Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (631392) for SB 584
       
       
       
       
       
       
                                Ì267346<Î267346                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2015           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) The following trust funds within the
    6  Department of Environmental Protection are terminated:
    7         (a) The Florida Preservation 2000 Trust Fund, FLAIR number
    8  37-2-332.
    9         (b) The Florida Communities Trust Fund, FLAIR number 37-2
   10  244.
   11         (c) The Ecosystem Management and Restoration Trust Fund,
   12  FLAIR number 37-2-193.
   13         (d) The Water Management Lands Trust Fund, FLAIR number 37
   14  2-776.
   15         (e) The Conservation and Recreation Lands Trust Fund, FLAIR
   16  number 37-2-131.
   17         (2)(a) All current balances remaining in the Florida
   18  Communities Trust Fund and the Florida Preservation 2000 Trust
   19  Fund shall be transferred to the Florida Forever Trust Fund,
   20  FLAIR number 37-2-348.
   21         (b) All current balances remaining in the Ecosystem
   22  Management and Restoration Trust Fund, the Water Management
   23  Lands Trust Fund, and the Conservation and Recreation Lands
   24  Trust Fund shall be transferred to the Water Quality Assurance
   25  Trust Fund, FLAIR number 37-2-780.
   26         (3) The Department of Environmental Protection shall pay
   27  all outstanding debts or obligations of the terminated trust
   28  funds as required, and the Chief Financial Officer shall close
   29  out and remove the terminated trust funds from the various state
   30  accounting systems using generally accepted accounting
   31  principles concerning warrants outstanding, assets, and
   32  liabilities.
   33         Section 2. (1) The Conservation and Recreation Lands
   34  Program Trust Fund, FLAIR number 42-2-931, within the Department
   35  of Agriculture and Consumer Services is terminated.
   36         (2) The Department of Agriculture and Consumer Services
   37  shall pay any outstanding debts or obligations of the terminated
   38  trust fund as soon as practicable, and the Chief Financial
   39  Officer shall close out and remove that terminated trust fund
   40  from the various state accounting systems using generally
   41  accepted accounting principles concerning warrants outstanding,
   42  assets, and liabilities.
   43         Section 3. (1) The Conservation and Recreation Lands
   44  Program Trust Fund, FLAIR number 72-2-931, within the Fish and
   45  Wildlife Conservation Commission is terminated.
   46         (2) The Fish and Wildlife Conservation Commission shall pay
   47  any outstanding debts or obligations of the terminated trust
   48  fund as soon as practicable, and the Chief Financial Officer
   49  shall close out and remove that terminated trust fund from the
   50  various state accounting systems using generally accepted
   51  accounting principles concerning warrants outstanding, assets,
   52  and liabilities.
   53         Section 4. Paragraph (e) is added to subsection (3) of
   54  section 17.61, Florida Statutes, to read:
   55         17.61 Chief Financial Officer; powers and duties in the
   56  investment of certain funds.—
   57         (3)
   58         (e) Moneys in any land acquisition trust fund created or
   59  designated to receive funds under s. 28, Art. X of the State
   60  Constitution may not be invested as provided in this section,
   61  but shall be retained in those trust funds, with the interest
   62  appropriated to the General Revenue Fund, as provided in s.
   63  17.57.
   64         Section 5. Section 161.05301, Florida Statutes, is
   65  repealed.
   66         Section 6. Subsection (3) of section 161.054, Florida
   67  Statutes, is amended to read:
   68         161.054 Administrative fines; liability for damage; liens.—
   69         (3) The imposition of a fine or an award of damages
   70  pursuant to this section shall create a lien upon the real and
   71  personal property of the violator, enforceable by the department
   72  as are statutory liens under chapter 85. The proceeds of such
   73  fines and awards of damages shall be deposited in the Florida
   74  Coastal Protection Ecosystem Management and Restoration Trust
   75  Fund.
   76         Section 7. Subsections (1) and (3) of section 161.091,
   77  Florida Statutes, are amended to read:
   78         161.091 Beach management; funding; repair and maintenance
   79  strategy.—
   80         (1) Subject to such appropriations as the Legislature may
   81  make therefor from time to time, disbursements from the Land
   82  Acquisition Ecosystem Management and Restoration Trust Fund may
   83  be made by the department in order to carry out the proper state
   84  responsibilities in a comprehensive, long-range, statewide beach
   85  management plan for erosion control; beach preservation,
   86  restoration, and nourishment; and storm and hurricane protection
   87  and other activities authorized for beaches and shores pursuant
   88  to s. 28, Art. X of the State Constitution. Legislative intent
   89  in appropriating such funds is for the implementation of those
   90  projects that contribute most significantly to addressing the
   91  state’s beach erosion problems.
   92         (3) In accordance with the intent expressed in s. 161.088
   93  and the legislative finding that erosion of the beaches of this
   94  state is detrimental to tourism, the state’s major industry,
   95  further exposes the state’s highly developed coastline to severe
   96  storm damage, and threatens beach-related jobs, which, if not
   97  stopped, may significantly reduce state sales tax revenues,
   98  funds deposited into the State Treasury to the credit of the
   99  Land Acquisition Ecosystem Management and Restoration Trust
  100  Fund, in the annual amounts provided in s. 201.15, shall be
  101  used, for a period of not less than 15 years, to fund the
  102  development, implementation, and administration of the state’s
  103  beach management plan, as provided in ss. 161.091-161.212 and as
  104  authorized in s. 28, Art. X of the State Constitution, prior to
  105  the use of such funds deposited pursuant to s. 201.15 in that
  106  trust fund for any other purpose.
  107         Section 8. Section 201.0205, Florida Statutes, is amended
  108  to read:
  109         201.0205 Counties that have implemented ch. 83-220;
  110  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
  111  Laws of Florida.—The 10-cent tax increase in the documentary
  112  stamp tax levied by s. 2, chapter 92-317, does not apply to
  113  deeds and other taxable instruments relating to real property
  114  located in any county that has implemented the provisions of
  115  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  116  86-152, and 89-252, Laws of Florida. Each such county and each
  117  eligible jurisdiction within such county may shall not be
  118  eligible to participate in programs funded pursuant to s.
  119  201.15(4)(c) s. 201.15(9). However, each such county and each
  120  eligible jurisdiction within such county may shall be eligible
  121  to participate in programs funded pursuant to s. 201.15(4)(d) s.
  122  201.15(10).
  123         Section 9. Section 201.15, Florida Statutes, is amended to
  124  read:
  125         201.15 Distribution of taxes collected.—All taxes collected
  126  under this chapter, except taxes distributed to the Land
  127  Acquisition Trust Fund pursuant to subsections (1) and (2), are
  128  subject to the service charge imposed in s. 215.20(1). Before
  129  distribution pursuant to under this section, the Department of
  130  Revenue shall deduct amounts necessary to pay the costs of the
  131  collection and enforcement of the tax levied by this chapter.
  132  The Such costs and the service charge may not be levied against
  133  any portion of taxes pledged to debt service on bonds to the
  134  extent that the costs and service charge are required to pay any
  135  amounts relating to the bonds. After distributions are made
  136  pursuant to subsection (1), All of the costs of the collection
  137  and enforcement of the tax levied by this chapter and the
  138  service charge shall be available and transferred to the extent
  139  necessary to pay debt service and any other amounts payable with
  140  respect to bonds authorized before January 1, 2015, secured by
  141  revenues distributed pursuant to this section subsection (1).
  142  All taxes remaining after deduction of costs and the service
  143  charge shall be distributed as follows:
  144         (1) All of the remaining taxes collected under this chapter
  145  are pledged and shall be first made available to make payments
  146  on bonds issued pursuant to s. 215.618 or s. 215.619, as
  147  provided under paragraphs (3)(a) and (b), or on any other bonds
  148  authorized to be issued on a parity basis with such bonds.
  149  Amounts necessary to make such payments shall be deposited in
  150  the Land Acquisition Trust Fund.
  151         (2) If the amounts deposited pursuant to subsection (1) are
  152  less than 33 percent of all taxes collected after first
  153  deducting the costs of collection, an amount equal to 33 percent
  154  of all taxes collected after first deducting the costs of
  155  collection, minus the amounts deposited pursuant to subsection
  156  (1), shall be deposited in the Land Acquisition Trust Fund.
  157         (3) Amounts on deposit in the Land Acquisition Trust Fund
  158  Sixty-three and thirty-one hundredths percent of the remaining
  159  taxes shall be used in for the following order purposes:
  160         (a) Payment of Amounts necessary to pay the debt service
  161  on, or funding of fund debt service reserve funds, rebate
  162  obligations, or other amounts payable with respect to
  163  Preservation 2000 bonds issued pursuant to s. 375.051 and
  164  Florida Forever bonds issued pursuant to s. 215.618, shall be
  165  paid into the State Treasury to the credit of the Land
  166  Acquisition Trust Fund to be used for such purposes. The amount
  167  used for such purposes transferred to the Land Acquisition Trust
  168  Fund may not exceed $300 million in each fiscal year 1999-2000
  169  and thereafter for Preservation 2000 bonds and bonds issued to
  170  refund Preservation 2000 bonds, and $300 million in fiscal year
  171  2000-2001 and thereafter for Florida Forever bonds. The annual
  172  amount transferred to the Land Acquisition Trust Fund for
  173  Florida Forever bonds may not exceed $30 million in the first
  174  fiscal year in which bonds are issued. The limitation on the
  175  amount transferred shall be increased by an additional $30
  176  million in each subsequent fiscal year, but may not exceed a
  177  total of $300 million in any fiscal year for all bonds issued.
  178  It is the intent of the Legislature that all bonds issued to
  179  fund the Florida Forever Act be retired by December 31, 2040.
  180  Except for bonds issued to refund previously issued bonds, no
  181  series of bonds may be issued pursuant to this paragraph unless
  182  such bonds are approved and the debt service for the remainder
  183  of the fiscal year in which the bonds are issued is specifically
  184  appropriated in the General Appropriations Act. For purposes of
  185  refunding Preservation 2000 bonds, amounts designated within
  186  this section for Preservation 2000 and Florida Forever bonds may
  187  be transferred between the two programs to the extent provided
  188  for in the documents authorizing the issuance of the bonds. The
  189  Preservation 2000 bonds and Florida Forever bonds are equally
  190  and ratably secured by moneys distributable to the Land
  191  Acquisition Trust Fund pursuant to this section, except as
  192  specifically provided otherwise by the documents authorizing the
  193  issuance of the bonds. Moneys transferred to the Land
  194  Acquisition Trust Fund pursuant to this paragraph, or earnings
  195  thereon, may not be used or made available to pay debt service
  196  on the Save Our Coast revenue bonds.
  197         (b) Payment Moneys shall be paid into the State Treasury to
  198  the credit of the Save Our Everglades Trust Fund in amounts
  199  necessary to pay debt service, provide reserves, and pay rebate
  200  obligations and other amounts due with respect to bonds issued
  201  pursuant to under s. 215.619. Taxes distributed under paragraph
  202  (a) and this paragraph must be collectively distributed on a pro
  203  rata basis when the available moneys under this subsection are
  204  not sufficient to cover the amounts required under paragraph (a)
  205  and this paragraph.
  206  
  207  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  208  and ratably secured by moneys distributable to the Land
  209  Acquisition Trust Fund.
  210         (4)(c) After the required distributions to the Land
  211  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  212  deduction of the service charge imposed pursuant to s. 215.20(1)
  213  payments under paragraphs (a) and (b), the remainder shall be
  214  distributed as follows paid into the State Treasury to the
  215  credit of:
  216         (a)1.The State Transportation Trust Fund in the Department
  217  of Transportation in the amount of The lesser of 24.18442 38.2
  218  percent of the remainder or $541.75 million in each fiscal year
  219  shall be paid into the State Treasury to the credit of the State
  220  Transportation Trust Fund. Out Of such funds, the first $50
  221  million for the 2012-2013 fiscal year; $65 million for the 2013
  222  2014 fiscal year; and $75 million for each the 2014-2015 fiscal
  223  year and all subsequent years, shall be transferred to the State
  224  Economic Enhancement and Development Trust Fund within the
  225  Department of Economic Opportunity. Notwithstanding any other
  226  law, the remaining amount credited to the State Transportation
  227  Trust Fund shall remainder is to be used for the following
  228  specified purposes, notwithstanding any other law to the
  229  contrary:
  230         1.a.For the purposes of Capital funding for the New Starts
  231  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  232  specified in s. 341.051, in the amount of 10 percent of the
  233  these funds;
  234         2.b.For the purposes of The Small County Outreach Program
  235  specified in s. 339.2818, in the amount of 10 5 percent of the
  236  these funds. Effective July 1, 2014, the percentage allocated
  237  under this sub-subparagraph shall be increased to 10 percent;
  238         3.c.For the purposes of The Strategic Intermodal System
  239  specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
  240  amount of 75 percent of the these funds after deduction of the
  241  payments required pursuant to subparagraphs 1. and 2. allocating
  242  for the New Starts Transit Program described in sub-subparagraph
  243  a. and the Small County Outreach Program described in sub
  244  subparagraph b.; and
  245         4.d.For the purposes of The Transportation Regional
  246  Incentive Program specified in s. 339.2819, in the amount of 25
  247  percent of the these funds after deduction of the payments
  248  required pursuant to subparagraphs 1. and 2. allocating for the
  249  New Starts Transit Program described in sub-subparagraph a. and
  250  the Small County Outreach Program described in sub-subparagraph
  251  b. Effective July 1, 2014, The first $60 million of the funds
  252  allocated pursuant to this subparagraph sub-subparagraph shall
  253  be allocated annually to the Florida Rail Enterprise for the
  254  purposes established in s. 341.303(5).
  255         (b)2.The Grants and Donations Trust Fund in the Department
  256  of Economic Opportunity in the amount of The lesser of .1456 .23
  257  percent of the remainder or $3.25 million in each fiscal year
  258  shall be paid into the State Treasury to the credit of the
  259  Grants and Donations Trust Fund in the Department of Economic
  260  Opportunity to fund technical assistance to local governments.
  261         3. The Ecosystem Management and Restoration Trust Fund in
  262  the amount of the lesser of 2.12 percent of the remainder or $30
  263  million in each fiscal year, to be used for the preservation and
  264  repair of the state’s beaches as provided in ss. 161.091
  265  161.212.
  266         4. General Inspection Trust Fund in the amount of the
  267  lesser of .02 percent of the remainder or $300,000 in each
  268  fiscal year to be used to fund oyster management and restoration
  269  programs as provided in s. 379.362(3).
  270  
  271  Moneys distributed pursuant to paragraphs (a) and (b) this
  272  paragraph may not be pledged for debt service unless such pledge
  273  is approved by referendum of the voters.
  274         (d)After the required payments under paragraphs (a), (b),
  275  and (c), the remainder shall be paid into the State Treasury to
  276  the credit of the General Revenue Fund to be used and expended
  277  for the purposes for which the General Revenue Fund was created
  278  and exists by law.
  279         (2) The lesser of 7.56 percent of the remaining taxes or
  280  $84.9 million in each fiscal year shall be distributed as
  281  follows:
  282         (a) Six million and three hundred thousand dollars shall be
  283  paid into the State Treasury to the credit of the General
  284  Revenue Fund.
  285         (b) The remainder shall be paid into the State Treasury to
  286  the credit of the Land Acquisition Trust Fund. Sums deposited in
  287  the fund pursuant to this subsection may be used for any purpose
  288  for which funds deposited in the Land Acquisition Trust Fund may
  289  lawfully be used.
  290         (3)(a) The lesser of 1.94 percent of the remaining taxes or
  291  $26 million in each fiscal year shall be distributed in the
  292  following order:
  293         1. Amounts necessary to pay debt service or to fund debt
  294  service reserve funds, rebate obligations, or other amounts
  295  payable with respect to bonds issued before February 1, 2009,
  296  pursuant to this subsection shall be paid into the State
  297  Treasury to the credit of the Land Acquisition Trust Fund.
  298         2. Eleven million dollars shall be paid into the State
  299  Treasury to the credit of the General Revenue Fund.
  300         3. The remainder shall be paid into the State Treasury to
  301  the credit of the Land Acquisition Trust Fund.
  302         (b) Moneys deposited in the Land Acquisition Trust Fund
  303  pursuant to this subsection shall be used to acquire coastal
  304  lands or to pay debt service on bonds issued to acquire coastal
  305  lands and to develop and manage lands acquired with moneys from
  306  the trust fund.
  307         (4) The lesser of 4.2 percent of the remaining taxes or
  308  $60.5 million in each fiscal year shall be paid into the State
  309  Treasury to the credit of the Water Management Lands Trust Fund.
  310  Sums deposited in that fund may be used for any purpose
  311  authorized in s. 373.59. An amount equal to the amounts
  312  necessary to pay debt service or to fund debt service reserve
  313  funds, rebate obligations, or other amounts payable with respect
  314  to bonds authorized pursuant to s. 215.619(1)(a)2. and the
  315  proviso associated with Specific Appropriation 1626A of the
  316  2014-2015 General Appropriations Act shall be transferred
  317  annually from the Water Management Lands Trust Fund to the
  318  General Revenue Fund.
  319         (5) Of the remaining taxes, 3.52 percent shall be paid into
  320  the State Treasury to the credit of the Conservation and
  321  Recreation Lands Trust Fund to carry out the purposes set forth
  322  in s. 259.032. Eleven and fifteen hundredths percent of the
  323  amount credited to the Conservation and Recreation Lands Trust
  324  Fund pursuant to this subsection shall be transferred to the
  325  State Game Trust Fund and used for land management activities.
  326         (6) The lesser of 2.28 percent of the remaining taxes or
  327  $34.1 million in each fiscal year shall be paid into the State
  328  Treasury to the credit of the Invasive Plant Control Trust Fund
  329  to carry out the purposes set forth in ss. 369.22 and 369.252.
  330         (7) The lesser of .5 percent of the remaining taxes or $9.3
  331  million in each fiscal year shall be paid into the State
  332  Treasury to the credit of the State Game Trust Fund to be used
  333  exclusively for the purpose of implementing the Lake Restoration
  334  2020 Program.
  335         (8) One-half of one percent of the remaining taxes shall be
  336  paid into the State Treasury and divided equally to the credit
  337  of the Department of Environmental Protection Water Quality
  338  Assurance Trust Fund to address water quality impacts associated
  339  with nonagricultural nonpoint sources and to the credit of the
  340  Department of Agriculture and Consumer Services General
  341  Inspection Trust Fund to address water quality impacts
  342  associated with agricultural nonpoint sources, respectively.
  343  These funds shall be used for research, development,
  344  demonstration, and implementation of suitable best management
  345  practices or other measures used to achieve water quality
  346  standards in surface waters and water segments identified
  347  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
  348  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  349  management practices and other measures may include cost-share
  350  grants, technical assistance, implementation tracking, and
  351  conservation leases or other agreements for water quality
  352  improvement. The Department of Environmental Protection and the
  353  Department of Agriculture and Consumer Services may adopt rules
  354  governing the distribution of funds for implementation of best
  355  management practices. The unobligated balance of funds received
  356  from the distribution of taxes collected under this chapter to
  357  address water quality impacts associated with nonagricultural
  358  nonpoint sources must be excluded when calculating the
  359  unobligated balance of the Water Quality Assurance Trust Fund as
  360  it relates to the determination of the applicable excise tax
  361  rate.
  362         (c)(9)Eleven and twenty-four Seven and fifty-three
  363  hundredths percent of the remainder remaining taxes in each
  364  fiscal year shall be paid into the State Treasury to the credit
  365  of the State Housing Trust Fund. Out Of such funds, beginning in
  366  the 2012-2013 fiscal year, the first $35 million shall be
  367  transferred annually, subject to any distribution required
  368  pursuant to under subsection (5) (15), to the State Economic
  369  Enhancement and Development Trust Fund within the Department of
  370  Economic Opportunity. The remainder shall be used as follows:
  371         1.(a) Half of that amount shall be used for the purposes
  372  for which the State Housing Trust Fund was created and exists by
  373  law.
  374         2.(b) Half of that amount shall be paid into the State
  375  Treasury to the credit of the Local Government Housing Trust
  376  Fund and used for the purposes for which the Local Government
  377  Housing Trust Fund was created and exists by law.
  378         (d)(10)Twelve and ninety-three Eight and sixty-six
  379  hundredths percent of the remainder remaining taxes in each
  380  fiscal year shall be paid into the State Treasury to the credit
  381  of the State Housing Trust Fund. Out Of such funds, beginning in
  382  the 2012-2013 fiscal year, the first $40 million shall be
  383  transferred annually, subject to any distribution required
  384  pursuant to under subsection (5) (15), to the State Economic
  385  Enhancement and Development Trust Fund within the Department of
  386  Economic Opportunity. The remainder shall be used as follows:
  387         1.(a) Twelve and one-half percent of that amount shall be
  388  deposited into the State Housing Trust Fund and be expended by
  389  the Department of Economic Opportunity and by the Florida
  390  Housing Finance Corporation for the purposes for which the State
  391  Housing Trust Fund was created and exists by law.
  392         2.(b) Eighty-seven and one-half percent of that amount
  393  shall be distributed to the Local Government Housing Trust Fund
  394  and used for the purposes for which the Local Government Housing
  395  Trust Fund was created and exists by law. Funds from this
  396  category may also be used to provide for state and local
  397  services to assist the homeless.
  398         (e)The sum of $1.16 million in each fiscal year shall be
  399  paid into the State Treasury to the credit of the Internal
  400  Improvement Trust Fund for the purpose of making payment in lieu
  401  of taxes under s. 259.032(12)(b).
  402         (11) The distribution of proceeds deposited into the Water
  403  Management Lands Trust Fund and the Conservation and Recreation
  404  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  405  be used for land acquisition but may be used for preacquisition
  406  costs associated with land purchases. The Legislature intends
  407  that the Florida Forever program supplant the acquisition
  408  programs formerly authorized under ss. 259.032 and 373.59.
  409         (12) Amounts distributed pursuant to subsections (5), (6),
  410  (7), and (8) are subject to the payment of debt service on
  411  outstanding Conservation and Recreation Lands revenue bonds.
  412         (13) In each fiscal year that the remaining taxes exceed
  413  collections in the prior fiscal year, the stated maximum dollar
  414  amounts provided in subsections (2), (4), (6), and (7) shall
  415  each be increased by an amount equal to 10 percent of the
  416  increase in the remaining taxes collected under this chapter
  417  multiplied by the applicable percentage provided in those
  418  subsections.
  419         (14) If the payment requirements in any year for bonds
  420  outstanding on July 1, 2007, or bonds issued to refund such
  421  bonds, exceed the limitations of this section, distributions to
  422  the trust fund from which the bond payments are made must be
  423  increased to the lesser of the amount needed to pay bond
  424  obligations or the limit of the applicable percentage
  425  distribution provided in subsections (1)-(10).
  426         (5)(15) Distributions to the State Housing Trust Fund
  427  pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
  428  must be sufficient to cover amounts required to be transferred
  429  to the Florida Affordable Housing Guarantee Program’s annual
  430  debt service reserve and guarantee fund pursuant to s.
  431  420.5092(6)(a) and (b) up to the amount required to be
  432  transferred to such reserve and fund based on the percentage
  433  distribution of documentary stamp tax revenues to the State
  434  Housing Trust Fund which is in effect in the 2004-2005 fiscal
  435  year.
