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Senator Saunders moved the following amendment:

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     Senate Amendment

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     Delete line(s) 1639 through 2227

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and insert:

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(1)  This section may be cited as the "Florida Forever Act."

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     (2)(a)  The Legislature finds and declares that:

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     1. Land acquisition programs have The Preservation 2000

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program provided tremendous financial resources for purchasing

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environmentally significant lands to protect those lands from

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imminent development or alteration, thereby ensuring assuring

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present and future generations' access to important waterways,

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open spaces, and recreation and conservation lands.

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     2.  The continued alteration and development of Florida's

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natural and rural areas to accommodate the state's rapidly

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growing population have contributed to the degradation of water

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resources, the fragmentation and destruction of wildlife

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habitats, the loss of outdoor recreation space, and the

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diminishment of wetlands, forests, working landscapes, and

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coastal open space and public beaches.

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     3.  The potential development of Florida's remaining natural

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areas and escalation of land values require a continuation of

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government efforts to restore, bring under public protection, or

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acquire lands and water areas to preserve the state's essential

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ecological functions and invaluable quality of life.

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     4. It is essential to protect the state's ecosystems by

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promoting a more efficient use of land, to ensure opportunities

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for viable agricultural activities on working lands, and to

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promote vital rural and urban communities that support and

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produce development patterns consistent with natural resource

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protection.

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     5.4. Florida's groundwater, surface waters, and springs are

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under tremendous pressure due to population growth and economic

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expansion and require special protection and restoration efforts,

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including the protection of uplands and springsheds that provide

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vital recharge to aquifer systems and are critical to the

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protection of water quality and water quantity of the aquifers

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and springs. To ensure that sufficient quantities of water are

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available to meet the current and future needs of the natural

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systems and citizens of the state, and assist in achieving the

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planning goals of the department and the water management

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districts, water resource development projects on public lands,

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where compatible with the resource values of and management

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objectives for the lands, are appropriate.

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     6.5. The needs of urban, suburban, and small communities in

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Florida for high-quality outdoor recreational opportunities,

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greenways, trails, and open space have not been fully met by

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previous acquisition programs. Through such programs as the

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Florida Communities Trust and the Florida Recreation Development

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Assistance Program, the state shall place additional emphasis on

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acquiring, protecting, preserving, and restoring open space,

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ecological greenways, and recreation properties within urban,

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suburban, and rural areas where pristine natural communities or

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water bodies no longer exist because of the proximity of

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developed property.

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     7.6. Many of Florida's unique ecosystems, such as the

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Florida Everglades, are facing ecological collapse due to

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Florida's burgeoning population growth and other economic

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activities. To preserve these valuable ecosystems for future

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generations, essential parcels of land must be acquired to

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facilitate ecosystem restoration.

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     8.7. Access to public lands to support a broad range of

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outdoor recreational opportunities and the development of

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necessary infrastructure, where compatible with the resource

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values of and management objectives for such lands, promotes an

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appreciation for Florida's natural assets and improves the

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quality of life.

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     9.8. Acquisition of lands, in fee simple, less-than-fee

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interest, or other techniques shall in any lesser interest,

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should be based on a comprehensive science-based assessment of

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Florida's natural resources which targets essential conservation

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lands by prioritizing all current and future acquisitions based

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on a uniform set of data and planned so as to protect the

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integrity and function of ecological systems and working

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landscapes, and provide multiple benefits, including preservation

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of fish and wildlife habitat, recreation space for urban and as

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well as rural areas, and the restoration of natural water

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storage, flow, and recharge.

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     10.9. The state has embraced performance-based program

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budgeting as a tool to evaluate the achievements of publicly

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funded agencies, build in accountability, and reward those

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agencies which are able to consistently achieve quantifiable

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goals. While previous and existing state environmental programs

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have achieved varying degrees of success, few of these programs

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can be evaluated as to the extent of their achievements,

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primarily because performance measures, standards, outcomes, and

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goals were not established at the outset. Therefore, the Florida

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Forever program shall be developed and implemented in the context

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of measurable state goals and objectives.

