Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 542

661254

CHAMBER ACTION

Senate

Comm: WD

4/3/2008

House

The Committee on Environmental Preservation and Conservation

(Dockery) recommended the following amendment to amendment

(710146):

Senate Amendment (with title amendments)

Delete line(s) 1363 through 1914

and insert:

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

reserve accounts and other costs associated with bonds, the

proceeds of cash payments or bonds issued pursuant to this

section shall be deposited into the Florida Forever Trust Fund

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

Department of Environmental Protection in the following manner:

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

Protection for the acquisition of lands and capital project

expenditures necessary to implement the water management

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

funds are to be distributed to the water management districts as

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

funds provided over the life of the Florida Forever program

pursuant to this paragraph shall be used for the acquisition of

lands.

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

Environmental Protection for the acquisition of lands and capital

project expenditures described in this section. Of the proceeds

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

Legislature that an increased priority be given to those

acquisitions which achieve a combination of conservation goals,

including protecting Florida's water resources and natural

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

10 percent, of the funds allocated pursuant to this paragraph,

shall be spent on capital project expenditures identified during

the time of acquisition that meets land management planning

activities necessary for public access may not exceed 10 percent

of the funds allocated pursuant to this paragraph.

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

Affairs for use by the Florida Communities Trust for the purposes

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

subsection, and grants to local governments or nonprofit

environmental organizations that are tax-exempt under s.

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

acquisition of community-based projects, urban open spaces,

parks, and greenways to implement local government comprehensive

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

acquisition, 75 percent shall be matched by local governments on

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

Florida Communities Trust emphasize funding projects in low-

income or otherwise disadvantaged communities. At least 30

percent of the total allocation provided to the trust shall be

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

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

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

and functions to intersperse open spaces within congested urban

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

percent shall be used to acquire lands for recreational trail

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

for such projects, they will be available for other trust

projects. Local governments may use federal grants or loans,

private donations, or environmental mitigation funds, including

environmental mitigation funds required pursuant to s. 338.250,

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

funded through the Florida Communities Trust. Any lands purchased

by nonprofit organizations using funds allocated under this

paragraph must provide for such lands to remain permanently in

public use through a reversion of title to local or state

government, conservation easement, or other appropriate

mechanism. Projects funded with funds allocated to the Trust

shall be selected in a competitive process measured against

criteria adopted in rule by the Trust.

(c)(d) Two percent to the Department of Environmental

Protection for grants pursuant to s. 375.075.

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

Environmental Protection for the purchase of inholdings and

additions to state parks and for capital project expenditures as

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

than 10 percent, of the funds allocated pursuant to this

paragraph, shall be spent on capital project expenditures

identified during the time of acquisition that meets land

management planning activities necessary for public access may

not exceed 10 percent of the funds allocated under this

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

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

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

may come under its jurisdiction.

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

Forestry of the Department of Agriculture and Consumer Services

to fund easements pursuant to s. 570.71 (2) (a) and (b), the

acquisition of state forest inholdings and additions pursuant to

s. 589.07, the implementation of reforestation plans or

sustainable forestry management practices, and for capital

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

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

for the acquisition of inholdings and additions pursuant to this

paragraph, shall be spent on capital project expenditures

identified during the time of acquisition that meets land

management planning activities necessary for public access may

not exceed 10 percent of the funds allocated under this

paragraph.

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

100

Conservation Commission to fund the acquisition of inholdings and

101

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

103

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

104

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

105

pursuant to this paragraph, shall be spent on capital project

106

expenditures identified during the time of acquisition that meets

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

111

Environmental Protection for the Florida Greenways and Trails

112

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

117

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 that meets land management planning activities

120

necessary for public access may not exceed 10 percent of the

121

funds allocated under this paragraph.

122

(h)(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

125

responsible manner. An agency that receives proceeds from Florida

126

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

129

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

132

Florida Forever program.

133

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

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(g), the agencies which receive the funds shall develop their

135

individual acquisition or restoration lists in accordance with

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specific criteria and numeric performance measures developed

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pursuant s. 259.035(4). Proposed additions may be acquired if

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they are identified within the original project boundary, the

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

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management prospectus required pursuant to s. 259.032(9)(d).

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Proposed additions not meeting the requirements of this paragraph

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shall be submitted to the Acquisition and Restoration Council for

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approval. The council may only approve the proposed addition if

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it meets two or more of the following criteria: serves as a link

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or corridor to other publicly owned property; enhances the

146

protection or management of the property; would add a desirable

147

resource to the property; would create a more manageable boundary

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configuration; has a high resource value that otherwise would be

149

unprotected; or can be acquired at less than fair market value.

