Senate Bill sb2054e2
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1 A bill to be entitled
2 An act relating to the Department of
3 Environmental Protection; amending s. 258.007,
4 F.S.; deleting a penalty for a rule violation;
5 creating s. 258.008, F.S.; creating penalties
6 for the violation of rules adopted under ch.
7 258, F.S., and for specified activities within
8 the boundaries of a state park; providing for
9 fines to be deposited into the State Park Trust
10 Fund; providing for court costs under certain
11 circumstances; amending s. 316.212, F.S.;
12 allowing the operation of golf carts on roads
13 within the state park system under certain
14 conditions; amending s. 373.073, F.S.;
15 providing for two additional members to be
16 appointed to the governing board of the South
17 Florida Water Management District; revising the
18 residence requirements for the members of the
19 governing board; amending s. 373.4142, F.S.;
20 providing statewide consistency for water
21 quality standards in the Northwest Florida
22 Water Management District; amending s. 373.414,
23 F.S.; providing that certain variance
24 provisions apply in the Northwest Florida Water
25 Management District; amending s. 373.4211,
26 F.S.; ratifying the wetland rule and amending
27 it to include certain plant species approved by
28 the Environmental Regulation Commission;
29 providing for delay of the ratification until
30 certain conditions are met; amending s.
31 403.50663, F.S.; clarifying certain notice
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1 requirements; amending s. 403.50665, F.S.;
2 providing for a local government to issue a
3 statement of inconsistency with existing land
4 use plans and zoning ordinances due to
5 incompleteness of information necessary for an
6 evaluation; amending s. 403.508, F.S.;
7 clarifying certain hearing requirements for
8 land use and certification hearings; amending
9 s. 403.509, F.S.; clarifying certain provisions
10 relating to certifications issued by the
11 Department of Environmental Protection;
12 amending s. 403.5113, F.S.; providing technical
13 corrections to provisions requiring
14 postcertification amendments and review;
15 amending s. 403.5115, F.S.; clarifying certain
16 public-notice requirements; amending s.
17 403.5252, F.S.; clarifying provisions relating
18 to the determination of completeness of an
19 application for an electric transmission line;
20 amending s. 403.527, F.S.; clarifying the time
21 under which the department or the applicant may
22 request the cancellation of a certification
23 hearing for a proposed transmission line;
24 amending s. 403.5271, F.S.; clarifying the
25 responsibilities of reviewing agencies to
26 review the completeness of an application;
27 amending s. 403.5317, F.S.; clarifying the
28 provisions relating to a change in the
29 condition of a certification; amending s.
30 403.5363, F.S.; providing that notice of a
31 cancellation of a certification hearing must be
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1 within a certain time; amending s. 376.30715,
2 F.S.; amending s. 373.459, F.S.; repealing a
3 provision that repealed a subsection concerning
4 financial match requirements and certain
5 expenditure limitations for surface water
6 protection programs; amending s. 704.06, F.S.;
7 providing that all provisions of a conservation
8 easement shall survive and remain enforceable
9 after the issuance of a tax deed; authorizing
10 two or more counties, or a combination of at
11 least one county and municipality, to establish
12 a tax increment area for conservation lands by
13 interlocal agreement; providing requirements
14 for such an interlocal agreement; requiring
15 that a tax increment be determined annually;
16 limiting the amount of the tax increment;
17 requiring the establishment of a separate
18 reserve account for each tax increment area;
19 providing for a refund; requiring an annual
20 audit of the separate reserve account;
21 providing for the administration of the
22 separate reserve account; providing that the
23 governmental body that administers the separate
24 reserve account may spend revenues from the tax
25 increment to purchase real property only if all
26 parties to the interlocal agreement adopt a
27 resolution that approves the purchase price;
28 providing that a water management district may
29 be a party to the interlocal agreement;
30 requiring certain approvals from the Department
31 of Environmental Protection and the Department
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1 of Community Affairs; providing a comparative
2 standard on which the minimum annual funding of
3 the separate reserve account must be based;
4 requiring a taxing authority that does not pay
5 tax increment revenues to the separate reserve
6 account before a specified date to pay a
7 specified amount of interest on the amount of
8 unpaid increment revenues; providing exemptions
9 for certain public bodies, taxing authorities,
10 school districts and special districts;
11 providing that revenue bonds may be paid only
12 from revenues deposited into the separate
13 reserve account; providing that such revenue
14 bonds are not a debt, liability, or obligation
15 of the state or any public body; providing
16 legislative findings; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (2) of section 258.007, Florida
22 Statutes, is amended to read:
23 258.007 Powers of division.--
24 (2) The division has authority to adopt rules pursuant
25 to ss. 120.536(1) and 120.54 to implement provisions of law
26 conferring duties on it, and to impose penalties for the
27 violation of any rule authorized by this section shall be a
28 misdemeanor and punishable accordingly.
29 Section 2. Section 258.008, Florida Statutes, is
30 created to read:
31 258.008 Prohibited activities; penalties.--
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1 (1) Except as provided in subsection (3), any person
2 who violates or otherwise fails to comply with the rules
3 adopted under this chapter commits a noncriminal infraction
4 for which ejection from all property managed by the Division
5 of Recreation and Parks and a fine of up to $1,000 may be
6 imposed by the division.
7 (2) In addition to penalties imposed under subsection
8 (1), any person who fails to sign a citation given under
9 subsection (1), fails to appear in court in response to such
10 citation, or fails to comply with the court's order commits a
11 misdemeanor of the second degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (3) Any person who engages in any of the following
14 activities within the boundaries of a state park without first
15 obtaining the express permission of the Division of Recreation
16 and Parks commits a misdemeanor of the second degree,
17 punishable as provided in s. 775.082 or s. 775.083, and shall
18 be ejected from all property managed by the division:
19 (a) Cutting, carving, injuring, mutilating, moving,
20 displacing, or breaking off any water-bottom formation or
21 coral;
22 (b) Capturing, trapping, or injuring a wild animal;
23 (c) Collecting plant or animal specimens;
24 (d) Leaving the designated public roads in a vehicle;
25 or
26 (e) Hunting.
27 (4) Fines paid under this section shall be paid to the
28 Department of Environmental Protection and deposited in the
29 State Park Trust Fund. If a person who receives a citation
30 elects to defend himself or herself in court, the county small
31 claims court for the county in which the violation occurred
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1 shall have jurisdiction. Court costs shall be determined by
2 and paid to the court as ordered by the court. A person who
3 receives a citation but fails to pay the fine, sign and accept
4 a citation, appear in court, or comply with the court's order
5 may not enter any state park property until he or she has paid
6 the fine, complied with the procedure, or complied with the
7 order. The department may establish by rule the procedures for
8 giving a citation, giving a notice of appearance in court,
9 payment of fines, and listing of persons ejected from state
10 parks; the amounts of fines for civil infractions up to
11 $1,000; definitions; time limits and deadlines; and any other
12 matter necessary to implement this section.