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     11.10. It is the intent of the Legislature to change the

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focus and direction of the state's major land acquisition

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programs and to extend funding and bonding capabilities, so that

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future generations may enjoy the natural resources of 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. Easements, land

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protection agreements, and similar tools should be used, where

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appropriate, to bring environmentally sensitive tracts under an

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acceptable level of protection at a lower financial cost to the

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public, and to provide private landowners with the opportunity to

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enjoy and 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, will form more complete patterns of

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protection for natural areas, ecological greenways, and

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functioning ecosystems, to better accomplish the intent of this

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section.

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     (d)  A long-term financial commitment to managing Florida's

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public lands must accompany any new land acquisition program to

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ensure that the natural resource values of such lands are

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protected, that the public has the opportunity to enjoy the lands

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to their fullest potential, and that the state achieves the full

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benefits of its investment of public dollars. Innovative

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strategies such as public-private partnerships and interagency

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planning and sharing of resources shall be used to achieve the

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state's management goals.

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     (e)  With limited dollars available for restoration and

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acquisition of land and water areas and for providing long-term

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management and capital improvements, a competitive selection

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process shall can select those projects best able to meet the

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goals of Florida Forever and maximize the efficient use of the

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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 citizens of this state

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to prosper through economic development and to preserve the

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natural areas and recreational open space of Florida. The

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Legislature further recognizes the urgency of restoring the

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natural functions of public lands or water bodies before they are

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degraded to a point where recovery may never occur, yet

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acknowledges the difficulty of ensuring adequate funding for

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restoration 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.

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     (h)  The Legislature further recognizes the important role

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that many of our state and federal military installations

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contribute to protecting and preserving Florida's natural

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resources as well as our economic prosperity. Where the state's

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land conservation plans overlap with the military's need to

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protect lands, waters, and habitat to ensure the sustainability

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of military missions, it is the Legislature's intent that

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agencies receiving funds under this program cooperate with our

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military partners to protect and buffer military installations

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and military airspace, by:

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     1.  Protecting habitat on nonmilitary land for any species

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found on military land that is designated as threatened or

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endangered, or is a candidate for such designation under the

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Endangered Species Act or any Florida statute;

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     2.  Protecting areas underlying low-level military air

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corridors or operating areas; and

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     3.  Protecting areas identified as clear zones, accident

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potential zones, and air installation compatible use buffer zones

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delineated by our military partners; and.

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     4. Providing the military with technical assistance to

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restore, enhance, and manage military land as habitat for

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imperiled species or species designated as threatened or

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endangered, or a candidate for such designation, and for the

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recovery or reestablishment of such species.

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     (3)  Less the costs of issuing and the costs of funding

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reserve accounts and other costs associated with bonds, the

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proceeds of cash payments or bonds issued pursuant to this

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section shall be deposited into the Florida Forever Trust Fund

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created by s. 259.1051. The proceeds shall be distributed by the

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Department of Environmental Protection in the following manner:

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     (a) Thirty Thirty-five percent to the Department of

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Environmental Protection for the acquisition of lands and capital

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project expenditures necessary to implement the water management

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districts' priority lists developed pursuant to s. 373.199. The

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funds are to be distributed to the water management districts as

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provided in subsection (11). A minimum of 50 percent of the total

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funds provided over the life of the Florida Forever program

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pursuant to this paragraph shall be used for the acquisition of

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lands.

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     (b)  Thirty-five percent to the Department of Environmental

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Protection for the acquisition of lands and capital project

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expenditures described in this section. Of the proceeds

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distributed pursuant to this paragraph, it is the intent of the

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Legislature that an increased priority be given to those

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acquisitions which achieve a combination of conservation goals,

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including protecting Florida's water resources and natural

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groundwater recharge. At a minimum, 3 percent, and no more than

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10 percent, of the funds allocated pursuant to this paragraph

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shall be spent on capital project expenditures identified during

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the time of acquisition which meet land management planning

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activities necessary for public access may not exceed 10 percent

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of the funds allocated pursuant to this paragraph.

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     (c)  Twenty-two percent to the Department of Community

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Affairs for use by the Florida Communities Trust for the purposes

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of part III of chapter 380, as described and limited by this

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subsection, and grants to local governments or nonprofit

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environmental organizations that are tax-exempt under s.

