Senate Bill sb1226
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Florida Senate - 2006 SB 1226
By Senator Dockery
15-924A-06
1 A bill to be entitled
2 An act relating to land acquisition; amending
3 s. 201.15, F.S.; authorizing the distribution
4 of certain moneys into the Florida Forever
5 Trust Fund for the cash purchase of the state's
6 portion of the Babcock Ranch; providing for
7 debt service payments on Florida Forever bonds,
8 if any, issued to purchase the state's portion
9 of the Babcock Ranch; deleting provisions
10 authorizing the distribution of certain moneys
11 into the Florida Forever Trust Fund; amending
12 s. 215.618, F.S.; authorizing the issuance of
13 Florida Forever bonds, if necessary, for the
14 purposes of the Florida Forever Program and the
15 Babcock Ranch Florida Forever acquisition;
16 amending s. 259.032, F.S.; authorizing the use
17 of funds in the Conservation and Recreation
18 Lands Trust Fund for management, maintenance,
19 and capital improvements for conservation and
20 recreation lands, including lands acquired
21 under the Babcock Ranch Florida Forever
22 acquisition; amending s. 259.1051, F.S.;
23 authorizing the deposit of certain moneys into
24 the Florida Forever Trust Fund; creating s.
25 259.1052, F.S.; providing for the acquisition
26 of the state's portion of the Babcock Ranch;
27 providing bonding authority; providing for the
28 use of bond proceeds; encouraging the use of
29 cash for the one-time purchase of the state's
30 portion of the Babcock Ranch; providing a
31 definition; providing effective dates.
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Florida Senate - 2006 SB 1226
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsections (1), (2), (11), and (13) of
4 section 201.15, Florida Statutes, are amended to read:
5 201.15 Distribution of taxes collected.--All taxes
6 collected under this chapter shall be distributed as follows
7 and shall be subject to the service charge imposed in s.
8 215.20(1), except that such service charge shall not be levied
9 against any portion of taxes pledged to debt service on bonds
10 to the extent that the amount of the service charge is
11 required to pay any amounts relating to the bonds:
12 (1) Sixty-two and sixty-three hundredths percent of
13 the remaining taxes collected under this chapter shall be used
14 for the following purposes:
15 (a) Amounts as shall be necessary to pay the debt
16 service on, or fund debt service reserve funds, rebate
17 obligations, or other amounts payable with respect to
18 Preservation 2000 bonds issued pursuant to s. 375.051 and
19 Florida Forever bonds issued pursuant to s. 215.618, shall be
20 paid into the State Treasury to the credit of the Land
21 Acquisition Trust Fund to be used for such purposes. The
22 amount transferred to the Land Acquisition Trust Fund for such
23 purposes shall not exceed $300 million in fiscal year
24 1999-2000 and thereafter for Preservation 2000 bonds and bonds
25 issued to refund Preservation 2000 bonds, and $300 million in
26 fiscal year 2000-2001 and thereafter for Florida Forever
27 bonds, except that the total amount transferred to the Land
28 Acquisition Trust Fund for Florida Forever bonds may exceed
29 $300 million for the purpose of paying the debt service on
30 Florida Forever bonds issued to purchase the Babcock Ranch
31 Florida Forever acquisition authorized in s. 259.1052. The
2
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1 annual amount transferred to the Land Acquisition Trust Fund
2 for Florida Forever bonds shall not exceed $30 million in the
3 first fiscal year in which bonds are issued. The limitation on
4 the amount transferred shall be increased by at least an
5 additional $30 million in each subsequent fiscal year, but
6 shall not exceed a total of $300 million in any fiscal year
7 for all bonds issued except as otherwise provided in this
8 paragraph. It is the intent of the Legislature that all bonds
9 issued to fund the Florida Forever Act be retired by December
10 31, 2030. Except for bonds issued to refund previously issued
11 bonds, no series of bonds may be issued pursuant to this
12 paragraph unless such bonds are approved and the debt service
13 for the remainder of the fiscal year in which the bonds are
14 issued is specifically appropriated in the General
15 Appropriations Act. For purposes of refunding Preservation
16 2000 bonds, amounts designated within this section for
17 Preservation 2000 and Florida Forever bonds may be transferred
18 between the two programs to the extent provided for in the
19 documents authorizing the issuance of the bonds. The
20 Preservation 2000 bonds and Florida Forever bonds shall be
21 equally and ratably secured by moneys distributable to the
22 Land Acquisition Trust Fund pursuant to this section, except
23 to the extent specifically provided otherwise by the documents
24 authorizing the issuance of the bonds. No moneys transferred
25 to the Land Acquisition Trust Fund pursuant to this paragraph,
26 or earnings thereon, shall be used or made available to pay
27 debt service on the Save Our Coast revenue bonds.