  436         (16) If amounts necessary to pay debt service or any other
  437  amounts payable with respect to Preservation 2000 bonds, Florida
  438  Forever bonds, or Everglades Restoration bonds authorized before
  439  January 1, 2015, exceed the amounts distributable pursuant to
  440  subsection (1), all moneys distributable pursuant to this
  441  section are available for such obligations and transferred in
  442  the amounts necessary to pay such obligations when due. However,
  443  amounts distributable pursuant to subsection (2), subsection
  444  (3), subsection (4), subsection (5), paragraph (9)(a), or
  445  paragraph (10)(a) are not available to pay such obligations to
  446  the extent that such moneys are necessary to pay debt service on
  447  bonds secured by revenues pursuant to those provisions.
  448         (6)(17) After the distributions provided in the preceding
  449  subsections, any remaining taxes shall be paid into the State
  450  Treasury to the credit of the General Revenue Fund.
  451         Section 10. Paragraphs (a) and (b) of subsection (6) of
  452  section 211.3103, Florida Statutes, are amended to read:
  453         211.3103 Levy of tax on severance of phosphate rock; rate,
  454  basis, and distribution of tax.—
  455         (6)(a) Beginning January 1, 2023 July 1 of the 2011-2012
  456  fiscal year, the proceeds of all taxes, interest, and penalties
  457  imposed under this section are exempt from the general revenue
  458  service charge provided in s. 215.20, and such proceeds shall be
  459  paid into the State Treasury as follows:
  460         1. To the credit of the State Park Conservation and
  461  Recreation Lands Trust Fund, 25.5 percent.
  462         2. To the credit of the General Revenue Fund of the state,
  463  35.7 percent.
  464         3. For payment to counties in proportion to the number of
  465  tons of phosphate rock produced from a phosphate rock matrix
  466  located within such political boundary, 12.8 percent. The
  467  department shall distribute this portion of the proceeds
  468  annually based on production information reported by the
  469  producers on the annual returns for the taxable year. Any such
  470  proceeds received by a county shall be used only for phosphate
  471  related expenses.
  472         4. For payment to counties that have been designated as a
  473  rural area of opportunity pursuant to s. 288.0656 in proportion
  474  to the number of tons of phosphate rock produced from a
  475  phosphate rock matrix located within such political boundary,
  476  10.0 percent. The department shall distribute this portion of
  477  the proceeds annually based on production information reported
  478  by the producers on the annual returns for the taxable year.
  479  Payments under this subparagraph shall be made to the counties
  480  unless the Legislature by special act creates a local authority
  481  to promote and direct the economic development of the county. If
  482  such authority exists, payments shall be made to that authority.
  483         5. To the credit of the Nonmandatory Land Reclamation Trust
  484  Fund, 6.2 percent.
  485         6. To the credit of the Phosphate Research Trust Fund in
  486  the Division of Universities of the Department of Education, 6.2
  487  percent.
  488         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  489         (b) Notwithstanding paragraph (a), from January 1, 2015,
  490  until December 31, 2022, the proceeds of all taxes, interest,
  491  and penalties imposed under this section are exempt from the
  492  general revenue service charge provided in s. 215.20, and such
  493  proceeds shall be paid to the State Treasury as follows:
  494         1. To the credit of the State Park Conservation and
  495  Recreation Lands Trust Fund, 22.8 percent.
  496         2. To the credit of the General Revenue Fund of the state,
  497  31.9 percent.
  498         3. For payment to counties pursuant to subparagraph (a)3.,
  499  11.5 percent.
  500         4. For payment to counties pursuant to subparagraph (a)4.,
  501  8.9 percent.
  502         5. To the credit of the Nonmandatory Land Reclamation Trust
  503  Fund, 16.1 percent.
  504         6. To the credit of the Phosphate Research Trust Fund in
  505  the Division of Universities of the Department of Education, 5.6
  506  percent.
  507         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  508         Section 11. Subsection (2) of section 215.20, Florida
  509  Statutes, is amended to read:
  510         215.20 Certain income and certain trust funds to contribute
  511  to the General Revenue Fund.—
  512         (2) Notwithstanding the provisions of subsection (1), the
  513  trust funds of the Department of Citrus and the Department of
  514  Agriculture and Consumer Services, including funds collected in
  515  the General Inspection Trust Fund for marketing orders and in
  516  the Florida Citrus Advertising Trust Fund, shall be subject to a
  517  4 percent service charge, which is hereby appropriated to the
  518  General Revenue Fund. This subsection paragraph does not apply
  519  to the Conservation and Recreation Lands Program Trust Fund, the
  520  Citrus Inspection Trust Fund, the Florida Forever Program Trust
  521  Fund, the Market Improvements Working Capital Trust Fund, the
  522  Pest Control Trust Fund, the Plant Industry Trust Fund, or other
  523  funds collected in the General Inspection Trust Fund in the
  524  Department of Agriculture and Consumer Services.
  525         Section 12. Paragraph (a) of subsection (1) and subsections
  526  (2), (3), and (6) of section 215.618, Florida Statutes, are
  527  amended to read:
  528         215.618 Bonds for acquisition and improvement of land,
  529  water areas, and related property interests and resources.—
  530         (1)(a) The issuance of Florida Forever bonds, not to exceed
  531  $5.3 billion, to finance or refinance the cost of acquisition
  532  and improvement of land, water areas, and related property
  533  interests and resources, in urban and rural settings, for the
  534  purposes of restoration, conservation, recreation, water
  535  resource development, or historical preservation, and for
  536  capital improvements to lands and water areas that accomplish
  537  environmental restoration, enhance public access and
  538  recreational enjoyment, promote long-term management goals, and
  539  facilitate water resource development is hereby authorized,
  540  subject to the provisions of s. 259.105 and pursuant to s.
  541  11(e), Art. VII of the State Constitution and, on or after July
  542  1, 2015, to also finance or refinance the acquisition and
  543  improvement of land, water areas, and related property interests
  544  as provided in s. 28, Art. X of the State Constitution. Florida
  545  Forever bonds may also be issued to refund Preservation 2000
  546  bonds issued pursuant to s. 375.051. The $5.3 billion limitation
  547  on the issuance of Florida Forever bonds does not apply to
  548  refunding bonds. The duration of each series of Florida Forever
  549  bonds issued may not exceed 20 annual maturities. Preservation
  550  2000 bonds and Florida Forever bonds shall be equally and
  551  ratably secured by moneys distributable to the Land Acquisition
  552  Trust Fund pursuant to s. 201.15(1)(a), except to the extent
  553  specifically provided otherwise by the documents authorizing the
  554  issuance of the bonds.
  555         (2) The state covenants does hereby covenant with the
  556  holders of Florida Forever bonds and Preservation 2000 bonds
  557  that it will not take any action which will materially and
  558  adversely affect the rights of such holders so long as such
  559  bonds are outstanding, including, but not limited to, a
  560  reduction in the portion of documentary stamp taxes
  561  distributable to the Land Acquisition Trust Fund for payment of
  562  debt service on Preservation 2000 bonds or Florida Forever
  563  bonds.
  564         (3) Bonds issued pursuant to this section are shall be
  565  payable from taxes distributable to the Land Acquisition Trust
  566  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to this
  567  section do shall not constitute a general obligation of, or a
  568  pledge of the full faith and credit of, the state.
  569         (6) Pursuant to authority granted under by s. 11(e), Art.
  570  VII of the State Constitution, there is hereby continued and re
  571  created the Land Acquisition Trust Fund which shall be a
  572  continuation of the Land Acquisition Trust Fund which exists for
  573  purposes of s. 9(a)(1), Art. XII of the State Constitution. The
  574  Land Acquisition Trust Fund shall continue beyond the
  575  termination of bonding authority provided for in s. 9(a)(1),
  576  Art. XII of the State Constitution, pursuant to the authority
  577  provided by s. 11(e), Art. VII of the State Constitution and
  578  shall continue for so long as Preservation 2000 bonds or Florida
  579  Forever bonds are outstanding and secured by taxes distributable
  580  thereto or until the requirement of s. 28(a), Art. X of the
  581  State Constitution expires, whichever is later.
  582         Section 13. Subsections (2) and (3) of section 215.619,
  583  Florida Statutes, are amended to read:
  584         215.619 Bonds for Everglades restoration.—
  585         (2) The state covenants with the holders of Everglades
  586  restoration bonds that it will not take any action that will
  587  materially and adversely affect the rights of the holders so
  588  long as the bonds are outstanding, including, but not limited
  589  to, a reduction in the portion of documentary stamp taxes
  590  distributable under s. 201.15(1) for payment of debt service on
  591  Preservation 2000 bonds, Florida Forever bonds, or Everglades
  592  restoration bonds.
  593         (3) Everglades restoration bonds are payable from, and
  594  secured by a first lien on, taxes distributable under s.
  595  201.15(1) s. 201.15(1)(b) and do not constitute a general
  596  obligation of, or a pledge of the full faith and credit of, the
  597  state. Everglades restoration bonds shall be secured on a parity
  598  basis with bonds secured by moneys distributable under s.
  599  201.15(1) s. 201.15(1)(a).
  600         Section 14. Subsection (5) of section 253.027, Florida
  601  Statutes, is amended to read:
  602         253.027 Emergency archaeological property acquisition.—
  603         (5) ACCOUNT EXPENDITURES.—
  604         (a) No moneys shall be spent for the acquisition of any
  605  property, including title works, appraisal fees, and survey
  606  costs, unless:
  607         1. The property is an archaeological property of major
  608  statewide significance.
  609         2. The structures, artifacts, or relics, or their historic
  610  significance, will be irretrievably lost if the state cannot
  611  acquire the property.
  612         3. The site is presently on an acquisition list for
  613  Conservation and Recreation Lands or for Florida Forever lands,
  614  or complies with the criteria for inclusion on any such list,
  615  but has yet to be included on the list.
  616         4. No other source of immediate funding is available to
  617  purchase or otherwise protect the property.
  618         5. The site is not otherwise protected by local, state, or
  619  federal laws.
  620         6. The acquisition is not inconsistent with the state
  621  comprehensive plan and the state land acquisition program.
  622         (b) No moneys shall be spent from the account for
  623  excavation or restoration of the properties acquired. Funds may
  624  be spent for preliminary surveys to determine if the sites meet
  625  the criteria of this section. An amount not to exceed $100,000
  626  may also be spent from the account to inventory and evaluate
  627  archaeological and historic resources on properties purchased,
  628  or proposed for purchase, pursuant to s. 259.105(3)(b) s.
  629  259.032.
  630         Section 15. Subsection (12) of section 253.03, Florida
  631  Statutes, is amended to read:
  632         253.03 Board of trustees to administer state lands; lands
  633  enumerated.—
  634         (12) The Board of Trustees of the Internal Improvement
  635  Trust Fund is hereby authorized to administer, manage, control,
  636  conserve, protect, and sell all real property forfeited to the
  637  state pursuant to ss. 895.01-895.09 or acquired by the state
  638  pursuant to s. 607.0505 or former s. 620.192. The board is
  639  directed to immediately determine the value of all such property
  640  and shall ascertain whether the property is in any way
  641  encumbered. If the board determines that it is in the best
  642  interest of the state to do so, funds from the Internal
  643  Improvement Trust Fund may be used to satisfy any such
  644  encumbrances. If forfeited property receipts are not sufficient
  645  to satisfy encumbrances on the property and expenses permitted
  646  under this section, funds from another appropriate the Land
  647  Acquisition trust fund may be used to satisfy any such
  648  encumbrances and expenses. All property acquired by the board
  649  pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09
  650  shall be sold as soon as commercially feasible unless the
  651  Attorney General recommends and the board determines that
  652  retention of the property in public ownership would effectuate
  653  one or more of the following policies of statewide significance:
  654  protection or enhancement of floodplains, marshes, estuaries,
  655  lakes, rivers, wilderness areas, wildlife areas, wildlife
  656  habitat, or other environmentally sensitive natural areas or
  657  ecosystems; or preservation of significant archaeological or
  658  historical sites identified by the Secretary of State. In such
  659  event the property shall remain in the ownership of the board,
  660  to be controlled, managed, and disposed of in accordance with
  661  this chapter, and the Internal Improvement Trust Fund shall be
  662  reimbursed from the Land Acquisition Trust Fund, or other
  663  appropriate fund designated by the board, for any funds expended
  664  from the Internal Improvement Trust Fund pursuant to this
  665  subsection in regard to such property. Upon the recommendation
  666  of the Attorney General, the board may reimburse the
  667  investigative agency for its investigative expenses, costs, and
  668  attorneys’ fees, and may reimburse law enforcement agencies for
  669  actual expenses incurred in conducting investigations leading to
  670  the forfeiture of such property from funds deposited in the
  671  Internal Improvement Trust Fund of the Department of
  672  Environmental Protection. The proceeds of the sale of property
  673  acquired under s. 607.0505, former s. 620.192, or ss. 895.01
  674  895.09 shall be distributed as follows:
  675         (a) After satisfaction of any valid claims arising under
  676  the provisions of s. 895.09(1)(a) or (b), any moneys used to
  677  satisfy encumbrances and expended as costs of administration,
  678  appraisal, management, conservation, protection, sale, and real
  679  estate sales services and any interest earnings lost to the Land
  680  Acquisition trust fund that was used as of a date certified by
  681  the Department of Environmental Protection shall be replaced
  682  first in the Land Acquisition trust fund that was used to
  683  satisfy any such encumbrance or expense, if those funds were
  684  used, and then in the Internal Improvement Trust Fund; and
  685         (b) The remainder shall be distributed as set forth in s.
  686  895.09.
  687         Section 16. Subsection (3), paragraphs (a) and (k) through
  688  (n) of subsection (6), and subsections (10) and (11) of section
  689  253.034, Florida Statutes, are amended to read:
  690         253.034 State-owned lands; uses.—
  691         (3) Recognizing In recognition that recreational trails
  692  purchased with rails-to-trails funds pursuant to former s.
  693  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have
  694  had historic transportation uses and that their linear character
  695  may extend many miles, the Legislature intends that if when the
  696  necessity arises to serve public needs, after balancing the need
  697  to protect trail users from collisions with automobiles and a
  698  preference for the use of overpasses and underpasses to the
  699  greatest extent feasible and practical, transportation uses
  700  shall be allowed to cross recreational trails purchased pursuant
  701  to former s. 259.101(3)(g), Florida Statutes 2014, or s.
  702  259.105(3)(h). When these crossings are needed, the location and
  703  design should consider and mitigate the impact on humans and
  704  environmental resources, and the value of the land shall be paid
  705  based on fair market value.
  706         (6) The Board of Trustees of the Internal Improvement Trust
  707  Fund shall determine which lands, the title to which is vested
  708  in the board, may be surplused. For conservation lands, the
  709  board shall determine whether the lands are no longer needed for
  710  conservation purposes and may dispose of them by an affirmative
  711  vote of at least three members. In the case of a land exchange
  712  involving the disposition of conservation lands, the board must
  713  determine by an affirmative vote of at least three members that
  714  the exchange will result in a net positive conservation benefit.
  715  For all other lands, the board shall determine whether the lands
  716  are no longer needed and may dispose of them by an affirmative
  717  vote of at least three members.
  718         (a) For the purposes of this subsection, all lands acquired
  719  by the state before July 1, 1999, using proceeds from
  720  Preservation 2000 bonds, the former Conservation and Recreation
  721  Lands Trust Fund, the former Water Management Lands Trust Fund,
  722  Environmentally Endangered Lands Program, and the Save Our Coast
  723  Program and titled to the board which are identified as core
  724  parcels or within original project boundaries are deemed to have
  725  been acquired for conservation purposes.
  726         (k) Proceeds from the any sale of surplus conservation
  727  lands purchased before July 1, 2015, pursuant to this subsection
  728  shall be deposited into the Florida Forever Trust Fund from
  729  which such lands were acquired.
  730         (l) Proceeds from the sale of surplus conservation lands
  731  purchased on or after July 1, 2015, shall be deposited into the
  732  Land Acquisition Trust Fund or, if required by bond covenants,
  733  into the trust fund from which the lands were purchased.
  734  However, if the fund from which the lands were originally
  735  acquired no longer exists, such proceeds shall be deposited into
  736  an appropriate account to be used for land management by the
  737  lead managing agency assigned the lands before the lands were
  738  declared surplus.
  739         (m) Funds received from the sale of surplus nonconservation
  740  lands, or lands that were acquired by gift, by donation, or for
  741  no consideration, shall be deposited into the Internal
  742  Improvement Trust Fund.
  743         (n)(l) Notwithstanding this subsection, such disposition of
  744  land may not be made if it would have the effect of causing all
  745  or any portion of the interest on any revenue bonds issued to
  746  lose the exclusion from gross income for federal income tax
  747  purposes.
  748         (o)(m) The sale of filled, formerly submerged land that
  749  does not exceed 5 acres in area is not subject to review by the
  750  council or its successor.
  751         (p)(n) The board may adopt rules to administer this section
  752  which may include procedures for administering surplus land
  753  requests and criteria for when the division may approve requests
  754  to surplus nonconservation lands on behalf of the board.
  755         (10) The following additional uses of conservation lands
  756  acquired pursuant to the Florida Forever program and other
  757  state-funded conservation land purchase programs shall be
  758  authorized, upon a finding by the board of trustees, if they
  759  meet the criteria specified in paragraphs (a)-(e): water
  760  resource development projects, water supply development
  761  projects, stormwater management projects, linear facilities, and
  762  sustainable agriculture and forestry. Such additional uses are
  763  authorized where:
  764         (a) Not inconsistent with the management plan for such
  765  lands;
  766         (b) Compatible with the natural ecosystem and resource
  767  values of such lands;
  768         (c) The proposed use is appropriately located on such lands
  769  and where due consideration is given to the use of other
  770  available lands;
  771         (d) The using entity reasonably compensates the titleholder
  772  for such use based upon an appropriate measure of value; and
  773         (e) The use is consistent with the public interest.
  774  
  775  A decision by the board of trustees pursuant to this section
  776  shall be given a presumption of correctness. Moneys received
  777  from the use of state lands pursuant to this section shall be
  778  returned to the lead managing entity in accordance with s.
  779  259.032(9)(c) the provisions of s. 259.032(11)(c).
  780         (11) Lands listed as projects for acquisition may be
  781  managed for conservation pursuant to s. 259.032, on an interim
  782  basis by a private party in anticipation of a state purchase in
  783  accordance with a contractual arrangement between the acquiring
  784  agency and the private party that may include management service
  785  contracts, leases, cost-share arrangements or resource
  786  conservation agreements. Lands designated as eligible under this
  787  subsection shall be managed to maintain or enhance the resources
  788  the state is seeking to protect by acquiring the land. Funding
  789  for these contractual arrangements may originate from the
  790  documentary stamp tax revenue deposited into the Land
  791  Acquisition Conservation and Recreation Lands Trust Fund and
  792  Water Management Lands Trust Fund. No more than $6.2 million may
  793  be expended from the Land Acquisition Trust Fund 5 percent of
  794  funds allocated under the trust funds shall be expended for this
  795  purpose.
  796         Section 17. Section 253.7824, Florida Statutes, is amended
  797  to read:
  798         253.7824 Sale of products; proceeds.—The department may
  799  authorize the removal and sale of products from the land where
  800  environmentally appropriate, the proceeds from which shall be
  801  deposited into the appropriate in the Land Acquisition trust
  802  fund pursuant to s. 253.034(6)(k), (l), or (m).
  803         Section 18. Subsection (1) of section 258.435, Florida
  804  Statutes, is amended to read:
  805         258.435 Use of aquatic preserves for the accommodation of
  806  visitors.—
  807         (1) The Department of Environmental Protection shall
  808  promote the public use of aquatic preserves and their associated
  809  uplands. The department may receive gifts and donations to carry
  810  out the purpose of this part. Moneys received in trust by the
  811  department by gift, devise, appropriation, or otherwise, subject
  812  to the terms of such trust, shall be deposited into the Grants
  813  and Donations Land Acquisition Trust Fund and appropriated to
  814  the department for the administration, development, improvement,
  815  promotion, and maintenance of aquatic preserves and their
  816  associated uplands and for any future acquisition or development
  817  of aquatic preserves and their associated uplands.
  818         Section 19. Section 259.032, Florida Statutes, is amended
  819  to read:
  820         259.032 Conservation and recreation lands Trust Fund;
  821  purpose.—
  822         (1) It is the policy of the state that the citizens of this
  823  state shall be assured public ownership of natural areas for
  824  purposes of maintaining this state’s unique natural resources;
  825  protecting air, land, and water quality; promoting water
  826  resource development to meet the needs of natural systems and
  827  citizens of this state; promoting restoration activities on
  828  public lands; and providing lands for natural resource based
  829  recreation. In recognition of this policy, it is the intent of
  830  the Legislature to provide such public lands for the people
  831  residing in urban and metropolitan areas of the state, as well
  832  as those residing in less populated, rural areas. It is the
  833  further intent of the Legislature, with regard to the lands
  834  described in paragraph (2)(c) (3)(c), that a high priority be
  835  given to the acquisition, restoration, and management of such
  836  lands in or near counties exhibiting the greatest concentration
  837  of population and, with regard to the lands described in
  838  subsection (2) (3), that a high priority be given to acquiring
  839  lands or rights or interests in lands that advance the goals and
  840  objectives of the Fish and Wildlife Conservation Commission’s
  841  approved species or habitat recovery plans, or lands within any
  842  area designated as an area of critical state concern under s.
  843  380.05 which, in the judgment of the advisory council
  844  established pursuant to s. 259.035, or its successor, cannot be
  845  adequately protected by application of land development
  846  regulations adopted pursuant to s. 380.05. Finally, it is the
  847  Legislature’s intent that lands acquired for conservation and
  848  recreation purposes through this program and any successor
  849  programs be managed in such a way as to protect or restore their
  850  natural resource values, and provide the greatest benefit,
  851  including public access, to the citizens of this state.
  852         (2)(a) The Conservation and Recreation Lands Trust Fund is
  853  established within the Department of Environmental Protection.
  854  The fund shall be used as a nonlapsing, revolving fund
  855  exclusively for the purposes of this section. The fund shall be
  856  credited with proceeds from the following excise taxes:
  857         1. The excise taxes on documents as provided in s. 201.15;
  858  and
  859         2. The excise tax on the severance of phosphate rock as
  860  provided in s. 211.3103.
  861  
  862  The Department of Revenue shall credit to the fund each month
  863  the proceeds from such taxes as provided in this paragraph.
  864         (b) There shall annually be transferred from the
  865  Conservation and Recreation Lands Trust Fund to the Land
  866  Acquisition Trust Fund that amount, not to exceed $20 million
  867  annually, as shall be necessary to pay the debt service on, or
  868  fund debt service reserve funds, rebate obligations, or other
  869  amounts with respect to bonds issued pursuant to s. 375.051 to
  870  acquire lands on the established priority list developed
  871  pursuant to ss. 259.101(4) and 259.105; however, no moneys
  872  transferred to the Land Acquisition Trust Fund pursuant to this
  873  paragraph, or earnings thereon, shall be used or made available
  874  to pay debt service on the Save Our Coast revenue bonds. Amounts
  875  transferred annually from the Conservation and Recreation Lands
  876  Trust Fund to the Land Acquisition Trust Fund pursuant to this
  877  paragraph shall have the highest priority over other payments or
  878  transfers from the Conservation and Recreation Lands Trust Fund,
  879  and no other payments or transfers shall be made from the
  880  Conservation and Recreation Lands Trust Fund until such
  881  transfers to the Land Acquisition Trust Fund have been made.
