Amendment
Bill No. 1347

Amendment No. 362353

CHAMBER ACTION
Senate		House
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1	Representative(s) Williams offered the following:
2
3	Amendment (with title amendment)
4	Between lines 92 and 93 insert:
5	Section 1.  Paragraph (b) of subsection (1) and subsections
6	(11) and (13) of section 201.15, Florida Statutes, are amended
7	to read:
8	201.15  Distribution of taxes collected.--All taxes
9	collected under this chapter shall be distributed as follows and
10	shall be subject to the service charge imposed in s. 215.20(1),
11	except that such service charge shall not be levied against any
12	portion of taxes pledged to debt service on bonds to the extent
13	that the amount of the service charge is required to pay any
14	amounts relating to the bonds:
15	(1)  Sixty-two and sixty-three hundredths percent of the
16	remaining taxes collected under this chapter shall be used for
17	the following purposes:
18	(b)  Moneys The remainder of the moneys distributed under
19	this subsection, after the required payment under paragraph (a),
20	shall be paid into the State Treasury to the credit of the Save
21	Our Everglades Trust Fund in amounts necessary to pay debt
22	service, provide reserves, and pay rebate obligations and other
23	amounts due with respect to bonds issued under s. 215.619. Taxes
24	distributed under paragraph (a) and this paragraph must be
25	collectively distributed on a pro rata basis when the available
26	moneys under this subsection are not sufficient to cover the
27	amounts required under paragraph (a) and this paragraph.
28	(11)  From the moneys specified in paragraphs (1)(e)
29	paragraphs (1)(d) and (2)(a) and prior to deposit of any moneys
30	into the General Revenue Fund, $30 million shall be paid into
31	the State Treasury to the credit of the Ecosystem Management and
32	Restoration Trust Fund in fiscal year 2000-2001 and each fiscal
33	year thereafter, to be used for the preservation and repair of
34	the state's beaches as provided in ss. 161.091-161.212, and $2
35	million shall be paid into the State Treasury to the credit of
36	the Marine Resources Conservation Trust Fund to be used for
37	marine mammal care as provided in s. 370.0603(3).
38	(13)  The distribution of proceeds deposited into the Water
39	Management Lands Trust Fund and the Conservation and Recreation
40	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
41	be used for land acquisition, but may be used for preacquisition
42	costs associated with land purchases. The Legislature intends
43	that the Florida Forever program supplant the acquisition
44	programs formerly authorized under ss. 259.032 and 373.59. Prior
45	to the 2005 Regular Session of the Legislature, the Acquisition
46	and Restoration Council shall review and make recommendations to
47	the Legislature concerning the need to repeal this provision.
48	Based on these recommendations, the Legislature shall review the
49	need to repeal this provision during the 2005 Regular Session.
50	Section 2.  Effective July 1, 2007, paragraph (b) of
51	subsection (1) and subsections (11) and (13) of section 201.15,
52	Florida Statutes, as amended by section 1 of chapter 2005-92,
53	Laws of Florida, are amended to read:
54	201.15  Distribution of taxes collected.--All taxes
55	collected under this chapter shall be distributed as follows and
56	shall be subject to the service charge imposed in s. 215.20(1),
57	except that such service charge shall not be levied against any
58	portion of taxes pledged to debt service on bonds to the extent
59	that the amount of the service charge is required to pay any
60	amounts relating to the bonds:
61	(1)  Sixty-two and sixty-three hundredths percent of the
62	remaining taxes collected under this chapter shall be used for
63	the following purposes:
64	(b)  Moneys The remainder of the moneys distributed under
65	this subsection, after the required payment under paragraph (a),
66	shall be paid into the State Treasury to the credit of the Save
67	Our Everglades Trust Fund in amounts necessary to pay debt
68	service, provide reserves, and pay rebate obligations and other
69	amounts due with respect to bonds issued under s. 215.619. Taxes
70	distributed under paragraph (a) and this paragraph must be
71	collectively distributed on a pro rata basis when the available
72	moneys under this subsection are not sufficient to cover the
73	amounts required under paragraph (a) and this paragraph.