28 (b) The remainder of the moneys distributed under this
29 subsection, after the required payment under paragraph (a),
30 shall be paid into the State Treasury to the credit of the
31 Save Our Everglades Trust Fund in amounts necessary to pay
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1 debt service, provide reserves, and pay rebate obligations and
2 other amounts due with respect to bonds issued under s.
3 215.619.
4 (c) The remainder of the moneys distributed under this
5 subsection, after the required payments under paragraphs (a)
6 and (b), shall be paid into the State Treasury to the credit
7 of the Land Acquisition Trust Fund and may be used for any
8 purpose for which funds deposited in the Land Acquisition
9 Trust Fund may lawfully be used. Payments made under this
10 paragraph shall continue until the cumulative amount credited
11 to the Land Acquisition Trust Fund for the fiscal year under
12 this paragraph and paragraph (2)(b) equals 70 percent of the
13 current official forecast for distributions of taxes collected
14 under this chapter pursuant to subsection (2). As used in this
15 paragraph, the term "current official forecast" means the most
16 recent forecast as determined by the Revenue Estimating
17 Conference. If the current official forecast for a fiscal year
18 changes after payments under this paragraph have ended during
19 that fiscal year, no further payments are required under this
20 paragraph during the fiscal year.
21 (d) The remainder of the moneys distributed under this
22 subsection, after the required payments under paragraphs (a),
23 (b), and (c), shall be paid into the State Treasury to the
24 credit of:
25 1. The State Transportation Trust Fund in the
26 Department of Transportation in the amount of $541.75 million
27 in each fiscal year, to be paid in quarterly installments and
28 used for the following specified purposes, notwithstanding any
29 other law to the contrary:
30
31
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1 a. For the purposes of capital funding for the New
2 Starts Transit Program, authorized by Title 49, U.S.C. s. 5309
3 and specified in s. 341.051, 10 percent of these funds;
4 b. For the purposes of the Small County Outreach
5 Program specified in s. 339.2818, 5 percent of these funds;
6 c. For the purposes of the Strategic Intermodal System
7 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75
8 percent of these funds after allocating for the New Starts
9 Transit Program described in sub-subparagraph a. and the Small
10 County Outreach Program described in sub-subparagraph b.; and
11 d. For the purposes of the Transportation Regional
12 Incentive Program specified in s. 339.2819, 25 percent of
13 these funds after allocating for the New Starts Transit
14 Program described in sub-subparagraph a. and the Small County
15 Outreach Program described in sub-subparagraph b.
16 2. The Water Protection and Sustainability Program
17 Trust Fund in the Department of Environmental Protection in
18 the amount of $100 million in each fiscal year, to be paid in
19 quarterly installments and used as required by s. 403.890.
20 3. The Public Education Capital Outlay and Debt
21 Service Trust Fund in the Department of Education in the
22 amount of $105 million in each fiscal year, to be paid in
23 monthly installments with $75 million used to fund the
24 Classrooms for Kids Program created in s. 1013.735, and $30
25 million to be used to fund the High Growth County District
26 Capital Outlay Assistance Grant Program created in s.
27 1013.738. If required, new facilities constructed under the
28 Classrooms for Kids Program must meet the requirements of s.
29 1013.372.