  882  Moneys in the Conservation and Recreation Lands Trust Fund also
  883  shall be used to manage lands and to pay for related costs,
  884  activities, and functions pursuant to the provisions of this
  885  section.
  886         (2)(3) The Governor and Cabinet, sitting as the Board of
  887  Trustees of the Internal Improvement Trust Fund, may expend
  888  allocate moneys appropriated by the Legislature from the fund in
  889  any one year to acquire the fee or any lesser interest in lands
  890  for the following public purposes:
  891         (a) To conserve and protect environmentally unique and
  892  irreplaceable lands that contain native, relatively unaltered
  893  flora and fauna representing a natural area unique to, or scarce
  894  within, a region of this state or a larger geographic area;
  895         (b) To conserve and protect lands within designated areas
  896  of critical state concern, if the proposed acquisition relates
  897  to the natural resource protection purposes of the designation;
  898         (c) To conserve and protect native species habitat or
  899  endangered or threatened species, emphasizing long-term
  900  protection for endangered or threatened species designated G-1
  901  or G-2 by the Florida Natural Areas Inventory, and especially
  902  those areas that are special locations for breeding and
  903  reproduction;
  904         (d) To conserve, protect, manage, or restore important
  905  ecosystems, landscapes, and forests, if the protection and
  906  conservation of such lands is necessary to enhance or protect
  907  significant surface water, groundwater, coastal, recreational,
  908  timber, or fish or wildlife resources which cannot otherwise be
  909  accomplished through local and state regulatory programs;
  910         (e) To promote water resource development that benefits
  911  natural systems and citizens of the state;
  912         (f) To facilitate the restoration and subsequent health and
  913  vitality of the Florida Everglades;
  914         (g) To provide areas, including recreational trails, for
  915  natural resource based recreation and other outdoor recreation
  916  on any part of any site compatible with conservation purposes;
  917         (h) To preserve significant archaeological or historic
  918  sites;
  919         (i) To conserve urban open spaces suitable for greenways or
  920  outdoor recreation which are compatible with conservation
  921  purposes; or
  922         (j) To preserve agricultural lands under threat of
  923  conversion to development through less-than-fee acquisitions.
  924         (3)(4) Lands acquired for conservation and recreation
  925  purposes under this section shall be for use as state-designated
  926  parks, recreation areas, preserves, reserves, historic or
  927  archaeological sites, geologic or botanical sites, recreational
  928  trails, forests, wilderness areas, wildlife management areas,
  929  urban open space, or other state-designated recreation or
  930  conservation lands; or they shall qualify for such state
  931  designation and use if they are to be managed by other
  932  governmental agencies or nonstate entities as provided for in
  933  this section.
  934         (4)(5) The board of trustees may expend appropriated funds
  935  allocate, in any year, an amount not to exceed 5 percent of the
  936  money credited to the fund in that year, such allocation to be
  937  used for the initiation and maintenance of a natural areas
  938  inventory to aid in the identification of areas to be acquired
  939  for conservation and recreation purposes pursuant to this
  940  section.
  941         (6) Moneys in the fund not needed to meet obligations
  942  incurred under this section shall be deposited with the Chief
  943  Financial Officer to the credit of the fund and may be invested
  944  in the manner provided by law. Interest received on such
  945  investments shall be credited to the Conservation and Recreation
  946  Lands Trust Fund.
  947         (5)(7) The board of trustees may enter into any contract
  948  necessary to accomplish the purposes of this section. The lead
  949  land managing agencies designated by the board of trustees also
  950  are directed by the Legislature to enter into contracts or
  951  interagency agreements with other governmental entities,
  952  including local soil and water conservation districts, or
  953  private land managers who have the expertise to perform specific
  954  management activities which a lead agency lacks, or which would
  955  cost more to provide in-house. Such activities shall include,
  956  but not be limited to, controlled burning, road and ditch
  957  maintenance, mowing, and wildlife assessments.
  958         (6)(8)Conservation and recreation lands to be considered
  959  for purchase under this section are subject to the selection
  960  procedures of s. 259.035 and related rules and shall be acquired
  961  in accordance with acquisition procedures for state lands
  962  provided for in s. 259.041, except as otherwise provided by the
  963  Legislature. An inholding or an addition to conservation and
  964  recreation lands a project selected for purchase pursuant to
  965  this chapter is not subject to the selection procedures of s.
  966  259.035 if the estimated value of such inholding or addition
  967  does not exceed $500,000. When at least 90 percent of the
  968  acreage of a project has been purchased for conservation and
  969  recreation purposes pursuant to this chapter, the project may be
  970  removed from the list and the remaining acreage may continue to
  971  be purchased. Funds appropriated to acquire conservation and
  972  recreation lands Moneys from the fund may be used for title
  973  work, appraisal fees, environmental audits, and survey costs
  974  related to acquisition expenses for lands to be acquired,
  975  donated, or exchanged which qualify under the categories of this
  976  section, at the discretion of the board. When the Legislature
  977  has authorized the Department of Environmental Protection to
  978  condemn a specific parcel of land and such parcel has already
  979  been approved for acquisition under this section, the land may
  980  be acquired in accordance with the provisions of chapter 73 or
  981  chapter 74, and the funds appropriated to acquire conservation
  982  and recreation lands fund may be used to pay the condemnation
  983  award and all costs, including a reasonable attorney’s fee,
  984  associated with condemnation.
  985         (7)(9) All lands managed under this chapter and s. 253.034
  986  shall be:
  987         (a) Managed in a manner that will provide the greatest
  988  combination of benefits to the public and to the resources.
  989         (b) Managed for public outdoor recreation which is
  990  compatible with the conservation and protection of public lands.
  991  Such management may include, but not be limited to, the
  992  following public recreational uses: fishing, hunting, camping,
  993  bicycling, hiking, nature study, swimming, boating, canoeing,
  994  horseback riding, diving, model hobbyist activities, birding,
  995  sailing, jogging, and other related outdoor activities
  996  compatible with the purposes for which the lands were acquired.
  997         (c) Managed for the purposes for which the lands were
  998  acquired, consistent with paragraph (9)(a) (11)(a).
  999         (d) Concurrent with its adoption of the annual Conservation
 1000  and Recreation Lands list of acquisition projects pursuant to s.
 1001  259.035, the board of trustees shall adopt a management
 1002  prospectus for each project. The management prospectus shall
 1003  delineate:
 1004         1. The management goals for the property;
 1005         2. The conditions that will affect the intensity of
 1006  management;
 1007         3. An estimate of the revenue-generating potential of the
 1008  property, if appropriate;
 1009         4. A timetable for implementing the various stages of
 1010  management and for providing access to the public, if
 1011  applicable;
 1012         5. A description of potential multiple-use activities as
 1013  described in this section and s. 253.034;
 1014         6. Provisions for protecting existing infrastructure and
 1015  for ensuring the security of the project upon acquisition;
 1016         7. The anticipated costs of management and projected
 1017  sources of revenue, including legislative appropriations, to
 1018  fund management needs; and
 1019         8. Recommendations as to how many employees will be needed
 1020  to manage the property, and recommendations as to whether local
 1021  governments, volunteer groups, the former landowner, or other
 1022  interested parties can be involved in the management.
 1023         (e) Concurrent with the approval of the acquisition
 1024  contract pursuant to s. 259.041(3)(c) for any interest in lands
 1025  except those lands being acquired under the provisions of s.
 1026  259.1052, the board of trustees shall designate an agency or
 1027  agencies to manage such lands. The board shall evaluate and
 1028  amend, as appropriate, the management policy statement for the
 1029  project as provided by s. 259.035, consistent with the purposes
 1030  for which the lands are acquired. For any fee simple acquisition
 1031  of a parcel which is or will be leased back for agricultural
 1032  purposes, or any acquisition of a less-than-fee interest in land
 1033  that is or will be used for agricultural purposes, the Board of
 1034  Trustees of the Internal Improvement Trust Fund shall first
 1035  consider having a soil and water conservation district, created
 1036  pursuant to chapter 582, manage and monitor such interests.
 1037         (f) State agencies designated to manage lands acquired
 1038  under this chapter or with funds deposited into the Land
 1039  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1040  Constitution, except those lands acquired under s. 259.1052, may
 1041  contract with local governments and soil and water conservation
 1042  districts to assist in management activities, including the
 1043  responsibility of being the lead land manager. Such land
 1044  management contracts may include a provision for the transfer of
 1045  management funding to the local government or soil and water
 1046  conservation district from the land acquisition Conservation and
 1047  Recreation Lands trust fund of the lead land managing agency in
 1048  an amount adequate for the local government or soil and water
 1049  conservation district to perform its contractual land management
 1050  responsibilities and proportionate to its responsibilities, and
 1051  which otherwise would have been expended by the state agency to
 1052  manage the property.
 1053         (g) Immediately following the acquisition of any interest
 1054  in conservation and recreation lands under this chapter, the
 1055  Department of Environmental Protection, acting on behalf of the
 1056  board of trustees, may issue to the lead managing entity an
 1057  interim assignment letter to be effective until the execution of
 1058  a formal lease.
 1059         (8)(10)(a) State, regional, or local governmental agencies
 1060  or private entities designated to manage lands under this
 1061  section shall develop and adopt, with the approval of the board
 1062  of trustees, an individual management plan for each project
 1063  designed to conserve and protect such lands and their associated
 1064  natural resources. Private sector involvement in management plan
 1065  development may be used to expedite the planning process.
 1066         (b) Individual management plans required by s. 253.034(5),
 1067  for parcels over 160 acres, shall be developed with input from
 1068  an advisory group. Members of this advisory group shall include,
 1069  at a minimum, representatives of the lead land managing agency,
 1070  comanaging entities, local private property owners, the
 1071  appropriate soil and water conservation district, a local
 1072  conservation organization, and a local elected official. The
 1073  advisory group shall conduct at least one public hearing within
 1074  the county in which the parcel or project is located. For those
 1075  parcels or projects that are within more than one county, at
 1076  least one areawide public hearing shall be acceptable and the
 1077  lead managing agency shall invite a local elected official from
 1078  each county. The areawide public hearing shall be held in the
 1079  county in which the core parcels are located. Notice of such
 1080  public hearing shall be posted on the parcel or project
 1081  designated for management, advertised in a paper of general
 1082  circulation, and announced at a scheduled meeting of the local
 1083  governing body before the actual public hearing. The management
 1084  prospectus required pursuant to paragraph (7)(d) (9)(d) shall be
 1085  available to the public for a period of 30 days prior to the
 1086  public hearing.
 1087         (c) Once a plan is adopted, the managing agency or entity
 1088  shall update the plan at least every 10 years in a form and
 1089  manner prescribed by rule of the board of trustees. Such
 1090  updates, for parcels over 160 acres, shall be developed with
 1091  input from an advisory group. Such plans may include transfers
 1092  of leasehold interests to appropriate conservation organizations
 1093  or governmental entities designated by the Land Acquisition and
 1094  Management Advisory Council or its successor, for uses
 1095  consistent with the purposes of the organizations and the
 1096  protection, preservation, conservation, restoration, and proper
 1097  management of the lands and their resources. Volunteer
 1098  management assistance is encouraged, including, but not limited
 1099  to, assistance by youths participating in programs sponsored by
 1100  state or local agencies, by volunteers sponsored by
 1101  environmental or civic organizations, and by individuals
 1102  participating in programs for committed delinquents and adults.
 1103         (d)1. For each project for which lands are acquired after
 1104  July 1, 1995, an individual management plan shall be adopted and
 1105  in place no later than 1 year after the essential parcel or
 1106  parcels identified in the priority list developed pursuant to s.
 1107  259.105 ss. 259.101(4) and 259.105 have been acquired. The
 1108  Department of Environmental Protection shall distribute only 75
 1109  percent of the acquisition funds to which a budget entity or
 1110  water management district would otherwise be entitled from the
 1111  Preservation 2000 Trust Fund to any budget entity or any water
 1112  management district that has more than one-third of its
 1113  management plans overdue.
 1114         2. The requirements of subparagraph 1. do not apply to the
 1115  individual management plan for the Babcock Crescent B Ranch
 1116  being acquired pursuant to s. 259.1052. The management plan for
 1117  the ranch shall be adopted and in place no later than 2 years
 1118  following the date of acquisition by the state.
 1119         (e) Individual management plans shall conform to the
 1120  appropriate policies and guidelines of the state land management
 1121  plan and shall include, but not be limited to:
 1122         1. A statement of the purpose for which the lands were
 1123  acquired, the projected use or uses as defined in s. 253.034,
 1124  and the statutory authority for such use or uses.
 1125         2. Key management activities necessary to achieve the
 1126  desired outcomes, including, but not limited to, providing
 1127  public access, preserving and protecting natural resources,
 1128  protecting cultural and historical resources, restoring habitat,
 1129  protecting threatened and endangered species, controlling the
 1130  spread of nonnative plants and animals, performing prescribed
 1131  fire activities, and other appropriate resource management.
 1132         3. A specific description of how the managing agency plans
 1133  to identify, locate, protect, and preserve, or otherwise use
 1134  fragile, nonrenewable natural and cultural resources.
 1135         4. A priority schedule for conducting management
 1136  activities, based on the purposes for which the lands were
 1137  acquired.
 1138         5. A cost estimate for conducting priority management
 1139  activities, to include recommendations for cost-effective
 1140  methods of accomplishing those activities.
 1141         6. A cost estimate for conducting other management
 1142  activities which would enhance the natural resource value or
 1143  public recreation value for which the lands were acquired. The
 1144  cost estimate shall include recommendations for cost-effective
 1145  methods of accomplishing those activities.
 1146         7. A determination of the public uses and public access
 1147  that would be consistent with the purposes for which the lands
 1148  were acquired.
 1149         (f) The Division of State Lands shall submit a copy of each
 1150  individual management plan for parcels which exceed 160 acres in
 1151  size to each member of the Acquisition and Restoration Council,
 1152  which shall:
 1153         1. Within 60 days after receiving a plan from the division,
 1154  review each plan for compliance with the requirements of this
 1155  subsection and with the requirements of the rules established by
 1156  the board pursuant to this subsection.
 1157         2. Consider the propriety of the recommendations of the
 1158  managing agency with regard to the future use or protection of
 1159  the property.
 1160         3. After its review, submit the plan, along with its
 1161  recommendations and comments, to the board of trustees, with
 1162  recommendations as to whether to approve the plan as submitted,
 1163  approve the plan with modifications, or reject the plan.
 1164         (g) The board of trustees shall consider the individual
 1165  management plan submitted by each state agency and the
 1166  recommendations of the Acquisition and Restoration Council and
 1167  the Division of State Lands and shall approve the plan with or
 1168  without modification or reject such plan. The use or possession
 1169  of any lands owned by the board of trustees which is not in
 1170  accordance with an approved individual management plan is
 1171  subject to termination by the board of trustees.
 1172  
 1173  By July 1 of each year, each governmental agency and each
 1174  private entity designated to manage lands shall report to the
 1175  Secretary of Environmental Protection on the progress of
 1176  funding, staffing, and resource management of every project for
 1177  which the agency or entity is responsible.
 1178         (9)(11)(a) The Legislature recognizes that acquiring lands
 1179  pursuant to this chapter serves the public interest by
 1180  protecting land, air, and water resources which contribute to
 1181  the public health and welfare, providing areas for natural
 1182  resource based recreation, and ensuring the survival of unique
 1183  and irreplaceable plant and animal species. The Legislature
 1184  intends for these lands to be managed and maintained for the
 1185  purposes for which they were acquired and for the public to have
 1186  access to and use of these lands where it is consistent with
 1187  acquisition purposes and would not harm the resources the state
 1188  is seeking to protect on the public’s behalf.
 1189         (b) An amount of not less than 1.5 percent of the
 1190  cumulative total of funds ever deposited into the Florida
 1191  Preservation 2000 Trust Fund and the Florida Forever Trust Fund
 1192  shall be made available for the purposes of management,
 1193  maintenance, and capital improvements not eligible for funding
 1194  pursuant to s. 11(e), Art. VII of the State Constitution, and
 1195  for associated contractual services, for conservation and
 1196  recreation lands acquired with funds deposited into the Land
 1197  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1198  Constitution or pursuant to former s. 259.032, Florida Statutes
 1199  2014 this section, former s. 259.101, Florida Statutes 2014, s.
 1200  259.105, s. 259.1052, or previous programs for the acquisition
 1201  of lands for conservation and recreation, including state
 1202  forests, to which title is vested in the board of trustees and
 1203  other conservation and recreation lands managed by a state
 1204  agency. Of this amount, $250,000 shall be transferred annually
 1205  to the Plant Industry Trust Fund within the Department of
 1206  Agriculture and Consumer Services for the purpose of
 1207  implementing the Endangered or Threatened Native Flora
 1208  Conservation Grants Program pursuant to s. 581.185(11). Each
 1209  agency with management responsibilities shall annually request
 1210  from the Legislature funds sufficient to fulfill such
 1211  responsibilities to implement individual management plans. For
 1212  the purposes of this paragraph, capital improvements shall
 1213  include, but need not be limited to, perimeter fencing, signs,
 1214  firelanes, access roads and trails, and minimal public
 1215  accommodations, such as primitive campsites, garbage
 1216  receptacles, and toilets. Any equipment purchased with funds
 1217  provided pursuant to this paragraph may be used for the purposes
 1218  described in this paragraph on any conservation and recreation
 1219  lands managed by a state agency. The funding requirement created
 1220  in this paragraph is subject to an annual evaluation by the
 1221  Legislature in order to ensure that such requirement does not
 1222  impact the respective trust fund in a manner that would prevent
 1223  the trust fund from meeting other minimum requirements.
 1224         (c) All revenues generated through multiple-use management
 1225  or compatible secondary-use management shall be returned to the
 1226  lead agency responsible for such management and shall be used to
 1227  pay for management activities on all conservation, preservation,
 1228  and recreation lands under the agency’s jurisdiction. In
 1229  addition, such revenues shall be segregated in an agency trust
 1230  fund and shall remain available to the agency in subsequent
 1231  fiscal years to support land management appropriations. For the
 1232  purposes of this paragraph, compatible secondary-use management
 1233  shall be those activities described in subsection (7) (9)
 1234  undertaken on parcels designated as single use pursuant to s.
 1235  253.034(2)(b).
 1236         (d) Up to one-fifth of the funds appropriated for the
 1237  purposes identified provided for in paragraph (b) shall be
 1238  reserved by the board of trustees for interim management of
 1239  acquisitions and for associated contractual services, to ensure
 1240  the conservation and protection of natural resources on project
 1241  sites and to allow limited public recreational use of lands.
 1242  Interim management activities may include, but not be limited
 1243  to, resource assessments, control of invasive, nonnative
 1244  species, habitat restoration, fencing, law enforcement,
 1245  controlled burning, and public access consistent with
 1246  preliminary determinations made pursuant to paragraph (7)(g)
 1247  (9)(g). The board of trustees shall make these interim funds
 1248  available immediately upon purchase.
 1249         (e) The department shall set long-range and annual goals
 1250  for the control and removal of nonnative, invasive plant species
 1251  on public lands. Such goals shall differentiate between aquatic
 1252  plant species and upland plant species. In setting such goals,
 1253  the department may rank, in order of adverse impact, species
 1254  that impede or destroy the functioning of natural systems.
 1255  Notwithstanding paragraph (a), up to one-fourth of the funds
 1256  provided for in paragraph (b) may be used by the agencies
 1257  receiving those funds for control and removal of nonnative,
 1258  invasive species on public lands.
 1259         (f) For the 2014-2015 fiscal year only, moneys in the
 1260  Conservation and Recreation Lands Trust Fund may be transferred
 1261  to the Florida Forever Trust Fund for the Florida Forever
 1262  program and to the Save Our Everglades Trust Fund to support
 1263  Everglades restoration projects included in the final report of
 1264  the Select Committee on Indian River Lagoon and Lake Okeechobee
 1265  Basin, dated November 8, 2013, pursuant to nonoperating budget
 1266  authority under s. 216.181(12). This subsection expires July 1,
 1267  2015.
 1268         (10)(12)(a) Beginning July 1, 1999, The Legislature may
 1269  expend shall make available sufficient funds annually from an
 1270  appropriate the Conservation and Recreation Lands trust fund to
 1271  the department for payment in lieu of taxes to qualifying
 1272  counties and local governments as defined in paragraph (b) for
 1273  all actual tax losses incurred as a result of board of trustees
 1274  acquisitions for state agencies under the Florida Forever
 1275  program or the former Florida Preservation 2000 program during
 1276  any year. Reserved funds not used for payments in lieu of taxes
 1277  in any year shall revert to the fund to be used for land
 1278  management in accordance with the provisions of this section.
 1279         (b) Payment in lieu of taxes shall be available:
 1280         1. To all counties that have a population of 150,000 or
 1281  fewer. Population levels shall be determined pursuant to s.
 1282  11.031.
 1283         2. To all local governments located in eligible counties.
 1284         3. To Glades County, where a privately owned and operated
 1285  prison leased to the state has recently been opened and where
 1286  privately owned and operated juvenile justice facilities leased
 1287  to the state have recently been constructed and opened, a
 1288  payment in lieu of taxes, in an amount that offsets the loss of
 1289  property tax revenue, which funds have already been appropriated
 1290  and allocated from the Department of Correction’s budget for the
 1291  purpose of reimbursing amounts equal to lost ad valorem taxes.
 1292         (c) If insufficient funds are available in any year to make
 1293  full payments to all qualifying counties and local governments,
 1294  such counties and local governments shall receive a pro rata
 1295  share of the moneys available.
 1296         (d) The payment amount shall be based on the average amount
 1297  of actual taxes paid on the property for the 3 years preceding
 1298  acquisition. Applications for payment in lieu of taxes shall be
 1299  made no later than January 31 of the year following acquisition.
 1300  No payment in lieu of taxes shall be made for properties which
 1301  were exempt from ad valorem taxation for the year immediately
 1302  preceding acquisition.
 1303         (e) If property which was subject to ad valorem taxation
 1304  was acquired by a tax-exempt entity for ultimate conveyance to
 1305  the state under this chapter, payment in lieu of taxes shall be
 1306  made for such property based upon the average amount of taxes
 1307  paid on the property for the 3 years prior to its being removed
 1308  from the tax rolls. The department shall certify to the
 1309  Department of Revenue those properties that may be eligible
 1310  under this provision. Once eligibility has been established,
 1311  that county or local government shall receive annual payments
 1312  for each tax loss until the qualifying county or local
 1313  government exceeds the population threshold pursuant to this
 1314  section.
 1315         (f) Payment in lieu of taxes pursuant to this subsection
 1316  shall be made annually to qualifying counties and local
 1317  governments after certification by the Department of Revenue
 1318  that the amounts applied for are reasonably appropriate, based
 1319  on the amount of actual taxes paid on the eligible property.
 1320  With the assistance of the local government requesting payment
 1321  in lieu of taxes, the state agency that acquired the land is
 1322  responsible for preparing and submitting application requests
 1323  for payment to the Department of Revenue for certification.
 1324         (g) If the board of trustees conveys to a local government
 1325  title to any land owned by the board, any payments in lieu of
 1326  taxes on the land made to the local government shall be
 1327  discontinued as of the date of the conveyance.
