1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment

4

     Delete line(s) 2882-2890

5

and insert:

6

     Section 22.  Section 380.502, Florida Statutes, is amended

7

to read:

8

     380.502  Legislative findings and intent.--

9

     (1)  The Legislature finds that the conservation of natural

10

areas is vital to the state's economy and ecology. The

11

Legislature further finds that rapid increases in population and

12

development throughout Florida threaten the integrity of the

13

environment and limit opportunities for citizens and visitors to

14

enjoy the state's natural areas. The Legislature further finds

15

that inappropriate and poorly planned land uses overburden

16

natural resources and disrupt the state's ecology. Finally, the

17

Legislature finds that the quality of life, environmental

18

quality, as well as the viability and vitality of the urban areas

19

of this state are directly linked to urban open space and

20

greenways. The creation of greenways; expansion of green spaces;

21

enhancement of recreation areas; preservation of working

22

waterfronts; and protection and restoration of urban lakes,

23

rivers, and watersheds in the urban areas of this state are

24

necessary to link populated areas with natural areas, preserve

25

unique cultural and heritage sites, provide land for recreational

26

opportunities to enhance the health and well-being of the urban

27

residents of this state, improve water quality, reduce the level

28

of urban crime and violence, and build confidence and self-esteem

29

among the urban youth of this state.

30

     (2)  The Legislature recognizes that the primary

31

responsibility for establishing well-planned land use rests at

32

the local government level through the implementation of

33

comprehensive plans. The Legislature also recognizes that many of

34

the goals and objectives of these comprehensive plans will not be

35

met through regulation, but require creative and innovative

36

action to ensure their accomplishment.

37

     (3)  It is the intent of the Legislature to establish a

38

nonregulatory agency that will assist local governments in

39

bringing local comprehensive plans into compliance and

40

implementing the goals, objectives, and policies of the

41

conservation, recreation and open space, and coastal elements of

42

local comprehensive plans, or in conserving natural resources and

43

resolving land use conflicts by:

44

     (a)  Responding promptly and creatively to opportunities to

45

correct undesirable development patterns, restore degraded

46

natural areas, enhance resource values, restore deteriorated or

47

deteriorating urban waterfronts, preserve working waterfronts,

48

reserve lands for later purchase, participate in and promote the

49

use of innovative land acquisition methods, and provide public

50

access to surface waters.

51

     (b)  Providing financial and technical assistance to local

52

governments, state agencies, and nonprofit organizations to carry

53

out projects and activities and to develop programs authorized by

54

this part.

55

     (c)  Involving local governments and private interests in

56

voluntarily resolving land use conflicts and issues.

57

     Section 23.  Subsection (18) is added to section 380.503,

58

Florida Statutes, to read:

59

     380.503  Definitions.--As used in ss. 380.501-380.515,

60

unless the context indicates a different meaning or intent:

61

     (18) "Working waterfront" means:

62

     (a) A parcel or parcels of land directly used for the

63

purposes of the commercial harvest of marine organisms or

64

saltwater products by state-licensed commercial fishermen,

65

aquaculturists, or business entities, including piers, wharves,

66

docks, or other facilities operated to provide waterfront access

67

to licensed commercial fishermen, aquaculturists, or business

68

entities; or

69

     (b) A parcel or parcels of land used for exhibitions,

70

demonstrations, educational venues, civic events, and other

71

purposes that promote and educate the public about economic,

72

cultural, and historic heritage of Florida's traditional working

73

waterfronts, including the marketing of the seafood and

74

aquaculture industries.

75

     Section 24.  Paragraph (g) is added to subsection (2) of

76

section 380.507, Florida Statutes, to read:

77

     380.507  Powers of the trust.--The trust shall have all the

78

powers necessary or convenient to carry out the purposes and

79

provisions of this part, including:

80

     (2)  To undertake, coordinate, or fund activities and

81

projects which will help bring local comprehensive plans into

82

compliance and help implement the goals, objectives, and policies

83

of the conservation, recreation and open space, and coastal

84

elements of local comprehensive plans, or which will otherwise

85

serve to conserve natural resources and resolve land use

86

conflicts, including, but not limited to:

87

     (g) Working waterfronts.

