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The Committee on Environmental Preservation and Conservation

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(Saunders) recommended the following amendment to amendment

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(088992):

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 2078-2129

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and insert:

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     (17) On an annual basis, the Division of State Lands shall

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prepare an annual work plan that prioritizes projects on the

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Florida Forever list and sets forth the funding available in the

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fiscal year for land acquisition. The workplan shall consider the

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following categories of expenditure for land conservation

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projects already selected for the Florida Forever list pursuant

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to subsection (8).

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     (a) A critical natural lands category including functional

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landscape-scale natural systems, intact large hydrological

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systems, lands with significant imperiled natural communities and

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corridors linking large landscapes as identified and developed by

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the best available scientific analysis.

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     (b) A partnerships or regional incentive category,

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including:

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     1. Projects where local and regional cost-share agreements

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provide a lower cost and greater conservation benefit to the

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people of the state. Additional consideration shall be provided

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under this category where parcels are identified as part of a

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local or regional visioning process and are supported by

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scientific analysis;

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     2. Bargain and shared projects where the state will receive

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a significant reduction in price for public ownership of land as

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a result of the removal of development rights or other interests

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in lands, or receives alternative or matching funds.

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     (c) A substantially complete category of projects where

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mainly inholdings, additions and linkages between preserved areas

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will be acquired and where eighty-five percent of the project is

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complete.

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     (d) A climate change category lists of lands where

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acquisition or other conservation measures will address the

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challenges of global climate change, such as through protection,

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restoration, mitigation and strengthening of Florida's land,

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water and coastal resources. This category includes lands which

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provide opportunities to sequester carbon, provide habitat,

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protect coastal lands or barrier islands, and otherwise mitigate

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and help adapt to the effects of sea level rise, and meet other

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objectives of the program.

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     (e) A less-than-fee category for working agricultural lands

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that significantly contribute to resource protection through

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conservation easements and other less-than-fee techniques, tax

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incentives, life estates, landowner agreements, and other

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partnerships including conservation easements acquired in

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partnership with federal conservation programs, that will

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achieve the objectives of Florida Forever while allowing the

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continuation of compatible agricultural uses on the land. Terms

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of easements proposed for acquisition under this category shall

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be jointly developed by the Division of State Lands and the

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Department of Agriculture and Consumer Services. By January 1,

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2009, the Commissioner of Agriculture and the Secretary of the

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Department of Environmental Protection shall enter into an

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interagency agreement establishing the procedures for such

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projects.

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Projects within each category shall be ranked by order of

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priority.

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The workplan shall be adopted by the Acquisition and Resource

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Council after at least one public hearing. A copy of the

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workplan shall be provided to the Board of Trustees of the

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Internal Improvement Trust Fund no later than October 1 of each

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year.

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

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

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district lands, the owning water management district, may

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

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use of certain lands acquired pursuant to this section, for

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certain uses that are determined by the appropriate board to be

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compatible with the resource values of and management objectives

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for such lands.

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

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

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acquired pursuant to this section shall be presumed to be

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compatible with the purposes for which such lands were acquired.

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     (c)  Notwithstanding the provisions of paragraph (a), no

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

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Department of Environmental Protection or other appropriate state

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

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adversely affect the exclusion of the interest on any revenue

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bonds issued to fund the acquisition of the affected lands from

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gross income for federal income tax purposes, pursuant to

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Internal Revenue Service regulations.

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

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recommend adoption of rules by the board of trustees necessary to

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implement the provisions of this section relating to:

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solicitation, scoring, selecting, and ranking of Florida Forever

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project proposals; disposing of or leasing lands or water areas

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selected for funding through the Florida Forever program; and the

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process of reviewing and recommending for approval or rejection

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the land management plans associated with publicly owned

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properties. Rules promulgated pursuant to this subsection shall

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

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

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

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shall become effective only after legislative review. In its

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

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

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

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taken by the Legislature, such rules shall become effective.

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

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Florida Forever program may be managed for conservation pursuant

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

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anticipation of a state purchase in accordance with a contractual

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arrangement between the acquiring agency and the private party

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

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arrangements, or resource conservation agreements. Lands

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designated as eligible under this subsection shall be managed to

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maintain or enhance the resources the state is seeking to protect

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by acquiring the land and to accelerate public access to the

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lands as soon as practicable. Funding for these contractual

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arrangements may originate from the documentary stamp tax revenue

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deposited into the Conservation and Recreation Lands Trust Fund

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

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funds allocated under the trust funds shall be expended for this

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purpose.

4/2/2008  6:31:00 PM     EP.EP.06502