13 Section 3. Section 316.212, Florida Statutes, is
14 amended to read:
15 316.212 Operation of golf carts on certain
16 roadways.--The operation of a golf cart upon the public roads
17 or streets of this state is prohibited except as provided
18 herein:
19 (1) A golf cart may be operated only upon a county
20 road that has been designated by a county, or a municipal
21 street that has been designated by a municipality, for use by
22 golf carts. Prior to making such a designation, the
23 responsible local governmental entity must first determine
24 that golf carts may safely travel on or cross the public road
25 or street, considering factors including the speed, volume,
26 and character of motor vehicle traffic using the road or
27 street. Upon a determination that golf carts may be safely
28 operated on a designated road or street, the responsible
29 governmental entity shall post appropriate signs to indicate
30 that such operation is allowed.
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1 (2) A golf cart may be operated on a part of the State
2 Highway System only under the following conditions:
3 (a) To cross a portion of the State Highway System
4 which intersects a county road or municipal street that has
5 been designated for use by golf carts if the Department of
6 Transportation has reviewed and approved the location and
7 design of the crossing and any traffic control devices needed
8 for safety purposes.
9 (b) To cross, at midblock, a part of the State Highway
10 System where a golf course is constructed on both sides of the
11 highway if the Department of Transportation has reviewed and
12 approved the location and design of the crossing and any
13 traffic control devices needed for safety purposes.
14 (c) A golf cart may be operated on a state road that
15 has been designated for transfer to a local government unit
16 pursuant to s. 335.0415 if the Department of Transportation
17 determines that the operation of a golf cart within the
18 right-of-way of the road will not impede the safe and
19 efficient flow of motor vehicular traffic. The department may
20 authorize the operation of golf carts on such a road if:
21 1. The road is the only available public road along
22 which golf carts may travel or cross or the road provides the
23 safest travel route among alternative routes available; and
24 2. The speed, volume, and character of motor vehicular
25 traffic using the road is considered in making such a
26 determination.
27
28 Upon its determination that golf carts may be operated on a
29 given road, the department shall post appropriate signs on the
30 road to indicate that such operation is allowed.
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1 (3) Any other provision of this section to the
2 contrary notwithstanding, a golf cart may be operated for the
3 purpose of crossing a street or highway where a single mobile
4 home park is located on both sides of the street or highway
5 and is divided by that street or highway, provided that the
6 governmental entity having original jurisdiction over such
7 street or highway shall review and approve the location of the
8 crossing and require implementation of any traffic controls
9 needed for safety purposes. This subsection shall apply only
10 to residents or guests of the mobile home park. Any other
11 provision of law to the contrary notwithstanding, if notice is
12 posted at the entrance and exit to any mobile home park that
13 residents of the park utilize golf carts or electric vehicles
14 within the confines of the park it shall not be necessary that
15 the park have a gate or other device at the entrance and exit
16 in order for such golf carts or electric vehicles to be
17 lawfully operated in the park.
18 (4) Notwithstanding any other provisions of this
19 section, a golf cart may be operated on a road that is part of
20 the State Park Road System and where the posted speed limit is
21 35 miles per hour or less, and where not otherwise prohibited
22 by the Division of Recreation and Parks of the Department of
23 Environmental Protection.
24 (5)(4) A golf cart may be operated only during the
25 hours between sunrise and sunset, unless the responsible
26 governmental entity has determined that a golf cart may be
27 operated during the hours between sunset and sunrise and the
28 golf cart is equipped with headlights, brake lights, turn
29 signals, and a windshield.
30 (6)(5) A golf cart must be equipped with efficient
31 brakes, reliable steering apparatus, safe tires, a rearview
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1 mirror, and red reflectorized warning devices in both the
2 front and rear.
3 (7)(6) A golf cart may not be operated on public roads
4 or streets by any person under the age of 14.
5 (8)(7) A local governmental entity may enact an
6 ordinance regarding golf cart operation and equipment which is
7 more restrictive than those enumerated in this section. Upon
8 enactment of any such ordinance, the local governmental entity
9 shall post appropriate signs or otherwise inform the residents
10 that such an ordinance exists and that it shall be enforced
11 within the local government's jurisdictional territory. An
12 ordinance referred to in this section must apply only to an
13 unlicensed driver.
14 (9)(8) A violation of this section is a noncriminal
15 traffic infraction, punishable pursuant to chapter 318 as a
16 moving violation for infractions of subsection (1), subsection
17 (2), subsection (3), subsection (5) (4), or a local ordinance
18 corresponding thereto and enacted pursuant to subsection (8)
19 (7), or punishable pursuant to chapter 318 as a nonmoving
20 violation for infractions of subsection (6) (5), subsection
21 (7) (6), or a local ordinance corresponding thereto and
22 enacted pursuant to subsection (8) (7).
23 Section 4. Subsection (1) and paragraph (d) of
24 subsection (2) of section 373.073, Florida Statutes, are
25 amended to read:
26 373.073 Governing board.--
27 (1)(a) The governing board of each water management
28 district shall be composed of 9 members who shall reside
29 within the district, except that the South Florida Water
30 Management District and the Southwest Florida Water Management
31 District shall be composed of 11 members who shall reside
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1 within their respective districts the district. Members of the
2 governing boards shall be appointed by the Governor, subject
3 to confirmation by the Senate at the next regular session of
4 the Legislature, and the refusal or failure of the Senate to
5 confirm an appointment creates a vacancy in the office to
6 which the appointment was made. The term of office for a
7 governing board member is 4 years and commences on March 2 of
8 the year in which the appointment is made and terminates on
9 March 1 of the fourth calendar year of the term or may
10 continue until a successor is appointed, but not more than 180
11 days. Terms of office of governing board members shall be
12 staggered to help maintain consistency and continuity in the
13 exercise of governing board duties and to minimize disruption
14 in district operations.
15 (b) Commencing January 1, 1999, the Governor shall
16 appoint the following number of governing board members in
17 each year of the Governor's 4-year term of office:
18 1. In the first year of the Governor's term of office,
19 the Governor shall appoint three members to the governing
20 board of each district.
21 2. In the second year of the Governor's term of
22 office, the Governor shall appoint three members to the
23 governing board of the South Florida Water Management
24 District, three members to the governing board of the
25 Southwest Florida Water Management District, and two members
26 to the governing board of each other district.
