Senate Bill sb1486c2

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    Florida Senate - 2007                    CS for CS for SB 1486

    By the Committees on Community Affairs; Environmental
    Preservation and Conservation; and Senators Oelrich and
    Constantine



    578-2662-07

  1                      A bill to be entitled

  2         An act relating to conservation lands; creating

  3         the "Florida Springs Protection Act"; creating

  4         s. 369.402, F.S.; providing legislative intent;

  5         creating s. 369.403, F.S.; defining terms;

  6         creating s. 369.407, F.S.; prescribing duties

  7         of the Department of Environmental Protection,

  8         alone and in coordination with other

  9         governmental entities, with respect to

10         protection of springs and surrounding lands;

11         requiring a report; amending s. 704.06, F.S.;

12         providing that all provisions of a conservation

13         easement shall survive and remain enforceable

14         after the issuance of a tax deed; authorizing

15         two or more counties, or a combination of at

16         least one county and municipality, to establish

17         a tax increment area for conservation lands by

18         interlocal agreement; providing requirements

19         for such an interlocal agreement; requiring

20         that a tax increment be determined annually;

21         limiting the amount of the tax increment;

22         requiring the establishment of a separate

23         reserve account for each tax increment area;

24         providing for a refund; requiring an annual

25         audit of the separate reserve account;

26         providing for the administration of the

27         separate reserve account; providing that the

28         governmental body that administers the separate

29         reserve account may spend revenues from the tax

30         increment to purchase real property only if all

31         parties to the interlocal agreement adopt a

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    Florida Senate - 2007                    CS for CS for SB 1486
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 1         resolution that approves the purchase price;

 2         providing that a water management district may

 3         be a party to the interlocal agreement;

 4         requiring certain approvals from the Department

 5         of Environmental Protection and the Department

 6         of Community Affairs; providing a comparative

 7         standard on which the minimum annual funding of

 8         the separate reserve account must be based;

 9         requiring a taxing authority that does not pay

10         tax increment revenues to the separate reserve

11         account before a specified date to pay a

12         specified amount of interest on the amount of

13         unpaid increment revenues; providing exemptions

14         for certain public bodies, taxing authorities,

15         and special districts; providing that revenue

16         bonds may be paid only from revenues deposited

17         into the separate reserve account; providing

18         that such revenue bonds are not a debt,

19         liability, or obligation of the state or any

20         public body; providing legislative findings;

21         providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Part IV of chapter 369, Florida Statutes,

26  consisting of sections 369.401, 369.402, 369.403, and 369.404,

27  is created to read:

28         369.401  Short title.--This part may be cited as the

29  "Florida Springs Stewardship Act."

30         369.402  Legislative findings and intent.--The

31  Legislature finds that:

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    Florida Senate - 2007                    CS for CS for SB 1486
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 1         (1)  Florida's springs are valuable resources that

 2  provide recreational and tourism opportunities and are a great

 3  financial benefit to local economies and that Florida's

 4  springs provide critical habitat for endangered or threatened

 5  species of plants and animals.

 6         (2)  The flow and water quality of Florida's springs

 7  are direct reflections of the aquifer systems in Florida and

 8  consequently are indicators of the condition of a significant

 9  portion of the state's water resources.

10         (3)  Cooperative efforts can best develop the

11  mechanisms to identify best management practices for the

12  protection, restoration, and preservation of Florida's water

13  resources, including springs.

14         (4)  The residents of Florida desire to be good

15  stewards of the state's resources, and through educational

16  awareness programs, will voluntarily implement best management

17  practices into their daily activities.

18         369.403  Definitions.--For purposes of this part, the

19  term:

20         (1)  "Seep" means a place where the water table aquifer

21  intersects the land surface and flows onto the land.

22         (2)  "Spring" means a point where groundwater is

23  discharged onto the earth's surface, including points under

24  any surface water of the state, and excluding seeps.

25         (3)  "Zone of influence" means the geographic area that

26  contributes most directly to the water quantity and quality of

27  a spring.

28         369.404  Florida Springs Stewardship Task Force.--

29         (1)  The Florida Springs Stewardship Task Force is

30  hereby created and shall consist of nine members as follows:

31  

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    Florida Senate - 2007                    CS for CS for SB 1486
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 1         (a)  One representative from the Department of

 2  Environmental Protection.

 3         (b)  One representative from the Department of

 4  Agriculture and Consumer Services.

 5         (c)  One representative from the Department of

 6  Community Affairs.

 7         (d)  One representative from the water management

 8  district having the greatest number of first-magnitude springs

 9  within its jurisdiction.

