Senate Bill sb1226c2
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By the Committees on General Government Appropriations;
Environmental Preservation; and Senators Dockery, Clary, Smith
and Lawson
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1 A bill to be entitled
2 An act relating to land acquisition; amending
3 s. 201.15, F.S.; providing that taxes
4 distributed to pay debt service on Preservation
5 2000 bonds, Florida Forever bonds, and Save Our
6 Everglades bonds shall be collectively
7 distributed on a pro rata basis; deleting
8 obsolete provisions; amending s. 215.619, F.S.;
9 providing that Everglades restoration bonds are
10 on a parity basis with other land acquisition
11 bonds; amending s. 259.032, F.S.; authorizing
12 the use of funds in the Conservation and
13 Recreation Lands Trust Fund for management,
14 maintenance, and capital improvements for
15 conservation and recreation lands, including
16 lands acquired under the Babcock Crescent B
17 Ranch Florida Forever acquisition; revising
18 requirements for the development of an
19 individual land management plan; amending s.
20 259.1051, F.S.; conforming the distribution of
21 funds from the Florida Forever Trust Fund;
22 creating s. 259.1052, F.S.; providing for the
23 acquisition of the state's portion of the
24 Babcock Crescent B Ranch; providing a
25 definition; granting authority to the
26 Department of Environmental Protection to
27 distribute funds for the acquisition of the
28 Babcock Crescent B Ranch; creating s.
29 259.10521, F.S.; authorizing the creation of a
30 citizen support organization; providing duties
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1 and responsibilities; providing an
2 appropriation; providing effective dates.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Paragraph (b) of subsection (1) and
7 subsection (13) of section 201.15, Florida Statutes, are
8 amended to read:
9 201.15 Distribution of taxes collected.--All taxes
10 collected under this chapter shall be distributed as follows
11 and shall be subject to the service charge imposed in s.
12 215.20(1), except that such service charge shall not be levied
13 against any portion of taxes pledged to debt service on bonds
14 to the extent that the amount of the service charge is
15 required to pay any amounts relating to the bonds:
16 (1) Sixty-two and sixty-three hundredths percent of
17 the remaining taxes collected under this chapter shall be used
18 for the following purposes:
19 (b) Moneys The remainder of the moneys distributed
20 under this subsection, after the required payment under
21 paragraph (a), shall be paid into the State Treasury to the
22 credit of the Save Our Everglades Trust Fund in amounts
23 necessary to pay debt service, provide reserves, and pay
24 rebate obligations and other amounts due with respect to bonds
25 issued under s. 215.619. Taxes distributed under paragraph (a)
26 and this paragraph must be collectively distributed on a pro
27 rata basis.
28 (13) The distribution of proceeds deposited into the
29 Water Management Lands Trust Fund and the Conservation and
30 Recreation Lands Trust Fund, pursuant to subsections (4) and
31 (5), shall not be used for land acquisition, but may be used
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1 for preacquisition costs associated with land purchases. The
2 Legislature intends that the Florida Forever program supplant
3 the acquisition programs formerly authorized under ss. 259.032
4 and 373.59. Prior to the 2005 Regular Session of the
5 Legislature, the Acquisition and Restoration Council shall
6 review and make recommendations to the Legislature concerning
7 the need to repeal this provision. Based on these
8 recommendations, the Legislature shall review the need to
9 repeal this provision during the 2005 Regular Session.
10 Section 2. Effective July 1, 2007, paragraph (b) of
11 subsection (1) and subsection (13) of section 201.15, Florida
12 Statutes, as amended by section 1 of chapter 2005-92, Laws of
13 Florida, are amended to read:
14 201.15 Distribution of taxes collected.--All taxes
15 collected under this chapter shall be distributed as follows
16 and shall be subject to the service charge imposed in s.