30 4. The Grants and Donations Trust Fund in the
31 Department of Community Affairs in the amount of $3.25 million
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1 in each fiscal year to be paid in monthly installments, with
2 $3 million to be used to fund technical assistance to local
3 governments and school boards on the requirements and
4 implementation of this act and $250,000 to be used to fund the
5 Century Commission established in s. 163.3247.
6
7 Moneys distributed pursuant to this paragraph may not be
8 pledged for debt service unless such pledge is approved by
9 referendum of the voters.
10 (e) The remainder of the moneys distributed under this
11 subsection, after the required payments under paragraphs (a),
12 (b), (c), and (d), shall be paid into the State Treasury to
13 the credit of the General Revenue Fund of the state to be used
14 and expended for the purposes for which the General Revenue
15 Fund was created and exists by law or to the Ecosystem
16 Management and Restoration Trust Fund, or to the Marine
17 Resources Conservation Trust Fund, or the Florida Forever
18 Trust Fund, as provided in subsection (11).
19 (2) Seven and fifty-six hundredths percent of the
20 remaining taxes collected under this chapter shall be used for
21 the following purposes:
22 (a) Beginning in the month following the final payment
23 for a fiscal year under paragraph (1)(c), available moneys
24 shall be paid into the State Treasury to the credit of the
25 General Revenue Fund of the state to be used and expended for
26 the purposes for which the General Revenue Fund was created
27 and exists by law or to the Ecosystem Management and
28 Restoration Trust Fund, or to the Marine Resources
29 Conservation Trust Fund, or the Florida Forever Trust Fund, as
30 provided in subsection (11). Payments made under this
31 paragraph shall continue until the cumulative amount credited
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1 to the General Revenue Fund for the fiscal year under this
2 paragraph equals the cumulative payments made under paragraph
3 (1)(c) for the same fiscal year.
4 (b) The remainder of the moneys distributed under this
5 subsection shall be paid into the State Treasury to the credit
6 of the Land Acquisition Trust Fund. Sums deposited in the fund
7 pursuant to this subsection may be used for any purpose for
8 which funds deposited in the Land Acquisition Trust Fund may
9 lawfully be used.
10 (11)(a) From the moneys specified in paragraphs (1)(e)
11 (1)(d) and (2)(a) and prior to deposit of any moneys into the
12 General Revenue Fund, $30 million shall be paid into the State
13 Treasury to the credit of the Ecosystem Management and
14 Restoration Trust Fund in fiscal year 2000-2001 and each
15 fiscal year thereafter, to be used for the preservation and
16 repair of the state's beaches as provided in ss.
17 161.091-161.212, and $2 million shall be paid into the State
18 Treasury to the credit of the Marine Resources Conservation
19 Trust Fund to be used for marine mammal care as provided in s.
20 370.0603(3).
21 (b) For the 2006-2007 fiscal year, prior to deposit of
22 any moneys into the General Revenue Fund authorized in this
23 subsection, the sum of $310 million shall be paid into the
24 State Treasury to the credit of the Florida Forever Trust
25 Fund, to be used for the purchase of the Babcock Ranch Florida
26 Forever acquisition authorized in s. 259.1052.
27 (13) The distribution of proceeds deposited into the
28 Water Management Lands Trust Fund and the Conservation and
29 Recreation Lands Trust Fund, pursuant to subsections (4) and
30 (5), shall not be used for land acquisition, but may be used
31 for preacquisition costs associated with land purchases. The
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1 Legislature intends that the Florida Forever program supplant
2 the acquisition programs formerly authorized under ss. 259.032
3 and 373.59. Prior to the 2005 Regular Session of the
4 Legislature, the Acquisition and Restoration Council shall
5 review and make recommendations to the Legislature concerning
6 the need to repeal this provision. Based on these
7 recommendations, the Legislature shall review the need to
8 repeal this provision during the 2005 Regular Session.
9 Section 2. Effective July 1, 2007, subsections (1),
10 (2), and (11) of section 201.15, Florida Statutes, as amended
11 by section 1 of chapter 2005-92, Laws of Florida, and as
12 amended by this act, are amended to read:
13 201.15 Distribution of taxes collected.--All taxes
14 collected under this chapter shall be distributed as follows
15 and shall be subject to the service charge imposed in s.