 1328  
 1329  For the purposes of this subsection, “local government” includes
 1330  municipalities, the county school board, mosquito control
 1331  districts, and any other local government entity which levies ad
 1332  valorem taxes, with the exception of a water management
 1333  district.
 1334         (13) Moneys credited to the fund each year which are not
 1335  used for management, maintenance, or capital improvements
 1336  pursuant to subsection (11); for payment in lieu of taxes
 1337  pursuant to subsection (12); or for the purposes of subsection
 1338  (5), shall be available for the acquisition of land pursuant to
 1339  this section.
 1340         (11)(14) The board of trustees may adopt rules to further
 1341  define the categories of land for acquisition under this
 1342  chapter.
 1343         (12)(15) Within 90 days after receiving a certified letter
 1344  from the owner of a property on the Conservation and Recreation
 1345  Lands list or the priority list established pursuant to s.
 1346  259.105 objecting to the property being included in an
 1347  acquisition project, where such property is a project or part of
 1348  a project which has not been listed for purchase in the current
 1349  year’s land acquisition work plan, the board of trustees shall
 1350  delete the property from the list or from the boundary of an
 1351  acquisition project on the list.
 1352         Section 20. Subsections (3), (4), and (6) of section
 1353  259.035, Florida Statutes, are amended to read:
 1354         259.035 Acquisition and Restoration Council.—
 1355         (3) The council shall provide assistance to the board of
 1356  trustees in reviewing the recommendations and plans for state
 1357  owned lands required under s. 253.034 and chapter 259 ss.
 1358  253.034 and 259.032. The council shall, in reviewing such
 1359  recommendations and plans, consider the optimization of
 1360  multiple-use and conservation strategies to accomplish the
 1361  provisions funded pursuant to former s. 259.101(3)(a), Florida
 1362  Statutes 2014, and to s. 259.105(3)(b) ss. 259.101(3)(a) and
 1363  259.105(3)(b).
 1364         (4)(a) The council may use existing rules adopted by the
 1365  board of trustees, until it develops and recommends amendments
 1366  to those rules, to competitively evaluate, select, and rank
 1367  projects eligible for the Conservation and Recreation Lands list
 1368  pursuant to ss. 259.032(3) and 259.101(4).
 1369         (a)(b) By January 1, 2017 December 1, 2009, the Acquisition
 1370  and Restoration Council shall develop rules defining specific
 1371  criteria and numeric performance measures needed for lands that
 1372  are to be acquired for public purpose with funds deposited into
 1373  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 1374  the State Constitution under the Florida Forever program
 1375  pursuant to s. 259.105. Each recipient of Florida Forever funds
 1376  shall assist the council in the development of such rules. These
 1377  rules shall be reviewed and adopted by the board, then submitted
 1378  to the Legislature for consideration by February 1, 2017 2010.
 1379  The Legislature may reject, modify, or take no action relative
 1380  to the proposed rules. If no action is taken, the rules shall be
 1381  implemented. Subsequent to their approval, each recipient of
 1382  Florida Forever funds from the Land Acquisition Trust Fund shall
 1383  annually report to the Division of State Lands on each of the
 1384  numeric performance measures accomplished during the previous
 1385  fiscal year.
 1386         (b)(c) In developing or amending rules, the council shall
 1387  give weight to the criteria included in s. 259.105(10). The
 1388  board of trustees shall review the recommendations and shall
 1389  adopt rules necessary to administer this section.
 1390         (6) The proposal for a project pursuant to this section or
 1391  s. 259.105(3)(b) may be implemented only if adopted by the
 1392  council and approved by the board of trustees. The council shall
 1393  consider and evaluate in writing the merits and demerits of each
 1394  project that is proposed for acquisition using funds available
 1395  pursuant to s. 28, Art. X of the State Constitution Conservation
 1396  and Recreation Lands, Florida Preservation 2000, or Florida
 1397  Forever funding and shall ensure that each proposed project
 1398  meets the requirements of s. 28, Art. X of the State
 1399  Constitution will meet a stated public purpose for the
 1400  restoration, conservation, or preservation of environmentally
 1401  sensitive lands and water areas or for providing outdoor
 1402  recreational opportunities. The council also shall determine
 1403  whether the project conforms, where applicable, with the
 1404  comprehensive plan developed pursuant to s. 259.04(1)(a), the
 1405  comprehensive multipurpose outdoor recreation plan developed
 1406  pursuant to s. 375.021, the state lands management plan adopted
 1407  pursuant to s. 253.03(7), the water resources work plans
 1408  developed pursuant to s. 373.199, and the provisions of s.
 1409  259.032, s. 259.101, or s. 259.105, whichever is applicable.
 1410         Section 21. Subsection (4) of section 259.036, Florida
 1411  Statutes, is amended to read:
 1412         259.036 Management review teams.—
 1413         (4) In the event a land management plan has not been
 1414  adopted within the timeframes specified in s. 259.032(8) s.
 1415  259.032(10), the department may direct a management review of
 1416  the property, to be conducted by the land management review
 1417  team. The review shall consider the extent to which the land is
 1418  being managed for the purposes for which it was acquired and the
 1419  degree to which actual management practices are in compliance
 1420  with the management policy statement and management prospectus
 1421  for that property.
 1422         Section 22. Paragraph (b) of subsection (3) of section
 1423  259.037, Florida Statutes, is amended to read:
 1424         259.037 Land Management Uniform Accounting Council.—
 1425         (3)
 1426         (b) Each reporting agency shall also:
 1427         1. Include a report of the available public use
 1428  opportunities for each management unit of state land, the total
 1429  management cost for public access and public use, and the cost
 1430  associated with each use option.
 1431         2. List the acres of land requiring minimal management
 1432  effort, moderate management effort, and significant management
 1433  effort pursuant to s. 259.032(9)(c) former s. 259.032(11)(c).
 1434  For each category created in paragraph (a), the reporting agency
 1435  shall include the amount of funds requested, the amount of funds
 1436  received, and the amount of funds expended for land management.
 1437         3. List acres managed and cost of management for each park,
 1438  preserve, forest, reserve, or management area.
 1439         4. List acres managed, cost of management, and lead manager
 1440  for each state lands management unit for which secondary
 1441  management activities were provided.
 1442         5. Include a report of the estimated calculable financial
 1443  benefits to the public for the ecosystem services provided by
 1444  conservation lands, based on the best readily available
 1445  information or science that provides a standard measurement
 1446  methodology to be consistently applied by the land managing
 1447  agencies. Such information may include, but need not be limited
 1448  to, the value of natural lands for protecting the quality and
 1449  quantity of drinking water through natural water filtration and
 1450  recharge, contributions to protecting and improving air quality,
 1451  benefits to agriculture through increased soil productivity and
 1452  preservation of biodiversity, and savings to property and lives
 1453  through flood control.
 1454         Section 23. Subsection (1) of section 259.04, Florida
 1455  Statutes, is amended to read:
 1456         259.04 Board; powers and duties.—
 1457         (1) For projects and acquisitions selected for purchase
 1458  pursuant to ss. 259.035, 259.101, and 259.105:
 1459         (a) The board is given the responsibility, authority, and
 1460  power to develop and execute a comprehensive, statewide 5-year
 1461  plan to conserve, restore, and protect environmentally
 1462  endangered lands, ecosystems, lands necessary for outdoor
 1463  recreational needs, and other lands as identified in ss.
 1464  259.032, 259.101, and 259.105. This plan shall be kept current
 1465  through continual reevaluation and revision. The advisory
 1466  council or its successor shall assist the board in the
 1467  development, reevaluation, and revision of the plan.
 1468         (b) The board may enter into contracts with the government
 1469  of the United States or any agency or instrumentality thereof;
 1470  the state or any county, municipality, district authority, or
 1471  political subdivision; or any private corporation, partnership,
 1472  association, or person providing for or relating to the
 1473  conservation or protection of certain lands in accomplishing the
 1474  purposes of this chapter.
 1475         (c) Within 45 days after the advisory council or its
 1476  successor submits the lists of projects to the board, the board
 1477  shall approve, in whole or in part, the lists of projects in the
 1478  order of priority in which such projects are presented. To the
 1479  greatest extent practicable, projects on the lists shall be
 1480  acquired in their approved order of priority.
 1481         (d) The board is authorized to acquire, by purchase, gift,
 1482  or devise or otherwise, the fee title or any lesser interest of
 1483  lands, water areas, and related resources for environmentally
 1484  endangered lands.
 1485         Section 24. Paragraphs (a) and (b) of subsection (11) and
 1486  subsection (15) of section 259.041, Florida Statutes, are
 1487  amended to read:
 1488         259.041 Acquisition of state-owned lands for preservation,
 1489  conservation, and recreation purposes.—
 1490         (11)(a) The Legislature finds that, with the increasing
 1491  pressures on the natural areas of this state and on open space
 1492  suitable for recreational use, the state must develop creative
 1493  techniques to maximize the use of acquisition and management
 1494  funds. The Legislature also finds that the state’s conservation
 1495  and recreational land acquisition agencies should be encouraged
 1496  to augment their traditional, fee simple acquisition programs
 1497  with the use of alternatives to fee simple acquisition
 1498  techniques. Additionally, the Legislature finds that generations
 1499  of private landowners have been good stewards of their land,
 1500  protecting or restoring native habitats and ecosystems to the
 1501  benefit of the natural resources of this state, its heritage,
 1502  and its citizens. The Legislature also finds that using
 1503  alternatives to fee simple acquisition by public land
 1504  acquisition agencies will achieve the following public policy
 1505  goals:
 1506         1. Allow more lands to be brought under public protection
 1507  for preservation, conservation, and recreational purposes with
 1508  less expenditure of public funds.
 1509         2. Retain, on local government tax rolls, some portion of
 1510  or interest in lands which are under public protection.
 1511         3. Reduce long-term management costs by allowing private
 1512  property owners to continue acting as stewards of their land,
 1513  where appropriate.
 1514  
 1515  Therefore, it is the intent of the Legislature that public land
 1516  acquisition agencies develop programs to pursue alternatives to
 1517  fee simple acquisition and to educate private landowners about
 1518  such alternatives and the benefits of such alternatives. It is
 1519  also the intent of the Legislature that a portion of the shares
 1520  of Preservation 2000 and Florida Forever bond proceeds be used
 1521  to purchase eligible properties using alternatives to fee simple
 1522  acquisition.
 1523         (b) All project applications shall identify, within their
 1524  acquisition plans, projects that require a full fee simple
 1525  interest to achieve the public policy goals, together with the
 1526  reasons full title is determined to be necessary. The state
 1527  agencies and the water management districts may use alternatives
 1528  to fee simple acquisition to bring the remaining projects in
 1529  their acquisition plans under public protection. For the
 1530  purposes of this subsection, the term “alternatives to fee
 1531  simple acquisition” includes, but is not limited to: purchase of
 1532  development rights; obtaining conservation easements; obtaining
 1533  flowage easements; purchase of timber rights, mineral rights, or
 1534  hunting rights; purchase of agricultural interests or
 1535  silvicultural interests; entering into land protection
 1536  agreements as defined in s. 380.0677(3); fee simple acquisitions
 1537  with reservations; creating life estates; or any other
 1538  acquisition technique that achieves the public policy goals
 1539  listed in paragraph (a). It is presumed that a private landowner
 1540  retains the full range of uses for all the rights or interests
 1541  in the landowner’s land which are not specifically acquired by
 1542  the public agency. The lands upon which hunting rights are
 1543  specifically acquired pursuant to this paragraph shall be
 1544  available for hunting in accordance with the management plan or
 1545  hunting regulations adopted by the Florida Fish and Wildlife
 1546  Conservation Commission, unless the hunting rights are purchased
 1547  specifically to protect activities on adjacent lands.
 1548         (15) The board of trustees, by an affirmative vote of at
 1549  least three of its members, may direct the department to
 1550  purchase lands on an immediate basis using up to 15 percent of
 1551  the funds allocated to the department pursuant to s. 259.105 ss.
 1552  259.101(3)(a) and 259.105 for the acquisition of lands that:
 1553         (a) Are listed or placed at auction by the Federal
 1554  Government as part of the Resolution Trust Corporation sale of
 1555  lands from failed savings and loan associations;
 1556         (b) Are listed or placed at auction by the Federal
 1557  Government as part of the Federal Deposit Insurance Corporation
 1558  sale of lands from failed banks; or
 1559         (c) Will be developed or otherwise lost to potential public
 1560  ownership, or for which federal matching funds will be lost, by
 1561  the time the land can be purchased under the program within
 1562  which the land is listed for acquisition.
 1563  
 1564  For such acquisitions, the board of trustees may waive or modify
 1565  all procedures required for land acquisition pursuant to this
 1566  chapter and all competitive bid procedures required pursuant to
 1567  chapters 255 and 287. Lands acquired pursuant to this subsection
 1568  must, at the time of purchase, be on one of the acquisition
 1569  lists established pursuant to this chapter, or be essential for
 1570  water resource development, protection, or restoration, or a
 1571  significant portion of the lands must contain natural
 1572  communities or plant or animal species that which are listed by
 1573  the Florida Natural Areas Inventory as critically imperiled,
 1574  imperiled, or rare, or as excellent quality occurrences of
 1575  natural communities.
 1576         Section 25. Section 259.101, Florida Statutes, is amended
 1577  to read:
 1578         259.101 Florida Preservation 2000 Act.—
 1579         (1) SHORT TITLE.—This section may be cited as the “Florida
 1580  Preservation 2000 Act.”
 1581         (2) LEGISLATIVE FINDINGS.—The Legislature finds and
 1582  declares that:
 1583         (a) The alteration and development of Florida’s natural
 1584  areas to accommodate its rapidly growing population have
 1585  contributed to the degradation of water resources, the
 1586  fragmentation and destruction of wildlife habitats, the loss of
 1587  recreation space, and the diminishment of wetlands and forests.
 1588         (b) Imminent development of Florida’s remaining natural
 1589  areas and continuing increases in land values necessitate an
 1590  aggressive program of public land acquisition during the next
 1591  decade to preserve the quality of life that attracts so many
 1592  people to Florida.
 1593         (c) Acquisition of public lands, in fee simple or in any
 1594  lesser interest, should be based on a comprehensive assessment
 1595  of Florida’s natural resources and planned so as to protect the
 1596  integrity of ecological systems and to provide multiple
 1597  benefits, including preservation of fish and wildlife habitat,
 1598  recreation space, and water recharge areas. Governmental
 1599  agencies responsible for public land acquisition should work
 1600  together to purchase lands jointly and to coordinate individual
 1601  purchases within ecological systems.
 1602         (d) One of the purposes of the Florida Communities Trust
 1603  program is to acquire, protect, and preserve open space and
 1604  recreation properties within urban areas where pristine animal
 1605  and plant communities no longer exist. These areas are often
 1606  overlooked in other programs because of their smaller size and
 1607  proximity to developed property. These smaller parcels are,
 1608  however, critically important to the quality of life in these
 1609  urban areas for the residents who live there as well as to the
 1610  many visitors to the state. The trust shall consider projects
 1611  submitted by local governments which further the goals,
 1612  objectives, and policies of the conservation, recreation and
 1613  open space, or coastal elements of their local comprehensive
 1614  plans or which serve to conserve natural resources or resolve
 1615  land use conflicts.
 1616         (e) South Florida’s water supply and unique natural
 1617  environment depend on the protection of lands buffering the East
 1618  Everglades and the Everglades water conservation areas.
 1619  
 1620  In addition, the Legislature recognizes the conflicting desires
 1621  of the citizens of this state to prosper through economic
 1622  development and to preserve the natural areas of Florida that
 1623  development threatens to claim. The Legislature further
 1624  recognizes the urgency of acquiring natural areas in the state
 1625  for preservation, yet acknowledges the difficulty of ensuring
 1626  adequate funding for accelerated acquisition in light of other
 1627  equally critical financial needs of the state. It is the
 1628  Legislature’s desire and intent to fund the implementation of
 1629  the Florida Preservation 2000 Act for each of the 10 years of
 1630  the program’s duration and to do so in a fiscally responsible
 1631  manner.
 1632         (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION
 1633  2000 BONDS LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the
 1634  costs of issuance, the costs of funding reserve accounts, and
 1635  other costs with respect to the bonds, the proceeds of bonds
 1636  issued pursuant to this act shall be deposited into the Florida
 1637  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1638  year 2000-2001, for each Florida Preservation 2000 program
 1639  described in paragraphs (a)-(g), that portion of each program’s
 1640  total remaining cash balance which, as of June 30, 2000, is in
 1641  excess of that program’s total remaining appropriation balances
 1642  shall be redistributed by the department and deposited into the
 1643  Save Our Everglades Trust Fund for land acquisition. For
 1644  purposes of calculating the total remaining cash balances for
 1645  this redistribution, the Florida Preservation 2000 Series 2000
 1646  bond proceeds, including interest thereon, and the fiscal year
 1647  1999-2000 General Appropriations Act amounts shall be deducted
 1648  from the remaining cash and appropriation balances,
 1649  respectively. The remaining proceeds shall be distributed by the
 1650  Department of Environmental Protection in the following manner:
 1651         (a) Fifty percent to the Department of Environmental
 1652  Protection for the purchase of public lands as described in s.
 1653  259.032. Of this 50 percent, at least one-fifth shall be used
 1654  for the acquisition of coastal lands.
 1655         (b) Thirty percent to the Department of Environmental
 1656  Protection for the purchase of water management lands pursuant
 1657  to s. 373.59, to be distributed among the water management
 1658  districts as provided in that section. Funds received by each
 1659  district may also be used for acquisition of lands necessary to
 1660  implement surface water improvement and management plans or for
 1661  acquisition of lands necessary to implement the Everglades
 1662  Construction Project authorized by s. 373.4592.
 1663         (c) Ten percent to the Department of Environmental
 1664  Protection to provide land acquisition grants and loans to local
 1665  governments through the Florida Communities Trust pursuant to
 1666  part III of chapter 380. From funds allocated to the trust, $3
 1667  million annually shall be used by the Division of State Lands
 1668  within the Department of Environmental Protection to implement
 1669  the Green Swamp Land Protection Initiative specifically for the
 1670  purchase of conservation easements, as defined in s.
 1671  380.0677(3), of lands, or severable interests or rights in
 1672  lands, in the Green Swamp Area of Critical State Concern. From
 1673  funds allocated to the trust, $3 million annually shall be used
 1674  by the Monroe County Comprehensive Plan Land Authority
 1675  specifically for the purchase of a real property interest in
 1676  those lands subject to the Rate of Growth Ordinances adopted by
 1677  local governments in Monroe County or those lands within the
 1678  boundary of an approved Conservation and Recreation Lands
 1679  project located within the Florida Keys or Key West Areas of
 1680  Critical State Concern; however, title to lands acquired within
 1681  the boundary of an approved Conservation and Recreation Lands
 1682  project may, in accordance with an approved joint acquisition
 1683  agreement, vest in the Board of Trustees of the Internal
 1684  Improvement Trust Fund. Of the remaining funds, one-half shall
 1685  be matched by local governments on a dollar-for-dollar basis. To
 1686  the extent allowed by federal requirements for the use of bond
 1687  proceeds, the trust shall expend Preservation 2000 funds to
 1688  carry out the purposes of part III of chapter 380.
 1689         (d) Two and nine-tenths percent to the Department of
 1690  Environmental Protection for the purchase of inholdings and
 1691  additions to state parks. For the purposes of this paragraph,
 1692  “state park” means all real property in the state under the
 1693  jurisdiction of the Division of Recreation and Parks of the
 1694  department, or which may come under its jurisdiction.
 1695         (e) Two and nine-tenths percent to the Florida Forest
 1696  Service of the Department of Agriculture and Consumer Services
 1697  to fund the acquisition of state forest inholdings and additions
 1698  pursuant to s. 589.07.
 1699         (f) Two and nine-tenths percent to the Fish and Wildlife
 1700  Conservation Commission to fund the acquisition of inholdings
 1701  and additions to lands managed by the commission which are
 1702  important to the conservation of fish and wildlife.
 1703         (g) One and three-tenths percent to the Department of
 1704  Environmental Protection for the Florida Greenways and Trails
 1705  Program, to acquire greenways and trails or greenways and trails
 1706  systems pursuant to chapter 260, including, but not limited to,
 1707  abandoned railroad rights-of-way and the Florida National Scenic
 1708  Trail.
 1709  
 1710  Local governments may use federal grants or loans, private
 1711  donations, or environmental mitigation funds, including
 1712  environmental mitigation funds required pursuant to s. 338.250,
 1713  for any part or all of any local match required for the purposes
 1714  described in this subsection. Bond proceeds allocated pursuant
 1715  to paragraph (c) may be used to purchase lands on the priority
 1716  lists developed pursuant to s. 259.035. Title to lands purchased
 1717  pursuant to former paragraphs (a), (d), (e), (f), or and (g) of
 1718  this subsection, Florida Statutes 2014, shall be vested in the
 1719  Board of Trustees of the Internal Improvement Trust Fund. Title
 1720  to lands purchased pursuant to former paragraph (c) of this
 1721  subsection, Florida Statutes 2014, may be vested in the Board of
 1722  Trustees of the Internal Improvement Trust Fund. The board of
 1723  trustees shall hold title to land protection agreements and
 1724  conservation easements that were or will be acquired pursuant to
 1725  former s. 380.0677, Florida Statutes 2014, and the Southwest
 1726  Florida Water Management District and the St. Johns River Water
 1727  Management District shall monitor such agreements and easements
 1728  within their respective districts until the state assumes this
 1729  responsibility.
 1730         (4) PROJECT CRITERIA.—
 1731         (a) Proceeds of bonds issued pursuant to this act and
 1732  distributed pursuant to paragraphs (3)(a) and (b) shall be spent
 1733  only on projects which meet at least one of the following
 1734  criteria, as determined pursuant to paragraphs (b) and (c):
 1735         1. A significant portion of the land in the project is in
 1736  imminent danger of development, in imminent danger of loss of
 1737  its significant natural attributes, or in imminent danger of
 1738  subdivision which will result in multiple ownership and may make
 1739  acquisition of the project more costly or less likely to be
 1740  accomplished;
 1741         2. Compelling evidence exists that the land is likely to be
 1742  developed during the next 12 months, or appraisals made during
 1743  the past 5 years indicate an escalation in land value at an
 1744  average rate that exceeds the average rate of interest likely to
 1745  be paid on the bonds;
 1746         3. A significant portion of the land in the project serves
 1747  to protect or recharge groundwater and to protect other valuable
 1748  natural resources or provide space for natural resource based
 1749  recreation;
 1750         4. The project can be purchased at 80 percent of appraised
 1751  value or less;
 1752         5. A significant portion of the land in the project serves
 1753  as habitat for endangered, threatened, or rare species or serves
 1754  to protect natural communities which are listed by the Florida
 1755  Natural Areas Inventory as critically imperiled, imperiled, or
 1756  rare, or as excellent quality occurrences of natural
 1757  communities; or
 1758         6. A significant portion of the land serves to preserve
 1759  important archaeological or historical sites.