27 3. In the third year of the Governor's term of office,
28 the Governor shall appoint three members to the governing
29 board of the South Florida Water Management District, three
30 members to the governing board of the Southwest Florida Water
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1 Management District, and two members to the governing board of
2 each other district.
3 4. In the fourth year of the Governor's term of
4 office, the Governor shall appoint two members to the
5 governing board of each district.
6
7 For any governing board vacancy that occurs before the date
8 scheduled for the office to be filled under this paragraph,
9 the Governor shall appoint a person meeting residency
10 requirements of subsection (2) for a term that will expire on
11 the date scheduled for the term of that office to terminate
12 under this subsection. In addition to the residency
13 requirements for the governing boards as provided by
14 subsection (2), the Governor shall consider appointing
15 governing board members to represent an equitable cross
16 section of regional interests and technical expertise.
17 (2) Membership on governing boards shall be selected
18 from candidates who have significant experience in one or more
19 of the following areas, including, but not limited to:
20 agriculture, the development industry, local government,
21 government-owned or privately owned water utilities, law,
22 civil engineering, environmental science, hydrology,
23 accounting, or financial businesses. Notwithstanding the
24 provisions of any other general or special law to the
25 contrary, vacancies in the governing boards of the water
26 management districts shall be filled according to the
27 following residency requirements, representing areas
28 designated by the United States Water Resources Council in
29 United States Geological Survey, River Basin and Hydrological
30 Unit Map of Florida--1975, Map Series No. 72:
31 (d) South Florida Water Management District:
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1 1. Two members shall reside in Dade County.
2 2. One member shall reside in Broward County.
3 3. One member shall reside in Palm Beach County.
4 4. One member shall reside in Lee County.
5 5. One member shall reside in St. Lucie County or
6 Martin County.
7 6.4. One member shall reside in Collier County, Lee
8 County, Hendry County, or Charlotte County.
9 7.5. One member shall reside in Glades County,
10 Okeechobee County, Highlands County, Polk County, Orange
11 County, or Osceola County.
12 8.6. Two members, appointed at large, shall reside in
13 an area consisting of St. Lucie, Martin, Palm Beach, Broward,
14 Dade, and Monroe Counties.
15 9.7. One member, appointed at large, shall reside in
16 an area consisting of Collier, Lee, Charlotte, Hendry, Glades,
17 Osceola, Okeechobee, Polk, Highlands, and Orange Counties.
18 10.8. A No county may not shall have more than three
19 members on the governing board.
20 Section 5. Section 373.4142, Florida Statutes, is
21 amended to read:
22 373.4142 Water quality within stormwater treatment
23 systems.--State surface water quality standards applicable to
24 waters of the state, as defined in s. 403.031(13), shall not
25 apply within a stormwater management system which is designed,
26 constructed, operated, and maintained for stormwater treatment
27 in accordance with a valid permit or noticed exemption issued
28 pursuant to chapter 62-25 17-25, Florida Administrative Code;
29 a valid permit or exemption under s. 373.4145 within the
30 Northwest Florida Water Management District; a valid permit
31 issued on or subsequent to April 1, 1986, within the Suwannee
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1 River Water Management District or the St. Johns River Water
2 Management District pursuant to this part; a valid permit
3 issued on or subsequent to March 1, 1988, within the Southwest
4 Florida Water Management District pursuant to this part; or a
5 valid permit issued on or subsequent to January 6, 1982,
6 within the South Florida Water Management District pursuant to
7 this part. Such inapplicability of state water quality
8 standards shall be limited to that part of the stormwater
9 management system located upstream of a manmade water control
10 structure permitted, or approved under a noticed exemption, to
11 retain or detain stormwater runoff in order to provide
12 treatment of the stormwater. The additional use of such a
13 stormwater management system for flood attenuation or
14 irrigation shall not divest the system of the benefits of this
15 exemption. This section shall not affect the authority of the
16 department and water management districts to require
17 reasonable assurance that the water quality within such
18 stormwater management systems will not adversely impact public
19 health, fish and wildlife, or adjacent waters.
20 Section 6. Subsection (17) of section 373.414, Florida
21 Statutes, is amended to read:
22 373.414 Additional criteria for activities in surface
23 waters and wetlands.--
24 (17) The variance provisions of s. 403.201 are
25 applicable to the provisions of this section or any rule
26 adopted pursuant hereto. The governing boards and the
27 department are authorized to review and take final agency
28 action on petitions requesting such variances for those
29 activities they regulate under this part and s. 373.4145.
30 Section 7. Subsection (27) is added to section
31 373.4211, Florida Statutes, to read:
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1 373.4211 Ratification of chapter 17-340, Florida
2 Administrative Code, on the delineation of the landward extent
3 of wetlands and surface waters.--Pursuant to s. 373.421, the
4 Legislature ratifies chapter 17-340, Florida Administrative
5 Code, approved on January 13, 1994, by the Environmental
6 Regulation Commission, with the following changes:
7 (27) Pursuant to s. 373.421 and subsection (26), the
8 Legislature ratifies amendments to chapter 62-340, Florida
9 Administrative Code, approved on February 23, 2006, by the
10 Environmental Regulation Commission. Rule 62-340.450(3)
11 Facultative Species is amended by the addition of the
12 following plant species: Ilex glabra and Pinus elliottii.
13 However, this ratification and rule revision does not take
14 effect until state and federal wetland jurisdiction
15 delineation methodologies are aligned.
16 Section 8. Subsection (3) of section 403.50663,
17 Florida Statutes, is amended to read:
18 403.50663 Informational public meetings.--
19 (3) A local government or regional planning council
20 that intends to conduct an informational public meeting must
21 provide notice of the meeting to all parties not less than 15
22 5 days prior to the meeting, and to the general public, in
23 accordance with the provisions of s. 403.5115(5).
24 Section 9. Subsection (2) of section 403.50665,
25 Florida Statutes, is amended to read:
26 403.50665 Land use consistency.--
27 (2) Within 45 days after the filing of the
28 application, each local government shall file a determination
29 with the department, the applicant, the administrative law
30 judge, and all parties on the consistency of the site or any
31 directly associated facilities with existing land use plans
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1 and zoning ordinances that were in effect on the date the
2 application was filed, based on the information provided in
3 the application. The local government may issue its
4 determination up to 35 days later if the local government has
5 requested additional information on land use and zoning
6 consistency as part of the local government's statement on
7 completeness of the application submitted pursuant to s.
