Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 542
822796
Senate
Floor: 5a/AD/2R
4/16/2008 2:44 PM
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House
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Senator Bennett moved the following amendment to amendment
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(563226):
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Senate Amendment (
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Delete lines 90 through 147
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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 programs,
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the Legislature recognizes the desires of the residents
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citizens of this state to prosper through economic development
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and to preserve, restore, and manage the state's natural areas
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and recreational open space of Florida. The Legislature further
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recognizes the urgency of restoring the natural functions,
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including wildlife and imperiled species habitat functions, of
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public lands or water bodies before they are degraded to a
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point where recovery may never occur, yet acknowledges the
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difficulty of ensuring adequate funding for restoration,
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enhancement and management efforts in light of other equally
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critical financial needs of the state. It is the Legislature's
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desire and intent to fund the implementation of this section
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and to do so in a fiscally responsible manner, by issuing bonds
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to be repaid with documentary stamp tax or other revenue
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sources, including those identified in subparagraph (a)11.
4/16/2008 9:02:00 AM 21-07765-08
CODING: Words stricken are deletions; words underlined are additions.