17 215.20(1), except that such service charge shall not be levied
18 against any portion of taxes pledged to debt service on bonds
19 to the extent that the amount of the service charge is
20 required to pay any amounts relating to the bonds:
21 (1) Sixty-two and sixty-three hundredths percent of
22 the remaining taxes collected under this chapter shall be used
23 for the following purposes:
24 (b) Moneys The remainder of the moneys distributed
25 under this subsection, after the required payment under
26 paragraph (a), shall be paid into the State Treasury to the
27 credit of the Save Our Everglades Trust Fund in amounts
28 necessary to pay debt service, provide reserves, and pay
29 rebate obligations and other amounts due with respect to bonds
30 issued under s. 215.619. Taxes distributed under paragraph (a)
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1 and this paragraph must be collectively distributed on a pro
2 rata basis.
3 (13) The distribution of proceeds deposited into the
4 Water Management Lands Trust Fund and the Conservation and
5 Recreation Lands Trust Fund, pursuant to subsections (4) and
6 (5), shall not be used for land acquisition, but may be used
7 for preacquisition costs associated with land purchases. The
8 Legislature intends that the Florida Forever program supplant
9 the acquisition programs formerly authorized under ss. 259.032
10 and 373.59. Prior to the 2005 Regular Session of the
11 Legislature, the Acquisition and Restoration Council shall
12 review and make recommendations to the Legislature concerning
13 the need to repeal this provision. Based on these
14 recommendations, the Legislature shall review the need to
15 repeal this provision during the 2005 Regular Session.
16 Section 3. Subsection (3) of section 215.619, Florida
17 Statutes, is amended to read:
18 215.619 Bonds for Everglades restoration.--
19 (3) Everglades restoration bonds are payable from, and
20 secured by a first lien on, taxes distributable under s.
21 201.15(1)(b) and do not constitute a general obligation of, or
22 a pledge of the full faith and credit of, the state.
23 Everglades restoration bonds shall be secured on a parity
24 basis with are junior and subordinate to bonds secured by
25 moneys distributable under s. 201.15(1)(a).
26 Section 4. Paragraph (b) of subsection (2), paragraphs
27 (e) and (f) of subsection (9), paragraph (d) of subsection
28 (10), and paragraph (b) of subsection (11) of section 259.032,
29 Florida Statutes, are amended to read:
30 259.032 Conservation and Recreation Lands Trust Fund;
31 purpose.--
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1 (2)
2 (b) There shall annually be transferred from the
3 Conservation and Recreation Lands Trust Fund to the Land
4 Acquisition Trust Fund that amount, not to exceed $20 million
5 annually, as shall be necessary to pay the debt service on, or
6 fund debt service reserve funds, rebate obligations, or other
7 amounts with respect to bonds issued pursuant to s. 375.051 to
8 acquire lands on the established priority list developed
9 pursuant to ss. 259.101(4) and 259.105 this section; however,
10 no moneys transferred to the Land Acquisition Trust Fund
11 pursuant to this paragraph, or earnings thereon, shall be used
12 or made available to pay debt service on the Save Our Coast
13 revenue bonds. Amounts transferred annually from the
14 Conservation and Recreation Lands Trust Fund to the Land
15 Acquisition Trust Fund pursuant to this paragraph shall have
16 the highest priority over other payments or transfers from the
17 Conservation and Recreation Lands Trust Fund, and no other
18 payments or transfers shall be made from the Conservation and
19 Recreation Lands Trust Fund until such transfers to the Land
20 Acquisition Trust Fund have been made. Effective July 1, 2001,
21 Moneys in the Conservation and Recreation Lands Trust Fund
22 also shall be used to manage lands and to pay for related
23 costs, activities, and functions pursuant to the provisions of
24 this section.
25 (9) All lands managed under this chapter and s.
26 253.034 shall be:
27 (e) Concurrent with the approval of the acquisition
28 contract pursuant to s. 259.041(3)(c) for any interest in
29 lands except those lands being acquired under the provisions
30 of s. 259.1052, the board of trustees shall designate an
31 agency or agencies to manage such lands. The board and shall
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1 evaluate and amend, as appropriate, the management policy
2 statement for the project as provided by s. 259.035,
3 consistent with the purposes for which the lands are acquired.