8 403.5066(1)(a). Incompleteness of information necessary for a
9 local government to evaluate an application may be claimed by
10 the local government as cause for a statement of inconsistency
11 with existing land use plans and zoning ordinances. Notice of
12 the consistency determination shall be published in accordance
13 with the requirements of s. 403.5115.
14 Section 10. Section 403.508, Florida Statutes, is
15 amended to read:
16 403.508 Land use and certification hearings, parties,
17 participants.--
18 (1)(a) Within 5 days after the filing of If a petition
19 for a hearing on land use has been filed pursuant to s.
20 403.50665, the designated administrative law judge shall
21 schedule conduct a land use hearing to be conducted in the
22 county of the proposed site or directly associated facility,
23 as applicable, as expeditiously as possible, but not later
24 than 30 days after the department's receipt of the petition.
25 The place of such hearing shall be as close as possible to the
26 proposed site or directly associated facility. If a petition
27 is filed, the hearing shall be held regardless of the status
28 of the completeness of the application. However,
29 incompleteness of information necessary for a local government
30 to evaluate an application may be claimed by the local
31 government as cause for a statement of inconsistency with
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1 existing land use plans and zoning ordinances under s.
2 403.50665.
3 (b) Notice of the land use hearing shall be published
4 in accordance with the requirements of s. 403.5115.
5 (c) The sole issue for determination at the land use
6 hearing shall be whether or not the proposed site is
7 consistent and in compliance with existing land use plans and
8 zoning ordinances. If the administrative law judge concludes
9 that the proposed site is not consistent or in compliance with
10 existing land use plans and zoning ordinances, the
11 administrative law judge shall receive at the hearing evidence
12 on, and address in the recommended order any changes to or
13 approvals or variances under, the applicable land use plans or
14 zoning ordinances which will render the proposed site
15 consistent and in compliance with the local land use plans and
16 zoning ordinances.
17 (d) The designated administrative law judge's
18 recommended order shall be issued within 30 days after
19 completion of the hearing and shall be reviewed by the board
20 within 60 days after receipt of the recommended order by the
21 board.
22 (e) If it is determined by the board that the proposed
23 site does conform with existing land use plans and zoning
24 ordinances in effect as of the date of the application, or as
25 otherwise provided by this act, the responsible zoning or
26 planning authority shall not thereafter change such land use
27 plans or zoning ordinances so as to foreclose construction and
28 operation of the proposed electrical power plant on the
29 proposed site or directly associated facilities unless
30 certification is subsequently denied or withdrawn.
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1 (f) If it is determined by the board that the proposed
2 site does not conform with existing land use plans and zoning
3 ordinances, the board may, if it determines after notice and
4 hearing and upon consideration of the recommended order on
5 land use and zoning issues that it is in the public interest
6 to authorize the use of the land as a site for an electrical
7 power plant, authorize a variance or other necessary approval
8 to the adopted land use plan and zoning ordinances required to
9 render the proposed site consistent with local land use plans
10 and zoning ordinances. The board's action shall not be
11 controlled by any other procedural requirements of law. In the
12 event a variance or other approval is denied by the board, it
13 shall be the responsibility of the applicant to make the
14 necessary application for any approvals determined by the
15 board as required to make the proposed site consistent and in
16 compliance with local land use plans and zoning ordinances. No
17 further action may be taken on the complete application until
18 the proposed site conforms to the adopted land use plan or
19 zoning ordinances or the board grants relief as provided under
20 this act.
21 (2)(a) A certification hearing shall be held by the
22 designated administrative law judge no later than 265 days
23 after the application is filed with the department. The
24 certification hearing shall be held at a location in proximity
25 to the proposed site. At the conclusion of the certification
26 hearing, the designated administrative law judge shall, after
27 consideration of all evidence of record, submit to the board a
28 recommended order no later than 45 days after the filing of
29 the hearing transcript.
30 (b) Notice of the certification hearing and notice of
31 the deadline for filing of notice of intent to be a party
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1 shall be made in accordance with the requirements of s.
2 403.5115.
3 (3)(a) Parties to the proceeding shall include:
4 1. The applicant.
5 2. The Public Service Commission.
6 3. The Department of Community Affairs.
7 4. The Fish and Wildlife Conservation Commission.
8 5. The water management district.
9 6. The department.
10 7. The regional planning council.
11 8. The local government.
12 9. The Department of Transportation.
13 (b) Any party listed in paragraph (a) other than the
14 department or the applicant may waive its right to participate
15 in these proceedings. If such listed party fails to file a
16 notice of its intent to be a party on or before the 90th day
17 prior to the certification hearing, such party shall be deemed
18 to have waived its right to be a party.
19 (c) Notwithstanding the provisions of chapter 120,
20 upon the filing with the administrative law judge of a notice
21 of intent to be a party no later than 75 days after the
22 application is filed, the following shall also be parties to
23 the proceeding:
24 1. Any agency not listed in paragraph (a) as to
25 matters within its jurisdiction.
26 2. Any domestic nonprofit corporation or association
27 formed, in whole or in part, to promote conservation or
28 natural beauty; to protect the environment, personal health,
29 or other biological values; to preserve historical sites; to
30 promote consumer interests; to represent labor, commercial, or
31 industrial groups; or to promote comprehensive planning or
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1 orderly development of the area in which the proposed
2 electrical power plant is to be located.
3 (d) Notwithstanding paragraph (e), failure of an
4 agency described in subparagraph (c)1. to file a notice of
5 intent to be a party within the time provided herein shall
6 constitute a waiver of the right of that agency to participate
7 as a party in the proceeding.
8 (e) Other parties may include any person, including
9 those persons enumerated in paragraph (c) who have failed to
10 timely file a notice of intent to be a party, whose
11 substantial interests are affected and being determined by the
12 proceeding and who timely file a motion to intervene pursuant
13 to chapter 120 and applicable rules. Intervention pursuant to
14 this paragraph may be granted at the discretion of the
15 designated administrative law judge and upon such conditions
16 as he or she may prescribe any time prior to 30 days before
17 the commencement of the certification hearing.
18 (f) Any agency, including those whose properties or
19 works are being affected pursuant to s. 403.509(4), shall be
20 made a party upon the request of the department or the
21 applicant.
22 (4)(a) The order of presentation at the certification
23 hearing, unless otherwise changed by the administrative law
24 judge to ensure the orderly presentation of witnesses and
25 evidence, shall be:
26 1. The applicant.
27 2. The department.
28 3. State agencies.
29 4. Regional agencies, including regional planning
30 councils and water management districts.
31 5. Local governments.
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1 6. Other parties.