150

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

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

152

contribute to the achievement of the following goals, which shall

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be evaluated in accordance with specific criteria and numeric

154

performance measures developed pursuant s. 259.035(4):

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(a) Enhance the coordination and completion of land

156

acquisition projects, as measured by:

157

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

161

best available scientific analysis completion of Florida

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Preservation 2000 projects or projects begun before Preservation

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2000;

164

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,

168

including local governments and the Federal Government.

169

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

170

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

183

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

187

concern on publicly managed conservation areas.

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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,

195

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

199

improvements in surface water improvement and management plans

200

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

212

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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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:

225

1. The number of acres acquired which provide retention and

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storage of surface water in naturally occurring storage areas,

227

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

234

areas critical to springs, sinks, aquifers, other natural

235

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

242

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,

245

by type, made available on public land.

246

(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

250

File or National Register of Historic Places which are protected

251

or preserved for public use; or

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2. The increase in the number and percentage of historic

253

and archaeological properties that are in state ownership.

254

(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

259

for economic return in accordance with current best management

260

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

263

4. The percentage and number of acres identified for

264

restoration actually restored by reforestation.

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

266

areas, as measured by:

267

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

271

space within urban service areas.

272

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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

280

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

284

mitigation, or carbon offsets.

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

286

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

287

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

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the Internal Improvement Trust Fund shall adopt rules, pertaining

290

to the use of state lands for carbon sequestration, carbon

291

mitigation, or carbon offsets, that provide for climate change

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related benefits.

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

294

supply development project may be allowed only if the following

295

conditions are met: minimum flows and levels have been

296

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

297

expected to experience significant harm to water resources as a

298

result of the project; the project complies with all applicable

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permitting requirements; and the project is consistent with the

300

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

301

district and with relevant recovery or prevention strategies if

302

required pursuant to s. 373.0421(2).

303

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

304

thereafter, the Acquisition and Restoration Council shall accept

305

applications from state agencies, local governments, nonprofit

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and for-profit organizations, private land trusts, and

307

individuals for project proposals eligible for funding pursuant

308

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

309

received pursuant to this subsection to ensure that they meet at

310

least one of the criteria under subsection (9).

311

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

312

following:

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1. A minimum of two numeric performance measures that

314

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

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performance measure shall include a baseline measurement, which

316

is the current situation; a performance standard which the

317

project sponsor anticipates the project will achieve; and the

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performance measurement itself, which should reflect the

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incremental improvements the project accomplishes towards

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achieving the performance standard.

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2. Proof that property owners within any proposed

322

acquisition have been notified of their inclusion in the proposed

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project. Any property owner may request the removal of such

324

property from further consideration by submitting a request to

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the project sponsor or the Acquisition and Restoration Council by

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certified mail. Upon receiving this request, the council shall

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

328

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

329

lists pursuant to subsection (14)(16), may add the property back

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

331

its members that such property is critical to achieve the

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purposes of the project.

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vest in the Board of Trustees of the Internal Improvement Trust

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

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district shall vest in the name of that district and lands

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

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purchasing local government.

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(8) The Acquisition and Restoration Council shall develop a

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project list that shall represent those projects submitted

341

pursuant to subsection (7).

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(9) The Acquisition and Restoration Council shall adopt an

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annual workplan that provides a priority ranking for recommend

344

rules for adoption by the board of trustees to competitively

345

evaluate, select, and rank projects eligible for Florida Forever

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

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Conservation and Recreation Lands list pursuant to ss. 259.032

348

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

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the Acquisition and Restoration Council shall give weight to the

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following criteria:

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(a) The project meets multiple goals described in

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subsection (4).

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

354

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

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properties already under public ownership.

357

(d) The project has significant archaeological or historic

358

value.

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

360

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

361

(f) The project contributes to the solution of water

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resource problems on a regional basis.

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

364

in imminent danger of development, in imminent danger of losing

365

its significant natural attributes or recreational open space, or

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in imminent danger of subdivision which would result in multiple

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ownership and make acquisition of the project costly or less

368

likely to be accomplished.

369

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

370

by an ecosystem management team.

371

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

372

restoration effort.

373

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

374

value.