16 215.20(1), except that such service charge shall not be levied
17 against any portion of taxes pledged to debt service on bonds
18 to the extent that the amount of the service charge is
19 required to pay any amounts relating to the bonds:
20 (1) Sixty-two and sixty-three hundredths percent of
21 the remaining taxes collected under this chapter shall be used
22 for the following purposes:
23 (a) Amounts as shall be necessary to pay the debt
24 service on, or fund debt service reserve funds, rebate
25 obligations, or other amounts payable with respect to
26 Preservation 2000 bonds issued pursuant to s. 375.051 and
27 Florida Forever bonds issued pursuant to s. 215.618, shall be
28 paid into the State Treasury to the credit of the Land
29 Acquisition Trust Fund to be used for such purposes. The
30 amount transferred to the Land Acquisition Trust Fund shall
31 not exceed $300 million in fiscal year 1999-2000 and
8
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Florida Senate - 2006 SB 1226
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1 thereafter for Preservation 2000 bonds and bonds issued to
2 refund Preservation 2000 bonds, and $300 million in fiscal
3 year 2000-2001 and thereafter for Florida Forever bonds,
4 except that the total amount transferred to the Land
5 Acquisition Trust Fund for Florida Forever bonds may exceed
6 $300 million for the purpose of paying the debt service on
7 Florida Forever bonds issued to purchase the Babcock Ranch
8 Florida Forever acquisition authorized in s. 259.1052. The
9 annual amount transferred to the Land Acquisition Trust Fund
10 for Florida Forever bonds shall not exceed $30 million in the
11 first fiscal year in which bonds are issued. The limitation on
12 the amount transferred shall be increased by at least $30
13 million in each subsequent fiscal year, but shall not exceed a
14 total of $300 million in any fiscal year for all bonds issued
15 except as otherwise provided in this paragraph. It is the
16 intent of the Legislature that all bonds issued to fund the
17 Florida Forever Act be retired by December 31, 2030. Except
18 for bonds issued to refund previously issued bonds, no series
19 of bonds may be issued pursuant to this paragraph unless such
20 bonds are approved and the debt service for the remainder of
21 the fiscal year in which the bonds are issued is specifically
22 appropriated in the General Appropriations Act. For purposes
23 of refunding Preservation 2000 bonds, amounts designated
24 within this section for Preservation 2000 and Florida Forever
25 bonds may be transferred between the two programs to the
26 extent provided for in the documents authorizing the issuance
27 of the bonds. The Preservation 2000 bonds and Florida Forever
28 bonds shall be equally and ratably secured by moneys
29 distributable to the Land Acquisition Trust Fund pursuant to
30 this section, except to the extent specifically provided
31 otherwise by the documents authorizing the issuance of the
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1 bonds. No moneys transferred to the Land Acquisition Trust
2 Fund pursuant to this paragraph, or earnings thereon, shall be
3 used or made available to pay debt service on the Save Our
4 Coast revenue bonds.
5 (b) The remainder of the moneys distributed under this
6 subsection, after the required payment under paragraph (a),
7 shall be paid into the State Treasury to the credit of the
8 Save Our Everglades Trust Fund in amounts necessary to pay
9 debt service, provide reserves, and pay rebate obligations and
10 other amounts due with respect to bonds issued under s.
11 215.619.
12 (c) The remainder of the moneys distributed under this
13 subsection, after the required payments under paragraphs (a)
14 and (b), shall be paid into the State Treasury to the credit
15 of the Land Acquisition Trust Fund and may be used for any
16 purpose for which funds deposited in the Land Acquisition
17 Trust Fund may lawfully be used. Payments made under this
18 paragraph shall continue until the cumulative amount credited
19 to the Land Acquisition Trust Fund for the fiscal year under
20 this paragraph and paragraph (2)(b) equals 70 percent of the
21 current official forecast for distributions of taxes collected
22 under this chapter pursuant to subsection (2). As used in this
23 paragraph, the term "current official forecast" means the most
24 recent forecast as determined by the Revenue Estimating
25 Conference. If the current official forecast for a fiscal year
26 changes after payments under this paragraph have ended during
27 that fiscal year, no further payments are required during the
28 fiscal year.