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501(c)(3) of the United States Internal Revenue Code for the

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acquisition of community-based projects, urban open spaces,

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parks, and greenways to implement local government comprehensive

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plans. From funds available to the trust and used for land

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acquisition, 75 percent shall be matched by local governments on

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a dollar-for-dollar basis. The Legislature intends that the

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Florida Communities Trust emphasize funding projects in low-

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income or otherwise disadvantaged communities. At least 30

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percent of the total allocation provided to the trust shall be

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used in Standard Metropolitan Statistical Areas, but one-half of

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that amount shall be used in localities in which the project site

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is located in built-up commercial, industrial, or mixed-use areas

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and functions to intersperse open spaces within congested urban

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core areas. From funds allocated to the trust, no less than 5

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percent shall be used to acquire lands for recreational trail

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systems, provided that in the event these funds are not needed

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for such projects, they will be available for other trust

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projects. Local governments may use federal grants or loans,

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private donations, or environmental mitigation funds, including

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environmental mitigation funds required pursuant to s. 338.250,

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for any part or all of any local match required for acquisitions

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funded through the Florida Communities Trust. Any lands purchased

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by nonprofit organizations using funds allocated under this

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paragraph must provide for such lands to remain permanently in

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public use through a reversion of title to local or state

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government, conservation easement, or other appropriate

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mechanism. Projects funded with funds allocated to the Trust

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shall be selected in a competitive process measured against

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criteria adopted in rule by the Trust.

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     (d)  Two percent to the Department of Environmental

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Protection for grants pursuant to s. 375.075.

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     (e)  One and five-tenths percent to the Department of

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Environmental Protection for the purchase of inholdings and

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additions to state parks and for capital project expenditures as

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described in this section. At a minimum, 1 percent, and no more

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than 10 percent, of the funds allocated pursuant to this

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paragraph shall be spent on capital project expenditures

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identified during the time of acquisition which meet land

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management planning activities necessary for public access may

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not exceed 10 percent of the funds allocated under this

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paragraph. For the purposes of this paragraph, "state park" means

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any real property in the state which is under the jurisdiction of

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the Division of Recreation and Parks of the department, or which

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may come under its jurisdiction.

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     (f)  One and five-tenths percent to the Division of Forestry

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of the Department of Agriculture and Consumer Services to fund

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the acquisition of state forest inholdings and additions pursuant

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to s. 589.07, the implementation of reforestation plans or

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sustainable forestry management practices, and for capital

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project expenditures as described in this section. At a minimum,

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1 percent, and no more than 10 percent, of the funds allocated

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for the acquisition of inholdings and additions pursuant to this

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paragraph shall be spent on capital project expenditures

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identified during the time of acquisition which meet land

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management planning activities necessary for public access may

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not exceed 10 percent of the funds allocated under this

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paragraph.

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     (g)  One and five-tenths percent to the Fish and Wildlife

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Conservation Commission to fund the acquisition of inholdings and

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additions to lands managed by the commission which are important

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to the conservation of fish and wildlife and for capital project

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expenditures as described in this section. At a minimum, 1

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percent, and no more than 10 percent, of the funds allocated

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pursuant to this paragraph shall be spent on capital project

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expenditures identified during the time of acquisition which meet

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land management planning activities necessary for public access

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may not exceed 10 percent of the funds allocated under this

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paragraph.

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     (h)  One and five-tenths percent to the Department of

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Environmental Protection for the Florida Greenways and Trails

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Program, to acquire greenways and trails or greenways and trail

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systems pursuant to chapter 260, including, but not limited to,

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abandoned railroad rights-of-way and the Florida National Scenic

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Trail and for capital project expenditures as described in this

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section. At a minimum, 1 percent, and no more than 10 percent, of

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the funds allocated pursuant to this paragraph shall be spent on

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capital project expenditures identified during the time of

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acquisition which meet land management planning activities

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necessary for public access may not exceed 10 percent of the

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funds allocated under this paragraph.

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     (i) Three and five-tenths percent to the Department of

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Agriculture and Consumer Services for the acquisition of

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agricultural lands, through perpetual conservation easements and

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other perpetual less-than-fee techniques, which will achieve the

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objectives of Florida Forever and s. 570.71. Rules concerning the

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application, acquisition, and priority ranking process for such

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easements shall be developed pursuant to s. 570.71(10) and as

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provided by this paragraph. The board shall ensure that such

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rules are consistent with the acquisition process provided for in

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s. 259.041. Provisions of the rules developed pursuant to s.

