Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 2054, 1st Eng.
                        Barcode 823254
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: WD/3R            .                    
       04/27/2007 09:55 AM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Constantine moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 43, between lines 18 and 19,
15  
16  insert:  
17         Section 22.  Subsection (4) of section 704.06, Florida
18  Statutes, is amended to read:
19         704.06  Conservation easements; creation; acquisition;
20  enforcement.--
21         (4)  Conservation easements shall run with the land and
22  be binding on all subsequent owners of the servient estate.
23  Notwithstanding the provisions of s. 197.552, all provisions
24  of a conservation easement shall survive and are enforceable
25  after the issuance of a tax deed. No conservation easement
26  shall be unenforceable on account of lack of privity of
27  contract or lack of benefit to particular land or on account
28  of the benefit being assignable. Conservation easements may be
29  enforced by injunction or proceeding in equity or at law, and
30  shall entitle the holder to enter the land in a reasonable
31  manner and at reasonable times to assure compliance.  A
                                  1
    2:32 PM   04/26/07                             s2054e1c-22-222

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2054, 1st Eng. Barcode 823254 1 conservation easement may be released by the holder of the 2 easement to the holder of the fee even though the holder of 3 the fee may not be a governmental body or a charitable 4 corporation or trust. 5 Section 23. Tax increment financing for conservation 6 lands.-- 7 (1) Two or more counties, or a combination of at least 8 one county and one or more municipalities, may establish, 9 through an interlocal agreement, a tax increment area for 10 conservation lands. The interlocal agreement, at a minimum, 11 must: 12 (a) Identify the geographic boundaries of the tax 13 increment area; 14 (b) Identify the real property to be acquired as 15 conservation land within the tax increment area; 16 (c) Establish the percentage of tax increment 17 financing for each jurisdiction in the tax increment area; 18 (d) Identify the governing body of the jurisdiction 19 that will administer a separate reserve account in which the 20 tax increment will be deposited; 21 (e) Require that any tax increment revenues not used 22 to purchase conservation lands by a date certain be refunded 23 to the parties to the interlocal agreement. Any refund shall 24 be proportionate to the parties' payment of tax increment 25 revenues into the separate reserve account; 26 (f) Provide for an annual audit of the separate 27 reserve account; 28 (g) Designate an entity to hold title to any 29 conservation lands purchased using the tax increment revenues; 30 (h) Provide for a continuing management plan for the 31 conservation lands; and 2 2:32 PM 04/26/07 s2054e1c-22-222
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2054, 1st Eng. Barcode 823254 1 (i) Identify the entity that will manage these 2 conservation lands. 3 (2) The water management district in which 4 conservation lands proposed for purchase under this section 5 are located may also enter into the interlocal agreement if 6 the district provides any funds for the purchase of the 7 conservation lands. The water management districts may only 8 use ad valorem tax revenues for agreements described within 9 this section. 10 (3) The governing body of the jurisdiction that will 11 administer the separate reserve account shall provide 12 documentation to the Department of Community Affairs 13 identifying the boundary of the tax increment area. The 14 department shall determine whether the boundary is appropriate 15 in that property owners within the boundary will receive a 16 benefit from the proposed purchase of identified conservation 17 lands. The department must issue a letter of approval stating 18 that the establishment of the tax increment area and the 19 proposed purchases would benefit property owners within the 20 boundary and serve a public purpose before any tax increment 21 funds are deposited into the separate reserve account. If the 22 department fails to provide the required letter within 90 days 23 after receiving sufficient documentation of the boundary, the 24 establishment of the area and the proposed purchases are 25 deemed to provide such benefit and serve a public purpose. 26 (4) Prior to the purchase of conservation lands under 27 this section, the Department of Environmental Protection must 28 determine whether the proposed purchase is sufficient to 29 provide additional recreational and ecotourism opportunities 30 for residents in the tax increment area. If the department 31 fails to provide a letter of approval within 90 days after 3 2:32 PM 04/26/07 s2054e1c-22-222