2 (b) When appropriate, any person may be given an
3 opportunity to present oral or written communications to the
4 designated administrative law judge. If the designated
5 administrative law judge proposes to consider such
6 communications, then all parties shall be given an opportunity
7 to cross-examine or challenge or rebut such communications.
8 (5) At the conclusion of the certification hearing,
9 the designated administrative law judge shall, after
10 consideration of all evidence of record, submit to the board a
11 recommended order no later than 45 days after the filing of
12 the hearing transcript.
13 (6)(a) No earlier than 29 days prior to the conduct of
14 the certification hearing, the department or the applicant may
15 request that the administrative law judge cancel the
16 certification hearing and relinquish jurisdiction to the
17 department if all parties to the proceeding stipulate that
18 there are no disputed issues of fact or law to be raised at
19 the certification hearing, and if sufficient time remains for
20 the applicant and the department to publish public notices of
21 the cancellation of the hearing at least 3 days prior to the
22 scheduled date of the hearing.
23 (b) The administrative law judge shall issue an order
24 granting or denying the request within 5 days after receipt of
25 the request.
26 (c) If the administrative law judge grants the
27 request, the department and the applicant shall publish
28 notices of the cancellation of the certification hearing, in
29 accordance with s. 403.5115.
30
31
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1 (d)1. If the administrative law judge grants the
2 request, the department shall prepare and issue a final order
3 in accordance with s. 403.509(1)(a).
4 2. Parties may submit proposed recommended orders to
5 the department no later than 10 days after the administrative
6 law judge issues an order relinquishing jurisdiction.
7 (7) The applicant shall pay those expenses and costs
8 associated with the conduct of the hearings and the recording
9 and transcription of the proceedings.
10 (8) In issuing permits under the federally approved
11 new source review or prevention of significant deterioration
12 permit program, the department shall observe the procedures
13 specified under the federally approved state implementation
14 plan, including public notice, public comment, public hearing,
15 and notice of applications and amendments to federal, state,
16 and local agencies, to assure that all such permits issued in
17 coordination with the certification of a power plant under
18 this act are federally enforceable and are issued after
19 opportunity for informed public participation regarding the
20 terms and conditions thereof. When possible, any hearing on a
21 federally approved or delegated program permit such as new
22 source review, prevention of significant deterioration permit,
23 or NPDES permit shall be conducted in conjunction with the
24 certification hearing held under this act. It is the intent of
25 the Legislature that the review, processing, and issuance of
26 such federally delegated or approved permits be closely
27 coordinated with the certification process established under
28 this part. In the event of a conflict between the
29 certification process and federally required procedures, the
30 applicable federal requirements shall control.
31
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1 Section 11. Subsection (5) of section 403.509, Florida
2 Statutes, is amended to read:
3 403.509 Final disposition of application.--
4 (5) For certifications that are issued by the board,
5 in regard to the properties and works of any agency that which
6 is a party to the certification hearing, the board shall have
7 the authority to decide issues relating to the use, the
8 connection thereto, or the crossing thereof, for the
9 electrical power plant and directly associated facilities and
10 to direct any such agency to execute, within 30 days after the
11 entry of certification, the necessary license or easement for
12 such use, connection, or crossing, subject only to the
13 conditions set forth in such certification. For certifications
14 that are issued by the department, in regard to the properties
15 and works of any agency that is a party to the proceeding, any
16 stipulation filed pursuant to s. 403.508(6)(a) must include a
17 stipulation regarding any issues relating to the use, the
18 connection thereto, or the crossing thereof, for the
19 electrical power plant and directly associated facilities. Any
20 agency stipulating to the use, connection to, or crossing of
21 its property must agree to execute, within 30 days after the
22 entry of certification, the necessary license or easement for
23 such use, connection, or crossing, subject only to the
24 conditions set forth in such certification.
25 Section 12. Section 403.5113, Florida Statutes, is
26 amended to read:
27 403.5113 Postcertification amendments and review.--
28 (1) POSTCERTIFICATION AMENDMENTS.--
29 (a) If, subsequent to certification by the board, a
30 licensee proposes any material change to the application and
31 revisions or amendments thereto, as certified, the licensee
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1 shall submit a written request for amendment and a description
2 of the proposed change to the application to the department.
3 Within 30 days after the receipt of the request for the
4 amendment, the department shall determine whether the proposed
5 change to the application requires a modification of the
6 conditions of certification.
7 (b)(2) If the department concludes that the change
8 would not require a modification of the conditions of
9 certification, the department shall provide written
10 notification of the determination on approval of the proposed
11 amendment to the licensee, all agencies, and all other
12 parties.
13 (c)(3) If the department concludes that the change
14 would require a modification of the conditions of
15 certification, the department shall provide written
16 notification to the licensee that the proposed change to the
17 application requires a request for modification pursuant to s.
18 403.516.
19 (2)(4) POSTCERTIFICATION REVIEW.--Postcertification
20 submittals filed by the licensee with one or more agencies are
21 for the purpose of monitoring for compliance with the issued
22 certification and must be reviewed by the agencies on an
23 expedited and priority basis because each facility certified
24 under this act is a critical infrastructure facility. In no
25 event shall a postcertification review be completed in more
26 than 90 days after complete information is submitted to the
27 reviewing agencies.
28 Section 13. Section 403.5115, Florida Statutes, is
29 amended to read:
30 403.5115 Public notice.--
31
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1 (1) The following notices are to be published by the
2 applicant:
3 (a) Notice of the filing of a notice of intent under
4 s. 403.5063, which shall be published within 21 days after the
5 filing of the notice. The notice shall be published as
6 specified by subsection (2), except that the newspaper notice
7 shall be one-fourth page in size in a standard size newspaper
8 or one-half page in size in a tabloid size newspaper.
9 (b) Notice of filing of the application, which shall
10 include a description of the proceedings required by this act,
11 within 21 days after the date of the application filing. Such
12 notice shall give notice of the provisions of s. 403.511(1)
13 and (2).
14 (c) Notice of the land use determination made pursuant
15 to s. 403.50665(1) within 21 days after the determination is
16 filed.
17 (d) Notice of the land use hearing, which shall be
18 published as specified in subsection (2), no later than 15
19 days before the hearing.
20 (e) Notice of the certification hearing and notice of
21 the deadline for filing notice of intent to be a party, which
22 shall be published as specified in subsection (2), at least 65
23 days before the date set for the certification hearing.
24 (f) Notice of the cancellation of the certification
25 hearing, if applicable, no later than 3 days before the date
26 of the originally scheduled certification hearing.