29 (d) The remainder of the moneys distributed under this
30 subsection, after the required payments under paragraphs (a),
31
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1 (b), and (c), shall be paid into the State Treasury to the
2 credit of:
3 1. The State Transportation Trust Fund in the
4 Department of Transportation in the amount of $541.75 million
5 in each fiscal year, to be paid in quarterly installments and
6 used for the following specified purposes, notwithstanding any
7 other law to the contrary:
8 a. For the purposes of capital funding for the New
9 Starts Transit Program, authorized by Title 49, U.S.C. s. 5309
10 and specified in s. 341.051, 10 percent of these funds;
11 b. For the purposes of the Small County Outreach
12 Program specified in s. 339.2818, 5 percent of these funds;
13 c. For the purposes of the Strategic Intermodal System
14 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75
15 percent of these funds after allocating for the New Starts
16 Transit Program described in sub-subparagraph a. and the Small
17 County Outreach Program described in sub-subparagraph b.; and
18 d. For the purposes of the Transportation Regional
19 Incentive Program specified in s. 339.2819, 25 percent of
20 these funds after allocating for the New Starts Transit
21 Program described in sub-subparagraph a. and the Small County
22 Outreach Program described in sub-subparagraph b.
23 2. The Water Protection and Sustainability Program
24 Trust Fund in the Department of Environmental Protection in
25 the amount of $100 million in each fiscal year, to be paid in
26 quarterly installments and used as required by s. 403.890.
27 3. The Public Education Capital Outlay and Debt
28 Service Trust Fund in the Department of Education in the
29 amount of $105 million in each fiscal year, to be paid in
30 monthly installments with $75 million used to fund the
31 Classrooms for Kids Program created in s. 1013.735, and $30
11
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1 million to be used to fund the High Growth County District
2 Capital Outlay Assistance Grant Program created in s.
3 1013.738. If required, new facilities constructed under the
4 Classrooms for Kids Program must meet the requirements of s.
5 1013.372.
6 4. The Grants and Donations Trust Fund in the
7 Department of Community Affairs in the amount of $3.25 million
8 in each fiscal year to be paid in monthly installments, with
9 $3 million to be used to fund technical assistance to local
10 governments and school boards on the requirements and
11 implementation of this act and $250,000 to be used to fund the
12 Century Commission established in s. 163.3247.
13
14 Moneys distributed pursuant to this paragraph may not be
15 pledged for debt service unless such pledge is approved by
16 referendum of the voters.
17 (e) The remainder of the moneys distributed under this
18 subsection, after the required payments under paragraphs (a),
19 (b), (c), and (d) shall be paid into the State Treasury to the
20 credit of the General Revenue Fund to be used and expended for
21 the purposes for which the General Revenue Fund was created
22 and exists by law or to the Ecosystem Management and
23 Restoration Trust Fund or, the Marine Resources Conservation
24 Trust Fund, or the Florida Forever Trust Fund, as provided in
25 subsection (11).
26 (2) The lesser of seven and fifty-six hundredths
27 percent of the remaining taxes collected under this chapter or
28 $84.9 million in each fiscal year shall be used for the
29 following purposes:
30 (a) Beginning in the month following the final payment
31 for a fiscal year under paragraph (1)(c), available moneys
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1 shall be paid into the State Treasury to the credit of the
2 General Revenue Fund to be used and expended for the purposes
3 for which the General Revenue Fund was created and exists by
4 law or to the Ecosystem Management and Restoration Trust Fund
5 or, the Marine Resources Conservation Trust Fund, or the
6 Florida Forever Trust Fund, as provided in subsection (11).
7 Payments made under this paragraph shall continue until the
8 cumulative amount credited to the General Revenue Fund for the
9 fiscal year under this paragraph equals the cumulative
10 payments made under paragraph (1)(c) for the same fiscal year.