 1760         (b) Each year that bonds are to be issued pursuant to this
 1761  act, the Land Acquisition and Management Advisory Council shall
 1762  review that year’s approved Conservation and Recreation Lands
 1763  priority list and shall, by the first board meeting in February,
 1764  present to the Board of Trustees of the Internal Improvement
 1765  Trust Fund for approval a listing of projects on the list which
 1766  meet one or more of the criteria listed in paragraph (a). The
 1767  board may remove projects from the list developed pursuant to
 1768  this paragraph, but may not add projects.
 1769         (c) Each year that bonds are to be issued pursuant to this
 1770  act, each water management district governing board shall review
 1771  the lands on its current year’s Save Our Rivers 5-year plan and
 1772  shall, by January 15, adopt a listing of projects from the plan
 1773  which meet one or more of the criteria listed in paragraph (a).
 1774         (d) In the acquisition of coastal lands pursuant to
 1775  paragraph (3)(a), the following additional criteria shall also
 1776  be considered:
 1777         1. The value of acquiring coastal high-hazard parcels,
 1778  consistent with hazard mitigation and postdisaster redevelopment
 1779  policies, in order to minimize the risk to life and property and
 1780  to reduce the need for future disaster assistance.
 1781         2. The value of acquiring beachfront parcels, irrespective
 1782  of size, to provide public access and recreational opportunities
 1783  in highly developed urban areas.
 1784         3. The value of acquiring identified parcels the
 1785  development of which would adversely affect coastal resources.
 1786  
 1787  When a nonprofit environmental organization which is tax-exempt
 1788  pursuant to s. 501(c)(3) of the United States Internal Revenue
 1789  Code sells land to the state, such land at the time of such sale
 1790  shall be deemed to meet one or more of the criteria listed in
 1791  paragraph (a) if such land meets one or more of the criteria at
 1792  the time the organization purchases it. Listings of projects
 1793  compiled pursuant to paragraphs (b) and (c) may be revised to
 1794  include projects on the Conservation and Recreation Lands
 1795  priority list or in a water management district’s 5-year plan
 1796  which come under the criteria in paragraph (a) after the dates
 1797  specified in paragraph (b) or paragraph (c). The requirement of
 1798  paragraph (3)(a) regarding coastal lands is met as long as an
 1799  average of one-fifth of the cumulative proceeds allocated
 1800  through fiscal year 1999-2000 pursuant to that paragraph is used
 1801  to purchase coastal lands.
 1802         (e) The Legislature finds that the Florida Preservation
 1803  2000 Program has provided financial resources that have enabled
 1804  the acquisition of significant amounts of land for public
 1805  ownership in the first 7 years of the program’s existence. In
 1806  the remaining years of the Florida Preservation 2000 Program,
 1807  agencies that receive funds are encouraged to better coordinate
 1808  their expenditures so that future acquisitions, when combined
 1809  with previous acquisitions, will form more complete patterns of
 1810  protection for natural areas and functioning ecosystems to
 1811  better accomplish the intent of paragraph (2)(c).
 1812         (f) The Legislature intends that, in the remaining years of
 1813  the Florida Preservation 2000 Program, emphasis be given to the
 1814  completion of projects in which one or more parcels have already
 1815  been acquired and to the acquisition of lands containing
 1816  ecological resources which are either not represented or
 1817  underrepresented on lands currently in public ownership. The
 1818  Legislature also intends that future acquisitions under the
 1819  Florida Preservation 2000 Program be limited to projects on the
 1820  current project lists, or any additions to the list as
 1821  determined and prioritized by the study, or those projects that
 1822  can reasonably be expected to be acquired by the end of the
 1823  Florida Preservation 2000 Program.
 1824         (4) FLORIDA FOREST SERVICE FUND USE.— (5) Any funds
 1825  received by the Florida Forest Service from the Preservation
 1826  2000 Trust Fund pursuant to paragraph (3)(e) shall be used only
 1827  to pay the cost of the acquisition of lands in furtherance of
 1828  outdoor recreation and natural resources conservation in this
 1829  state. The administration and use of any funds received by the
 1830  Florida Forest Service from the Preservation 2000 Trust Fund
 1831  will be subject to such terms and conditions imposed thereon by
 1832  the agency of the state responsible for the issuance of the
 1833  revenue bonds, the proceeds of which are deposited in the
 1834  Preservation 2000 Trust Fund, including restrictions imposed to
 1835  ensure that the interest on any such revenue bonds issued by the
 1836  state as tax-exempt revenue bonds will not be included in the
 1837  gross income of the holders of such bonds for federal income tax
 1838  purposes. All deeds or leases with respect to any real property
 1839  acquired with Preservation 2000 funds must received by the
 1840  Florida Forest Service from the Preservation 2000 Trust Fund
 1841  shall contain sufficient such covenants and restrictions as are
 1842  sufficient to ensure that the use of such real property at all
 1843  times complies with s. 375.051 and s. 9, Art. XII of the 1968
 1844  Constitution of Florida; and shall contain reverter clauses
 1845  providing for the reversion of title to such property to the
 1846  Board of Trustees of the Internal Improvement Trust Fund or, in
 1847  the case of a lease of such property, providing for termination
 1848  of the lease upon a failure to use the property conveyed thereby
 1849  for such purposes.
 1850         (5)(6) DISPOSITION OF LANDS.—
 1851         (a) Any lands acquired pursuant to former paragraphs
 1852  paragraph (3)(a), paragraph (3)(c), paragraph (3)(d), paragraph
 1853  (3)(e), paragraph (3)(f), or paragraph (3)(g) of this section,
 1854  Florida Statutes 2014, if title to such lands is vested in the
 1855  Board of Trustees of the Internal Improvement Trust Fund, may be
 1856  disposed of by the Board of Trustees of the Internal Improvement
 1857  Trust Fund in accordance with the provisions and procedures set
 1858  forth in s. 253.034(6), and lands acquired pursuant to former
 1859  paragraph (3)(b) of this section, Florida Statutes 2014, may be
 1860  disposed of by the owning water management district in
 1861  accordance with the procedures and provisions set forth in ss.
 1862  373.056 and 373.089 provided such disposition also shall satisfy
 1863  the requirements of paragraphs (b) and (c).
 1864         (b) Before land acquired with Preservation 2000 funds may
 1865  be surplused as required by s. 253.034(6), or determined to be
 1866  no longer required for its purposes under s. 373.056(4), as
 1867  whichever may be applicable, there shall first be a
 1868  determination by the Board of Trustees of the Internal
 1869  Improvement Trust Fund, or, in the case of water management
 1870  district lands, by the owning water management district, that
 1871  such land no longer needs to be preserved in furtherance of the
 1872  intent of the Florida Preservation 2000 Act. Any lands eligible
 1873  to be disposed of under this procedure also may be used to
 1874  acquire other lands through an exchange of lands if, provided
 1875  such lands obtained in an exchange are described in the same
 1876  paragraph of former subsection (3) of this section, Florida
 1877  Statutes 2014, as the lands disposed.
 1878         (c) Notwithstanding paragraphs (a) and (b), no such
 1879  disposition of land shall be made if such disposition would have
 1880  the effect of causing all or any portion of the interest on any
 1881  revenue bonds issued to fund the Florida Preservation 2000 Act
 1882  to lose their exclusion from gross income for purposes of
 1883  federal income taxation. Any Revenue derived from the disposal
 1884  of such lands acquired with Preservation 2000 funds may not be
 1885  used for any purpose except for deposit into the Florida
 1886  Preservation 2000 Trust Fund, or the Florida Forever Trust Fund
 1887  within the Department of Environmental Protection, for recredit
 1888  to the share held under former subsection (3) of this section,
 1889  Florida Statutes 2014, in which such disposed land is described.
 1890         (6)(7) ALTERNATE USES OF ACQUIRED LANDS.—
 1891         (a) The Board of Trustees of the Internal Improvement Trust
 1892  Fund, or, in the case of water management district lands, the
 1893  owning water management district, may authorize the granting of
 1894  a lease, easement, or license for the use of any lands acquired
 1895  pursuant to former subsection (3) of this section, Florida
 1896  Statutes 2014, for any governmental use permitted by s. 17, Art.
 1897  IX of the State Constitution of 1885, as adopted by s. 9(a),
 1898  Art. XII of the State Constitution, and any other incidental
 1899  public or private use that is determined by the board or the
 1900  owning water management district to be compatible with the
 1901  purposes for which such lands were acquired.
 1902         (b) Any existing lease, easement, or license acquired for
 1903  incidental public or private use on, under, or across any lands
 1904  acquired pursuant to former subsection (3) of this section,
 1905  Florida Statutes 2014, shall be presumed not to be incompatible
 1906  with the purposes for which such lands were acquired.
 1907         (c) Notwithstanding the provisions of paragraph (a), no
 1908  such lease, easement, or license shall be entered into by the
 1909  Department of Environmental Protection or other appropriate
 1910  state agency if the granting of such lease, easement, or license
 1911  would adversely affect the exclusion of the interest on any
 1912  revenue bonds issued to fund the acquisition of the affected
 1913  lands from gross income for federal income tax purposes, as
 1914  described in s. 375.045(4).
 1915         (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.— (8)
 1916         (a) The Legislature finds that, with the increasing
 1917  pressures on the natural areas of this state, the state must
 1918  develop creative techniques to maximize the use of acquisition
 1919  and management moneys. The Legislature also finds that the
 1920  state’s environmental land-buying agencies should be encouraged
 1921  to augment their traditional, fee simple acquisition programs
 1922  with the use of alternatives to fee simple acquisition
 1923  techniques. The Legislature also finds that using alternatives
 1924  to fee simple acquisition by public land-buying agencies will
 1925  achieve the following public policy goals:
 1926         1. Allow more lands to be brought under public protection
 1927  for preservation, conservation, and recreational purposes at
 1928  less expense using public funds.
 1929         2. Retain, on local government tax rolls, some portion of
 1930  or interest in lands that which are under public protection.
 1931         3. Reduce long-term management costs by allowing private
 1932  property owners to continue acting as stewards of the land, as
 1933  where appropriate.
 1934  
 1935  Therefore, it is the intent of the Legislature that public land
 1936  buying agencies develop programs to pursue alternatives to fee
 1937  simple acquisition and to educate private landowners about such
 1938  alternatives and the benefits of such alternatives. It also is
 1939  the intent of the Legislature that the department and the water
 1940  management districts spend a portion of their shares of
 1941  Preservation 2000 bond proceeds to purchase eligible properties
 1942  using alternatives to fee simple acquisition. Finally, it is the
 1943  intent of the Legislature that public agencies acquire lands in
 1944  fee simple for public access and recreational activities. Lands
 1945  protected using alternatives to fee simple acquisition
 1946  techniques may shall not be accessible to the public unless such
 1947  access is negotiated with and agreed to by the private
 1948  landowners who retain interests in such lands.
 1949         (b) The Land Acquisition Advisory Council and the water
 1950  management districts shall identify, within their 1997
 1951  acquisition plans, those projects that which require a full fee
 1952  simple interest to achieve the public policy goals, along with
 1953  the reasons why full title is determined to be necessary. The
 1954  council and the water management districts may use alternatives
 1955  to fee simple acquisition to bring the remaining projects in
 1956  their acquisition plans under public protection. For the
 1957  purposes of this subsection, the term “alternatives to fee
 1958  simple acquisition” includes the, but is not limited to:
 1959  purchase of development rights; conservation easements; flowage
 1960  easements; the purchase of timber rights, mineral rights, or
 1961  hunting rights; the purchase of agricultural interests or
 1962  silvicultural interests; land protection agreements; fee simple
 1963  acquisitions with reservations; or any other acquisition
 1964  technique that which achieves the public policy goals identified
 1965  listed in paragraph (a). It is presumed that a private landowner
 1966  retains the full range of uses for all the rights or interests
 1967  in the landowner’s land which are not specifically acquired by
 1968  the public agency. Life estates and fee simple acquisitions with
 1969  leaseback provisions do shall not qualify as an alternative to
 1970  fee simple acquisition under this subsection, although the
 1971  department and the districts are encouraged to use such
 1972  techniques if where appropriate.
 1973         (c) The department and each water management district shall
 1974  implement initiatives to use alternatives to fee simple
 1975  acquisition and to educate private landowners about such
 1976  alternatives. These initiatives must shall include at least two
 1977  acquisitions a year by the department and each water management
 1978  district utilizing alternatives to fee simple.
 1979         (d) The Legislature finds that the lack of direct sales
 1980  comparison information has served as an impediment to successful
 1981  implementation of alternatives to fee simple acquisition. It is
 1982  the intent of the Legislature that, in the absence of direct
 1983  comparable sales information, appraisals of alternatives to fee
 1984  simple acquisitions be based on the difference between the full
 1985  fee simple valuation and the value of the interests remaining
 1986  with the seller after acquisition.
 1987         (e) The public agency that which has been assigned
 1988  management responsibility shall inspect and monitor any less
 1989  than-fee-simple interest according to the terms of the purchase
 1990  agreement relating to such interest.
 1991         (f) The department and the water management districts may
 1992  enter into joint acquisition agreements to jointly fund the
 1993  purchase of lands using alternatives to fee simple techniques.
 1994         (8) PUBLIC RECREATIONAL USE.—An agency or water management
 1995  district that acquired lands using Preservation 2000 funds
 1996  distributed pursuant to former subsection (3) of this section,
 1997  Florida Statutes 2014, shall manage such lands to make them
 1998  available for public recreational use if the recreational use
 1999  does not interfere with the protection of natural resource
 2000  values. The agency or district may enter into an agreement with
 2001  the department or another appropriate state agency to transfer
 2002  management authority or lease to such agencies lands purchased
 2003  with Preservation 2000 funds for the purpose of managing the
 2004  lands to make them available for public recreational use. The
 2005  water management districts and the department shall take action
 2006  to control the growth of nonnative invasive plant species on
 2007  lands they manage which were purchased with Preservation 2000
 2008  funds.
 2009         Section 26. Section 259.105, Florida Statutes, is amended
 2010  to read:
 2011         259.105 The Florida Forever Act.—
 2012         (1) This section may be cited as the “Florida Forever Act.”
 2013         (2)(a) The Legislature finds and declares that:
 2014         1. Land acquisition programs have provided tremendous
 2015  financial resources for purchasing environmentally significant
 2016  lands to protect those lands from imminent development or
 2017  alteration, thereby ensuring present and future generations’
 2018  access to important waterways, open spaces, and recreation and
 2019  conservation lands.
 2020         2. The continued alteration and development of Florida’s
 2021  natural and rural areas to accommodate the state’s growing
 2022  population have contributed to the degradation of water
 2023  resources, the fragmentation and destruction of wildlife
 2024  habitats, the loss of outdoor recreation space, and the
 2025  diminishment of wetlands, forests, working landscapes, and
 2026  coastal open space.
 2027         3. The potential development of Florida’s remaining natural
 2028  areas and escalation of land values require government efforts
 2029  to restore, bring under public protection, or acquire lands and
 2030  water areas to preserve the state’s essential ecological
 2031  functions and invaluable quality of life.
 2032         4. It is essential to protect the state’s ecosystems by
 2033  promoting a more efficient use of land, to ensure opportunities
 2034  for viable agricultural activities on working lands, and to
 2035  promote vital rural and urban communities that support and
 2036  produce development patterns consistent with natural resource
 2037  protection.
 2038         5. Florida’s groundwater, surface waters, and springs are
 2039  under tremendous pressure due to population growth and economic
 2040  expansion and require special protection and restoration
 2041  efforts, including the protection of uplands and springsheds
 2042  that provide vital recharge to aquifer systems and are critical
 2043  to the protection of water quality and water quantity of the
 2044  aquifers and springs. To ensure that sufficient quantities of
 2045  water are available to meet the current and future needs of the
 2046  natural systems and citizens of the state, and assist in
 2047  achieving the planning goals of the department and the water
 2048  management districts, water resource development projects on
 2049  public lands, where compatible with the resource values of and
 2050  management objectives for the lands, are appropriate.
 2051         6. The needs of urban, suburban, and small communities in
 2052  Florida for high-quality outdoor recreational opportunities,
 2053  greenways, trails, and open space have not been fully met by
 2054  previous acquisition programs. Through such programs as the
 2055  Florida Communities Trust and the Florida Recreation Development
 2056  Assistance Program, the state shall place additional emphasis on
 2057  acquiring, protecting, preserving, and restoring open space,
 2058  ecological greenways, and recreation properties within urban,
 2059  suburban, and rural areas where pristine natural communities or
 2060  water bodies no longer exist because of the proximity of
 2061  developed property.
 2062         7. Many of Florida’s unique ecosystems, such as the Florida
 2063  Everglades, are facing ecological collapse due to Florida’s
 2064  burgeoning population growth and other economic activities. To
 2065  preserve these valuable ecosystems for future generations,
 2066  essential parcels of land must be acquired to facilitate
 2067  ecosystem restoration.
 2068         8. Access to public lands to support a broad range of
 2069  outdoor recreational opportunities and the development of
 2070  necessary infrastructure, where compatible with the resource
 2071  values of and management objectives for such lands, promotes an
 2072  appreciation for Florida’s natural assets and improves the
 2073  quality of life.
 2074         9. Acquisition of lands, in fee simple, less-than-fee
 2075  interest, or other techniques shall be based on a comprehensive
 2076  science-based assessment of Florida’s natural resources which
 2077  targets essential conservation lands by prioritizing all current
 2078  and future acquisitions based on a uniform set of data and
 2079  planned so as to protect the integrity and function of
 2080  ecological systems and working landscapes, and provide multiple
 2081  benefits, including preservation of fish and wildlife habitat,
 2082  recreation space for urban and rural areas, and the restoration
 2083  of natural water storage, flow, and recharge.
 2084         10. The state has embraced performance-based program
 2085  budgeting as a tool to evaluate the achievements of publicly
 2086  funded agencies, build in accountability, and reward those
 2087  agencies which are able to consistently achieve quantifiable
 2088  goals. While previous and existing state environmental programs
 2089  have achieved varying degrees of success, few of these programs
 2090  can be evaluated as to the extent of their achievements,
 2091  primarily because performance measures, standards, outcomes, and
 2092  goals were not established at the outset. Therefore, the Florida
 2093  Forever program shall be developed and implemented in the
 2094  context of measurable state goals and objectives.
 2095         11. The state must play a major role in the recovery and
 2096  management of its imperiled species through the acquisition,
 2097  restoration, enhancement, and management of ecosystems that can
 2098  support the major life functions of such species. It is the
 2099  intent of the Legislature to support local, state, and federal
 2100  programs that result in net benefit to imperiled species habitat
 2101  by providing public and private land owners meaningful
 2102  incentives for acquiring, restoring, managing, and repopulating
 2103  habitats for imperiled species. It is the further intent of the
 2104  Legislature that public lands, both existing and to be acquired,
 2105  identified by the lead land managing agency, in consultation
 2106  with the Florida Fish and Wildlife Conservation Commission for
 2107  animals or the Department of Agriculture and Consumer Services
 2108  for plants, as habitat or potentially restorable habitat for
 2109  imperiled species, be restored, enhanced, managed, and
 2110  repopulated as habitat for such species to advance the goals and
 2111  objectives of imperiled species management consistent with the
 2112  purposes for which such lands are acquired without restricting
 2113  other uses identified in the management plan. It is also the
 2114  intent of the Legislature that of the proceeds distributed
 2115  pursuant to subsection (3), additional consideration be given to
 2116  acquisitions that achieve a combination of conservation goals,
 2117  including the restoration, enhancement, management, or
 2118  repopulation of habitat for imperiled species. The Acquisition
 2119  and Restoration Council, in addition to the criteria in
 2120  subsection (9), shall give weight to projects that include
 2121  acquisition, restoration, management, or repopulation of habitat
 2122  for imperiled species. The term “imperiled species” as used in
 2123  this chapter and chapter 253, means plants and animals that are
 2124  federally listed under the Endangered Species Act, or state
 2125  listed by the Fish and Wildlife Conservation Commission or the
 2126  Department of Agriculture and Consumer Services.
 2127         a. As part of the state’s role, all state lands that have
 2128  imperiled species habitat shall include as a consideration in
 2129  management plan development the restoration, enhancement,
 2130  management, and repopulation of such habitats. In addition, the
 2131  lead land managing agency of such state lands may use fees
 2132  received from public or private entities for projects to offset
 2133  adverse impacts to imperiled species or their habitat in order
 2134  to restore, enhance, manage, repopulate, or acquire land and to
 2135  implement land management plans developed under s. 253.034 or a
 2136  land management prospectus developed and implemented under this
 2137  chapter. Such fees shall be deposited into a foundation or fund
 2138  created by each land management agency under s. 379.223, s.
 2139  589.012, or s. 259.032(9)(c) s. 259.032(11)(c), to be used
 2140  solely to restore, manage, enhance, repopulate, or acquire
 2141  imperiled species habitat.
 2142         b. Where habitat or potentially restorable habitat for
 2143  imperiled species is located on state lands, the Fish and
 2144  Wildlife Conservation Commission and the Department of
 2145  Agriculture and Consumer Services shall be included on any
 2146  advisory group required under chapter 253, and the short-term
 2147  and long-term management goals required under chapter 253 must
 2148  advance the goals and objectives of imperiled species management
 2149  consistent with the purposes for which the land was acquired
 2150  without restricting other uses identified in the management
 2151  plan.
 2152         12. There is a need to change the focus and direction of
 2153  the state’s major land acquisition programs and to extend
 2154  funding and bonding capabilities, so that future generations may
 2155  enjoy the natural resources of this state.
 2156         (b) The Legislature recognizes that acquisition of lands in
 2157  fee simple is only one way to achieve the aforementioned goals
 2158  and encourages the use of less-than-fee interests, other
 2159  techniques, and the development of creative partnerships between
 2160  governmental agencies and private landowners. Such partnerships
 2161  may include those that advance the restoration, enhancement,
 2162  management, or repopulation of imperiled species habitat on
 2163  state lands as provided for in subparagraph (a)11. Easements
 2164  acquired pursuant to s. 570.71(2)(a) and (b), land protection
 2165  agreements, and nonstate funded tools such as rural land
 2166  stewardship areas, sector planning, and mitigation should be
 2167  used, where appropriate, to bring environmentally sensitive
 2168  tracts under an acceptable level of protection at a lower
 2169  financial cost to the public, and to provide private landowners
 2170  with the opportunity to enjoy and benefit from their property.
 2171         (c) Public agencies or other entities that receive funds
 2172  under this section shall coordinate their expenditures so that
 2173  project acquisitions, when combined with acquisitions under
 2174  Florida Forever, Preservation 2000, Save Our Rivers, the Florida
 2175  Communities Trust, other public land acquisition programs, and
 2176  the techniques, partnerships, and tools referenced in
 2177  subparagraph (a)11. and paragraph (b), are used to form more
 2178  complete patterns of protection for natural areas, ecological
 2179  greenways, and functioning ecosystems, to better accomplish the
 2180  intent of this section.
 2181         (d) A long-term financial commitment to restoring,
 2182  enhancing, and managing Florida’s public lands in order to
 2183  implement land management plans developed under s. 253.034 or a
 2184  land management prospectus developed and implemented under this
 2185  chapter must accompany any land acquisition program to ensure
 2186  that the natural resource values of such lands are restored,
 2187  enhanced, managed, and protected; that the public enjoys the
 2188  lands to their fullest potential; and that the state achieves
 2189  the full benefits of its investment of public dollars.
 2190  Innovative strategies such as public-private partnerships and
 2191  interagency planning and sharing of resources shall be used to
 2192  achieve the state’s management goals.