27 (g) Notice of modification when required by the
28 department, based on whether the requested modification of
29 certification will significantly increase impacts to the
30 environment or the public. Such notice shall be published as
31 specified under subsection (2):
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1 1. Within 21 days after receipt of a request for
2 modification. The newspaper notice shall be of a size as
3 directed by the department commensurate with the scope of the
4 modification.
5 2. If a hearing is to be conducted in response to the
6 request for modification, then notice shall be published no
7 later than 30 days before the hearing.
8 (h) Notice of a supplemental application, which shall
9 be published as specified in paragraph (b) and subsection (2).
10 (i) Notice of existing site certification pursuant to
11 s. 403.5175. Notices shall be published as specified in
12 paragraph (b) and subsection (2).
13 (2) Notices provided by the applicant shall be
14 published in newspapers of general circulation within the
15 county or counties in which the proposed electrical power
16 plant will be located. The newspaper notices shall be at least
17 one-half page in size in a standard size newspaper or a full
18 page in a tabloid size newspaper. These notices shall include
19 a map generally depicting the project and all associated
20 facilities corridors. A newspaper of general circulation shall
21 be the newspaper which has the largest daily circulation in
22 that county and has its principal office in that county. If
23 the newspaper with the largest daily circulation has its
24 principal office outside the county, the notices shall appear
25 in both the newspaper having the largest circulation in that
26 county and in a newspaper authorized to publish legal notices
27 in that county.
28 (3) All notices published by the applicant shall be
29 paid for by the applicant and shall be in addition to the
30 application fee.
31
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1 (4) The department shall arrange for publication of
2 the following notices in the manner specified by chapter 120
3 and provide copies of those notices to any persons who have
4 requested to be placed on the departmental mailing list for
5 this purpose for each case for which an application has been
6 received by the department:
7 (a) Notice of the filing of the notice of intent
8 within 15 days after receipt of the notice.
9 (b) Notice of the filing of the application, no later
10 than 21 days after the application filing.
11 (c) Notice of the land use determination made pursuant
12 to s. 403.50665(1) within 21 days after the determination is
13 filed.
14 (d) Notice of the land use hearing before the
15 administrative law judge, if applicable, no later than 10 15
16 days before the hearing.
17 (e) Notice of the land use hearing before the board,
18 if applicable.
19 (f) Notice of the certification hearing at least 45
20 days before the date set for the certification hearing.
21 (g) Notice of the cancellation of the certification
22 hearing, if applicable, no later than 3 days prior to the date
23 of the originally scheduled certification hearing.
24 (h) Notice of the hearing before the board, if
25 applicable.
26 (i) Notice of stipulations, proposed agency action, or
27 petitions for modification.
28 (5) A local government or regional planning council
29 that proposes to conduct an informational public meeting
30 pursuant to s. 403.50663 must publish notice of the meeting in
31 a newspaper of general circulation within the county or
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1 counties in which the proposed electrical power plant will be
2 located no later than 7 days prior to the meeting. A newspaper
3 of general circulation is the newspaper that has the largest
4 daily circulation in that county and has its principal office
5 in that county. If the newspaper having the largest daily
6 circulation has its principal office outside the county, the
7 notices much appear in both the newspaper having the largest
8 circulation in that county and in a newspaper authorized to
9 publish legal notices in that county.
10 Section 14. Subsection (1) of section 403.5252,
11 Florida Statutes, is amended to read:
12 403.5252 Determination of completeness.--
13 (1)(a) Within 30 days after the filing distribution of
14 an application, the affected agencies shall file a statement
15 with the department containing the recommendations of each
16 agency concerning the completeness of the application for
17 certification.
18 (b) Within 37 7 days after the filing receipt of the
19 application completeness statements of each agency, the
20 department shall file a statement with the Division of
21 Administrative Hearings, with the applicant, and with all
22 parties declaring its position with regard to the completeness
23 of the application. The statement of the department shall be
24 based upon its consultation with the affected agencies.
25 Section 15. Subsection (6) of section 403.527, Florida
26 Statutes, is amended to read:
27 403.527 Certification hearing, parties,
28 participants.--
29 (6)(a) No later than 29 25 days before the
30 certification hearing, the department or the applicant may
31 request that the administrative law judge cancel the
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CS for CS for CS for SB 2054 Second Engrossed
1 certification hearing and relinquish jurisdiction to the
2 department if all parties to the proceeding stipulate that
3 there are no disputed issues of material fact or law to be
4 raised at the certification hearing.
5 (b) The administrative law judge shall issue an order
6 granting or denying the request within 5 days.
7 (c) If the administrative law judge grants the
8 request, the department and the applicant shall publish
9 notices of the cancellation of the certification hearing in
10 accordance with s. 403.5363.
11 (d)1. If the administrative law judge grants the
12 request, the department shall prepare and issue a final order
13 in accordance with s. 403.529(1)(a).
14 2. Parties may submit proposed final orders to the
15 department no later than 10 days after the administrative law
16 judge issues an order relinquishing jurisdiction.
17 Section 16. Subsection (1) of section 403.5271,
18 Florida Statutes, is amended to read:
19 403.5271 Alternate corridors.--
20 (1) No later than 45 days before the originally
21 scheduled certification hearing, any party may propose
22 alternate transmission line corridor routes for consideration
23 under the provisions of this act.
24 (a) A notice of a proposed alternate corridor must be
25 filed with the administrative law judge, all parties, and any
26 local governments in whose jurisdiction the alternate corridor
27 is proposed. The filing must include the most recent United
28 States Geological Survey 1:24,000 quadrangle maps specifically
29 delineating the corridor boundaries, a description of the
30 proposed corridor, and a statement of the reasons the proposed
31 alternate corridor should be certified.
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1 (b)1. Within 7 days after receipt of the notice, the
2 applicant and the department shall file with the
3 administrative law judge and all parties a notice of
4 acceptance or rejection of a proposed alternate corridor for
5 consideration. If the alternate corridor is rejected by the
6 applicant or the department, the certification hearing and the
7 public hearings shall be held as scheduled. If both the
8 applicant and the department accept a proposed alternate
9 corridor for consideration, the certification hearing and the
10 public hearings shall be rescheduled, if necessary.
11 2. If rescheduled, the certification hearing shall be
12 held no more than 90 days after the previously scheduled
13 certification hearing, unless the data submitted under
14 paragraph (d) is determined to be incomplete, in which case
15 the rescheduled certification hearing shall be held no more
16 than 105 days after the previously scheduled certification
17 hearing. If additional time is needed due to the alternate
18 corridor crossing a local government jurisdiction that was not
19 previously affected, the remainder of the schedule listed
20 below shall be appropriately adjusted by the administrative
21 law judge to allow that local government to prepare a report
22 pursuant to s. 403.526(2)(a)5.
