Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 542

393296

CHAMBER ACTION

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.