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

376

tax incentives, mitigation funds or other revenues, and

377

alternatives to fee simple, including but not limited to,

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purchase of development rights, hunting rights, agricultural or

379

silvicultural rights, or mineral rights or obtaining conservation

380

easements or flowage easements.

381

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

382

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

383

public-private partnership.

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(10) The Acquisition and Restoration Council shall give

385

increased priority to those projects for which matching funds are

386

available and to project elements previously identified on an

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acquisition list pursuant to this section that can be acquired at

388

80 percent or less of appraised value. The council shall also

389

give increased priority to those projects where the state's land

390

conservation plans overlap with the military's need to protect

391

lands, water, and habitat to ensure the sustainability of

392

military missions including:

393

(a) Protecting habitat on nonmilitary land for any species

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found on military land that is designated as threatened or

395

endangered, or is a candidate for such designation under the

396

Endangered Species Act or any Florida statute;

397

(b) Protecting areas underlying low-level military air

398

corridors or operating areas; and

399

400

potential zones, and air installation compatible use buffer zones

401

delineated by our military partners, and for which federal or

402

other funding is available to assist with the project.

403

(11) For the purposes of funding projects pursuant to

404

paragraph (3)(a), the Secretary of Environmental Protection shall

405

ensure that each water management district receives the following

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percentage of funds annually:

407

(a) Thirty-five percent to the South Florida Water

408

Management District, of which amount $25 million for 2 years

409

beginning in fiscal year 2000-2001 shall be transferred by the

410

Department of Environmental Protection into the Save Our

411

Everglades Trust Fund and shall be used exclusively to implement

412

the comprehensive plan under s. 373.470.

413

(b) Twenty-five percent to the Southwest Florida Water

414

Management District.

415

416

Management District.

417

(d) Seven and one-half percent to the Suwannee River Water

418

Management District.

419

(e) Seven and one-half percent to the Northwest Florida

420

Water Management District.

421

(12) It is the intent of the Legislature that in developing

422

the list of projects for funding pursuant to paragraph (3)(a),

423

that these funds not be used to abrogate the financial

424

responsibility of those point and nonpoint sources that have

425

contributed to the degradation of water or land areas. Therefore,

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an increased priority shall be given by the water management

427

district governing boards to those projects that have secured a

428

cost-sharing agreement allocating responsibility for the cleanup

429

of point and nonpoint sources.

430

(11)(13) An affirmative vote of five members of the

431

Acquisition and Restoration Council shall be required in order to

432

place a proposed project on the list developed pursuant to

433

subsection (8). Any member of the council who by family or a

434

business relationship has a connection with any project proposed

435

to be ranked shall declare such interest prior to voting for a

436

project's inclusion on the list.

437

(12)(14) Each year that cash disbursements or bonds are to

438

be issued pursuant to this section, the Acquisition and

439

Restoration Council shall review the most current approved

440

project list and shall, by the first board meeting in May,

441

present to the Board of Trustees of the Internal Improvement

442

Trust Fund for approval a listing of projects developed pursuant

443

to subsection (8). The board of trustees may remove projects from

444

the list developed pursuant to this subsection, but may not add

445

projects or rearrange project rankings.

446

(13)(15) The Acquisition and Restoration Council shall

447

submit to the board of trustees, with its list of projects, a

448

report that includes, but shall not be limited to, the following

449

information for each project listed:

450

(a) The stated purpose for inclusion.

451

(b) Projected costs to achieve the project goals.

452

453

associated with immediate public access.

454

(d) Specific performance measures.

455

(e) Plans for public access.

456

(f) An identification of the essential parcel or parcels

457

within the project without which the project cannot be properly

458

managed.

459

(g) Where applicable, an identification of those projects

460

or parcels within projects which should be acquired in fee simple

461

or in less than fee simple.

462

(h) An identification of those lands being purchased for

463

conservation purposes.

464

(i) A management policy statement for the project and a

465

management prospectus pursuant to s. 259.032(9)(d).

466

(j) An estimate of land value based on county tax assessed

467

values.

468

(k) A map delineating project boundaries.

469

(l) An assessment of the project's ecological value,

470

outdoor recreational value, forest resources, wildlife resources,

471

ownership pattern, utilization, and location.

472

(m) A discussion of whether alternative uses are proposed

473

for the property and what those uses are.

474

(n) A designation of the management agency or agencies.