23 (c) Notice of the filing of the alternate corridor, of
24 the revised time schedules, of the deadline for newly affected
25 persons and agencies to file notice of intent to become a
26 party, of the rescheduled hearing date, and of the proceedings
27 shall be published in accordance with s. 403.5363.
28 (d) Within 21 days after acceptance of an alternate
29 corridor by the department and the applicant, the party
30 proposing an alternate corridor shall have the burden of
31 providing all data to the agencies listed in s. 403.526(2) and
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1 newly affected agencies necessary for the preparation of a
2 supplementary report on the proposed alternate corridor.
3 (e)1. Reviewing agencies shall advise the department
4 of any issues concerning completeness no later than 15 days
5 after the submittal of the data required by paragraph (d).
6 Within 22 days after receipt of the data, the department shall
7 issue a determination of completeness.
8 2. If the department determines that the data required
9 by paragraph (d) is not complete, the party proposing the
10 alternate corridor must file such additional data to correct
11 the incompleteness. This additional data must be submitted
12 within 14 days after the determination by the department.
13 3. Reviewing agencies may advise the department of any
14 issues concerning completeness of the additional data within
15 10 days after the filing by the applicant. If the department,
16 within 14 days after receiving the additional data, determines
17 that the data remains incomplete, the incompleteness of the
18 data is deemed a withdrawal of the proposed alternate
19 corridor. The department may make its determination based on
20 recommendations made by other affected agencies.
21 (f) The agencies listed in s. 403.526(2) and any newly
22 affected agencies shall file supplementary reports with the
23 applicant and the department which address the proposed
24 alternate corridors no later than 24 days after the data
25 submitted pursuant to paragraph (d) or paragraph (e) is
26 determined to be complete.
27 (g) The agency reports on alternate corridors must
28 include all information required by s. 403.526(2).
29 (h) When an agency whose agency head is a collegial
30 body, such as a commission, board, or council, is required to
31 submit a report pursuant to this section and is required by
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1 its own internal procedures to have the report reviewed by its
2 agency head prior to finalization, the agency may submit to
3 the department a draft version of the report by the deadline
4 indicated in paragraph (f), and shall submit a final version
5 of the report after review by the agency head no later than 7
6 days after the deadline indicated in paragraph (f).
7 (i) The department shall file with the administrative
8 law judge, the applicant, and all parties a project analysis
9 consistent with s. 403.526(3) no more than 16 days after
10 submittal of agency reports on the proposed alternate
11 corridor.
12 Section 17. Section 403.5317, Florida Statutes, is
13 amended to read:
14 403.5317 Postcertification activities.--
15 (1)(a) If, subsequent to certification, a licensee
16 proposes any material change to the application or prior
17 amendments, the licensee shall submit to the department a
18 written request for amendment and description of the proposed
19 change to the application. The department shall, within 30
20 days after the receipt of the request for the amendment,
21 determine whether the proposed change to the application
22 requires a modification of the conditions of certification.
23 (b) If the department concludes that the change would
24 not require a modification of the conditions of certification,
25 the department shall notify, in writing, the licensee, all
26 agencies, and all parties of the determination on approval of
27 the amendment.
28 (c) If the department concludes that the change would
29 require a modification of the conditions of certification, the
30 department shall notify the licensee that the proposed change
31
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1 to the application requires a request for modification under
2 s. 403.5315.
3 (2) Postcertification submittals filed by a licensee
4 with one or more agencies are for the purpose of monitoring
5 for compliance with the issued certification. Each submittal
6 must be reviewed by each agency on an expedited and priority
7 basis because each facility certified under this act is a
8 critical infrastructure facility. Postcertification review may
9 not be completed more than 90 days after complete information
10 for a segment of the certified transmission line is submitted
11 to the reviewing agencies.
12 Section 18. Subsection (3) of section 403.5363,
13 Florida Statutes, is amended to read:
14 403.5363 Public notices; requirements.--
15 (3) The department shall arrange for the publication
16 of the following notices in the manner specified by chapter
17 120:
18 (a) The notice of the filing of an application and the
19 date by which a person intending to become a party must file a
20 petition to intervene or a notice of intent to be a party. The
21 notice must be published no later than 21 days after the
22 application has been filed.
23 (b) The notice of any administrative hearing for
24 certification, if applicable. The notice must be published not
25 less than 65 days before the date set for a hearing, except
26 that notice for a rescheduled certification hearing after
27 acceptance of an alternative corridor must be published not
28 less than 50 days before the date set for the hearing.
29 (c) The notice of the cancellation of a certification
30 hearing, if applicable. The notice must be published not later
31
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1 than 3 7 days before the date of the originally scheduled
2 certification hearing.
3 (d) The notice of the hearing before the siting board,
4 if applicable.
5 (e) The notice of stipulations, proposed agency
6 action, or a petition for modification.
7 Section 19. Section 376.30715, Florida Statutes, is
8 amended to read:
9 376.30715 Innocent victim petroleum storage system
10 restoration.--A contaminated site acquired by the current
11 property owner prior to July 1, 1990, which has ceased
12 operating as a petroleum storage or retail business prior to
13 January 1, 1985, is eligible for financial assistance pursuant
14 to s. 376.305(6), notwithstanding s. 376.305(6)(a). For the
15 purposes of this section, the term "acquired" means the
16 acquisition of the title to the property; however, a
17 subsequent transfer of the property to a spouse, a surviving
18 spouse in trust or free of trust, or to a revocable trust
19 created for the benefit of the settlor shall not disqualify
20 the site from financial assistance pursuant to s. 376.305(6).
21 Eligible sites shall be ranked in accordance with s.
22 376.3071(5).
23 Section 20. Subsection (6) of section 373.459, Florida
24 Statutes, is amended to read:
25 373.459 Funds for surface water improvement and
26 management.--
27 (6)(a) The match requirement of subsection (2) shall
28 not apply to the Suwannee River Water Management District, the
29 Northwest Florida Water Management District, or a financially
30 disadvantaged small local government as defined in s.
31 403.885(5).
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1 (b) Notwithstanding the requirements of subsection
2 (3), the Ecosystem Management and Restoration Trust Fund and
3 the Water Protection and Sustainability Trust Fund shall be
4 used for the deposit of funds appropriated by the Legislature
5 for the purposes of ss. 373.451-373.4595. The department shall
6 administer all funds appropriated to or received for surface
7 water improvement and management activities. Expenditure of
8 the moneys shall be limited to the costs of details planning
9 and plan and program implementation for priority surface water
10 bodies. Moneys from the funds shall not be expended for
11 planning for, or construction or expansion of, treatment
12 facilities for domestic or industrial waste disposal.