4 For any fee simple acquisition of a parcel which is or will be
5 leased back for agricultural purposes, or any acquisition of a
6 less-than-fee interest in land that is or will be used for
7 agricultural purposes, the Board of Trustees of the Internal
8 Improvement Trust Fund shall first consider having a soil and
9 water conservation district, created pursuant to chapter 582,
10 manage and monitor such interests.
11 (f) State agencies designated to manage lands acquired
12 under this chapter except those lands acquired under s.
13 259.1052 may contract with local governments and soil and
14 water conservation districts to assist in management
15 activities, including the responsibility of being the lead
16 land manager. Such land management contracts may include a
17 provision for the transfer of management funding to the local
18 government or soil and water conservation district from the
19 Conservation and Recreation Lands Trust Fund in an amount
20 adequate for the local government or soil and water
21 conservation district to perform its contractual land
22 management responsibilities and proportionate to its
23 responsibilities, and which otherwise would have been expended
24 by the state agency to manage the property.
25 (10)
26 (d)1. For each project for which lands are acquired
27 after July 1, 1995, an individual management plan shall be
28 adopted and in place no later than 1 year after the essential
29 parcel or parcels identified in the priority list developed
30 pursuant to ss. 259.101(4) and 259.105 in the annual
31 Conservation and Recreation Lands report prepared pursuant to
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1 s. 259.035(2)(a) have been acquired. Beginning in fiscal year
2 1998-1999, The Department of Environmental Protection shall
3 distribute only 75 percent of the acquisition funds to which a
4 budget entity or water management district would otherwise be
5 entitled from the Preservation 2000 Trust Fund to any budget
6 entity or any water management district that has more than
7 one-third of its management plans overdue.
8 2. The requirements of subparagraph 1. do not apply to
9 the individual management plan for the Babcock Crescent B
10 Ranch being acquired pursuant to s. 259.1052. The management
11 plan for the ranch shall be adopted and in place no later than
12 2 years following the date of acquisition by the state.
13 (11)
14 (b) An amount up to 1.5 percent of the cumulative
15 total of funds ever deposited into the Florida Preservation
16 2000 Trust Fund and the Florida Forever Trust Fund shall be
17 made available for the purposes of management, maintenance,
18 and capital improvements not eligible for funding pursuant to
19 s. 11(e), Art. VII of the State Constitution, and for
20 associated contractual services, for lands acquired pursuant
21 to this section, s. 259.101, s. 259.105, s. 259.1052, or
22 previous programs for the acquisition of lands for
23 conservation and recreation, including state forests, to which
24 title is vested in the board of trustees and other
25 conservation and recreation lands managed by a state agency.
26 Of this amount, $250,000 shall be transferred annually to the
27 Plant Industry Trust Fund within the Department of Agriculture
28 and Consumer Services for the purpose of implementing the
29 Endangered or Threatened Native Flora Conservation Grants
30 Program pursuant to s. 581.185(11). Each agency with
31 management responsibilities shall annually request from the
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1 Legislature funds sufficient to fulfill such responsibilities.
2 For the purposes of this paragraph, capital improvements shall
3 include, but need not be limited to, perimeter fencing, signs,
4 firelanes, access roads and trails, and minimal public
5 accommodations, such as primitive campsites, garbage
6 receptacles, and toilets. Any equipment purchased with funds
7 provided pursuant to this paragraph may be used for the
8 purposes described in this paragraph on any conservation and
9 recreation lands managed by a state agency.
10 Section 5. Subsections (1) and (2) of section
11 259.1051, Florida Statutes, are amended to read:
12 259.1051 Florida Forever Trust Fund.--
13 (1) There is created the Florida Forever Trust Fund to
14 carry out the purposes of ss. 259.032, 259.105, 259.1052, and
15 375.031. The Florida Forever Trust Fund shall be held and
16 administered by the Department of Environmental Protection.
17 Proceeds from the sale of bonds, except proceeds of refunding
18 bonds, issued under s. 215.618 and payable from moneys
19 transferred to the Land Acquisition Trust Fund under s.
20 201.15(1)(a), not to exceed $3 billion, must be deposited into
21 this trust fund to be distributed and used as provided in s.