74	(11)  From the moneys specified in paragraphs (1)(e)
75	paragraphs (1)(d) and (2)(a) and prior to deposit of any moneys
76	into the General Revenue Fund, $30 million shall be paid into
77	the State Treasury to the credit of the Ecosystem Management and
78	Restoration Trust Fund in fiscal year 2000-2001 and each fiscal
79	year thereafter, to be used for the preservation and repair of
80	the state's beaches as provided in ss. 161.091-161.212, and $2
81	million shall be paid into the State Treasury to the credit of
82	the Marine Resources Conservation Trust Fund to be used for
83	marine mammal care as provided in s. 370.0603(3).
84	(13)  The distribution of proceeds deposited into the Water
85	Management Lands Trust Fund and the Conservation and Recreation
86	Lands Trust Fund, pursuant to subsections (4) and (5), shall not
87	be used for land acquisition, but may be used for preacquisition
88	costs associated with land purchases. The Legislature intends
89	that the Florida Forever program supplant the acquisition
90	programs formerly authorized under ss. 259.032 and 373.59. Prior
91	to the 2005 Regular Session of the Legislature, the Acquisition
92	and Restoration Council shall review and make recommendations to
93	the Legislature concerning the need to repeal this provision.
94	Based on these recommendations, the Legislature shall review the
95	need to repeal this provision during the 2005 Regular Session.
96	Section 3.  Subsection (3) of section 215.619, Florida
97	Statutes, is amended to read:
98	215.619  Bonds for Everglades restoration.--
99	(3)  Everglades restoration bonds are payable from, and
100	secured by a first lien on, taxes distributable under s.
101	201.15(1)(b) and do not constitute a general obligation of, or a
102	pledge of the full faith and credit of, the state. Everglades
103	restoration bonds shall be secured on a parity basis with are
104	junior and subordinate to bonds secured by moneys distributable
105	under s. 201.15(1)(a).
106	Section 4.  Paragraph (b) of subsection (2), paragraphs (e)
107	and (f) of subsection (9), paragraph (d) of subsection (10), and
108	paragraph (b) of subsection (11) of section 259.032, Florida
109	Statutes, are amended to read:
110	259.032  Conservation and Recreation Lands Trust Fund;
111	purpose.--
112	(2)
113	(b)  There shall annually be transferred from the
114	Conservation and Recreation Lands Trust Fund to the Land
115	Acquisition Trust Fund that amount, not to exceed $20 million
116	annually, as shall be necessary to pay the debt service on, or
117	fund debt service reserve funds, rebate obligations, or other
118	amounts with respect to bonds issued pursuant to s. 375.051 to
119	acquire lands on the established priority list developed
120	pursuant to ss. 259.101(4) and 259.105 this section; however, no
121	moneys transferred to the Land Acquisition Trust Fund pursuant
122	to this paragraph, or earnings thereon, shall be used or made
123	available to pay debt service on the Save Our Coast revenue
124	bonds. Amounts transferred annually from the Conservation and
125	Recreation Lands Trust Fund to the Land Acquisition Trust Fund
126	pursuant to this paragraph shall have the highest priority over
127	other payments or transfers from the Conservation and Recreation
128	Lands Trust Fund, and no other payments or transfers shall be
129	made from the Conservation and Recreation Lands Trust Fund until
130	such transfers to the Land Acquisition Trust Fund have been
131	made. Effective July 1, 2001, Moneys in the Conservation and
132	Recreation Lands Trust Fund also shall be used to manage lands
133	and to pay for related costs, activities, and functions pursuant
134	to the provisions of this section.
135	(9)  All lands managed under this chapter and s. 253.034
136	shall be:
137	(e)  Concurrent with the approval of the acquisition
138	contract pursuant to s. 259.041(3)(c) for any interest in lands
139	except those lands being acquired under the provisions of s.
