcock Crescent B
21 Ranch being acquired pursuant to s. 259.1052. The management
22 plan for the ranch shall be adopted and in place no later than
23 2 years following the date of acquisition by the state.
24 (11)
25 (b) An amount up to 1.5 percent of the cumulative
26 total of funds ever deposited into the Florida Preservation
27 2000 Trust Fund and the Florida Forever Trust Fund shall be
28 made available for the purposes of management, maintenance,
29 and capital improvements not eligible for funding pursuant to
30 s. 11(e), Art. VII of the State Constitution, and for
31 associated contractual services, for lands acquired pursuant
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 to this section, s. 259.101, s. 259.105, s. 259.1052, or
2 previous programs for the acquisition of lands for
3 conservation and recreation, including state forests, to which
4 title is vested in the board of trustees and other
5 conservation and recreation lands managed by a state agency.
6 Of this amount, $250,000 shall be transferred annually to the
7 Plant Industry Trust Fund within the Department of Agriculture
8 and Consumer Services for the purpose of implementing the
9 Endangered or Threatened Native Flora Conservation Grants
10 Program pursuant to s. 581.185(11). Each agency with
11 management responsibilities shall annually request from the
12 Legislature funds sufficient to fulfill such responsibilities.
13 For the purposes of this paragraph, capital improvements shall
14 include, but need not be limited to, perimeter fencing, signs,
15 firelanes, access roads and trails, and minimal public
16 accommodations, such as primitive campsites, garbage
17 receptacles, and toilets. Any equipment purchased with funds
18 provided pursuant to this paragraph may be used for the
19 purposes described in this paragraph on any conservation and
20 recreation lands managed by a state agency.
21 Section 5. Subsections (1) and (2) of section
22 259.1051, Florida Statutes, are amended to read:
23 259.1051 Florida Forever Trust Fund.--
24 (1) There is created the Florida Forever Trust Fund to
25 carry out the purposes of ss. 259.032, 259.105, 259.1052, and
26 375.031. The Florida Forever Trust Fund shall be held and
27 administered by the Department of Environmental Protection.
28 Proceeds from the sale of bonds, except proceeds of refunding
29 bonds, issued under s. 215.618 and payable from moneys
30 transferred to the Land Acquisition Trust Fund under s.
31 201.15(1)(a), not to exceed $3 billion, must be deposited into
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 this trust fund to be distributed and used as provided in s.
2 259.105(3). The bond resolution adopted by the governing board
3 of the Division of Bond Finance of the State Board of
4 Administration may provide for additional provisions that
5 govern the disbursement of the bond proceeds.
6 (2) The Department of Environmental Protection shall
7 distribute revenues from the Florida Forever Trust Fund only
8 to programs of state agencies or local governments as set out
9 in s. 259.105(3) or as provided in s. 259.1052. Excluding
10 distributions to the Save Our Everglades Trust Fund and
11 distributions for the acquisition of the Babcock Crescent B
12 Ranch Florida Forever acquisition as provided in s. 259.1052,
13 the distributions shall be spent by the recipient within 90
14 days after the date on which the Department of Environmental
15 Protection initiates the transfer.
16 Section 6. Section 259.1052, Florida Statutes, is
17 created to read:
18 259.1052 Babcock Crescent B Ranch Florida Forever
19 acquisition; conditions for purchase.--
20 (1) The purchase of the state's portion of the Babcock
21 Crescent B Ranch by the Board of Trustees of the Internal
22 Improvement Trust Fund is a conservation acquisition under the
23 Florida Forever program created in s. 259.105.
24 (2) The Babcock Crescent B Ranch constitutes a unique
25 land mass that has significant scientific, cultural,
26 historical, recreational, ecological, wildlife, fisheries, and
27 productive values. The property is part of a potential
28 greenway of undeveloped land extending from Lake Okeechobee to
29 the east and Charlotte Harbor to the west. The natural beauty
30 and abundant resources of the ranch provide numerous public
31 recreational opportunities such as hiking, fishing, camping,
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 horseback riding, and hunting.