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570.71(10), shall also provide for the following:

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     1. An annual priority list shall be developed pursuant to

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s. 570.71(10), submitted to the Acquisition and Restoration

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Council for review, and approved by the board pursuant to s.

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259.04.

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     2. Terms of easements and acquisitions proposed pursuant to

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this paragraph shall be approved by the board and shall not be

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delegated by the board to any other entity receiving funds under

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this section.

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     3. All acquisitions pursuant to this paragraph shall

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contain a clear statement that they are subject to legislative

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appropriation.

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No funds provided under this paragraph shall be expended until

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final adoption of rules by the board pursuant to s. 570.71.

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     (j) One and five-tenths percent to the Department of

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Community Affairs for the acquisition of lands and capital

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project expenditures necessary to implement the Waterfronts

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Florida Program pursuant to s. 342.2015.

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     (k)(i) It is the intent of the Legislature that cash

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payments or proceeds of Florida Forever bonds distributed under

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this section shall be expended in an efficient and fiscally

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responsible manner. An agency that receives proceeds from Florida

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Forever bonds under this section may not maintain a balance of

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unencumbered funds in its Florida Forever subaccount beyond 3

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fiscal years from the date of deposit of funds from each bond

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issue. Any funds that have not been expended or encumbered after

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3 fiscal years from the date of deposit shall be distributed by

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the Legislature at its next regular session for use in the

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Florida Forever program.

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     (l)(j) For the purposes of paragraphs (d), (e), (f), and

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(g), and (h), the agencies that which receive the funds shall

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develop their individual acquisition or restoration lists in

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accordance with specific criteria and numeric performance

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measures developed pursuant s. 259.035(4). Proposed additions may

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be acquired if they are identified within the original project

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boundary, the management plan required pursuant to s. 253.034(5),

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or the management prospectus required pursuant to s.

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259.032(9)(d). Proposed additions not meeting the requirements of

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this paragraph shall be submitted to the Acquisition and

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Restoration Council for approval. The council may only approve

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the proposed addition if it meets two or more of the following

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criteria: serves as a link or corridor to other publicly owned

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property; enhances the protection or management of the property;

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would add a desirable resource to the property; would create a

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more manageable boundary configuration; has a high resource value

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that otherwise would be unprotected; or can be acquired at less

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than fair market value.

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     (4)  It is the intent of the Legislature that projects or

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acquisitions funded pursuant to paragraphs (3)(a) and (b)

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contribute to the achievement of the following goals, which shall

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be evaluated in accordance with specific criteria and numeric

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performance measures developed pursuant s. 259.035(4):

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     (a)  Enhance the coordination and completion of land

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acquisition projects, as measured by:

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     1.  The number of acres acquired through the state's land

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acquisition programs that contribute to the enhancement of

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essential natural resources, ecosystem service parcels, and

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connecting linkage corridors as identified and developed by the

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best available scientific analysis completion of Florida

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Preservation 2000 projects or projects begun before Preservation

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2000;

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     2.  The number of acres protected through the use of

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alternatives to fee simple acquisition; or

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     3.  The number of shared acquisition projects among Florida

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Forever funding partners and partners with other funding sources,

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including local governments and the Federal Government.

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     (b)  Increase the protection of Florida's biodiversity at

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the species, natural community, and landscape levels, as measured

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by:

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     1.  The number of acres acquired of significant strategic

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habitat conservation areas;

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     2.  The number of acres acquired of highest priority

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conservation areas for Florida's rarest species;

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     3.  The number of acres acquired of significant landscapes,

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landscape linkages, and conservation corridors, giving priority

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to completing linkages;

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     4.  The number of acres acquired of underrepresented native

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ecosystems;

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     5.  The number of landscape-sized protection areas of at

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least 50,000 acres that exhibit a mosaic of predominantly intact

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or restorable natural communities established through new

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acquisition projects or augmentations to previous projects; or

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     6.  The percentage increase in the number of occurrences of

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endangered species, threatened species, or species of special

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concern on publicly managed conservation areas.