11 (b) The remainder of the moneys distributed under this
12 subsection shall be paid into the State Treasury to the credit
13 of the Land Acquisition Trust Fund. Sums deposited in the fund
14 pursuant to this subsection may be used for any purpose for
15 which funds deposited in the Land Acquisition Trust Fund may
16 lawfully be used.
17 (11)(a) From the moneys specified in paragraphs (1)(e)
18 and (2)(a) and prior to deposit of any moneys into the General
19 Revenue Fund, $30 million shall be paid into the State
20 Treasury to the credit of the Ecosystem Management and
21 Restoration Trust Fund in fiscal year 2000-2001 and each
22 fiscal year thereafter, to be used for the preservation and
23 repair of the state's beaches as provided in ss.
24 161.091-161.212, and $2 million shall be paid into the State
25 Treasury to the credit of the Marine Resources Conservation
26 Trust Fund to be used for marine mammal care as provided in s.
27 370.0603(3).
28 (b) For the 2006-2007 fiscal year, prior to deposit of
29 any moneys into the General Revenue Fund authorized in this
30 subsection, the sum of $310 million shall be paid into the
31 State Treasury to the credit of the Florida Forever Trust
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1 Fund, to be used for the purchase of the Babcock Ranch Florida
2 Forever acquisition authorized in s. 259.1052.
3 Section 3. Subsections (1) and (5) of section 215.618,
4 Florida Statutes, are amended to read:
5 215.618 Bonds for acquisition and improvement of land,
6 water areas, and related property interests and resources.--
7 (1) The issuance of Florida Forever bonds, not to
8 exceed $3 billion, to finance or refinance the cost of
9 acquisition and improvement of land, water areas, and related
10 property interests and resources, in urban and rural settings,
11 for the purposes of restoration, conservation, recreation,
12 water resource development, or historical preservation, and
13 for capital improvements to lands and water areas that
14 accomplish environmental restoration, enhance public access
15 and recreational enjoyment, promote long-term management
16 goals, and facilitate water resource development is hereby
17 authorized, subject to the provisions of ss. s. 259.105 and
18 259.1052 and pursuant to s. 11(e), Art. VII of the State
19 Constitution. Florida Forever bonds may also be issued to
20 refund Preservation 2000 bonds issued pursuant to s. 375.051.
21 The $3 billion limitation on the issuance of Florida Forever
22 bonds does not apply to refunding bonds. The duration of each
23 series of Florida Forever bonds issued may not exceed 20
24 annual maturities. Preservation 2000 bonds and Florida Forever
25 bonds shall be equally and ratably secured by moneys
26 distributable to the Land Acquisition Trust Fund pursuant to
27 s. 201.15(1)(a), except to the extent specifically provided
28 otherwise by the documents authorizing the issuance of the
29 bonds.
30 (5) The proceeds from the sale of bonds issued
31 pursuant to this section, less the costs of issuance, the
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1 costs of funding reserve accounts, and other costs with
2 respect to the bonds, shall be deposited into the Florida
3 Forever Trust Fund. The bond proceeds deposited into the
4 Florida Forever Trust Fund shall be distributed by the
5 Department of Environmental Protection as provided in ss. s.
6 259.105 and 259.1052.
7 Section 4. Paragraph (b) of subsection (2) and
8 paragraph (b) of subsection (11) of section 259.032, Florida
9 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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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 (11)
6 (b) An amount up to 1.5 percent of the cumulative
7 total of funds ever deposited into the Florida Preservation
8 2000 Trust Fund and the Florida Forever Trust Fund shall be
9 made available for the purposes of management, maintenance,
10 and capital improvements not eligible for funding pursuant to
11 s. 11(e), Art. VII of the State Constitution, and for
12 associated contractual services, for lands acquired pursuant
13 to this section, s. 259.101, s. 259.105, s. 259.1052, or
14 previous programs for the acquisition of lands for
15 conservation and recreation, including state forests, to which
16 title is vested in the board of trustees and other
17 conservation and recreation lands managed by a state agency.