10         (e)  Two members appointed by the President of the

11  Senate, one of whom must be a representative of the

12  development community and one of whom must be a representative

13  of a local chamber of commerce.

14         (f)  Two members appointed by the Speaker of the House

15  of Representatives, one of whom shall be a locally elected

16  county or municipal official and one of whom shall be a

17  representative of the environmental community.

18         (g)  One member appointed by the Commissioner of

19  Agriculture who shall be a representative of the agricultural

20  community.

21         (2)  Task force members shall be appointed no later

22  than August 1, 2007. Members shall choose a chair and

23  vice-chair from the membership of the task force.

24         (3)  The task force shall:

25         (a)  Collect and inventory all existing data

26  identifying zones of influence for each of Florida's 33 known

27  first-magnitude springs and identifying land uses in these

28  areas.

29         (b)  Identify and compile a list of existing best

30  management practices for identified land uses and other water

31  pollutant controls.

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 1         (c)  Identify any and all existing and reasonably

 2  expected funding sources available to implement best

 3  management practices and other water pollutant controls that

 4  protect Florida's first-magnitude springs and propose a

 5  priority list of projects for the funding.

 6         (d)  Receive public input and testimony regarding

 7  issues related to springs protection, restoration, and

 8  preservation.

 9         (e)  Propose a program of increased emphasis on

10  education and outreach that encourages the implementation of

11  best management practices for agricultural and nonagricultural

12  land uses and other water pollutant controls, including

13  specific provisions for cost-share assistance with the

14  implementation of best management practices as well as

15  recognition of agricultural and nonagricultural landowners who

16  participate in the best management practices program.

17         (4)  The task force shall submit a report summarizing

18  the data collected, public input and testimony, and the

19  findings and proposals of the task force to the President of

20  the Senate and the Speaker of the House of Representatives no

21  later than January 31, 2008.

22         (5)  The task force shall expire on January 31, 2008.

23         Section 2.  Subsection (4) of section 704.06, Florida

24  Statutes, is amended to read:

25         704.06  Conservation easements; creation; acquisition;

26  enforcement.--

27         (4)  Conservation easements shall run with the land and

28  be binding on all subsequent owners of the servient estate.

29  Notwithstanding the provisions of s. 197.552, all provisions

30  of a conservation easement shall survive and are enforceable

31  after the issuance of a tax deed. No conservation easement

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 1  shall be unenforceable on account of lack of privity of

 2  contract or lack of benefit to particular land or on account

 3  of the benefit being assignable. Conservation easements may be

 4  enforced by injunction or proceeding in equity or at law, and

 5  shall entitle the holder to enter the land in a reasonable

 6  manner and at reasonable times to assure compliance.  A

 7  conservation easement may be released by the holder of the

 8  easement to the holder of the fee even though the holder of

 9  the fee may not be a governmental body or a charitable

10  corporation or trust.

11         Section 3.  Tax increment financing for conservation

12  lands.--

13         (1)  Two or more counties, or a combination of at least

14  one county and one or more municipalities, may establish,

15  through an interlocal agreement, a tax increment area for

16  conservation lands. The interlocal agreement, at a minimum,

17  must:

18         (a)  Identify the geographic boundaries of the tax

19  increment area;

20         (b)  Identify the real property to be acquired as

21  conservation land within the tax increment area;

22         (c)  Establish the percentage of tax increment

23  financing for each jurisdiction in the tax increment area;

24         (d)  Identify the governing body of the jurisdiction

25  that will administer a separate reserve account in which the

26  tax increment will be deposited;

27         (e)  Require that any tax increment revenues not used

28  to purchase conservation lands by a date certain be refunded

29  to the parties to the interlocal agreement. Any refund shall

30  be proportionate to the parties' payment of tax increment

31  revenues into the separate reserve account;

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    Florida Senate - 2007                    CS for CS for SB 1486
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 1         (f)  Provide for an annual audit of the separate

 2  reserve account;

 3         (g)  Designate an entity to hold title to any

 4  conservation lands purchased using the tax increment revenues;

 5         (h)  Provide for a continuing management plan for the

 6  conservation lands; and

 7         (i)  Identify the entity that will manage these

 8  conservation lands.

 9         (2)  The water management district in which

10  conservation lands proposed for purchase under this section

11  are located may also enter into the interlocal agreement if

12  the district provides any funds for the purchase of the

13  conservation lands. The water management districts may only

14  use ad valorem tax revenues for agreements described within

15  this section.

