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
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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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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.
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23 Be It Enacted by the Legislature of the State of Florida:
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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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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:
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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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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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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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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS for Senate Bill 1486
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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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