140	259.1052, the board of trustees shall designate an agency or
141	agencies to manage such lands. The board and shall evaluate and
142	amend, as appropriate, the management policy statement for the
143	project as provided by s. 259.035, consistent with the purposes
144	for which the lands are acquired. For any fee simple acquisition
145	of a parcel which is or will be leased back for agricultural
146	purposes, or any acquisition of a less-than-fee interest in land
147	that is or will be used for agricultural purposes, the Board of
148	Trustees of the Internal Improvement Trust Fund shall first
149	consider having a soil and water conservation district, created
150	pursuant to chapter 582, manage and monitor such interests.
151	(f)  State agencies designated to manage lands acquired
152	under this chapter except those lands acquired under s. 259.1052
153	may contract with local governments and soil and water
154	conservation districts to assist in management activities,
155	including the responsibility of being the lead land manager.
156	Such land management contracts may include a provision for the
157	transfer of management funding to the local government or soil
158	and water conservation district from the Conservation and
159	Recreation Lands Trust Fund in an amount adequate for the local
160	government or soil and water conservation district to perform
161	its contractual land management responsibilities and
162	proportionate to its responsibilities, and which otherwise would
163	have been expended by the state agency to manage the property.
164	(10)
165	(d)1.  For each project for which lands are acquired after
166	July 1, 1995, an individual management plan shall be adopted and
167	in place no later than 1 year after the essential parcel or
168	parcels identified in the priority list developed pursuant to
169	ss. 259.101(4) and 259.105 in the annual Conservation and
170	Recreation Lands report prepared pursuant to s. 259.035(2)(a)
171	have been acquired. Beginning in fiscal year 1998-1999, The
172	Department of Environmental Protection shall distribute only 75
173	percent of the acquisition funds to which a budget entity or
174	water management district would otherwise be entitled from the
175	Preservation 2000 Trust Fund to any budget entity or any water
176	management district that has more than one-third of its
177	management plans overdue.
178	2.  The requirements of subparagraph 1. do not apply to the
179	individual management plan for the Babcock Crescent B Ranch
180	being acquired pursuant to s. 259.1052.
181	(11)
182	(b)  An amount up to 1.5 percent of the cumulative total of
183	funds ever deposited into the Florida Preservation 2000 Trust
184	Fund and the Florida Forever Trust Fund shall be made available
185	for the purposes of management, maintenance, and capital
186	improvements not eligible for funding pursuant to s. 11(e), Art.
187	VII of the State Constitution, and for associated contractual
188	services, for lands acquired pursuant to this section, s.
189	259.101, s. 259.105, s. 259.1052, or previous programs for the
190	acquisition of lands for conservation and recreation, including
191	state forests, to which title is vested in the board of trustees
192	and other conservation and recreation lands managed by a state
193	agency. Of this amount, $250,000 shall be transferred annually
194	to the Plant Industry Trust Fund within the Department of
195	Agriculture and Consumer Services for the purpose of
196	implementing the Endangered or Threatened Native Flora
197	Conservation Grants Program pursuant to s. 581.185(11). Each
198	agency with management responsibilities shall annually request
199	from the Legislature funds sufficient to fulfill such
200	responsibilities. For the purposes of this paragraph, capital
201	improvements shall include, but need not be limited to,
202	perimeter fencing, signs, firelanes, access roads and trails,
203	and minimal public accommodations, such as primitive campsites,
204	garbage receptacles, and toilets. Any equipment purchased with
205	funds provided pursuant to this paragraph may be used for the
206	purposes described in this paragraph on any conservation and
207	recreation lands managed by a state agency.
208	Section 5.  Subsections (2) and (10) of section 259.105,
209	Florida Statutes, are amended to read:
210	259.105  The Florida Forever Act.--
211	(2)(a)  The Legislature finds and declares that:
212	1.  The Preservation 2000 program provided tremendous
213	financial resources for purchasing environmentally significant
214	lands to protect those lands from imminent development, thereby
215	assuring present and future generations access to important open
216	spaces and recreation and conservation lands.
217	2.  The continued alteration and development of Florida's
218	natural areas to accommodate the state's rapidly growing
219	population have contributed to the degradation of water
220	resources, the fragmentation and destruction of wildlife
221	habitats, the loss of outdoor recreation space, and the
222	diminishment of wetlands, forests, and public beaches.