2 (3) The Legislature recognizes that the acquisition of
3 the state's portion of the Babcock Crescent B Ranch represents
4 a unique opportunity to assist in preserving the largest
5 private and undeveloped single-ownership tract of land in
6 Charlotte County. The Legislature further recognizes Lee
7 County as a partner in the acquisition of the ranch.
8 (4) This section authorizes the acquisition of the
9 state's portion of the Babcock Crescent B Ranch in order to
10 protect and preserve for future generations the scientific,
11 scenic, historic, and natural values of the ranch, including
12 rivers and ecosystems; to protect and preserve the
13 archaeological, geological, and cultural resources of the
14 ranch; to provide for species recovery; and to provide
15 opportunities for public recreation.
16 (5) The Fish and Wildlife Conservation Commission and
17 the Department of Agriculture and Consumer Services shall be
18 the lead managing agencies responsible for the management of
19 Babcock Crescent B Ranch.
20 (6) In addition to distributions authorized under s.
21 259.105(3), the Department of Environmental Protection is
22 authorized to distribute $310 million in revenues from the
23 Florida Forever Trust Fund. This distribution shall represent
24 payment in full for the portion of the Babcock Crescent B
25 Ranch to be acquired by the state under this section.
26 (7) As used in this section, the term "state's portion
27 of the Babcock Crescent B Ranch" comprises those lands to be
28 conveyed by special warranty deed to the Board of Trustees of
29 the Internal Improvement Trust Fund under the provisions of
30 the agreement for sale and purchase executed by the Board of
31 Trustees of the Internal Improvement Trust Fund, the Fish and
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 Wildlife Conservation Commission, the Department of
2 Agriculture and Consumer Services, and the participating local
3 government, as purchaser, and MSKP, III, a Florida
4 corporation, as seller.
5 Section 7. Section 259.10521, Florida Statutes, is
6 created to read:
7 259.10521 Citizen support organization; use of
8 property; audit.--
9 (1) DEFINITIONS.--For the purpose of this section, the
10 "Citizen support organization" means an organization that is:
11 (a) A Florida corporation not for profit incorporated
12 under the provisions of chapter 617 and approved by the
13 Department of State;
14 (b) Organized and operated to conduct programs and
15 activities in the best interest of the state; raise funds;
16 request and receive grants, gifts, and bequests of money;
17 acquire, receive, hold, invest, and administer, in its own
18 name, securities, funds, objects of value, or other property,
19 real or personal; and make expenditures to or for the direct
20 or indirect benefit of the Babcock Crescent B Ranch;
21 (c) Determined by the Fish and Wildlife Conservation
22 Commission and the Division of Forestry within the Department
23 of Agriculture and Consumer Services to be consistent with the
24 goals of the state in acquiring the ranch and in the best
25 interests of the state; and
26 (d) Approved in writing by the Fish and Wildlife
27 Conservation Commission and the Division of Forestry to
28 operate for the direct or indirect benefit of the ranch and in
29 the best interest of the state. Such approval shall be given
30 in a letter of agreement from the Fish and Wildlife
31 Conservation Commission and the Division of Forestry. Only one
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 citizen support organization may be created to operate for the
2 direct or indirect benefit of the Babcock Crescent B Ranch.
3 (2) USE OF PROPERTY.--
4 (a) The Fish and Wildlife Conservation Commission and
5 the Division of Forestry may permit, without charge,
6 appropriate use of fixed property and facilities of the
7 Babcock Crescent B Ranch by a citizen support organization,
8 subject to the provisions of this section. Such use must be
9 directly in keeping with the approved purposes of the citizen
10 support organization, and may not be made at times or places
11 that would unreasonably interfere with recreational
12 opportunities for the general public.