18 Of this amount, $250,000 shall be transferred annually to the
19 Plant Industry Trust Fund within the Department of Agriculture
20 and Consumer Services for the purpose of implementing the
21 Endangered or Threatened Native Flora Conservation Grants
22 Program pursuant to s. 581.185(11). Each agency with
23 management responsibilities shall annually request from the
24 Legislature funds sufficient to fulfill such responsibilities.
25 For the purposes of this paragraph, capital improvements shall
26 include, but need not be limited to, perimeter fencing, signs,
27 firelanes, access roads and trails, and minimal public
28 accommodations, such as primitive campsites, garbage
29 receptacles, and toilets. Any equipment purchased with funds
30 provided pursuant to this paragraph may be used for the
31
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1 purposes described in this paragraph on any conservation and
2 recreation lands managed by a state agency.
3 Section 5. Section 259.1051, Florida Statutes, is
4 amended to read:
5 259.1051 Florida Forever Trust Fund.--
6 (1) There is created the Florida Forever Trust Fund to
7 carry out the purposes of ss. 259.032, 259.105, 259.1052, and
8 375.031. The Florida Forever Trust Fund shall be held and
9 administered by the Department of Environmental Protection.
10 Moneys paid into the State Treasury in the 2006-2007 fiscal
11 year to the credit of the Florida Forever Trust Fund, as
12 provided in s. 201.15(11), and proceeds from the sale of
13 bonds, except proceeds of refunding bonds, issued under s.
14 215.618 and payable from moneys transferred to the Land
15 Acquisition Trust Fund under s. 201.15(1)(a), not to exceed $3
16 billion, must be deposited into this trust fund to be
17 distributed and used as provided in ss. s. 259.105(3) and
18 259.1052. The bond resolution adopted by the governing board
19 of the Division of Bond Finance of the State Board of
20 Administration may provide for additional provisions that
21 govern the disbursement of the bond proceeds.
22 (2) The Department of Environmental Protection shall
23 distribute revenues from the Florida Forever Trust Fund only
24 to programs of state agencies or local governments as set out
25 in s. 259.105(3) or as provided in s. 259.1052. Excluding
26 distributions to the Save Our Everglades Trust Fund and
27 distributions for the acquisition of the Babcock Ranch Florida
28 Forever acquisition as provided in s. 259.1052, the
29 distributions shall be spent by the recipient within 90 days
30 after the date on which the Department of Environmental
31 Protection initiates the transfer.
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1 (3) The Department of Environmental Protection shall
2 ensure that the proceeds from the sale of bonds issued under
3 s. 215.618 and payable from moneys transferred to the Land
4 Acquisition Trust Fund under s. 201.15(1)(a) shall be
5 administered and expended in a manner that ensures compliance
6 of each issue of bonds that are issued on the basis that
7 interest thereon will be excluded from gross income for
8 federal income tax purposes, with the applicable provisions of
9 the United States Internal Revenue Code and the regulations
10 promulgated thereunder, to the extent necessary to preserve
11 the exclusion of interest on the bonds from gross income for
12 federal income tax purposes. The Department of Environmental
13 Protection shall administer the use and disbursement of the
14 proceeds of such bonds or require that the use and
15 disbursement thereof be administered in a manner to implement
16 strategies to maximize any available benefits under the
17 applicable provisions of the United States Internal Revenue
18 Code or regulations promulgated thereunder, to the extent not
19 inconsistent with the purposes identified in s. 259.105(3).
20 Section 6. Section 259.1052, Florida Statutes, is
21 created to read:
22 259.1052 Babcock Ranch Florida Forever acquisition;
23 conditions for purchase; bonding authority.--
24 (1) The Babcock Ranch constitutes a unique land mass
25 that has significant scientific, cultural, historical,
26 recreational, ecological, wildlife, fisheries, and productive
27 values. The property is part of a potential greenway of
28 undeveloped land extending from Lake Okeechobee to the east
29 and Charlotte Harbor to the west. The natural beauty and
30 abundant resources of the Babcock Ranch provide numerous
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1 public recreational opportunities such as hiking, fishing,
2 camping, horseback riding, and hunting.