223	3.  The potential development of Florida's remaining
224	natural areas and escalation of land values require a
225	continuation of government efforts to restore, bring under
226	public protection, or acquire lands and water areas to preserve
227	the state's invaluable quality of life.
228	4.  Florida's groundwater, surface waters, and springs are
229	under tremendous pressure due to population growth and economic
230	expansion and require special protection and restoration
231	efforts. To ensure that sufficient quantities of water are
232	available to meet the current and future needs of the natural
233	systems and citizens of the state, and assist in achieving the
234	planning goals of the department and the water management
235	districts, water resource development projects on public lands,
236	where compatible with the resource values of and management
237	objectives for the lands, are appropriate.
238	5.  The needs of urban Florida for high-quality outdoor
239	recreational opportunities, greenways, trails, and open space
240	have not been fully met by previous acquisition programs.
241	Through such programs as the Florida Communities Trust and the
242	Florida Recreation Development Assistance Program, the state
243	shall place additional emphasis on acquiring, protecting,
244	preserving, and restoring open space, greenways, and recreation
245	properties within urban areas where pristine natural communities
246	or water bodies no longer exist because of the proximity of
247	developed property.
248	6.  Many of Florida's unique ecosystems, such as the
249	Florida Everglades, are facing ecological collapse due to
250	Florida's burgeoning population. To preserve these valuable
251	ecosystems for future generations, parcels of land must be
252	acquired to facilitate ecosystem restoration.
253	7.  Access to public lands to support a broad range of
254	outdoor recreational opportunities and the development of
255	necessary infrastructure, where compatible with the resource
256	values of and management objectives for such lands, promotes an
257	appreciation for Florida's natural assets and improves the
258	quality of life.
259	8.  Acquisition of lands, in fee simple or in any lesser
260	interest, should be based on a comprehensive assessment of
261	Florida's natural resources and planned so as to protect the
262	integrity of ecological systems and provide multiple benefits,
263	including preservation of fish and wildlife habitat, recreation
264	space for urban as well as rural areas, and water recharge.
265	9.  The state has embraced performance-based program
266	budgeting as a tool to evaluate the achievements of publicly
267	funded agencies, build in accountability, and reward those
268	agencies which are able to consistently achieve quantifiable
269	goals. While previous and existing state environmental programs
270	have achieved varying degrees of success, few of these programs
271	can be evaluated as to the extent of their achievements,
272	primarily because performance measures, standards, outcomes, and
273	goals were not established at the outset. Therefore, the Florida
274	Forever program shall be developed and implemented in the
275	context of measurable state goals and objectives.
276	10.  It is the intent of the Legislature to change the
277	focus and direction of the state's major land acquisition
278	programs and to extend funding and bonding capabilities, so that
279	future generations may enjoy the natural resources of Florida.
280	(b)  The Legislature recognizes that acquisition is only
281	one way to achieve the aforementioned goals and encourages the
282	development of creative partnerships between governmental
283	agencies and private landowners. Land protection agreements and
284	similar tools should be used, where appropriate, to bring
285	environmentally sensitive tracts under an acceptable level of
286	protection at a lower financial cost to the public, and to
287	provide private landowners with the opportunity to enjoy and
288	benefit from their property.
289	(c)  Public agencies or other entities that receive funds
290	under this section are encouraged to better coordinate their
291	expenditures so that project acquisitions, when combined with
292	acquisitions under Preservation 2000, Save Our Rivers, the
293	Florida Communities Trust, and other public land acquisition
294	programs, will form more complete patterns of protection for
295	natural areas and functioning ecosystems, to better accomplish
296	the intent of this section.
297	(d)  A long-term financial commitment to managing Florida's
298	public lands must accompany any new land acquisition program to
299	ensure that the natural resource values of such lands are
300	protected, that the public has the opportunity to enjoy the
301	lands to their fullest potential, and that the state achieves
302	the full benefits of its investment of public dollars.
303	(e)  With limited dollars available for restoration and
304	acquisition of land and water areas and for providing long-term
305	management and capital improvements, a competitive selection
306	process can select those projects best able to meet the goals of
307	Florida Forever and maximize the efficient use of the program's
308	funding.