 2193         (e) With limited dollars available for restoration,
 2194  enhancement, management, and acquisition of land and water areas
 2195  and for providing long-term management and capital improvements,
 2196  a competitive selection process shall select those projects best
 2197  able to meet the goals of Florida Forever and maximize the
 2198  efficient use of the program’s funding.
 2199         (f) To ensure success and provide accountability to the
 2200  citizens of this state, it is the intent of the Legislature that
 2201  any cash or bond proceeds used pursuant to this section be used
 2202  to implement the goals and objectives recommended by a
 2203  comprehensive science-based assessment and approved by the Board
 2204  of Trustees of the Internal Improvement Trust Fund and the
 2205  Legislature.
 2206         (g) As it has with previous land acquisition programs, the
 2207  Legislature recognizes the desires of the residents of this
 2208  state to prosper through economic development and to preserve,
 2209  restore, and manage the state’s natural areas and recreational
 2210  open space. The Legislature further recognizes the urgency of
 2211  restoring the natural functions, including wildlife and
 2212  imperiled species habitat functions, of public lands or water
 2213  bodies before they are degraded to a point where recovery may
 2214  never occur, yet acknowledges the difficulty of ensuring
 2215  adequate funding for restoration, enhancement, and management
 2216  efforts in light of other equally critical financial needs of
 2217  the state. It is the Legislature’s desire and intent to fund the
 2218  implementation of this section and to do so in a fiscally
 2219  responsible manner, by issuing bonds to be repaid with
 2220  documentary stamp tax or other revenue sources, including those
 2221  identified in subparagraph (a)11.
 2222         (h) The Legislature further recognizes the important role
 2223  that many of our state and federal military installations
 2224  contribute to protecting and preserving Florida’s natural
 2225  resources as well as our economic prosperity. Where the state’s
 2226  land conservation plans overlap with the military’s need to
 2227  protect lands, waters, and habitat to ensure the sustainability
 2228  of military missions, it is the Legislature’s intent that
 2229  agencies receiving funds under this program cooperate with our
 2230  military partners to protect and buffer military installations
 2231  and military airspace, by:
 2232         1. Protecting habitat on nonmilitary land for any species
 2233  found on military land that is designated as threatened or
 2234  endangered, or is a candidate for such designation under the
 2235  Endangered Species Act or any Florida statute;
 2236         2. Protecting areas underlying low-level military air
 2237  corridors or operating areas;
 2238         3. Protecting areas identified as clear zones, accident
 2239  potential zones, and air installation compatible use buffer
 2240  zones delineated by our military partners; and
 2241         4. Providing the military with technical assistance to
 2242  restore, enhance, and manage military land as habitat for
 2243  imperiled species or species designated as threatened or
 2244  endangered, or a candidate for such designation, and for the
 2245  recovery or reestablishment of such species.
 2246         (3) Less the costs of issuing and the costs of funding
 2247  reserve accounts and other costs associated with bonds, the
 2248  proceeds of cash payments or bonds issued pursuant to this
 2249  section shall be deposited into the Florida Forever Trust Fund
 2250  created by s. 259.1051. The proceeds shall be distributed by the
 2251  Department of Environmental Protection in the following manner:
 2252         (a) Thirty percent to the Department of Environmental
 2253  Protection for the acquisition of lands and capital project
 2254  expenditures necessary to implement the water management
 2255  districts’ priority lists developed pursuant to s. 373.199. The
 2256  funds are to be distributed to the water management districts as
 2257  provided in subsection (11). A minimum of 50 percent of the
 2258  total funds provided over the life of the Florida Forever
 2259  program pursuant to this paragraph shall be used for the
 2260  acquisition of lands.
 2261         (b) Thirty-five percent to the Department of Environmental
 2262  Protection for the acquisition of lands and capital project
 2263  expenditures described in this section. Of the proceeds
 2264  distributed pursuant to this paragraph, it is the intent of the
 2265  Legislature that an increased priority be given to those
 2266  acquisitions which achieve a combination of conservation goals,
 2267  including protecting Florida’s water resources and natural
 2268  groundwater recharge. At a minimum, 3 percent, and no more than
 2269  10 percent, of the funds allocated pursuant to this paragraph
 2270  shall be spent on capital project expenditures identified during
 2271  the time of acquisition which meet land management planning
 2272  activities necessary for public access.
 2273         (c) Twenty-one percent to the Department of Environmental
 2274  Protection for use by the Florida Communities Trust for the
 2275  purposes of part III of chapter 380, as described and limited by
 2276  this subsection, and grants to local governments or nonprofit
 2277  environmental organizations that are tax-exempt under s.
 2278  501(c)(3) of the United States Internal Revenue Code for the
 2279  acquisition of community-based projects, urban open spaces,
 2280  parks, and greenways to implement local government comprehensive
 2281  plans. From funds available to the trust and used for land
 2282  acquisition, 75 percent shall be matched by local governments on
 2283  a dollar-for-dollar basis. The Legislature intends that the
 2284  Florida Communities Trust emphasize funding projects in low
 2285  income or otherwise disadvantaged communities and projects that
 2286  provide areas for direct water access and water-dependent
 2287  facilities that are open to the public and offer public access
 2288  by vessels to waters of the state, including boat ramps and
 2289  associated parking and other support facilities. At least 30
 2290  percent of the total allocation provided to the trust shall be
 2291  used in Standard Metropolitan Statistical Areas, but one-half of
 2292  that amount shall be used in localities in which the project
 2293  site is located in built-up commercial, industrial, or mixed-use
 2294  areas and functions to intersperse open spaces within congested
 2295  urban core areas. From funds allocated to the trust, no less
 2296  than 5 percent shall be used to acquire lands for recreational
 2297  trail systems, provided that in the event these funds are not
 2298  needed for such projects, they will be available for other trust
 2299  projects. Local governments may use federal grants or loans,
 2300  private donations, or environmental mitigation funds, including
 2301  environmental mitigation funds required pursuant to s. 338.250,
 2302  for any part or all of any local match required for acquisitions
 2303  funded through the Florida Communities Trust. Any lands
 2304  purchased by nonprofit organizations using funds allocated under
 2305  this paragraph must provide for such lands to remain permanently
 2306  in public use through a reversion of title to local or state
 2307  government, conservation easement, or other appropriate
 2308  mechanism. Projects funded with funds allocated to the trust
 2309  shall be selected in a competitive process measured against
 2310  criteria adopted in rule by the trust.
 2311         (d) Two percent to the Department of Environmental
 2312  Protection for grants pursuant to s. 375.075.
 2313         (e) One and five-tenths percent to the Department of
 2314  Environmental Protection for the purchase of inholdings and
 2315  additions to state parks and for capital project expenditures as
 2316  described in this section. At a minimum, 1 percent, and no more
 2317  than 10 percent, of the funds allocated pursuant to this
 2318  paragraph shall be spent on capital project expenditures
 2319  identified during the time of acquisition which meet land
 2320  management planning activities necessary for public access. For
 2321  the purposes of this paragraph, “state park” means any real
 2322  property in the state which is under the jurisdiction of the
 2323  Division of Recreation and Parks of the department, or which may
 2324  come under its jurisdiction.
 2325         (f) One and five-tenths percent to the Florida Forest
 2326  Service of the Department of Agriculture and Consumer Services
 2327  to fund the acquisition of state forest inholdings and additions
 2328  pursuant to s. 589.07, the implementation of reforestation plans
 2329  or sustainable forestry management practices, and for capital
 2330  project expenditures as described in this section. At a minimum,
 2331  1 percent, and no more than 10 percent, of the funds allocated
 2332  for the acquisition of inholdings and additions pursuant to this
 2333  paragraph shall be spent on capital project expenditures
 2334  identified during the time of acquisition which meet land
 2335  management planning activities necessary for public access.
 2336         (g) One and five-tenths percent to the Fish and Wildlife
 2337  Conservation Commission to fund the acquisition of inholdings
 2338  and additions to lands managed by the commission which are
 2339  important to the conservation of fish and wildlife and for
 2340  capital project expenditures as described in this section. At a
 2341  minimum, 1 percent, and no more than 10 percent, of the funds
 2342  allocated pursuant to this paragraph shall be spent on capital
 2343  project expenditures identified during the time of acquisition
 2344  which meet land management planning activities necessary for
 2345  public access.
 2346         (h) One and five-tenths percent to the Department of
 2347  Environmental Protection for the Florida Greenways and Trails
 2348  Program, to acquire greenways and trails or greenways and trail
 2349  systems pursuant to chapter 260, including, but not limited to,
 2350  abandoned railroad rights-of-way and the Florida National Scenic
 2351  Trail and for capital project expenditures as described in this
 2352  section. At a minimum, 1 percent, and no more than 10 percent,
 2353  of the funds allocated pursuant to this paragraph shall be spent
 2354  on capital project expenditures identified during the time of
 2355  acquisition which meet land management planning activities
 2356  necessary for public access.
 2357         (i) Three and five-tenths percent to the Department of
 2358  Agriculture and Consumer Services for the acquisition of
 2359  agricultural lands, through perpetual conservation easements and
 2360  other perpetual less-than-fee techniques, which will achieve the
 2361  objectives of Florida Forever and s. 570.71. Rules concerning
 2362  the application, acquisition, and priority ranking process for
 2363  such easements shall be developed pursuant to s. 570.71(10) and
 2364  as provided by this paragraph. The board shall ensure that such
 2365  rules are consistent with the acquisition process provided for
 2366  in s. 259.041. Provisions of the rules developed pursuant to s.
 2367  570.71(10), shall also provide for the following:
 2368         1. An annual priority list shall be developed pursuant to
 2369  s. 570.71(10), submitted to the Acquisition and Restoration
 2370  Council for review, and approved by the board pursuant to s.
 2371  259.04.
 2372         2. Terms of easements and acquisitions proposed pursuant to
 2373  this paragraph shall be approved by the board and shall not be
 2374  delegated by the board to any other entity receiving funds under
 2375  this section.
 2376         3. All acquisitions pursuant to this paragraph shall
 2377  contain a clear statement that they are subject to legislative
 2378  appropriation.
 2379  
 2380  No funds provided under this paragraph shall be expended until
 2381  final adoption of rules by the board pursuant to s. 570.71.
 2382         (j) Two and five-tenths percent to the Department of
 2383  Environmental Protection for the acquisition of land and capital
 2384  project expenditures necessary to implement the Stan Mayfield
 2385  Working Waterfronts Program within the Florida Communities Trust
 2386  pursuant to s. 380.5105.
 2387         (k) It is the intent of the Legislature that cash payments
 2388  or proceeds of Florida Forever bonds distributed under this
 2389  section shall be expended in an efficient and fiscally
 2390  responsible manner. An agency that receives proceeds from
 2391  Florida Forever bonds under this section may not maintain a
 2392  balance of unencumbered funds in its Florida Forever subaccount
 2393  beyond 3 fiscal years from the date of deposit of funds from
 2394  each bond issue. Any funds that have not been expended or
 2395  encumbered after 3 fiscal years from the date of deposit shall
 2396  be distributed by the Legislature at its next regular session
 2397  for use in the Florida Forever program.
 2398         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2399  the agencies that receive the funds shall develop their
 2400  individual acquisition or restoration lists in accordance with
 2401  specific criteria and numeric performance measures developed
 2402  pursuant s. 259.035(4). Proposed additions may be acquired if
 2403  they are identified within the original project boundary, the
 2404  management plan required pursuant to s. 253.034(5), or the
 2405  management prospectus required pursuant to s. 259.032(7)(d) s.
 2406  259.032(9)(d). Proposed additions not meeting the requirements
 2407  of this paragraph shall be submitted to the Acquisition and
 2408  Restoration Council for approval. The council may only approve
 2409  the proposed addition if it meets two or more of the following
 2410  criteria: serves as a link or corridor to other publicly owned
 2411  property; enhances the protection or management of the property;
 2412  would add a desirable resource to the property; would create a
 2413  more manageable boundary configuration; has a high resource
 2414  value that otherwise would be unprotected; or can be acquired at
 2415  less than fair market value.
 2416         (m) Notwithstanding paragraphs (a)-(j) and for the 2014
 2417  2015 fiscal year only:
 2418         1. Five million dollars to the Department of Agriculture
 2419  and Consumer Services for the acquisition of agricultural lands
 2420  through perpetual conservation easements and other perpetual
 2421  less-than-fee techniques, which will achieve the objectives of
 2422  Florida Forever and s. 570.71.
 2423         2. The remaining moneys appropriated from the Florida
 2424  Forever Trust Fund shall be distributed only to the Division of
 2425  State Lands within the Department of Environmental Protection
 2426  for land acquisitions that are less-than-fee interest, for
 2427  partnerships in which the state’s portion of the acquisition
 2428  cost is no more than 50 percent, or for conservation lands
 2429  needed for military buffering or springs or water resources
 2430  protection.
 2431  
 2432  This paragraph expires July 1, 2015.
 2433         (4) Notwithstanding subsection (3) and for the 2014-2015
 2434  fiscal year only, the funds appropriated in section 56 of the
 2435  2014-2015 General Appropriations Act may be provided to water
 2436  management districts for land acquisitions, including less-than
 2437  fee interest, identified by water management districts as being
 2438  needed for water resource protection or ecosystem restoration.
 2439  This subsection expires July 1, 2015.
 2440         (4)(5) It is the intent of the Legislature that projects or
 2441  acquisitions funded pursuant to paragraphs (3)(a) and (b)
 2442  contribute to the achievement of the following goals, which
 2443  shall be evaluated in accordance with specific criteria and
 2444  numeric performance measures developed pursuant s. 259.035(4):
 2445         (a) Enhance the coordination and completion of land
 2446  acquisition projects, as measured by:
 2447         1. The number of acres acquired through the state’s land
 2448  acquisition programs that contribute to the enhancement of
 2449  essential natural resources, ecosystem service parcels, and
 2450  connecting linkage corridors as identified and developed by the
 2451  best available scientific analysis;
 2452         2. The number of acres protected through the use of
 2453  alternatives to fee simple acquisition; or
 2454         3. The number of shared acquisition projects among Florida
 2455  Forever funding partners and partners with other funding
 2456  sources, including local governments and the Federal Government.
 2457         (b) Increase the protection of Florida’s biodiversity at
 2458  the species, natural community, and landscape levels, as
 2459  measured by:
 2460         1. The number of acres acquired of significant strategic
 2461  habitat conservation areas;
 2462         2. The number of acres acquired of highest priority
 2463  conservation areas for Florida’s rarest species;
 2464         3. The number of acres acquired of significant landscapes,
 2465  landscape linkages, and conservation corridors, giving priority
 2466  to completing linkages;
 2467         4. The number of acres acquired of underrepresented native
 2468  ecosystems;
 2469         5. The number of landscape-sized protection areas of at
 2470  least 50,000 acres that exhibit a mosaic of predominantly intact
 2471  or restorable natural communities established through new
 2472  acquisition projects or augmentations to previous projects; or
 2473         6. The percentage increase in the number of occurrences of
 2474  imperiled species on publicly managed conservation areas.
 2475         (c) Protect, restore, and maintain the quality and natural
 2476  functions of land, water, and wetland systems of the state, as
 2477  measured by:
 2478         1. The number of acres of publicly owned land identified as
 2479  needing restoration, enhancement, and management, acres
 2480  undergoing restoration or enhancement, acres with restoration
 2481  activities completed, and acres managed to maintain such
 2482  restored or enhanced conditions; the number of acres which
 2483  represent actual or potential imperiled species habitat; the
 2484  number of acres which are available pursuant to a management
 2485  plan to restore, enhance, repopulate, and manage imperiled
 2486  species habitat; and the number of acres of imperiled species
 2487  habitat managed, restored, enhanced, repopulated, or acquired;
 2488         2. The percentage of water segments that fully meet,
 2489  partially meet, or do not meet their designated uses as reported
 2490  in the Department of Environmental Protection’s State Water
 2491  Quality Assessment 305(b) Report;
 2492         3. The percentage completion of targeted capital
 2493  improvements in surface water improvement and management plans
 2494  created under s. 373.453(2), regional or master stormwater
 2495  management system plans, or other adopted restoration plans;
 2496         4. The number of acres acquired that protect natural
 2497  floodplain functions;
 2498         5. The number of acres acquired that protect surface waters
 2499  of the state;
 2500         6. The number of acres identified for acquisition to
 2501  minimize damage from flooding and the percentage of those acres
 2502  acquired;
 2503         7. The number of acres acquired that protect fragile
 2504  coastal resources;
 2505         8. The number of acres of functional wetland systems
 2506  protected;
 2507         9. The percentage of miles of critically eroding beaches
 2508  contiguous with public lands that are restored or protected from
 2509  further erosion;
 2510         10. The percentage of public lakes and rivers in which
 2511  invasive, nonnative aquatic plants are under maintenance
 2512  control; or
 2513         11. The number of acres of public conservation lands in
 2514  which upland invasive, exotic plants are under maintenance
 2515  control.
 2516         (d) Ensure that sufficient quantities of water are
 2517  available to meet the current and future needs of natural
 2518  systems and the citizens of the state, as measured by:
 2519         1. The number of acres acquired which provide retention and
 2520  storage of surface water in naturally occurring storage areas,
 2521  such as lakes and wetlands, consistent with the maintenance of
 2522  water resources or water supplies and consistent with district
 2523  water supply plans;
 2524         2. The quantity of water made available through the water
 2525  resource development component of a district water supply plan
 2526  for which a water management district is responsible; or
 2527         3. The number of acres acquired of groundwater recharge
 2528  areas critical to springs, sinks, aquifers, other natural
 2529  systems, or water supply.
 2530         (e) Increase natural resource-based public recreational and
 2531  educational opportunities, as measured by:
 2532         1. The number of acres acquired that are available for
 2533  natural resource-based public recreation or education;
 2534         2. The miles of trails that are available for public
 2535  recreation, giving priority to those that provide significant
 2536  connections including those that will assist in completing the
 2537  Florida National Scenic Trail; or
 2538         3. The number of new resource-based recreation facilities,
 2539  by type, made available on public land.
 2540         (f) Preserve significant archaeological or historic sites,
 2541  as measured by:
 2542         1. The increase in the number of and percentage of historic
 2543  and archaeological properties listed in the Florida Master Site
 2544  File or National Register of Historic Places which are protected
 2545  or preserved for public use; or
 2546         2. The increase in the number and percentage of historic
 2547  and archaeological properties that are in state ownership.
 2548         (g) Increase the amount of forestland available for
 2549  sustainable management of natural resources, as measured by:
 2550         1. The number of acres acquired that are available for
 2551  sustainable forest management;
 2552         2. The number of acres of state-owned forestland managed
 2553  for economic return in accordance with current best management
 2554  practices;
 2555         3. The number of acres of forestland acquired that will
 2556  serve to maintain natural groundwater recharge functions; or
 2557         4. The percentage and number of acres identified for
 2558  restoration actually restored by reforestation.
 2559         (h) Increase the amount of open space available in urban
 2560  areas, as measured by:
 2561         1. The percentage of local governments that participate in
 2562  land acquisition programs and acquire open space in urban cores;
 2563  or
 2564         2. The percentage and number of acres of purchases of open
 2565  space within urban service areas.
 2566  
 2567  Florida Forever projects and acquisitions funded pursuant to
 2568  paragraph (3)(c) shall be measured by goals developed by rule by
 2569  the Florida Communities Trust Governing Board created in s.
 2570  380.504.
 2571         (5)(6)(a) All lands acquired pursuant to this section shall
 2572  be managed for multiple-use purposes, where compatible with the
 2573  resource values of and management objectives for such lands. As
 2574  used in this section, “multiple-use” includes, but is not
 2575  limited to, outdoor recreational activities as described in ss.
 2576  253.034 and 259.032(7)(b) 259.032(9)(b), water resource
 2577  development projects, sustainable forestry management, carbon
 2578  sequestration, carbon mitigation, or carbon offsets.
 2579         (b) Upon a decision by the entity in which title to lands
 2580  acquired pursuant to this section has vested, such lands may be
 2581  designated single use as defined in s. 253.034(2)(b).
 2582         (c) For purposes of this section, the Board of Trustees of
 2583  the Internal Improvement Trust Fund shall adopt rules that
 2584  pertain to the use of state lands for carbon sequestration,
 2585  carbon mitigation, or carbon offsets and that provide for
 2586  climate-change-related benefits.
 2587         (6)(7) As provided in this section, a water resource or
 2588  water supply development project may be allowed only if the
 2589  following conditions are met: minimum flows and levels have been
 2590  established for those waters, if any, which may reasonably be
 2591  expected to experience significant harm to water resources as a
 2592  result of the project; the project complies with all applicable
 2593  permitting requirements; and the project is consistent with the
 2594  regional water supply plan, if any, of the water management
 2595  district and with relevant recovery or prevention strategies if
 2596  required pursuant to s. 373.0421(2).
 2597         (7)(8)(a) Beginning no later than July 1, 2001, and every
 2598  year thereafter, the Acquisition and Restoration Council shall
 2599  accept applications from state agencies, local governments,
 2600  nonprofit and for-profit organizations, private land trusts, and
 2601  individuals for project proposals eligible for funding pursuant
 2602  to paragraph (3)(b). The council shall evaluate the proposals
 2603  received pursuant to this subsection to ensure that they meet at
 2604  least one of the criteria under subsection (8) (9).
 2605         (b) Project applications shall contain, at a minimum, the
 2606  following:
 2607         1. A minimum of two numeric performance measures that
 2608  directly relate to the overall goals adopted by the council.
 2609  Each performance measure shall include a baseline measurement,
 2610  which is the current situation; a performance standard which the
 2611  project sponsor anticipates the project will achieve; and the
 2612  performance measurement itself, which should reflect the
 2613  incremental improvements the project accomplishes towards
 2614  achieving the performance standard.
 2615         2. Proof that property owners within any proposed
 2616  acquisition have been notified of their inclusion in the
 2617  proposed project. Any property owner may request the removal of
 2618  such property from further consideration by submitting a request
 2619  to the project sponsor or the Acquisition and Restoration
 2620  Council by certified mail. Upon receiving this request, the
 2621  council shall delete the property from the proposed project;
 2622  however, the board of trustees, at the time it votes to approve
 2623  the proposed project lists pursuant to subsection (15) (16), may
 2624  add the property back on to the project lists if it determines
 2625  by a super majority of its members that such property is
 2626  critical to achieve the purposes of the project.
 2627         (c) The title to lands acquired under this section shall
 2628  vest in the Board of Trustees of the Internal Improvement Trust
 2629  Fund, except that title to lands acquired by a water management
 2630  district shall vest in the name of that district and lands
 2631  acquired by a local government shall vest in the name of the
 2632  purchasing local government.
 2633         (8)(9) The Acquisition and Restoration Council shall
 2634  develop a project list that shall represent those projects
 2635  submitted pursuant to subsection (6) (7).
 2636         (9)(10) The Acquisition and Restoration Council shall
 2637  recommend rules for adoption by the board of trustees to
 2638  competitively evaluate, select, and rank projects eligible for
 2639  Florida Forever funds pursuant to paragraph (3)(b) and for
 2640  additions to the Conservation and Recreation Lands list pursuant
 2641  to ss. 259.032 and 259.101(4). In developing these proposed
 2642  rules, the Acquisition and Restoration Council shall give weight
 2643  to the following criteria:
 2644         (a) The project meets multiple goals described in
 2645  subsection (4).
