Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 542

771660

CHAMBER ACTION

Senate

Floor: WD/2R

4/16/2008 10:53 AM

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House



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Senator Bennett moved the following amendment:

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     Senate Amendment

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     Delete line(s) 1726-1790

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and insert:

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     11. The state must play a major role in the recovery and

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management of its imperiled species through the acquisition,

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restoration, enhancement, and management of ecosystems that can

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support the major life functions of such species. It is the

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intent of the Legislature to support local, state, and federal

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programs that result in net benefit to imperiled species habitat

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by providing public and private land owners meaningful incentives

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for acquiring, restoring, managing, and repopulating habitats for

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imperiled species. It is the further intent of the Legislature

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that public lands, both existing and to be acquired, identified

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by the lead land managing agency, in consultation with the

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Florida Fish and Wildlife Conservation Commission for animals or

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the Department of Agriculture and Consumer Services for plants,

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as habitat or potentially restorable habitat for imperiled

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species, be restored, enhanced, managed, and repopulated as

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habitat for such species to advance the goals and objectives of

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imperiled species management consistent with the purposes for

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which such lands are acquired without restricting other uses

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identified in the management plan. It is also the intent of the

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Legislature that of the proceeds distributed pursuant to

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subsection (3), additional consideration be given to acquisitions

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that achieve a combination of conservation goals, including the

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restoration, enhancement, management, or repopulation of habitat

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for imperiled species. The Acquisition and Restoration Council,

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in addition to the criteria in subsection (9), shall give weight

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to projects that include acquisition, restoration, management, or

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repopulation of habitat for imperiled species. The term

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"imperiled species" as used in this chapter and chapter 253,

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means plants and animals that are federally listed under the

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Endangered Species Act, or state-listed by the Fish and Wildlife

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Conservation Commission or the Department of Agriculture and

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Consumer Services.

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     a. As part of the state's role, all state lands that have

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imperiled species habitat shall include as a consideration in

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management plan development the restoration, enhancement,

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management, and repopulation of such habitats. In addition, the

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lead land managing agency of such state lands may use fees

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received from public or private entities for projects to offset

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adverse impacts to imperiled species or their habitat in order to

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restore, enhance, manage, repopulate, or acquire land and to

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implement land management plans developed under s. 253.034 or

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land management prospectus developed and implemented under this

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chapter. Such fees shall be deposited into a foundation or fund

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created by each land management agency under s. 372.0215, s.

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589.012, or 259.032(11)(d), to be used solely to restore, manage,

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enhance, repopulate, or acquire imperiled species habitat.

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     b. Where habitat or potentially restorable habitat for

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imperiled species is located on state lands, the Fish and

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Wildlife Conservation Commission and the Department of

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Agriculture and Consumer Services shall be included on any

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advisory group required under chapter 253, and the short-term and

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long-term management goals required under chapter 253 must

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advance the goals and objectives of imperiled species management

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consistent with the purposes for which the land was acquired

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without restricting other uses identified in the management plan.

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     12.10. There is a need It is the intent of the Legislature

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to change the focus and direction of the state's major land

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acquisition programs and to extend funding and bonding

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capabilities, so that future generations may enjoy the natural

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resources of this state.

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     (b) The Legislature recognizes that acquisition of lands in

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fee simple is only one way to achieve the aforementioned goals

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and encourages the use of less-than-fee interests, other

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techniques, and the development of creative partnerships between

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governmental agencies and private landowners. Such partnerships

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may include those that advance the restoration, enhancement,

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management, or repopulation of imperiled species habitat on state

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lands as provided for in subparagraph (a)11. Easements acquired

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pursuant to s. 570.71(2)(a) and (b), land protection agreements,

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rural land stewardship areas, sector planning, mitigation, and

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similar tools should be used, where appropriate, to bring

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environmentally sensitive tracts under an acceptable level of

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protection at a lower financial cost to the public, and to

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provide private landowners with the opportunity to enjoy and

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benefit from their property.

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     (c)  Public agencies or other entities that receive funds

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under this section shall are encouraged to better coordinate

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their expenditures so that project acquisitions, when combined

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with acquisitions under Florida Forever, Preservation 2000, Save

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Our Rivers, the Florida Communities Trust, and other public land

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acquisition programs, and the techniques, partnerships, and tools

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referenced in subparagraph (a)11. and paragraph (b), are used to

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will form more complete patterns of protection for natural areas,

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ecological greenways, and functioning ecosystems, to better

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accomplish the intent of this section.

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     (d) A long-term financial commitment to restoring,

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enhancing, and managing Florida's public lands in order to

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implement land management plans developed under s. 253.034 or a

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land management prospectus developed and implemented under this

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chapter must accompany any new land acquisition program to ensure

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that the natural resource values of such lands are restored,

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enhanced, managed, and protected, that the public enjoys has the

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opportunity to enjoy the lands to their fullest potential, and

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that the state achieves the full benefits of its investment of

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public dollars. Innovative strategies such as public-private

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partnerships and interagency planning and sharing of resources

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shall be used to achieve the state's management goals.

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     (e) With limited dollars available for restoration,

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enhancement, management, and acquisition of land and water areas

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and for providing long-term management and capital improvements,

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a competitive selection process shall can select those projects

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best able to meet the goals of Florida Forever and maximize the

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efficient use of the program's funding.

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     (f)  To ensure success and provide accountability to the

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citizens of this state, it is the intent of the Legislature that

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any cash or bond proceeds used pursuant to this section be used

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to implement the goals and objectives recommended by a

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comprehensive science-based assessment and the Florida Forever

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Advisory Council as approved by the Board of Trustees of the

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Internal Improvement Trust Fund and the Legislature.

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     (g)  As it has with previous land acquisition

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programs, the Legislature recognizes the desires of the

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residents citizens of this state to prosper through

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economic development and to preserve, restore, and manage

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the state's natural areas and recreational open space of

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Florida. The Legislature further recognizes the urgency of

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restoring the natural functions, including wildlife and

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imperiled species habitat functions, of public lands or

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water bodies before they are degraded to a point where

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recovery may never occur, yet acknowledges the difficulty

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of ensuring adequate funding for restoration, enhancement

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and management efforts in light of other equally critical

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financial needs of the state. It is the Legislature's

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desire and intent to fund the implementation of this

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section and to do so in a fiscally responsible manner, by

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issuing bonds to be repaid with documentary stamp tax or

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other revenue sources, including those identified in

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subparagraph (a)11.

4/15/2008  8:24:00 PM     21-07700-08

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