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     (c)  Protect, restore, and maintain the quality and natural

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functions of land, water, and wetland systems of the state, as

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measured by:

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     1.  The number of acres of publicly owned land identified as

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needing restoration, acres undergoing restoration, and acres with

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restoration activities completed;

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     2.  The percentage of water segments that fully meet,

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partially meet, or do not meet their designated uses as reported

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in the Department of Environmental Protection's State Water

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Quality Assessment 305(b) Report;

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     3.  The percentage completion of targeted capital

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improvements in surface water improvement and management plans

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created under s. 373.453(2), regional or master stormwater

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management system plans, or other adopted restoration plans;

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     4.  The number of acres acquired that protect natural

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floodplain functions;

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     5.  The number of acres acquired that protect surface waters

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of the state;

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     6.  The number of acres identified for acquisition to

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minimize damage from flooding and the percentage of those acres

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acquired;

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     7.  The number of acres acquired that protect fragile

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coastal resources;

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     8.  The number of acres of functional wetland systems

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protected;

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     9.  The percentage of miles of critically eroding beaches

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contiguous with public lands that are restored or protected from

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further erosion;

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     10.  The percentage of public lakes and rivers in which

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invasive, nonnative aquatic plants are under maintenance control;

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or

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     11.  The number of acres of public conservation lands in

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which upland invasive, exotic plants are under maintenance

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control.

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     (d)  Ensure that sufficient quantities of water are

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available to meet the current and future needs of natural systems

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and the citizens of the state, as measured by:

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     1.  The number of acres acquired which provide retention and

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storage of surface water in naturally occurring storage areas,

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such as lakes and wetlands, consistent with the maintenance of

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water resources or water supplies and consistent with district

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water supply plans;

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     2.  The quantity of water made available through the water

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resource development component of a district water supply plan

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for which a water management district is responsible; or

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     3.  The number of acres acquired of groundwater recharge

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areas critical to springs, sinks, aquifers, other natural

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systems, or water supply.

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     (e)  Increase natural resource-based public recreational and

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educational opportunities, as measured by:

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     1.  The number of acres acquired that are available for

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natural resource-based public recreation or education;

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     2.  The miles of trails that are available for public

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recreation, giving priority to those that provide significant

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connections including those that will assist in completing the

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Florida National Scenic Trail; or

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     3.  The number of new resource-based recreation facilities,

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by type, made available on public land.

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     (f)  Preserve significant archaeological or historic sites,

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as measured by:

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     1.  The increase in the number of and percentage of historic

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and archaeological properties listed in the Florida Master Site

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File or National Register of Historic Places which are protected

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or preserved for public use; or

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     2.  The increase in the number and percentage of historic

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and archaeological properties that are in state ownership.

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     (g)  Increase the amount of forestland available for

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sustainable management of natural resources, as measured by:

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     1.  The number of acres acquired that are available for

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sustainable forest management;

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     2.  The number of acres of state-owned forestland managed

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for economic return in accordance with current best management

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practices;

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     3.  The number of acres of forestland acquired that will

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serve to maintain natural groundwater recharge functions; or

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     4.  The percentage and number of acres identified for

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restoration actually restored by reforestation.

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     (h)  Increase the amount of open space available in urban

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areas, as measured by:

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     1.  The percentage of local governments that participate in

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land acquisition programs and acquire open space in urban cores;

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or

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     2.  The percentage and number of acres of purchases of open

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space within urban service areas.

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Florida Forever projects and acquisitions funded pursuant to

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paragraph (3)(c) shall be measured by goals developed by rule by

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the Florida Communities Trust Governing Board created in s.

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380.504.

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     (5)(a)  All lands acquired pursuant to this section shall be

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managed for multiple-use purposes, where compatible with the

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resource values of and management objectives for such lands. As

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used in this section, "multiple-use" includes, but is not limited

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to, outdoor recreational activities as described in ss. 253.034

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and 259.032(9)(b), water resource development projects, and

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sustainable forestry management, carbon sequestration, carbon

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mitigation, or carbon offsets.

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     (b)  Upon a decision by the entity in which title to lands

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acquired pursuant to this section has vested, such lands may be

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designated single use as defined in s. 253.034(2)(b).

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     (c) For purposes of this section, the Board of Trustees of

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the Internal Improvement Trust Fund shall adopt rules that

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pertain to the use of state lands for carbon sequestration,

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carbon mitigation, or carbon offsets and that provide for

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climate-change-related benefits.