309	(f)  To ensure success and provide accountability to the
310	citizens of this state, it is the intent of the Legislature that
311	any bond proceeds used pursuant to this section be used to
312	implement the goals and objectives recommended by the Florida
313	Forever Advisory Council as approved by the Board of Trustees of
314	the Internal Improvement Trust Fund and the Legislature.
315	(g)  As it has with previous land acquisition programs, the
316	Legislature recognizes the desires of the citizens of this state
317	to prosper through economic development and to preserve the
318	natural areas and recreational open space of Florida. The
319	Legislature further recognizes the urgency of restoring the
320	natural functions of public lands or water bodies before they
321	are degraded to a point where recovery may never occur, yet
322	acknowledges the difficulty of ensuring adequate funding for
323	restoration efforts in light of other equally critical financial
324	needs of the state. It is the Legislature's desire and intent to
325	fund the implementation of this section and to do so in a
326	fiscally responsible manner, by issuing bonds to be repaid with
327	documentary stamp tax revenue.
328	(h)  The Legislature further recognizes the important role
329	that many of our state and federal military installations
330	contribute to protecting and preserving Florida's natural
331	resources as well as our economic prosperity. Where the state's
332	land conservation plans overlap with the military's need to
333	protect lands, waters, and habitat to ensure the sustainability
334	of military missions, it is the Legislature's intent that
335	agencies receiving funds under this program cooperate with our
336	military partners to protect and buffer military installations
337	and military airspace, by:
338	1.  Protecting habitat on nonmilitary land for any species
339	found on military land that is designated as threatened or
340	endangered, or is a candidate for such designation under the
341	Endangered Species Act or any Florida statute.
342	2.  Protecting areas underlying low-level military air
343	corridors or operating areas.
344	3.  Protecting areas identified as clear zones, accident
345	potential zones, and air installation compatible use buffer
346	zones delineated by our military partners.
347	(10)  The Acquisition and Restoration Council shall give
348	increased priority to those projects for which matching funds
349	are available and to project elements previously identified on
350	an acquisition list pursuant to this section that can be
351	acquired at 80 percent or less of appraised value. The council
352	shall also give increased priority to those projects where the
353	state's land conservation plans overlap with the military's need
354	to protect lands, water, and habitat to ensure the
355	sustainability of military missions, including:
356	(a)  Protecting habitat on nonmilitary land for any species
357	found on military land that is designated as threatened or
358	endangered, or is a candidate for such designation under the
359	Endangered Species Act or any Florida statute.
360	(b)  Protecting areas underlying low-level military air
361	corridors or operating areas.
362	(c)  Protecting areas identified as clear zones, accident
363	potential zones, and air installation compatible use buffer
364	zones delineated by our military partners, and for which federal
365	or other funding is available to assist with the project.
366	Section 6.  Subsections (1) and (2) of section 259.1051,
367	Florida Statutes, are amended to read:
368	259.1051  Florida Forever Trust Fund.--
369	(1)  There is created the Florida Forever Trust Fund to
370	carry out the purposes of ss. 259.032, 259.105, 259.1052, and
371	375.031. The Florida Forever Trust Fund shall be held and
372	administered by the Department of Environmental Protection.
373	Proceeds from the sale of bonds, except proceeds of refunding
374	bonds, issued under s. 215.618 and payable from moneys
375	transferred to the Land Acquisition Trust Fund under s.
376	201.15(1)(a), not to exceed $3 billion, must be deposited into
377	this trust fund to be distributed and used as provided in s.
378	259.105(3). The bond resolution adopted by the governing board
379	of the Division of Bond Finance of the State Board of
380	Administration may provide for additional provisions that govern
381	the disbursement of the bond proceeds.
382	(2)  The Department of Environmental Protection shall
383	distribute revenues from the Florida Forever Trust Fund only to
384	programs of state agencies or local governments as set out in s.