13 (c) Notwithstanding the requirements of subsection
14 (4), the department shall authorize the release of money from
15 the funds in accordance with the provisions of s. 373.501(2)
16 and procedures in s. 373.59(4) and (5).
17 (d) Notwithstanding the requirements of subsection
18 (5), moneys in the Ecosystem Restoration and Management Trust
19 Fund that are not needed to meet current obligations incurred
20 under this section shall be transferred to the State Board of
21 Administration, to the credit of the trust fund, to be
22 invested in the manner provided by law. Interest received on
23 such investments shall be credited to the trust fund.
24 (e) This subsection expires July 1, 2007.
25 Section 21. Subsection (4) of section 704.06, Florida
26 Statutes, is amended to read:
27 704.06 Conservation easements; creation; acquisition;
28 enforcement.--
29 (4) Conservation easements shall run with the land and
30 be binding on all subsequent owners of the servient estate.
31 Notwithstanding the provisions of s. 197.552, all provisions
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1 of a conservation easement shall survive and are enforceable
2 after the issuance of a tax deed. No conservation easement
3 shall be unenforceable on account of lack of privity of
4 contract or lack of benefit to particular land or on account
5 of the benefit being assignable. Conservation easements may be
6 enforced by injunction or proceeding in equity or at law, and
7 shall entitle the holder to enter the land in a reasonable
8 manner and at reasonable times to assure compliance. A
9 conservation easement may be released by the holder of the
10 easement to the holder of the fee even though the holder of
11 the fee may not be a governmental body or a charitable
12 corporation or trust.
13 Section 22. Tax increment financing for conservation
14 lands.--
15 (1) Two or more counties, or a combination of at least
16 one county and one or more municipalities, may establish,
17 through an interlocal agreement, a tax increment area for
18 conservation lands. The interlocal agreement, at a minimum,
19 must:
20 (a) Identify the geographic boundaries of the tax
21 increment area;
22 (b) Identify the real property to be acquired as
23 conservation land within the tax increment area;
24 (c) Establish the percentage of tax increment
25 financing for each jurisdiction in the tax increment area
26 which is a party to the interlocal agreement;
27 (d) Identify the governing body of the jurisdiction
28 that will administer a separate reserve account in which the
29 tax increment will be deposited;
30 (e) Require that any tax increment revenues not used
31 to purchase conservation lands by a date certain be refunded
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1 to the parties to the interlocal agreement. Any refund shall
2 be proportionate to the parties' payment of tax increment
3 revenues into the separate reserve account;
4 (f) Provide for an annual audit of the separate
5 reserve account;
6 (g) Designate an entity to hold title to any
7 conservation lands purchased using the tax increment revenues;
8 (h) Provide for a continuing management plan for the
9 conservation lands; and
10 (i) Identify the entity that will manage these
11 conservation lands.
12 (2) The water management district in which
13 conservation lands proposed for purchase under this section
14 are located may also enter into the interlocal agreement if
15 the district provides any funds for the purchase of the
16 conservation lands. The water management districts may only
17 use ad valorem tax revenues for agreements described within
18 this section.
19 (3) The governing body of the jurisdiction that will
20 administer the separate reserve account shall provide
21 documentation to the Department of Community Affairs
22 identifying the boundary of the tax increment area. The
23 department shall determine whether the boundary is appropriate
24 in that property owners within the boundary will receive a
25 benefit from the proposed purchase of identified conservation
26 lands. The department must issue a letter of approval stating
27 that the establishment of the tax increment area and the
28 proposed purchases would benefit property owners within the
29 boundary and serve a public purpose before any tax increment
30 funds are deposited into the separate reserve account. If the
31 department fails to provide the required letter within 90 days
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1 after receiving sufficient documentation of the boundary, the
2 establishment of the area and the proposed purchases are
3 deemed to provide such benefit and serve a public purpose.
4 (4) Prior to the purchase of conservation lands under
5 this section, the Department of Environmental Protection must
6 determine whether the proposed purchase is sufficient to
7 provide additional recreational and ecotourism opportunities
8 for residents in the tax increment area. If the department
9 fails to provide a letter of approval within 90 days after
10 receipt of the request for such a letter, the purchase is
11 deemed sufficient to provide recreation and ecotourism
12 opportunities.
13 (5) The tax increment authorized under this section
14 shall be determined annually and may not exceed 95 percent of
15 the difference in ad valorem taxes as provided in s.
16 163.387(1)(a), Florida Statutes.
17 (6) A separate reserve account must be established for
18 each tax increment area for conservation lands which is
19 created under this section. The separate reserve account must
20 be administered pursuant to the terms of the interlocal
21 agreement. Tax increment funds allocated to this separate
22 reserve account shall be used to acquire the real property
23 identified for purchase in the interlocal agreement. Pursuant
24 to the interlocal agreement, the governing body of the local
25 government that will administer the separate reserve account
26 may spend increment revenues to purchase the real property
27 only if all parties to the interlocal agreement adopt a
28 resolution approving the purchase price.
29 (7) The annual funding of the separate reserve account
30 may not be less than the increment income of each taxing
31
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1 authority which is held as provided in the interlocal
2 agreement for the purchase of conservation lands.
3 (8) Unless otherwise provided in the interlocal
4 agreement, a taxing authority that does not pay the tax
5 increment revenues to the separate reserve account by January
6 1 shall pay interest on the amount of unpaid increment
7 revenues equal to 1 percent for each month that the increment
8 revenue remains outstanding.
9 (9) The public bodies and taxing authorities listed in
10 s. 163.387(2)(c), Florida Statutes, school districts and
11 special districts that levy ad valorem taxes within a tax
12 increment area are exempt from this section.
13 (10) Revenue bonds under this section are payable
14 solely out of revenues pledged to and received by the local
15 government administering the separate reserve account and
16 deposited into the separate reserve account. The revenue bonds
17 issued under this section do not constitute a debt, liability,
18 or obligation of a public body, the state, or any of the
19 state's political subdivisions.
20 Section 23. The Legislature finds that an inadequate
21 supply of conservation lands limits recreational opportunities
22 and negatively impacts the economy, health, and welfare of the
23 surrounding community. The Legislature also finds that
24 acquiring conservation lands for recreational opportunities
25 and ecotourism serves a valid public purpose.
26 Section 24. This act shall take effect July 1, 2007.
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CODING: Words stricken are deletions; words underlined are additions.