22 259.105(3). The bond resolution adopted by the governing board
23 of the Division of Bond Finance of the State Board of
24 Administration may provide for additional provisions that
25 govern the disbursement of the bond proceeds.
26 (2) The Department of Environmental Protection shall
27 distribute revenues from the Florida Forever Trust Fund only
28 to programs of state agencies or local governments as set out
29 in s. 259.105(3) or as provided in s. 259.1052. Excluding
30 distributions to the Save Our Everglades Trust Fund and
31 distributions for the acquisition of the Babcock Crescent B
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1 Ranch Florida Forever acquisition as provided in s. 259.1052,
2 the distributions shall be spent by the recipient within 90
3 days after the date on which the Department of Environmental
4 Protection initiates the transfer.
5 Section 6. Section 259.1052, Florida Statutes, is
6 created to read:
7 259.1052 Babcock Crescent B Ranch Florida Forever
8 acquisition; conditions for purchase.--
9 (1) The purchase of the state's portion of the Babcock
10 Crescent B Ranch by the Board of Trustees of the Internal
11 Improvement Trust Fund is a conservation acquisition under the
12 Florida Forever program created in s. 259.105.
13 (2) The Babcock Crescent B Ranch constitutes a unique
14 land mass that has significant scientific, cultural,
15 historical, recreational, ecological, wildlife, fisheries, and
16 productive values. The property is part of a potential
17 greenway of undeveloped land extending from Lake Okeechobee to
18 the east and Charlotte Harbor to the west. The natural beauty
19 and abundant resources of the ranch provide numerous public
20 recreational opportunities such as hiking, fishing, camping,
21 horseback riding, and hunting.
22 (3) The Legislature recognizes that the acquisition of
23 the state's portion of the Babcock Crescent B Ranch represents
24 a unique opportunity to assist in preserving the largest
25 private and undeveloped single-ownership tract of land in
26 Charlotte County. The Legislature further recognizes Lee
27 County as a partner in the acquisition of the ranch.
28 (4) This section authorizes the acquisition of the
29 state's portion of the Babcock Crescent B Ranch in order to
30 protect and preserve for future generations the scientific,
31 scenic, historic, and natural values of the ranch, including
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1 rivers and ecosystems; to protect and preserve the
2 archaeological, geological, and cultural resources of the
3 ranch; to provide for species recovery; and to provide
4 opportunities for public recreation.
5 (5) The Fish and Wildlife Conservation Commission and
6 the Department of Agriculture and Consumer Services shall be
7 the lead managing agencies responsible for the management of
8 Babcock Crescent B Ranch.
9 (6) In addition to distributions authorized under s.
10 259.105(3), the Department of Environmental Protection is
11 authorized to distribute $310 million in revenues from the
12 Florida Forever Trust Fund. This distribution shall represent
13 payment in full for the portion of the Babcock Crescent B
14 Ranch to be acquired by the state under this section.
15 (7) As used in this section, the term "state's portion
16 of the Babcock Crescent B Ranch" comprises those lands to be
17 conveyed by special warranty deed to the Board of Trustees of
18 the Internal Improvement Trust Fund under the provisions of
19 the agreement for sale and purchase executed by the Board of
20 Trustees of the Internal Improvement Trust Fund, the Fish and
21 Wildlife Conservation Commission, the Department of
22 Agriculture and Consumer Services, and the participating local
23 government, as purchaser, and MSKP, III, a Florida
24 corporation, as seller.