385	259.105(3) or as provided in s. 259.1052. Excluding
386	distributions to the Save Our Everglades Trust Fund and
387	distributions for the acquisition of the Babcock Crescent B
388	Ranch Florida Forever acquisition as provided in s. 259.1052,
389	the distributions shall be spent by the recipient within 90 days
390	after the date on which the Department of Environmental
391	Protection initiates the transfer.
392	Section 7.  Section 259.1052, Florida Statutes, is created
393	to read:
394	259.1052  Babcock Crescent B Ranch Florida Forever
395	acquisition; conditions for purchase.--
396	(1)  The acquisition of the state's portion of the Babcock
397	Crescent B Ranch by the Board of Trustees of the Internal
398	Improvement Trust Fund is a conservation acquisition under the
399	Florida Forever program created in s. 259.105, with a goal of
400	sustaining the ecological and economic integrity of the property
401	being acquired while allowing the business of the ranch to
402	operate and prosper. The management of the preserve shall be as
403	provided in s. 259.106, notwithstanding any other provision of
404	law to the contrary.
405	(2)  The Legislature recognizes that the acquisition of the
406	state's portion of the Babcock Crescent B Ranch represents a
407	unique opportunity to assist in preserving the largest private
408	and undeveloped single-ownership tract of land in Charlotte
409	County. The Legislature further recognizes Lee County as a
410	partner in the acquisition of the ranch.
411	(3)  This section authorizes the acquisition of the state's
412	portion of the Babcock Crescent B Ranch in order to protect and
413	preserve for future generations the scientific, scenic,
414	historic, and natural values of the ranch, including rivers and
415	ecosystems; to protect and preserve the archaeological,
416	geological, and cultural resources of the ranch; to provide for
417	species recovery; and to provide opportunities for public
418	recreation.
419	(4)  In addition to distributions authorized under s.
420	259.105(3), the Department of Environmental Protection is
421	authorized to distribute $310 million in revenues from the
422	Florida Forever Trust Fund. This distribution shall represent
423	payment in full for the portion of the Babcock Crescent B Ranch
424	to be acquired by the state under this section.
425	(5)  As used in this section, the term "state's portion of
426	the Babcock Crescent B Ranch" means those lands conveyed by
427	special warranty deed to the Board of Trustees of the Internal
428	Improvement Trust Fund under the provisions of the agreement for
429	sale and purchase executed by the Board of Trustees of the
430	Internal Improvement Trust Fund, the Fish and Wildlife
431	Conservation Commission, the Department of Agriculture and
432	Consumer Services, and the participating local government, as
433	purchaser, and MSKP, III, a Florida corporation, as seller.
434
435
436	======= T I T L E  A M E N D M E N T =======
437	Remove line 2 and insert:
438	An act relating to land acquisition and management;
439	amending s. 201.15, F.S.; providing that taxes distributed
440	to pay debt service on Preservation 2000 bonds, Florida
441	Forever bonds, and Save Our Everglades bonds shall, under
442	specified circumstances, be collectively distributed on a
443	pro rata basis; correcting a cross-reference; deleting
444	obsolete provisions; amending s. 215.619, F.S.; providing
445	that Everglades restoration bonds are on a parity basis
446	with other land acquisition bonds; amending s. 259.032,
447	F.S.; authorizing the use of funds in the Conservation and
448	Recreation Lands Trust Fund for management, maintenance,
449	and capital improvements for conservation and recreation
450	lands, including lands acquired under the Babcock Crescent
451	B Ranch Florida Forever acquisition; revising requirements
452	for the development of an individual land management plan;
453	amending s. 259.105, F.S.; establishing the Legislature's
454	intent that the protection and buffering of military
455	installations is of great importance; directing the
456	Acquisition and Restoration Council to also give priority
457	consideration to the acquisition of lands that protect and
458	buffer military installations; amending s. 259.1051, F.S.;
459	conforming the distribution of funds from the Florida
460	Forever Trust Fund; creating s. 259.1052, F.S.; providing
461	for the acquisition of the state's portion of the Babcock
462	Crescent B Ranch; providing a definition; granting
463	authority to the Department of Environmental Protection to
464	distribute funds for the acquisition of the Babcock
465	Crescent B Ranch; creating s. 259.106,

CODING: Words stricken are deletions; words underlined are additions.