 2646         (b) The project is part of an ongoing governmental effort
 2647  to restore, protect, or develop land areas or water resources.
 2648         (c) The project enhances or facilitates management of
 2649  properties already under public ownership.
 2650         (d) The project has significant archaeological or historic
 2651  value.
 2652         (e) The project has funding sources that are identified and
 2653  assured through at least the first 2 years of the project.
 2654         (f) The project contributes to the solution of water
 2655  resource problems on a regional basis.
 2656         (g) The project has a significant portion of its land area
 2657  in imminent danger of development, in imminent danger of losing
 2658  its significant natural attributes or recreational open space,
 2659  or in imminent danger of subdivision which would result in
 2660  multiple ownership and make acquisition of the project costly or
 2661  less likely to be accomplished.
 2662         (h) The project implements an element from a plan developed
 2663  by an ecosystem management team.
 2664         (i) The project is one of the components of the Everglades
 2665  restoration effort.
 2666         (j) The project may be purchased at 80 percent of appraised
 2667  value.
 2668         (k) The project may be acquired, in whole or in part, using
 2669  alternatives to fee simple, including but not limited to, tax
 2670  incentives, mitigation funds, or other revenues; the purchase of
 2671  development rights, hunting rights, agricultural or
 2672  silvicultural rights, or mineral rights; or obtaining
 2673  conservation easements or flowage easements.
 2674         (l) The project is a joint acquisition, either among public
 2675  agencies, nonprofit organizations, or private entities, or by a
 2676  public-private partnership.
 2677         (10)(11) The Acquisition and Restoration Council shall give
 2678  increased priority to those projects for which matching funds
 2679  are available and to project elements previously identified on
 2680  an acquisition list pursuant to this section that can be
 2681  acquired at 80 percent or less of appraised value. The council
 2682  shall also give increased priority to those projects where the
 2683  state’s land conservation plans overlap with the military’s need
 2684  to protect lands, water, and habitat to ensure the
 2685  sustainability of military missions including:
 2686         (a) Protecting habitat on nonmilitary land for any species
 2687  found on military land that is designated as threatened or
 2688  endangered, or is a candidate for such designation under the
 2689  Endangered Species Act or any Florida statute;
 2690         (b) Protecting areas underlying low-level military air
 2691  corridors or operating areas; and
 2692         (c) Protecting areas identified as clear zones, accident
 2693  potential zones, and air installation compatible use buffer
 2694  zones delineated by our military partners, and for which federal
 2695  or other funding is available to assist with the project.
 2696         (11)(12) For the purposes of funding projects pursuant to
 2697  paragraph (3)(a), the Secretary of Environmental Protection
 2698  shall ensure that each water management district receives the
 2699  following percentage of funds annually:
 2700         (a) Thirty-five percent to the South Florida Water
 2701  Management District, of which amount $25 million for 2 years
 2702  beginning in fiscal year 2000-2001 shall be transferred by the
 2703  Department of Environmental Protection into the Save Our
 2704  Everglades Trust Fund and shall be used exclusively to implement
 2705  the comprehensive plan under s. 373.470.
 2706         (b) Twenty-five percent to the Southwest Florida Water
 2707  Management District.
 2708         (c) Twenty-five percent to the St. Johns River Water
 2709  Management District.
 2710         (d) Seven and one-half percent to the Suwannee River Water
 2711  Management District.
 2712         (e) Seven and one-half percent to the Northwest Florida
 2713  Water Management District.
 2714         (12)(13) It is the intent of the Legislature that in
 2715  developing the list of projects for funding pursuant to
 2716  paragraph (3)(a), that these funds not be used to abrogate the
 2717  financial responsibility of those point and nonpoint sources
 2718  that have contributed to the degradation of water or land areas.
 2719  Therefore, an increased priority shall be given by the water
 2720  management district governing boards to those projects that have
 2721  secured a cost-sharing agreement allocating responsibility for
 2722  the cleanup of point and nonpoint sources.
 2723         (13)(14) An affirmative vote of five members of the
 2724  Acquisition and Restoration Council shall be required in order
 2725  to place a proposed project on the list developed pursuant to
 2726  subsection (7) (8). Any member of the council who by family or a
 2727  business relationship has a connection with any project proposed
 2728  to be ranked shall declare such interest prior to voting for a
 2729  project’s inclusion on the list.
 2730         (14)(15) Each year that cash disbursements or bonds are to
 2731  be issued pursuant to this section, the Acquisition and
 2732  Restoration Council shall review the most current approved
 2733  project list and shall, by the first board meeting in May,
 2734  present to the Board of Trustees of the Internal Improvement
 2735  Trust Fund for approval a listing of projects developed pursuant
 2736  to subsection (7) (8). The board of trustees may remove projects
 2737  from the list developed pursuant to this subsection, but may not
 2738  add projects or rearrange project rankings.
 2739         (15)(16) The Acquisition and Restoration Council shall
 2740  submit to the board of trustees, with its list of projects, a
 2741  report that includes, but shall not be limited to, the following
 2742  information for each project listed:
 2743         (a) The stated purpose for inclusion.
 2744         (b) Projected costs to achieve the project goals.
 2745         (c) An interim management budget that includes all costs
 2746  associated with immediate public access.
 2747         (d) Specific performance measures.
 2748         (e) Plans for public access.
 2749         (f) An identification of the essential parcel or parcels
 2750  within the project without which the project cannot be properly
 2751  managed.
 2752         (g) Where applicable, an identification of those projects
 2753  or parcels within projects which should be acquired in fee
 2754  simple or in less than fee simple.
 2755         (h) An identification of those lands being purchased for
 2756  conservation purposes.
 2757         (i) A management policy statement for the project and a
 2758  management prospectus pursuant to s. 259.032(7)(d) s.
 2759  259.032(9)(d).
 2760         (j) An estimate of land value based on county tax assessed
 2761  values.
 2762         (k) A map delineating project boundaries.
 2763         (l) An assessment of the project’s ecological value,
 2764  outdoor recreational value, forest resources, wildlife
 2765  resources, ownership pattern, utilization, and location.
 2766         (m) A discussion of whether alternative uses are proposed
 2767  for the property and what those uses are.
 2768         (n) A designation of the management agency or agencies.
 2769         (16)(17) All proposals for projects pursuant to paragraph
 2770  (3)(b) shall be implemented only if adopted by the Acquisition
 2771  and Restoration Council and approved by the board of trustees.
 2772  The council shall consider and evaluate in writing the merits
 2773  and demerits of each project that is proposed for Florida
 2774  Forever funding and each proposed addition to the Conservation
 2775  and Recreation Lands list program. The council shall ensure that
 2776  each proposed project will meet a stated public purpose for the
 2777  restoration, conservation, or preservation of environmentally
 2778  sensitive lands and water areas or for providing outdoor
 2779  recreational opportunities and that each proposed addition to
 2780  the Conservation and Recreation Lands list will meet the public
 2781  purposes under s. 259.032(3) and, when applicable, s.
 2782  259.101(4). The council also shall determine whether the project
 2783  or addition conforms, where applicable, with the comprehensive
 2784  plan developed pursuant to s. 259.04(1)(a), the comprehensive
 2785  multipurpose outdoor recreation plan developed pursuant to s.
 2786  375.021, the state lands management plan adopted pursuant to s.
 2787  253.03(7), the water resources work plans developed pursuant to
 2788  s. 373.199, and the provisions of this section.
 2789         (17)(18) On an annual basis, the Division of State Lands
 2790  shall prepare an annual work plan that prioritizes projects on
 2791  the Florida Forever list and sets forth the funding available in
 2792  the fiscal year for land acquisition. The work plan shall
 2793  consider the following categories of expenditure for land
 2794  conservation projects already selected for the Florida Forever
 2795  list pursuant to subsection (7) (8):
 2796         (a) A critical natural lands category, including functional
 2797  landscape-scale natural systems, intact large hydrological
 2798  systems, lands that have significant imperiled natural
 2799  communities, and corridors linking large landscapes, as
 2800  identified and developed by the best available scientific
 2801  analysis.
 2802         (b) A partnerships or regional incentive category,
 2803  including:
 2804         1. Projects where local and regional cost-share agreements
 2805  provide a lower cost and greater conservation benefit to the
 2806  people of the state. Additional consideration shall be provided
 2807  under this category where parcels are identified as part of a
 2808  local or regional visioning process and are supported by
 2809  scientific analysis; and
 2810         2. Bargain and shared projects where the state will receive
 2811  a significant reduction in price for public ownership of land as
 2812  a result of the removal of development rights or other interests
 2813  in lands or receives alternative or matching funds.
 2814         (c) A substantially complete category of projects where
 2815  mainly inholdings, additions, and linkages between preserved
 2816  areas will be acquired and where 85 percent of the project is
 2817  complete.
 2818         (d) A climate-change category list of lands where
 2819  acquisition or other conservation measures will address the
 2820  challenges of global climate change, such as through protection,
 2821  restoration, mitigation, and strengthening of Florida’s land,
 2822  water, and coastal resources. This category includes lands that
 2823  provide opportunities to sequester carbon, provide habitat,
 2824  protect coastal lands or barrier islands, and otherwise mitigate
 2825  and help adapt to the effects of sea-level rise and meet other
 2826  objectives of the program.
 2827         (e) A less-than-fee category for working agricultural lands
 2828  that significantly contribute to resource protection through
 2829  conservation easements and other less-than-fee techniques, tax
 2830  incentives, life estates, landowner agreements, and other
 2831  partnerships, including conservation easements acquired in
 2832  partnership with federal conservation programs, which will
 2833  achieve the objectives of Florida Forever while allowing the
 2834  continuation of compatible agricultural uses on the land. Terms
 2835  of easements proposed for acquisition under this category shall
 2836  be developed by the Division of State Lands in coordination with
 2837  the Department of Agriculture and Consumer Services.
 2838  
 2839  Projects within each category shall be ranked by order of
 2840  priority. The work plan shall be adopted by the Acquisition and
 2841  Restoration Council after at least one public hearing. A copy of
 2842  the work plan shall be provided to the board of trustees of the
 2843  Internal Improvement Trust Fund no later than October 1 of each
 2844  year.
 2845         (18)(19)(a) The Board of Trustees of the Internal
 2846  Improvement Trust Fund, or, in the case of water management
 2847  district lands, the owning water management district, may
 2848  authorize the granting of a lease, easement, or license for the
 2849  use of certain lands acquired pursuant to this section, for
 2850  certain uses that are determined by the appropriate board to be
 2851  compatible with the resource values of and management objectives
 2852  for such lands.
 2853         (b) Any existing lease, easement, or license acquired for
 2854  incidental public or private use on, under, or across any lands
 2855  acquired pursuant to this section shall be presumed to be
 2856  compatible with the purposes for which such lands were acquired.
 2857         (c) Notwithstanding the provisions of paragraph (a), no
 2858  such lease, easement, or license shall be entered into by the
 2859  Department of Environmental Protection or other appropriate
 2860  state agency if the granting of such lease, easement, or license
 2861  would adversely affect the exclusion of the interest on any
 2862  revenue bonds issued to fund the acquisition of the affected
 2863  lands from gross income for federal income tax purposes,
 2864  pursuant to Internal Revenue Service regulations.
 2865         (19)(20) The Acquisition and Restoration Council shall
 2866  recommend adoption of rules by the board of trustees necessary
 2867  to implement the provisions of this section relating to:
 2868  solicitation, scoring, selecting, and ranking of Florida Forever
 2869  project proposals; disposing of or leasing lands or water areas
 2870  selected for funding through the Florida Forever program; and
 2871  the process of reviewing and recommending for approval or
 2872  rejection the land management plans associated with publicly
 2873  owned properties. Rules promulgated pursuant to this subsection
 2874  shall be submitted to the President of the Senate and the
 2875  Speaker of the House of Representatives, for review by the
 2876  Legislature, no later than 30 days prior to the 2010 Regular
 2877  Session and shall become effective only after legislative
 2878  review. In its review, the Legislature may reject, modify, or
 2879  take no action relative to such rules. The board of trustees
 2880  shall conform such rules to changes made by the Legislature, or,
 2881  if no action was taken by the Legislature, such rules shall
 2882  become effective.
 2883         (20)(21) Lands listed as projects for acquisition under the
 2884  Florida Forever program may be managed for conservation pursuant
 2885  to s. 259.032, on an interim basis by a private party in
 2886  anticipation of a state purchase in accordance with a
 2887  contractual arrangement between the acquiring agency and the
 2888  private party that may include management service contracts,
 2889  leases, cost-share arrangements, or resource conservation
 2890  agreements. Lands designated as eligible under this subsection
 2891  shall be managed to maintain or enhance the resources the state
 2892  is seeking to protect by acquiring the land and to accelerate
 2893  public access to the lands as soon as practicable. Funding for
 2894  these contractual arrangements may originate from the
 2895  documentary stamp tax revenue deposited into the Land
 2896  Acquisition Conservation and Recreation Lands Trust Fund and
 2897  Water Management Lands Trust Fund. No more than $6.2 million may
 2898  be expended from the Land Acquisition Trust Fund 5 percent of
 2899  funds allocated under the trust funds shall be expended for this
 2900  purpose.
 2901         Section 27. Subsections (1) and (3) of section 259.1051,
 2902  Florida Statutes, are amended to read:
 2903         259.1051 Florida Forever Trust Fund.—
 2904         (1) There is created the Florida Forever Trust Fund to
 2905  carry out the purposes of ss. 259.032, 259.105, 259.1052, and
 2906  375.031. The Florida Forever Trust Fund shall be held and
 2907  administered by the Department of Environmental Protection.
 2908  Proceeds from the sale of bonds, except proceeds of refunding
 2909  bonds, issued under s. 215.618 and payable from moneys
 2910  transferred to the Land Acquisition Trust Fund under s.
 2911  201.15(1) s. 201.15(1)(a), not to exceed $5.3 billion, must be
 2912  deposited into this trust fund to be distributed and used as
 2913  provided in s. 259.105(3). The bond resolution adopted by the
 2914  governing board of the Division of Bond Finance of the State
 2915  Board of Administration may provide for additional provisions
 2916  that govern the disbursement of the bond proceeds.
 2917         (3) The Department of Environmental Protection shall ensure
 2918  that the proceeds from the sale of bonds issued under s. 215.618
 2919  and payable from moneys transferred to the Land Acquisition
 2920  Trust Fund under s. 201.15(1) s. 201.15(1)(a) shall be
 2921  administered and expended in a manner that ensures compliance of
 2922  each issue of bonds that are issued on the basis that interest
 2923  thereon will be excluded from gross income for federal income
 2924  tax purposes, with the applicable provisions of the United
 2925  States Internal Revenue Code and the regulations promulgated
 2926  thereunder, to the extent necessary to preserve the exclusion of
 2927  interest on the bonds from gross income for federal income tax
 2928  purposes. The Department of Environmental Protection shall
 2929  administer the use and disbursement of the proceeds of such
 2930  bonds or require that the use and disbursement thereof be
 2931  administered in a manner to implement strategies to maximize any
 2932  available benefits under the applicable provisions of the United
 2933  States Internal Revenue Code or regulations promulgated
 2934  thereunder, to the extent not inconsistent with the purposes
 2935  identified in s. 259.105(3).
 2936         Section 28. Paragraph (a) of subsection (2) of section
 2937  338.250, Florida Statutes, is amended to read:
 2938         338.250 Central Florida Beltway Mitigation.—
 2939         (2) Environmental mitigation required as a result of
 2940  construction of the beltway, or portions thereof, shall be
 2941  satisfied in the following manner:
 2942         (a) For those projects which the Department of
 2943  Transportation is authorized to construct, funds for
 2944  environmental mitigation shall be deposited in the Central
 2945  Florida Beltway Trust Fund created within the department at the
 2946  time bonds for the specific project are sold. If a road building
 2947  authority other than the department is authorized to construct
 2948  the project, funds for environmental mitigation shall be
 2949  deposited in a mitigation fund account established in the
 2950  construction fund for the bond issues. Said account shall be
 2951  established at the time bond proceeds are deposited into the
 2952  construction fund for the specific project. These funds shall be
 2953  provided from bond proceeds, and the use of such funds from bond
 2954  proceeds for mitigation shall be deemed a public purpose. The
 2955  amount to be provided for mitigation for the Eastern Beltway in
 2956  Seminole County shall be up to $4 million, the amount to be
 2957  provided for mitigation for the Western Beltway shall be up to
 2958  $30.5 million, the amount to be provided for mitigation for the
 2959  Southern Connector shall be up to $14.28 million, the amount to
 2960  be provided for mitigation for the Turnpike/Southern Connector
 2961  Interchange shall be up to $1.46 million, and the amount to be
 2962  provided for mitigation for the Southern Connector Extension
 2963  shall be in proportion to the amount provided for the Southern
 2964  Connector based upon the amount of wetlands displaced. To the
 2965  extent allowed by law, the interest on said funds as earned,
 2966  after deposit into the Central Florida Beltway Trust Fund, or in
 2967  a mitigation fund account shall accrue and be paid to the agency
 2968  responsible for the construction of the appropriate project.
 2969  Where feasible, mitigation funds shall be used in coordination
 2970  with funds from the Conservation and Recreation Lands Trust
 2971  Fund, Save Our Rivers Land Acquisition Program, or from other
 2972  appropriate sources.
 2973         Section 29. Subsection (4) of section 339.0801, Florida
 2974  Statutes, is amended to read:
 2975         339.0801 Allocation of increased revenues derived from
 2976  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
 2977  from increased revenues to the State Transportation Trust Fund
 2978  derived from the amendments to s. 319.32(5)(a) made by this act
 2979  must be used annually, first as set forth in subsection (1) and
 2980  then as set forth in subsections (2)-(5), notwithstanding any
 2981  other provision of law:
 2982         (4) Beginning in the 2013-2014 fiscal year and annually
 2983  thereafter, $10 million shall be allocated to the Small County
 2984  Outreach Program, to be used as specified in s. 339.2818. These
 2985  funds are in addition to the funds provided for the program
 2986  pursuant to s. 201.15 in s. 201.15(1)(c)1.b.
 2987         Section 30. Subsection (9) of section 339.55, Florida
 2988  Statutes, is amended to read:
 2989         339.55 State-funded infrastructure bank.—
 2990         (9) Funds paid into the State Transportation Trust Fund
 2991  pursuant to s. 201.15 s. 201.15(1)(c) for the purposes of the
 2992  State Infrastructure Bank are hereby annually appropriated for
 2993  expenditure to support that program.
 2994         Section 31. Subsection (5) of section 341.303, Florida
 2995  Statutes, is amended to read:
 2996         341.303 Funding authorization and appropriations;
 2997  eligibility and participation.—
 2998         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
 2999         (a) The department, through the Florida Rail Enterprise, is
 3000  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
 3001  under s. 201.15(1)(c)1.d. to fund:
 3002         (a) Up to 50 percent of the nonfederal share of the costs
 3003  of any eligible passenger rail capital improvement project.
 3004         (b) The department, through the Florida Rail Enterprise, is
 3005  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 3006  fund Up to 100 percent of planning and development costs related
 3007  to the provision of a passenger rail system, including, but not
 3008  limited to, preliminary engineering, revenue studies,
 3009  environmental impact studies, financial advisory services,
 3010  engineering design, and other appropriate professional services.
 3011         (c) The department, through the Florida Rail Enterprise, is
 3012  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 3013  fund The high-speed rail system.
 3014         (d) The department, through the Florida Rail Enterprise, is
 3015  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 3016  fund Projects necessary to identify or address anticipated
 3017  impacts of increased freight rail traffic resulting from the
 3018  implementation of passenger rail systems as provided in s.
 3019  341.302(3)(b).
 3020         Section 32. Paragraph (b) of subsection (4) of section
 3021  343.58, Florida Statutes, is amended to read:
 3022         343.58 County funding for the South Florida Regional
 3023  Transportation Authority.—
 3024         (4) Notwithstanding any other provision of law to the
 3025  contrary and effective July 1, 2010, until as provided in
 3026  paragraph (d), the department shall transfer annually from the
 3027  State Transportation Trust Fund to the South Florida Regional
 3028  Transportation Authority the amounts specified in subparagraph
 3029  (a)1. or subparagraph (a)2.
 3030         (b) Funding required by this subsection may not be provided
 3031  from the funds dedicated to the Florida Rail Enterprise pursuant
 3032  to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
 3033         Section 33. Section 369.252, Florida Statutes, is amended
 3034  to read:
 3035         369.252 Invasive plant control on public lands.—The Fish
 3036  and Wildlife Conservation Commission shall establish a program
 3037  that will accomplish all of the following to:
 3038         (1) Achieve eradication or maintenance control of invasive
 3039  exotic plants on public lands when the scientific data indicate
 3040  that they are detrimental to the state’s natural environment or
 3041  when the Commissioner of Agriculture finds that such plants or
 3042  specific populations thereof are a threat to the agricultural
 3043  productivity of the state.;
 3044         (2) Assist state and local government agencies in the
 3045  development and implementation of coordinated management plans
 3046  for the eradication or maintenance control of invasive exotic
 3047  plant species on public lands.;
 3048         (3) Contract, or enter into agreements, with entities in
 3049  the State University System or other governmental or private
 3050  sector entities for research concerning control agents;
 3051  production and growth of biological control agents; and
 3052  development of workable methods for the eradication or
 3053  maintenance control of invasive exotic plants on public lands.;
 3054  and
 3055         (4) Use funds in the Invasive Plant Control Trust Fund as
 3056  authorized by the Legislature for carrying out activities under
 3057  this section on public lands. A minimum of 20 percent of the
 3058  amount credited to the Invasive Plant Control Trust Fund
 3059  pursuant to s. 201.15(6) shall be used for the purpose of
 3060  controlling nonnative, upland, invasive plant species on public
 3061  lands.
 3062         Section 34. Paragraph (c) of subsection (8) of section
 3063  373.026, Florida Statutes, is amended to read:
 3064         373.026 General powers and duties of the department.—The
 3065  department, or its successor agency, shall be responsible for
 3066  the administration of this chapter at the state level. However,
 3067  it is the policy of the state that, to the greatest extent
 3068  possible, the department may enter into interagency or
 3069  interlocal agreements with any other state agency, any water
 3070  management district, or any local government conducting programs
 3071  related to or materially affecting the water resources of the
 3072  state. All such agreements shall be subject to the provisions of
 3073  s. 373.046. In addition to its other powers and duties, the
 3074  department shall, to the greatest extent possible:
 3075         (8)
 3076         (c) Notwithstanding paragraph (b), the use of state funds
 3077  for land purchases from willing sellers is authorized for
 3078  projects within the South Florida Water Management District’s
 3079  approved 5-year plan of acquisition pursuant to s. 373.59 or
 3080  within the South Florida Water Management District’s approved
 3081  Florida Forever water management district work plan pursuant to
 3082  s. 373.199.