3 (2) The Legislature recognizes that the acquisition of
4 the state's portion of the Babcock Ranch represents a unique
5 opportunity to assist in preserving the largest private and
6 undeveloped single-ownership tract of land in Charlotte
7 County. The Legislature further recognizes Lee County as a
8 partner in the acquisition of the Babcock Ranch.
9 (3) This section authorizes the acquisition of the
10 state's portion of the Babcock Ranch in order to protect and
11 preserve for future generations the scientific, scenic,
12 historic, and natural values of the Babcock Ranch, including
13 rivers and ecosystems; to protect and preserve the
14 archaeological, geological, and cultural resources of the
15 Babcock Ranch; to provide for species recovery; and to provide
16 opportunities for public recreation.
17 (4) The Legislature encourages the use of cash for the
18 purchase of the state's portion of the Babcock Ranch. The
19 funding mechanism created in s. 201.15(11) authorizes the
20 transfer of $310 million in revenues from the documentary
21 stamp tax to the Florida Forever Trust Fund so that the
22 purchase of the state's portion of the Babcock Ranch may be
23 completed in one transaction, closing on or before July 31,
24 2006.
25 (5) If the Legislature does not authorize the use of
26 cash for purchasing the state's portion of the Babcock Ranch,
27 and notwithstanding the provisions of s. 259.105 and less the
28 costs of issuing and the costs of funding reserve accounts and
29 other costs associated with bonds, the proceeds of bonds
30 issued pursuant to this section shall be deposited into the
31 Florida Forever Trust Fund created by s. 259.1051 and shall be
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1 expended by the Department of Environmental Protection for the
2 acquisition of land and for capital projects necessary for
3 acquiring the state's portion of the Babcock Ranch.
4 (6) For purposes of this section, bonds authorized
5 under this subsection shall be a one-time issue in an amount
6 sufficient to generate $310 million in proceeds, which shall
7 be expended on or before July 31, 2006. Proceeds generated
8 from the sale of the bonds which are deposited into the
9 Florida Forever Trust Fund shall be segregated from all other
10 Florida Forever bond proceeds and shall be used only for the
11 purposes of this section. Bond proceeds distributed to the
12 Department of Environmental Protection for the purposes
13 specified in this section comprise the total purchase price to
14 acquire the state's portion of the Babcock Ranch.
15 (7) The Fish and Wildlife Conservation Commission and
16 the Department of Agriculture and Consumer Services shall be
17 responsible for the land management of Babcock Ranch, subject
18 to the terms and conditions of a management agreement, which
19 shall be executed by the Board of Trustees of the Internal
20 Improvement Trust Fund, the Fish and Wildlife Conservation
21 Commission, the Department of Agriculture and Consumer
22 Services, the participating local government, as owners, and
23 Babcock Ranch Management LLC, a Florida limited liability
24 company, as manager, no later than July 31, 2006, and which
25 shall terminate on July 31, 2016, unless terminated earlier
26 under the provisions of the management agreement.
27 (8) As used in this section, the term "state's portion
28 of the Babcock Ranch" comprises that portion of property
29 described in Exhibit "A" and attached to the Agreement for
30 Sale and Purchase and executed by the Board of Trustees of the
31 Internal Improvement Fund, the Fish and Wildlife Conservation
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1 Commission, the Department of Agriculture and Consumer
2 Services, and the participating local government, as
3 purchasers, and MSKP III, Inc., a Florida corporation, as
4 seller, which shall be conveyed by warranty deed to the Board
5 of Trustees of the Internal Improvement Trust Fund on or
6 before July 31, 2006, and recorded in the public records of
7 Charlotte County.
8 Section 7. Except as otherwise expressly provided in
9 this act, this act shall take effect upon becoming a law.
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12 SENATE SUMMARY
13 Provides for the transfer of $310 million of revenues
from the documentary stamp tax to the Florida Forever
14 Trust Fund to be used for the purchase of the state's
portion of the Babcock Ranch in Charlotte and Lee
15 Counties. Authorizes bonds to be issued for such purchase
if necessary. Provides for funds in the Conservation and
16 Recreation Lands Trust Fund to be used for managing and
improving the Babcock Ranch acquisition. (See bill for
17 details.)
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