16         (3)  The governing body of the jurisdiction that will

17  administer the separate reserve account shall provide

18  documentation to the Department of Community Affairs

19  identifying the boundary of the tax increment area. The

20  department shall determine whether the boundary is appropriate

21  in that property owners within the boundary will receive a

22  benefit from the proposed purchase of identified conservation

23  lands. The department must issue a letter of approval stating

24  that the establishment of the tax increment area and the

25  proposed purchases would benefit property owners within the

26  boundary and serve a public purpose before any tax increment

27  funds are deposited into the separate reserve account. If the

28  department fails to provide the required letter within 90 days

29  after receiving sufficient documentation of the boundary, the

30  establishment of the area and the proposed purchases are

31  deemed to provide such benefit and serve a public purpose.

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 1         (4)  Prior to the purchase of conservation lands under

 2  this section, the Department of Environmental Protection must

 3  determine whether the proposed purchase is sufficient to

 4  provide additional recreational and ecotourism opportunities

 5  for residents in the tax increment area. If the department

 6  fails to provide a letter of approval within 90 days after

 7  receipt of the request for such a letter, the purchase is

 8  deemed sufficient to provide recreation and ecotourism

 9  opportunities.

10         (5)  The tax increment authorized under this section

11  shall be determined annually and may not exceed 95 percent of

12  the difference in ad valorem taxes as provided in s.

13  163.387(1)(a), Florida Statutes.

14         (6)  A separate reserve account must be established for

15  each tax increment area for conservation lands which is

16  created under this section. The separate reserve account must

17  be administered pursuant to the terms of the interlocal

18  agreement. Tax increment funds allocated to this separate

19  reserve account shall be used to acquire the real property

20  identified for purchase in the interlocal agreement. Pursuant

21  to the interlocal agreement, the governing body of the local

22  government that will administer the separate reserve account

23  may spend increment revenues to purchase the real property

24  only if all parties to the interlocal agreement adopt a

25  resolution approving the purchase price.

26         (7)  The annual funding of the separate reserve account

27  may not be less than the increment income of each taxing

28  authority which is held as provided in the interlocal

29  agreement for the purchase of conservation lands.

30         (8)  Unless otherwise provided in the interlocal

31  agreement, a taxing authority that does not pay the tax

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    Florida Senate - 2007                    CS for CS for SB 1486
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 1  increment revenues to the separate reserve account by January

 2  1 shall pay interest on the amount of unpaid increment

 3  revenues equal to 1 percent for each month that the increment

 4  revenue remains outstanding.

 5         (9)  The public bodies and taxing authorities listed in

 6  s. 163.387(2)(c), Florida Statutes, and special districts that

 7  levy ad valorem taxes within a tax increment area are exempt

 8  from this section.

 9         (10)  Revenue bonds under this section are payable

10  solely out of revenues pledged to and received by the local

11  government administering the separate reserve account and

12  deposited into the separate reserve account. The revenue bonds

13  issued under this section do not constitute a debt, liability,

14  or obligation of a public body, the state, or any of the

15  state's political subdivisions.

16         Section 4.  The Legislature finds that an inadequate

17  supply of conservation lands limits recreational opportunities

18  and negatively impacts the economy, health, and welfare of the

19  surrounding community. The Legislature also finds that

20  acquiring conservation lands for recreational opportunities

21  and ecotourism serves a valid public purpose.

22         Section 5.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                    CS for CS for SB 1486
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 1486

 3                                 

 4  The committee substitute creates the Florida Springs
    Stewardship Act, provides for a nine member Florida Springs
 5  Stewardship Task Force consisting of one representative each
    from the Department of Environmental Protection, the
 6  Department of Agriculture and Consumer Services, Department of
    Community Affairs, and the Suwannee River Water Management
 7  District, two representatives appointed by the President of
    the Senate, two representatives appointed by the Speaker of
 8  the House of Representatives, and one representative appointed
    by the Commissioner of Agriculture. Duties and
 9  responsibilities of the task force are provided, and a report
    is due to the Legislature by January 31, 2008. On the date the
10  task force report is due, the task force will expire.

11  Notwithstanding the provisions of s. 197.552, F.S., all
    provisions of a conservation easement shall survive and are
12  enforceable after the issuance of a tax deed. Two or more
    counties, or a combination of at least one county and one
13  municipality are authorized to establish a tax increment area
    for conservation lands by interlocal agreement. Requirements
14  for the interlocal agreement are provided. The amount of the
    tax increment is limited and must be determined annually.
15  Separate reserve accounts for each tax increment area are
    required. Water management districts are authorized to be a
16  party to an interlocal agreement. Revenue bonds issued for the
    tax increment area are payable solely out of revenues pledged
17  to and received by the local government administering the
    separate reserve account. Revenue bonds issued in a tax
18  increment area are not a debt, liability, or obligation of a
    public body, the state, or any of the state's political
19  subdivisions.

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