25 Section 7. Section 259.10521, Florida Statutes, is
26 created to read:
27 259.10521 Citizen support organization; use of
28 property; audit.--
29 (1) DEFINITIONS.--For the purpose of this section, the
30 "Citizen support organization" means an organization that is:
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1 (a) A Florida corporation not for profit incorporated
2 under the provisions of chapter 617 and approved by the
3 Department of State;
4 (b) Organized and operated to conduct programs and
5 activities in the best interest of the state; raise funds;
6 request and receive grants, gifts, and bequests of money;
7 acquire, receive, hold, invest, and administer, in its own
8 name, securities, funds, objects of value, or other property,
9 real or personal; and make expenditures to or for the direct
10 or indirect benefit of the Babcock Crescent B Ranch;
11 (c) Determined by the Fish and Wildlife Conservation
12 Commission and the Division of Forestry within the Department
13 of Agriculture and Consumer Services to be consistent with the
14 goals of the state in acquiring the ranch and in the best
15 interests of the state; and
16 (d) Approved in writing by the Fish and Wildlife
17 Conservation Commission and the Division of Forestry to
18 operate for the direct or indirect benefit of the ranch and in
19 the best interest of the state. Such approval shall be given
20 in a letter of agreement from the Fish and Wildlife
21 Conservation Commission and the Division of Forestry. Only one
22 citizen support organization may be created to operate for the
23 direct or indirect benefit of the Babcock Crescent B Ranch.
24 (2) USE OF PROPERTY.--
25 (a) The Fish and Wildlife Conservation Commission and
26 the Division of Forestry may permit, without charge,
27 appropriate use of fixed property and facilities of the
28 Babcock Crescent B Ranch by a citizen support organization,
29 subject to the provisions of this section. Such use must be
30 directly in keeping with the approved purposes of the citizen
31 support organization, and may not be made at times or places
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1 that would unreasonably interfere with recreational
2 opportunities for the general public.
3 (b) The Fish and Wildlife Conservation Commission and
4 the Division of Forestry may prescribe by rule any condition
5 with which the citizen support organization shall comply in
6 order to use fixed property or facilities of the ranch.
7 (c) The Fish and Wildlife Conservation Commission and
8 the Division of Forestry shall not permit the use of any fixed
9 property or facilities of the ranch by a citizen support
10 organization that does not provide equal membership and
11 employment opportunities to all persons regardless of race,
12 color, religion, sex, age, or national origin.
13 (3) PARTNERSHIPS.--
14 (a) The Legislature recognizes that the Babcock
15 Crescent B Ranch will need a variety of facilities to enhance
16 its public use and potential. Such facilities include, but are
17 not limited to, improved access, camping areas, picnic
18 shelters, management facilities, and environmental education
19 facilities. The need for such facilities may exceed the
20 ability of the state to provide such facilities in a timely
21 manner with moneys available. The Legislature finds it to be
22 in the public interest to provide incentives for partnerships
23 with private organizations with the intent of producing
24 additional revenue to help enhance the use and potential of
25 the ranch.
26 (b) The Legislature may annually appropriate funds
27 from the Land Acquisition Trust Fund for use only as state
28 matching funds, in conjunction with private donations in
29 aggregates of at least $60,000, matched by $40,000 of state
30 funds, for a total minimum project amount of $100,000 for
31 capital improvement facility development at the ranch at
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1 either individually designated locations or for priority
2 projects within the overall ranch system. The citizen support
3 organization may acquire private donations pursuant to this
4 section, and matching state funds for approved projects may be
5 provided in accordance with this subsection. The Fish and
6 Wildlife Conservation Commission and the Division of Forestry
7 are authorized to properly recognize and honor a private donor
8 by placing a plaque or other appropriate designation noting
9 the contribution on project facilities or by naming project
10 facilities after the person or organization that provided
11 matching funds. The Fish and Wildlife Conservation Commission
12 and the Division of Forestry are authorized to adopt necessary
13 administrative rules to carry out the purposes of this
14 subsection.
15 Section 8. For the 2006-2007 fiscal year, the sum of
16 $310 million in nonrecurring funds is appropriated from the
17 Florida Forever Trust Fund in the Department of Environmental
18 Protection for the purchase of the Babcock Crescent B Ranch as
19 provided in s. 259.1052, Florida Statutes.
20 Section 9. Except as otherwise expressly provided in
21 this act, this act shall take effect upon becoming a law.
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23 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
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26 Provides the appropriation for the state to purchase the
Babcock Crescent B Ranch.
27
Makes technical revisions to the citizen support organization
28 authorized in the bill.
29 Authorizes Everglades bonds to be on parity with Florida
Forever bonds.
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