88

     Section 25.  Subsection (4) of section 380.508, Florida

89

Statutes, is amended to read:

90

     380.508  Projects; development, review, and approval.--

91

     (4)  Projects or activities which the trust undertakes,

92

coordinates, or funds in any manner shall comply with the

93

following guidelines:

94

     (a)  The purpose of redevelopment projects shall be to

95

restore areas which are adversely affected by scattered

96

ownership, poor lot layout, inadequate park and open space,

97

incompatible land uses, or other conditions which endanger the

98

environment or impede orderly development. Grants and loans

99

awarded for redevelopment projects shall be used for assembling

100

parcels of land within redevelopment project areas for the

101

redesign of such areas and for the installation of public

102

improvements required to serve such areas. After redesign and

103

installation of public improvements, if any, lands in

104

redevelopment projects, with the exception of lands acquired for

105

public purposes, shall be conveyed to any person for development

106

in accordance with a redevelopment project plan approved

107

according to this part.

108

     (b)  The purpose of resource enhancement projects shall be

109

to enhance natural resources which, because of indiscriminate

110

dredging or filling, improper location of improvements, natural

111

or human-induced events, or incompatible land uses, have suffered

112

loss of natural and scenic values. Grants and loans awarded for

113

resource enhancement projects shall be used for the assembly of

114

parcels of land to improve resource management, for relocation of

115

improperly located or designed improvements, and for other

116

corrective measures which will enhance the natural and scenic

117

character of project areas.

118

     (c)  The purpose of public access projects shall be to

119

acquire interests in and initially develop lands which are

120

suitable for and which will be used for public accessways to

121

surface waters. The trust shall identify local governments and

122

nonprofit organizations which will accept responsibility for

123

maintenance and liability for public accessways which are located

124

outside the state park system. The trust may lease any public

125

access site developed under this part to a local government or

126

nonprofit organization, provided that the conditions of the lease

127

guarantee public use of the site. The trust may accept, from any

128

local government or nonprofit organization, fees collected for

129

providing public access to surface waters. The trust shall expend

130

any such funds it accepts only for acquisition, development, and

131

maintenance of such public accessways. To the maximum extent

132

possible, the trust shall expend such fees in the general area

133

where they are collected or in areas where public access to

134

surface waters is clearly deficient. The trust may transfer

135

funds, including such fees, to a local government or nonprofit

136

organization to acquire public access sites. In developing or

137

coordinating public access projects, the trust shall ensure that

138

project plans involving beach access are consistent with state

139

laws governing beach access.

140

     (d)  The purpose of urban waterfront restoration projects

141

shall be to restore deteriorated or deteriorating urban

142

waterfronts for public use and enjoyment. Urban waterfront

143

restoration projects shall include public access sites.

144

     (e) The purpose of working waterfront projects shall be to

145

restore and preserve working waterfronts as provided in s.

146

380.5101.

147

     (f)(e) The trust shall cooperate with local governments,

148

state agencies, federal agencies, and nonprofit organizations in

149

ensuring the reservation of lands for parks, recreation, fish and

150

wildlife habitat, historical preservation, or scientific study.

151

In the event that any local government, state agency, federal

152

agency, or nonprofit organization is unable, due to limited

153

financial resources or other circumstances of a temporary nature,

154

to acquire a site for the purposes described in this paragraph,

155

the trust may acquire and hold the site for subsequent conveyance

156

to the appropriate governmental agency or nonprofit organization.

157

The trust may provide such technical assistance as is required to

158

aid local governments, state and federal agencies, and nonprofit

159

organizations in completing acquisition and related functions.