475

(14)(16) All proposals for projects pursuant to paragraph

476

(3)(a)(b) or subsection (20) shall be implemented only if adopted

477

by the Acquisition and Restoration Council and approved by the

478

board of trustees. The council shall consider and evaluate in

479

writing the merits and demerits of each project that is proposed

480

for Florida Forever funding and each proposed addition to the

481

Conservation and Recreation Lands list program. The council shall

482

ensure that each proposed project will meet a stated public

483

purpose for the restoration, conservation, or preservation of

484

environmentally sensitive lands and water areas or for providing

485

outdoor recreational opportunities and that each proposed

486

addition to the Conservation and Recreation Lands list will meet

487

the public purposes under s. 259.032(3) and, when applicable, s.

488

259.101(4). The council also shall determine whether the project

489

or addition conforms, where applicable, with the comprehensive

490

plan developed pursuant to s. 259.04(1)(a), the comprehensive

491

multipurpose outdoor recreation plan developed pursuant to s.

492

375.021, the state lands management plan adopted pursuant to s.

493

253.03(7), the water resources work plans developed pursuant to

494

s. 373.199, and the provisions of this section.

495

(15)(17)(a) The Board of Trustees of the Internal

496

Improvement Trust Fund, or, in the case of water management

497

district lands, the owning water management district, may

498

authorize the granting of a lease, easement, or license for the

499

use of certain lands acquired pursuant to this section, for

500

certain uses that are determined by the appropriate board to be

501

compatible with the resource values of and management objectives

502

for such lands.

503

(b) Any existing lease, easement, or license acquired for

504

incidental public or private use on, under, or across any lands

505

acquired pursuant to this section shall be presumed to be

506

compatible with the purposes for which such lands were acquired.

507

508

such lease, easement, or license shall be entered into by the

509

Department of Environmental Protection or other appropriate state

510

agency if the granting of such lease, easement, or license would

511

adversely affect the exclusion of the interest on any revenue

512

bonds issued to fund the acquisition of the affected lands from

513

gross income for federal income tax purposes, pursuant to

514

Internal Revenue Service regulations.

515

(16)(18) The Acquisition and Restoration Council shall

516

recommend adoption of rules by the board of trustees necessary to

517

implement the provisions of this section relating to:

518

solicitation, scoring, selecting, and ranking of Florida Forever

519

project proposals; disposing of or leasing lands or water areas

520

selected for funding through the Florida Forever program; and the

521

process of reviewing and recommending for approval or rejection

522

the land management plans associated with publicly owned

523

properties. Rules promulgated pursuant to this subsection shall

524

be submitted to the President of the Senate and the Speaker of

525

the House of Representatives, for review by the Legislature, no

526

later than 30 days prior to the 2010 2001 Regular Session and

527

shall become effective only after legislative review. In its

528

review, the Legislature may reject, modify, or take no action

529

relative to such rules. The board of trustees shall conform such

530

rules to changes made by the Legislature, or, if no action was

531

taken by the Legislature, such rules shall become effective.

532

(17)(19) Lands listed as projects for acquisition under the

533

Florida Forever program may be managed for conservation pursuant

534

to s. 259.032, on an interim basis by a private party in

535

anticipation of a state purchase in accordance with a contractual

536

arrangement between the acquiring agency and the private party

537

that may include management service contracts, leases, cost-share

538

arrangements, or resource conservation agreements. Lands

539

designated as eligible under this subsection shall be managed to

540

maintain or enhance the resources the state is seeking to protect

541

by acquiring the land and to accelerate public access to the

542

lands as soon as practicable. Funding for these contractual

543

arrangements may originate from the documentary stamp tax revenue

544

deposited into the Conservation and Recreation Lands Trust Fund

545

and Water Management Lands Trust Fund. No more than 5 percent of

546

funds allocated under the trust funds shall be expended for this

547

purpose.

548

(20) The Acquisition and Restoration Council, as successors

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to the Land Acquisition and Management Advisory Council, may

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amend existing Conservation and Recreation Lands projects and add

551

to or delete from the 2000 Conservation and Recreation Lands list

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until funding for the Conservation and Recreation Lands program

553

has been expended. The amendments to the 2000 Conservation and

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Recreation Lands list will be reported to the board of trustees

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in conjunction with the council's report developed pursuant to

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subsection (15).

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558

================ 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) 2001 through 2003

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and insert:

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provides rulemaking authority for the board; reallocates

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funds from the water management districts to the

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department for the acquisition of conservation lands;

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requires an annual workplan be developed by

3/27/2008 8:18:00 AM EP.EP.05962

CODING: Words stricken are deletions; words underlined are additions.