13 (b) The Fish and Wildlife Conservation Commission and
14 the Division of Forestry may prescribe by rule any condition
15 with which the citizen support organization shall comply in
16 order to use fixed property or facilities of the ranch.
17 (c) The Fish and Wildlife Conservation Commission and
18 the Division of Forestry shall not permit the use of any fixed
19 property or facilities of the ranch by a citizen support
20 organization that does not provide equal membership and
21 employment opportunities to all persons regardless of race,
22 color, religion, sex, age, or national origin.
23 (3) PARTNERSHIPS.--
24 (a) The Legislature recognizes that the Babcock
25 Crescent B Ranch will need a variety of facilities to enhance
26 its public use and potential. Such facilities include, but are
27 not limited to, improved access, camping areas, picnic
28 shelters, management facilities, and environmental education
29 facilities. The need for such facilities may exceed the
30 ability of the state to provide such facilities in a timely
31 manner with moneys available. The Legislature finds it to be
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 in the public interest to provide incentives for partnerships
2 with private organizations with the intent of producing
3 additional revenue to help enhance the use and potential of
4 the ranch.
5 (b) The Legislature may annually appropriate funds
6 from the Land Acquisition Trust Fund for use only as state
7 matching funds, in conjunction with private donations in
8 aggregates of at least $60,000, matched by $40,000 of state
9 funds, for a total minimum project amount of $100,000 for
10 capital improvement facility development at the ranch at
11 either individually designated locations or for priority
12 projects within the overall ranch system. The citizen support
13 organization may acquire private donations pursuant to this
14 section, and matching state funds for approved projects may be
15 provided in accordance with this subsection. The Fish and
16 Wildlife Conservation Commission and the Division of Forestry
17 are authorized to properly recognize and honor a private donor
18 by placing a plaque or other appropriate designation noting
19 the contribution on project facilities or by naming project
20 facilities after the person or organization that provided
21 matching funds. The Fish and Wildlife Conservation Commission
22 and the Division of Forestry are authorized to adopt necessary
23 administrative rules to carry out the purposes of this
24 subsection.
25 Section 8. For the 2006-2007 fiscal year, the sum of
26 $310 million in nonrecurring funds is appropriated from the
27 Florida Forever Trust Fund in the Department of Environmental
28 Protection for the purchase of the Babcock Crescent B Ranch as
29 provided in s. 259.1052, Florida Statutes.
30 Section 9. Except as otherwise expressly provided in
31 this act, this act shall take effect upon becoming a law.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to land acquisition; amending
8 s. 201.15, F.S.; providing that taxes
9 distributed to pay debt service on Preservation
10 2000 bonds, Florida Forever bonds, and Save Our
11 Everglades bonds shall be collectively
12 distributed on a pro rata basis; deleting
13 obsolete provisions; amending s. 215.619, F.S.;
14 providing that Everglades restoration bonds are
15 on a parity basis with other land acquisition
16 bonds; amending s. 259.032, F.S.; authorizing
17 the use of funds in the Conservation and
18 Recreation Lands Trust Fund for management,
19 maintenance, and capital improvements for
20 conservation and recreation lands, including
21 lands acquired under the Babcock Crescent B
22 Ranch Florida Forever acquisition; revising
23 requirements for the development of an
24 individual land management plan; amending s.
25 259.1051, F.S.; conforming the distribution of
26 funds from the Florida Forever Trust Fund;
27 creating s. 259.1052, F.S.; providing for the
28 acquisition of the state's portion of the
29 Babcock Crescent B Ranch; providing a
30 definition; granting authority to the
31 Department of Environmental Protection to
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 1226
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1 distribute funds for the acquisition of the
2 Babcock Crescent B Ranch; creating s.
3 259.10521, F.S.; authorizing the creation of a
4 citizen support organization; providing duties
5 and responsibilities; providing an
6 appropriation; providing effective dates.
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