160

The trust shall not reserve lands acquired in accordance with

161

this paragraph for more than 5 years from the time of

162

acquisition. A local government, federal or state agency, or

163

nonprofit organization may acquire the land at any time during

164

this period for public purposes. The purchase price shall be

165

based upon the trust's cost of acquisition, plus administrative

166

and management costs in reserving the land. The payment of this

167

purchase price shall be by money, trust-approved property of an

168

equivalent value, or a combination of money and trust-approved

169

property. If, after the 5-year period, the trust has not sold to

170

a governmental agency or nonprofit organization land acquired for

171

site reservation, the trust shall dispose of such land at fair

172

market value or shall trade it for other land of comparable value

173

which will serve to accomplish the purposes of this part. Any

174

proceeds from the sale of such land shall be deposited in the

175

Florida Communities Trust Fund.

176

177

Project costs may include costs of providing parks, open space,

178

public access sites, scenic easements, and other areas and

179

facilities serving the public where such features are part of a

180

project plan approved according to this part. In undertaking or

181

coordinating projects or activities authorized by this part, the

182

trust shall, when appropriate, use and promote the use of

183

creative land acquisition methods, including the acquisition of

184

less than fee interest through, among other methods, conservation

185

easements, transfer of development rights, leases, and leaseback

186

arrangements. The trust also shall assist local governments in

187

the use of sound alternative methods of financing for funding

188

projects and activities authorized by this part. Any funds over

189

and above eligible project costs, which remain after completion

190

of a project approved according to this part, shall be

191

transmitted to the state and deposited in the Florida Communities

192

Trust Fund.

193

     Section 26.  Section 380.5105, Florida Statutes, is created

194

to read:

195

     380.5105 Working Waterfronts; Florida Forever.-

196

     (1) Notwithstanding any other provision of this chapter, it

197

is the intent of the legislature that the trust shall administer

198

the working waterfronts program as set forth in this section.

199

(2) The trust and the Department of Agriculture and

200

Consumer Services shall jointly develop rules specifically

201

establishing an application process and a process for the

202

evaluation, scoring and ranking of working waterfront acquisition

203

projects. The proposed rules jointly developed pursuant to this

204

subsection shall be promulgated by the trust. Such rules shall

205

establish a system of weighted criteria to give increased

206

priority to projects:

207

(a) Within a municipality with a population less than

208

30,000; or

209

(b) Within a municipality or area under intense growth and

210

development pressures, as evidenced by a number of factors,

211

including a determination that the municipality's growth rate

212

exceeds the average growth rate for the state; or

213

(c) Within the boundary of a community redevelopment agency

214

established pursuant to s. 163.356; or

215

(d) Adjacent to state-owned submerged lands designated as an

216

aquatic preserve identified in s. 258.39; or

217

(e) That provide a demonstrable benefit to the local

218

economy.

219

     (3) For projects that will require more than the grant

220

amount awarded for completion, the applicant must identify in

221

their project application funding sources that will provide the

222

difference between the grant award and the estimated project

223

completion cost.

224

225

Such rules may be incorporated into those developed pursuant to

226

ss 380.507(11).

227

(4) The trust shall develop a ranking list based on

228

criteria identified in subsection (2) for proposed fee simple and

229

less-than-fee simple acquisition projects developed pursuant to

230

this section. The trust shall, by the first Board of Trustees of

231

the Internal Improvement Trust Fund meeting in February, present

232

the ranking list pursuant to this section, to the board of

233

trustees for final approval of projects for funding. The board of

234

trustees may remove projects from the ranking list but may not

235

add projects.

236

(5) Grant awards, acquisition approvals, and terms of less-

237

than-fee acquisitions, shall be approved by the trust.

238

Waterfront communities that receive grant awards must submit

239

annual progress reports to the trust identifying project

240

activities which are complete, and the progress achieved in

241

meeting the goals outlined in the project application. The trust

242

must implement a process to monitor and evaluate the performance

243

of grant recipients in completing projects that are funded

244

through the working waterfronts program.

245

246

247

248

249

250

(renumber subsequent sections)

4/22/2008  7:06:00 PM     EP.37.08437