Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 542
393296
Senate
Comm: WD
4/10/2008
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House
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The Committee on General Government Appropriations (Bennett)
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recommended the following amendment:
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Senate Amendment (with title amendments)
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Delete line(s) 1710-1774
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and insert:
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11. The state must play a major role in the recovery and
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management of its imperiled species through the acquisition,
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restoration, enhancement, and management of ecosystems that can
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or could support the major life functions of such species. It is
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the intent of the Legislature to support local, state, and
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federal programs that provide public and private land owners with
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meaningful incentives for restoring, managing, and repopulating
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habitats for imperiled species on private lands. Not withstanding
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any other provision of law to the contrary, it is the further
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intent of the Legislature that all public lands, both existing
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and to be acquired, be restored, enhanced, managed, and
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repopulated as habitat for imperiled species to advance the goals
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and objectives of imperiled species management plans approved by
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the Fish and Wildlife Conservation Commission under commission
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rules without unnecessarily restricting the use of such land for
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recreational and other uses. It is also the intent of the
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Legislature that of the proceeds distributed pursuant to
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subsection (3), increased priority be given to acquisitions that
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achieve a combination of conservation goals, including the
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restoration, enhancement, management, and repopulation of habitat
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for imperiled species, and that the Acquisition and Restoration
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Council, pursuant to subsection (9), give weight to projects that
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include the acquisition, restoration, repopulation, or management
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of habitat for imperiled species. The term "imperiled species" as
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used in this chapter and chapter 253, means plants and animals
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that are federally listed under the Endangered Species Act, or
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state-listed by the Fish and Wildlife Conservation Commission or
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the Department of Agriculture and Consumer Services.
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a. As part of the state's role, all state lands that have
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imperiled species habitat shall include as a key management
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activity the restoration, enhancement, management, and
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repopulation of such habitats. In addition, the primary land
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managers of such state lands may use fees received from private
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and public projects due to adverse impacts to imperiled species
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or such habitat to restore, manage, and repopulate such land and
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as a revenue source to implement land management plans developed
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under s. 253.034 or land management prospectus developed and
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implemented under this chapter. Such fees shall be deposited into
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the Land Acquisition Trust Fund.
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b. Where habitat or potential habitat for imperiled species
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is located on state lands, the Fish and Wildlife Conservation
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Commission shall be included on any advisory group required under
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chapter 253, and the short-term and long-term management goals
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required by chapter 253 must advance the goals and objectives of
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the commission management plan approved under commission rule. A
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land management objective may not be contrary to the goals and
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objectives of the commission management plans. The measurable
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objectives for the short-term and long-term management goals
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required in chapter 253 shall include the following:
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(I) Natural communities habitat maintenance, restoration,
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and improvement.
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(II) Wildlife habitat or population restoration,
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maintenance, and management.
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(III) Advancement of imperiled species, both plants and
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animals, and Fish and Wildlife Conservation Commission management
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plans approved under commission rule.
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c. The summary budget for the scheduled land management
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activities of the land management plans for state lands
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containing or anticipated to contain imperiled species habitat
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must include the expected revenues from fees collected for
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adverse impact to imperiled species or habitat resulting from
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public or private projects to be used to restore, repopulate,
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enhance, and manage the habitat.
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d. The interim and long term management methodology and
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formula required in s. 259.032(11)(c) must include the
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anticipated revenues generated from the restoration, management,
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and repopulation of such habitats.
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12.10. There is a need It is the intent of the Legislature
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to change the focus and direction of the state's major land
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acquisition programs and to extend funding and bonding
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capabilities, so that future generations may enjoy the natural
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resources of this state Florida.
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(b) The Legislature recognizes that acquisition of lands in
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fee simple is only one way to achieve the aforementioned goals
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and encourages the use of less-than-fee interests, other
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techniques, and the development of creative partnerships between
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governmental agencies and private landowners. Such partnerships
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must include those that advance the restoration, repopulation,
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and management of imperiled species habitat on state lands as
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provided for in subparagraph (a)11. Easements acquired pursuant
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to s. 570.71(2)(a) and (b), land protection agreements, rural
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land stewardship agreements, sector planning, mitigation, and
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similar tools should be used, where appropriate, to bring
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environmentally sensitive tracts under an acceptable level of
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protection at a lower financial cost to the public, and to
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provide private landowners with the opportunity to enjoy and
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benefit from their property.
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(c) Public agencies or other entities that receive funds
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under this section shall are encouraged to better coordinate
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their expenditures so that project acquisitions, when combined
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with acquisitions under Florida Forever, Preservation 2000, Save
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Our Rivers, the Florida Communities Trust, and other public land
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acquisition programs, and the techniques, partnerships, and tools
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referenced in subparagraph (a)11. and paragraph (b), are used to
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form more complete patterns of restored, managed, and protected
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ecosystems that accomplish the intent of this section and advance
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the goals and objectives of the imperiled species management
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plans approved by the Florida Fish and Wildlife Conservation
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Commission under commission rule will form more complete patterns
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of protection for natural areas and functioning ecosystems, to
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better accomplish the intent of this section.
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(d) A long-term financial commitment to restoring,
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enhancing, and managing Florida's public lands in order to
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implement the land management plans developed under s. 253.034 or
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a land management prospectus developed and implemented under this
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chapter must accompany any new land acquisition program to ensure
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that the natural resource values of such lands are restored,
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enhanced, managed, and protected, that the public enjoys has the
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opportunity to enjoy the lands to their fullest potential, and
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that the state achieves the full benefits of its investment of
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public dollars. Innovative strategies such as public-private
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partnerships and interagency planning and sharing of resources
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shall be used to achieve the state's management goals.
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(e) With limited dollars available for restoration,
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enhancement, management, and acquisition of land and water areas
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and for providing long-term management and capital improvements,
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a competitive selection process shall can select those projects
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best able to meet the goals of Florida Forever and maximize the
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efficient use of the program's funding.
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(f) To ensure success and provide accountability to the
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citizens of this state, it is the intent of the Legislature that
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any cash or bond proceeds used pursuant to this section be used
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to implement the goals and objectives recommended by a
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comprehensive science-based assessment and the Florida Forever
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Advisory Council as approved by the Board of Trustees of the
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Internal Improvement Trust Fund and the Legislature.
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(g) As it has with previous land acquisition programs, the
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Legislature recognizes the desires of the residents citizens of
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this state to prosper through economic development and to
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preserve, restore, and manage the state's natural areas and
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recreational open space of Florida. The Legislature further
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recognizes the urgency of restoring the natural functions,
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including wildlife and imperiled species habitat functions, of
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public lands or water bodies before they are degraded to a point
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where recovery may never occur, yet acknowledges the difficulty
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of ensuring adequate funding for restoration, enhancement, and
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management efforts in light of other equally critical financial
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needs of the state. It is the Legislature's desire and intent to
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fund the implementation of this section and to do so in a
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fiscally responsible manner, by issuing bonds to be repaid with
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documentary stamp tax or other revenue sources, including those
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identified in subparagraph (a)11.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 71
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and insert:
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intent with respect to imperiled species habitat and land
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occupied by the military; providing for funds to be
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deposited in the Florida
4/10/2008 1:24:00 PM 21-07284A-08
CODING: Words stricken are deletions; words underlined are additions.