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     (6)  As provided in this section, a water resource or water

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supply development project may be allowed only if the following

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conditions are met: minimum flows and levels have been

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established for those waters, if any, which may reasonably be

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expected to experience significant harm to water resources as a

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result of the project; the project complies with all applicable

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permitting requirements; and the project is consistent with the

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regional water supply plan, if any, of the water management

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district and with relevant recovery or prevention strategies if

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required pursuant to s. 373.0421(2).

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     (7)(a)  Beginning no later than July 1, 2001, and every year

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thereafter, the Acquisition and Restoration Council shall accept

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applications from state agencies, local governments, nonprofit

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and for-profit organizations, private land trusts, and

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individuals for project proposals eligible for funding pursuant

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to paragraph (3)(b). The council shall evaluate the proposals

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received pursuant to this subsection to ensure that they meet at

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least one of the criteria under subsection (9).

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     (b)  Project applications shall contain, at a minimum, the

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following:

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     1.  A minimum of two numeric performance measures that

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directly relate to the overall goals adopted by the council. Each

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performance measure shall include a baseline measurement, which

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is the current situation; a performance standard which the

510

project sponsor anticipates the project will achieve; and the

511

performance measurement itself, which should reflect the

512

incremental improvements the project accomplishes towards

513

achieving the performance standard.

514

     2.  Proof that property owners within any proposed

515

acquisition have been notified of their inclusion in the proposed

516

project. Any property owner may request the removal of such

517

property from further consideration by submitting a request to

518

the project sponsor or the Acquisition and Restoration Council by

519

certified mail. Upon receiving this request, the council shall

520

delete the property from the proposed project; however, the board

521

of trustees, at the time it votes to approve the proposed project

522

lists pursuant to subsection (16), may add the property back on

523

to the project lists if it determines by a super majority of its

524

members that such property is critical to achieve the purposes of

525

the project.

526

     (c)  The title to lands acquired under this section shall

527

vest in the Board of Trustees of the Internal Improvement Trust

528

Fund, except that title to lands acquired by a water management

529

district shall vest in the name of that district and lands

530

acquired by a local government shall vest in the name of the

531

purchasing local government.

532

     (8)  The Acquisition and Restoration Council shall develop a

533

project list that shall represent those projects submitted

534

pursuant to subsection (7).

535

     (9)  The Acquisition and Restoration Council shall recommend

536

rules for adoption by the board of trustees to competitively

537

evaluate, select, and rank projects eligible for Florida Forever

538

funds pursuant to paragraph (3)(b) and for additions to the

539

Conservation and Recreation Lands list pursuant to ss. 259.032

540

and 259.101(4). In developing these proposed rules, the

541

Acquisition and Restoration Council shall give weight to the

542

following criteria:

543

     (a)  The project meets multiple goals described in

544

subsection (4).

545

     (b)  The project is part of an ongoing governmental effort

546

to restore, protect, or develop land areas or water resources.

547

     (c)  The project enhances or facilitates management of

548

properties already under public ownership.

549

     (d)  The project has significant archaeological or historic

550

value.

551

     (e)  The project has funding sources that are identified and

552

assured through at least the first 2 years of the project.

553

     (f)  The project contributes to the solution of water

554

resource problems on a regional basis.

555

     (g)  The project has a significant portion of its land area

556

in imminent danger of development, in imminent danger of losing

557

its significant natural attributes or recreational open space, or

558

in imminent danger of subdivision which would result in multiple

559

ownership and make acquisition of the project costly or less

560

likely to be accomplished.

561

     (h)  The project implements an element from a plan developed

562

by an ecosystem management team.

563

     (i)  The project is one of the components of the Everglades

564

restoration effort.

565

     (j)  The project may be purchased at 80 percent of appraised

566

value.

567

     (k)  The project may be acquired, in whole or in part, using

568

alternatives to fee simple, including but not limited to, tax

569

incentives, mitigation funds, or other revenues, the purchase of

570

development rights, hunting rights, agricultural or silvicultural

571

rights, or mineral rights or obtaining conservation easements or

572

flowage easements.

573

     (l)  The project is a joint acquisition, either among public

574

agencies, nonprofit organizations, or private entities, or by a

575

public-private partnership.

576

577

4/15/2008  8:42:00 PM     EP.37.07752