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2054, 1st Eng. Barcode 823254 1 receipt of the request for such a letter, the purchase is 2 deemed sufficient to provide recreation and ecotourism 3 opportunities. 4 (5) The tax increment authorized under this section 5 shall be determined annually and may not exceed 95 percent of 6 the difference in ad valorem taxes as provided in s. 7 163.387(1)(a), Florida Statutes. 8 (6) A separate reserve account must be established for 9 each tax increment area for conservation lands which is 10 created under this section. The separate reserve account must 11 be administered pursuant to the terms of the interlocal 12 agreement. Tax increment funds allocated to this separate 13 reserve account shall be used to acquire the real property 14 identified for purchase in the interlocal agreement. Pursuant 15 to the interlocal agreement, the governing body of the local 16 government that will administer the separate reserve account 17 may spend increment revenues to purchase the real property 18 only if all parties to the interlocal agreement adopt a 19 resolution approving the purchase price. 20 (7) The annual funding of the separate reserve account 21 may not be less than the increment income of each taxing 22 authority which is held as provided in the interlocal 23 agreement for the purchase of conservation lands. 24 (8) Unless otherwise provided in the interlocal 25 agreement, a taxing authority that does not pay the tax 26 increment revenues to the separate reserve account by January 27 1 shall pay interest on the amount of unpaid increment 28 revenues equal to 1 percent for each month that the increment 29 revenue remains outstanding. 30 (9) The public bodies and taxing authorities listed in 31 s. 163.387(2)(c), Florida Statutes, school districts and 4 2:32 PM 04/26/07 s2054e1c-22-222
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2054, 1st Eng. Barcode 823254 1 special districts that levy ad valorem taxes within a tax 2 increment area are exempt from this section. 3 (10) Revenue bonds under this section are payable 4 solely out of revenues pledged to and received by the local 5 government administering the separate reserve account and 6 deposited into the separate reserve account. The revenue bonds 7 issued under this section do not constitute a debt, liability, 8 or obligation of a public body, the state, or any of the 9 state's political subdivisions. 10 Section 24. The Legislature finds that an inadequate 11 supply of conservation lands limits recreational opportunities 12 and negatively impacts the economy, health, and welfare of the 13 surrounding community. The Legislature also finds that 14 acquiring conservation lands for recreational opportunities 15 and ecotourism serves a valid public purpose. 16 17 (Redesignate subsequent sections.) 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 3, line 8, after the semicolon, 23 24 insert: 25 amending s. 704.06, F.S.; providing that all 26 provisions of a conservation easement shall 27 survive and remain enforceable after the 28 issuance of a tax deed; authorizing two or more 29 counties, or a combination of at least one 30 county and municipality, to establish a tax 31 increment area for conservation lands by 5 2:32 PM 04/26/07 s2054e1c-22-222
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2054, 1st Eng. Barcode 823254 1 interlocal agreement; providing requirements 2 for such an interlocal agreement; requiring 3 that a tax increment be determined annually; 4 limiting the amount of the tax increment; 5 requiring the establishment of a separate 6 reserve account for each tax increment area; 7 providing for a refund; requiring an annual 8 audit of the separate reserve account; 9 providing for the administration of the 10 separate reserve account; providing that the 11 governmental body that administers the separate 12 reserve account may spend revenues from the tax 13 increment to purchase real property only if all 14 parties to the interlocal agreement adopt a 15 resolution that approves the purchase price; 16 providing that a water management district may 17 be a party to the interlocal agreement; 18 requiring certain approvals from the Department 19 of Environmental Protection and the Department 20 of Community Affairs; providing a comparative 21 standard on which the minimum annual funding of 22 the separate reserve account must be based; 23 requiring a taxing authority that does not pay 24 tax increment revenues to the separate reserve 25 account before a specified date to pay a 26 specified amount of interest on the amount of 27 unpaid increment revenues; providing exemptions 28 for certain public bodies, taxing authorities, 29 school districts and special districts; 30 providing that revenue bonds may be paid only 31 from revenues deposited into the separate 6 2:32 PM 04/26/07 s2054e1c-22-222
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 2054, 1st Eng. Barcode 823254 1 reserve account; providing that such revenue 2 bonds are not a debt, liability, or obligation 3 of the state or any public body; providing 4 legislative findings; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 2:32 PM 04/26/07 s2054e1c-22-222