 3083         Section 35. Subsection (4) of section 373.089, Florida
 3084  Statutes, is amended to read:
 3085         373.089 Sale or exchange of lands, or interests or rights
 3086  in lands.—The governing board of the district may sell lands, or
 3087  interests or rights in lands, to which the district has acquired
 3088  title or to which it may hereafter acquire title in the
 3089  following manner:
 3090         (4) The governing board of a district may exchange lands,
 3091  or interests or rights in lands, owned by, or lands, or
 3092  interests or rights in lands, for which title is otherwise
 3093  vested in, the district for other lands, or interests or rights
 3094  in lands, within the state owned by any person. The governing
 3095  board shall fix the terms and conditions of any such exchange
 3096  and may pay or receive any sum of money that the board considers
 3097  necessary to equalize the values of exchanged properties. Land,
 3098  or interests or rights in land, acquired under former s. 373.59,
 3099  Florida Statutes 2014, may be exchanged only for lands, or
 3100  interests or rights in lands, that otherwise meet the
 3101  requirements of that section for acquisition.
 3102         Section 36. Paragraph (a) of subsection (5) of section
 3103  373.129, Florida Statutes, is amended to read:
 3104         373.129 Maintenance of actions.—The department, the
 3105  governing board of any water management district, any local
 3106  board, or a local government to which authority has been
 3107  delegated pursuant to s. 373.103(8), is authorized to commence
 3108  and maintain proper and necessary actions and proceedings in any
 3109  court of competent jurisdiction for any of the following
 3110  purposes:
 3111         (5) To recover a civil penalty for each offense in an
 3112  amount not to exceed $10,000 per offense. Each date during which
 3113  such violation occurs constitutes a separate offense.
 3114         (a) A civil penalty recovered by a water management
 3115  district pursuant to this subsection shall be retained deposited
 3116  in the Water Management Lands Trust Fund established under s.
 3117  373.59 and used exclusively by the water management district
 3118  that collected deposits the money into the fund. A civil penalty
 3119  recovered by the department pursuant to this subsection shall be
 3120  deposited into the Water Quality Assurance Trust Fund
 3121  established under s. 376.307 Any such civil penalty recovered
 3122  after the expiration of such fund shall be deposited in the
 3123  Ecosystem Management and Restoration Trust Fund and used
 3124  exclusively within the water management district that deposits
 3125  the money into the fund.
 3126         Section 37. Subsection (5) of section 373.1391, Florida
 3127  Statutes, is amended to read:
 3128         373.1391 Management of real property.—
 3129         (5) The following additional uses of lands acquired
 3130  pursuant to the Florida Forever program and other state-funded
 3131  land purchase programs shall be authorized, upon a finding by
 3132  the governing board, if they meet the criteria specified in
 3133  paragraphs (a)-(e): water resource development projects, water
 3134  supply development projects, stormwater management projects,
 3135  linear facilities, and sustainable agriculture and forestry.
 3136  Such additional uses are authorized where:
 3137         (a) Not inconsistent with the management plan for such
 3138  lands;
 3139         (b) Compatible with the natural ecosystem and resource
 3140  values of such lands;
 3141         (c) The proposed use is appropriately located on such lands
 3142  and where due consideration is given to the use of other
 3143  available lands;
 3144         (d) The using entity reasonably compensates the titleholder
 3145  for such use based upon an appropriate measure of value; and
 3146         (e) The use is consistent with the public interest.
 3147  
 3148  A decision by the governing board pursuant to this subsection
 3149  shall be given a presumption of correctness. Moneys received
 3150  from the use of state lands pursuant to this subsection shall be
 3151  returned to the lead managing agency in accordance with the
 3152  provisions of s. 373.59.
 3153         Section 38. Subsection (7) of section 373.199, Florida
 3154  Statutes, is amended to read:
 3155         373.199 Florida Forever Water Management District Work
 3156  Plan.—
 3157         (7) By June 1, 2001, each district shall file with the
 3158  President of the Senate, the Speaker of the House of
 3159  Representatives, and the Secretary of Environmental Protection
 3160  the initial 5-year work plan as required under subsection (2).
 3161  By March 1 of each year thereafter, as part of the consolidated
 3162  annual report required by s. 373.036(7), each district shall
 3163  report on acquisitions completed during the year together with
 3164  modifications or additions to its 5-year work plan. Included in
 3165  the report shall be:
 3166         (a) A description of land management activity for each
 3167  property or project area owned by the water management district.
 3168         (b) A list of any lands surplused and the amount of
 3169  compensation received.
 3170         (c) The progress of funding, staffing, and resource
 3171  management of every project funded pursuant to former s.
 3172  259.101(3), Florida Statutes 2014 s. 259.101, s. 259.105, or
 3173  former s. 373.59(2), Florida Statutes 2014, s. 373.59 for which
 3174  the district is responsible.
 3175  
 3176  The secretary shall submit the report referenced in this
 3177  subsection to the Board of Trustees of the Internal Improvement
 3178  Trust Fund together with the Acquisition and Restoration
 3179  Council’s project list as required under s. 259.105.
 3180         Section 39. Subsection (7) of section 373.430, Florida
 3181  Statutes, is amended to read:
 3182         373.430 Prohibitions, violation, penalty, intent.—
 3183         (7) All moneys recovered under the provisions of this
 3184  section shall be allocated to the use of the water management
 3185  district, the department, or the local government, whichever
 3186  undertook and maintained the enforcement action. All monetary
 3187  penalties and damages recovered by the department or the state
 3188  under the provisions of this section shall be deposited into in
 3189  the Florida Permit Fee Ecosystem Management and Restoration
 3190  Trust Fund. All monetary penalties and damages recovered
 3191  pursuant to this section by a water management district shall be
 3192  retained deposited in the Water Management Lands Trust Fund
 3193  established under s. 373.59 and used exclusively within the
 3194  territory of the water management district which collected
 3195  deposits the money into the fund. Any such monetary penalties
 3196  and damages recovered after the expiration of such fund shall be
 3197  deposited in the Ecosystem Management and Restoration Trust Fund
 3198  and used exclusively within the territory of the water
 3199  management district which deposits the money into the fund. All
 3200  monetary penalties and damages recovered pursuant to this
 3201  subsection by a local government to which authority has been
 3202  delegated pursuant to s. 373.103(8) shall be used to enhance
 3203  surface water improvement or pollution control activities.
 3204         Section 40. Subsections (3) through (6) of section 373.459,
 3205  Florida Statutes, are amended to read:
 3206         373.459 Funds for surface water improvement and
 3207  management.—
 3208         (3) The Ecosystem Management and Restoration Trust Fund
 3209  shall be used for the deposit of funds appropriated by the
 3210  Legislature for the purposes of ss. 373.451-373.4595. The
 3211  department shall administer all funds appropriated to or
 3212  received for surface water improvement and management
 3213  activities. Expenditure of the moneys shall be limited to the
 3214  costs of detailed planning and plan and program implementation
 3215  for priority surface water bodies. Moneys may from the fund
 3216  shall not be expended for planning for, or construction or
 3217  expansion of, treatment facilities for domestic or industrial
 3218  waste disposal.
 3219         (4) The department shall authorize the release of money
 3220  from the fund in accordance with the provisions of s. 373.501(2)
 3221  and procedures in s. 373.59(4) and (5).
 3222         (5) Moneys in the fund which are not needed to meet current
 3223  obligations incurred under this section shall be transferred to
 3224  the State Board of Administration, to the credit of the trust
 3225  fund, to be invested in the manner provided by law. Interest
 3226  received on such investments shall be credited to the trust
 3227  fund.
 3228         (5)(6) The match requirement of subsection (2) does shall
 3229  not apply to the Suwannee River Water Management District, the
 3230  Northwest Florida Water Management District, or a financially
 3231  disadvantaged small local government as defined in former s.
 3232  403.885(3).
 3233         Section 41. Paragraph (a) of subsection (3) of section
 3234  373.4592, Florida Statutes, is amended to read:
 3235         373.4592 Everglades improvement and management.—
 3236         (3) EVERGLADES LONG-TERM PLAN.—
 3237         (a) The Legislature finds that the Everglades Program
 3238  required by this section establishes more extensive and
 3239  comprehensive requirements for surface water improvement and
 3240  management within the Everglades than the SWIM plan requirements
 3241  provided in ss. 373.451 and 373.453. In order to avoid
 3242  duplicative requirements, and in order to conserve the resources
 3243  available to the district, the SWIM plan requirements of those
 3244  sections shall not apply to the Everglades Protection Area and
 3245  the EAA during the term of the Everglades Program, and the
 3246  district will neither propose, nor take final agency action on,
 3247  any Everglades SWIM plan for those areas until the Everglades
 3248  Program is fully implemented. Funds identified under former s.
 3249  259.101(3)(b), Florida Statutes 2014, may be used for
 3250  acquisition of lands necessary to implement the Everglades
 3251  Construction Project, to the extent these funds are identified
 3252  in the Statement of Principles of July 1993. The district’s
 3253  actions in implementing the Everglades Construction Project
 3254  relating to the responsibilities of the EAA and C-139 Basin for
 3255  funding and water quality compliance in the EAA and the
 3256  Everglades Protection Area shall be governed by this section.
 3257  Other strategies or activities in the March 1992 Everglades SWIM
 3258  plan may be implemented if otherwise authorized by law.
 3259         Section 42. Subsection (4) of section 373.45926, Florida
 3260  Statutes, is amended to read:
 3261         373.45926 Everglades Trust Fund; allocation of revenues and
 3262  expenditure of funds for conservation and protection of natural
 3263  resources and abatement of water pollution.—
 3264         (4) The following funds shall be deposited into the
 3265  Everglades Trust Fund specifically for the implementation of the
 3266  Everglades Forever Act.
 3267         (a) Alligator Alley toll revenues pursuant to s. 338.26(3).
 3268         (b) Everglades agricultural privilege tax revenues pursuant
 3269  to s. 373.4592(6).
 3270         (c) C-139 agricultural privilege tax revenues pursuant to
 3271  s. 373.4592(7).
 3272         (d) Special assessment revenues pursuant to s. 373.4592(8).
 3273         (e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
 3274         (f) Federal funds appropriated by the United States
 3275  Congress for any component of the Everglades Construction
 3276  Project.
 3277         (g) Preservation 2000 funds for acquisition of lands
 3278  necessary for implementation of the Everglades Forever Act as
 3279  prescribed in an annual appropriation.
 3280         (g)(h) Any additional funds specifically appropriated by
 3281  the Legislature for this purpose.
 3282         (h)(i) Gifts designated for implementation of the
 3283  Everglades Forever Act from individuals, corporations, and other
 3284  entities.
 3285         (i)(j) Any additional funds that become available for this
 3286  purpose from any other source.
 3287         Section 43. Paragraph (a) of subsection (6) and paragraph
 3288  (b) of subsection (7) of section 373.470, Florida Statutes, are
 3289  amended to read:
 3290         373.470 Everglades restoration.—
 3291         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
 3292         (a) Except as provided in paragraphs (d) and (e) and for
 3293  funds appropriated for debt service, the department shall
 3294  distribute funds in the Save Our Everglades Trust Fund to the
 3295  district in accordance with a legislative appropriation and s.
 3296  373.026(8)(b) and (c). Distribution of funds to the district
 3297  from the Save Our Everglades Trust Fund shall be equally matched
 3298  by the cumulative contributions from the district by fiscal year
 3299  2019-2020 by providing funding or credits toward project
 3300  components. The dollar value of in-kind project design and
 3301  construction work by the district in furtherance of the
 3302  comprehensive plan and existing interest in public lands needed
 3303  for a project component are credits towards the district’s
 3304  contributions.
 3305         (7) ANNUAL REPORT.—To provide enhanced oversight of and
 3306  accountability for the financial commitments established under
 3307  this section and the progress made in the implementation of the
 3308  comprehensive plan, the following information must be prepared
 3309  annually as part of the consolidated annual report required by
 3310  s. 373.036(7):
 3311         (b) The department shall prepare a detailed report on all
 3312  funds expended by the state and credited toward the state’s
 3313  share of funding for implementation of the comprehensive plan.
 3314  The report shall include:
 3315         1. A description of all expenditures, by source and amount,
 3316  from the Conservation and Recreation Lands Trust Fund, the Land
 3317  Acquisition Trust Fund, the Preservation 2000 Trust Fund, the
 3318  Florida Forever Trust Fund, the Save Our Everglades Trust Fund,
 3319  and other named funds or accounts for the acquisition or
 3320  construction of project components or other features or
 3321  facilities that benefit the comprehensive plan.
 3322         2. A description of the purposes for which the funds were
 3323  expended.
 3324         3. The unencumbered fiscal-year-end balance that remains in
 3325  each trust fund or account identified in subparagraph 1.
 3326  
 3327  The information required in paragraphs (a), (b), and (c) shall
 3328  be provided as part of the consolidated annual report required
 3329  by s. 373.036(7). The initial report is due by November 30,
 3330  2000, and each annual report thereafter is due by March 1.
 3331         Section 44. Subsection (2) of section 373.584, Florida
 3332  Statutes, is amended to read:
 3333         373.584 Revenue bonds.—
 3334         (2) Revenues derived by the district from the Water
 3335  Management Lands Trust Fund as provided in s. 373.59 or any
 3336  other revenues of the district may be pledged to the payment of
 3337  such revenue bonds; however, the ad valorem taxing powers of the
 3338  district may not be pledged to the payment of such revenue bonds
 3339  without prior compliance with the requirements of the State
 3340  Constitution as to the affirmative vote of the electors of the
 3341  district and with the requirements of s. 373.563, and bonds
 3342  payable from the Water Management Lands Trust Fund shall be
 3343  issued solely for the purposes set forth in s. 373.59. Revenue
 3344  bonds and notes shall be, and shall be deemed to be, for all
 3345  purposes, negotiable instruments, subject only to the provisions
 3346  of the revenue bonds and notes for registration. The powers and
 3347  authority of districts to issue revenue bonds, including, but
 3348  not limited to, bonds to finance a stormwater management system
 3349  as defined by s. 373.403, and to enter into contracts incidental
 3350  thereto, and to do all things necessary and desirable in
 3351  connection with the issuance of revenue bonds, shall be
 3352  coextensive with the powers and authority of municipalities to
 3353  issue bonds under state law. The provisions of this section
 3354  constitute full and complete authority for the issuance of
 3355  revenue bonds and shall be liberally construed to effectuate its
 3356  purpose.
 3357         Section 45. Section 373.59, Florida Statutes, is amended to
 3358  read:
 3359         373.59 Payment in lieu of taxes for lands acquired for
 3360  water management district purposes Water Management Lands Trust
 3361  Fund.—
 3362         (1) There is established within the Department of
 3363  Environmental Protection the Water Management Lands Trust Fund
 3364  to be used as a nonlapsing fund for the purposes of this
 3365  section. The moneys in this fund are hereby continually
 3366  appropriated for the purposes of land acquisition, management,
 3367  maintenance, capital improvements of land titled to the
 3368  districts, payments in lieu of taxes, debt service on bonds
 3369  issued prior to July 1, 1999, debt service on bonds issued on or
 3370  after July 1, 1999, which are issued to refund bonds issued
 3371  before July 1, 1999, preacquisition costs associated with land
 3372  purchases, and the department’s costs of administration of the
 3373  fund. No refunding bonds may be issued which mature after the
 3374  final maturity date of the bonds being refunded or which provide
 3375  for higher debt service in any year than is payable on such
 3376  bonds as of February 1, 2009. The department’s costs of
 3377  administration shall be charged proportionally against each
 3378  district’s allocation using the formula provided in subsection
 3379  (8). Capital improvements shall include, but need not be limited
 3380  to, perimeter fencing, signs, firelanes, control of invasive
 3381  exotic species, controlled burning, habitat inventory and
 3382  restoration, law enforcement, access roads and trails, and
 3383  minimal public accommodations, such as primitive campsites,
 3384  garbage receptacles, and toilets. The moneys in the fund may
 3385  also be appropriated to supplement operational expenditures at
 3386  the Northwest Florida Water Management District and the Suwannee
 3387  River Water Management District, with such appropriations
 3388  allocated prior to the allocations set out in subsection (8) to
 3389  the five water management districts.
 3390         (2) Until the Preservation 2000 Program is concluded, each
 3391  district shall file with the Legislature and the Secretary of
 3392  Environmental Protection a report of acquisition activity, by
 3393  January 15 of each year, together with modifications or
 3394  additions to its 5-year plan of acquisition. Included in the
 3395  report shall be an identification of those lands which require a
 3396  full fee simple interest to achieve water management goals and
 3397  those lands which can be acquired using alternatives to fee
 3398  simple acquisition techniques and still achieve such goals. In
 3399  their evaluation of which lands would be appropriate for
 3400  acquisition through alternatives to fee simple, district staff
 3401  shall consider criteria including, but not limited to,
 3402  acquisition costs, the net present value of future land
 3403  management costs, the net present value of ad valorem revenue
 3404  loss to the local government, and the potential for revenue
 3405  generated from activities compatible with acquisition
 3406  objectives. The report shall also include a description of land
 3407  management activity. However, no acquisition of lands shall
 3408  occur without a public hearing similar to those held pursuant to
 3409  the provisions set forth in s. 120.54. In the annual update of
 3410  its 5-year plan for acquisition, each district shall identify
 3411  lands needed to protect or recharge groundwater and shall
 3412  establish a plan for their acquisition as necessary to protect
 3413  potable water supplies. Lands which serve to protect or recharge
 3414  groundwater identified pursuant to this paragraph shall also
 3415  serve to protect other valuable natural resources or provide
 3416  space for natural resource based recreation. Once all
 3417  Preservation 2000 funds allocated to the water management
 3418  districts have been expended or committed, this subsection shall
 3419  be repealed.
 3420         (3) Each district shall remove the property of an unwilling
 3421  seller from its plan of acquisition at the next scheduled update
 3422  of the plan, if in receipt of a request to do so by the property
 3423  owner. This subsection shall be repealed at the conclusion of
 3424  the Preservation 2000 program.
 3425         (4) The Secretary of Environmental Protection shall release
 3426  moneys from the Water Management Lands Trust Fund to a district
 3427  for preacquisition costs within 30 days after receipt of a
 3428  resolution adopted by the district’s governing board which
 3429  identifies and justifies any such preacquisition costs necessary
 3430  for the purchase of any lands listed in the district’s 5-year
 3431  plan. The district shall return to the department any funds not
 3432  used for the purposes stated in the resolution, and the
 3433  department shall deposit the unused funds into the Water
 3434  Management Lands Trust Fund.
 3435         (5) The Secretary of Environmental Protection shall release
 3436  to the districts moneys for management, maintenance, and capital
 3437  improvements following receipt of a resolution and request
 3438  adopted by the governing board which specifies the designated
 3439  managing agency, specific management activities, public use,
 3440  estimated annual operating costs, and other acceptable
 3441  documentation to justify release of moneys.
 3442         (6) If a district issues revenue bonds or notes under s.
 3443  373.584 prior to July 1, 1999, the district may pledge its share
 3444  of the moneys in the Water Management Lands Trust Fund as
 3445  security for such bonds or notes. The Department of
 3446  Environmental Protection shall pay moneys from the trust fund to
 3447  a district or its designee sufficient to pay the debt service,
 3448  as it becomes due, on the outstanding bonds and notes of the
 3449  district; however, such payments shall not exceed the district’s
 3450  cumulative portion of the trust fund. However, any moneys
 3451  remaining after payment of the amount due on the debt service
 3452  shall be released to the district pursuant to subsection (5).
 3453         (7) Any unused portion of a district’s share of the fund
 3454  shall accumulate in the trust fund to the credit of that
 3455  district. Interest earned on such portion shall also accumulate
 3456  to the credit of that district to be used for management,
 3457  maintenance, and capital improvements as provided in this
 3458  section. The total moneys over the life of the fund available to
 3459  any district under this section shall not be reduced except by
 3460  resolution of the district governing board stating that the need
 3461  for the moneys no longer exists. Any water management district
 3462  with fund balances in the Water Management Lands Trust Fund as
 3463  of March 1, 1999, may expend those funds for land acquisitions
 3464  pursuant to s. 373.139, or for the purpose specified in this
 3465  subsection.
 3466         (8) Moneys from the Water Management Lands Trust Fund shall
 3467  be allocated as follows:
 3468         (a) Beginning with the 2009-2010 fiscal year, thirty
 3469  percent shall be used first to pay debt service on bonds issued
 3470  before February 1, 2009, by the South Florida Water Management
 3471  District which are secured by revenues provided by this section
 3472  or to fund debt service reserve funds, rebate obligations, or
 3473  other amounts payable with respect to such bonds, then to
 3474  transfer $3,000,000 to the credit of the General Revenue Fund in
 3475  each fiscal year, and lastly to distribute the remainder to the
 3476  South Florida Water Management District.
 3477         (b) Beginning with the 2009-2010 fiscal year, twenty-five
 3478  percent shall be used first to transfer $2,500,000 to the credit
 3479  of the General Revenue Fund in each fiscal year and then to
 3480  distribute the remainder to the Southwest Florida Water
 3481  Management District.
 3482         (c) Beginning with the 2009-2010 fiscal year, twenty-five
 3483  percent shall be used first to pay debt service on bonds issued
 3484  before February 1, 2009, by the St. Johns River Water Management
 3485  District which are secured by revenues provided by this section
 3486  or to fund debt service reserve funds, rebate obligations, or
 3487  other amounts payable with respect to such bonds, then to
 3488  transfer $2,500,000 to the credit of the General Revenue Fund in
 3489  each fiscal year, and to distribute the remainder to the St.
 3490  Johns River Water Management District.
 3491         (d) Ten percent to the Suwannee River Water Management
 3492  District.
 3493         (e) Ten percent to the Northwest Florida Water Management
 3494  District.
 3495         (9) Moneys in the fund not needed to meet current
 3496  obligations incurred under this section shall be transferred to
 3497  the State Board of Administration, to the credit of the fund, to
 3498  be invested in the manner provided by law. Interest received on
 3499  such investments shall be credited to the fund.
 3500         (10)(a)Beginning July 1, 1999, not more than one-fourth of
 3501  the Funds provided for in subsections (1) and (8) in any year
 3502  shall be reserved annually by a governing board, during the
 3503  development of its annual operating budget, for payments in lieu
 3504  of taxes for all actual ad valorem tax losses incurred as a
 3505  result of all governing board acquisitions for water management
 3506  district purposes. Reserved funds not used for payments in lieu
 3507  of taxes in any year shall revert to the Water Management Lands
 3508  Trust Fund to be used in accordance with the provisions of this
 3509  section.
 3510         (2)(b) Payment in lieu of taxes shall be available:
 3511         (a)1. To all counties that have a population of 150,000 or
 3512  fewer. Population levels shall be determined pursuant to s.
 3513  186.901. The population estimates published April 1 and used in
 3514  the revenue-sharing formula pursuant to s. 186.901 shall be used
 3515  to determine eligibility under this subsection and shall apply
 3516  to payments made for the subsequent fiscal year.
 3517         (b)2. To all local governments located in eligible counties
 3518  and whose lands are bought and taken off the tax rolls.
 3519  
 3520  For properties acquired after January 1, 2000, in the event that
 3521  such properties otherwise eligible for payment in lieu of taxes
 3522  under this subsection are leased or reserved and remain subject
 3523  to ad valorem taxes, payments in lieu of taxes shall commence or
 3524  recommence upon the expiration or termination of the lease or
 3525  reservation. If the lease is terminated for only a portion of
 3526  the lands at any time, the annual payments shall be made for
 3527  that portion only commencing the year after such termination,
 3528  without limiting the requirement that annual payments shall be
 3529  made on the remaining portion or portions of the land as the
 3530  lease on each expires. For the purposes of this subsection,
 3531  “local government” includes municipalities and the county school
 3532  board.
 3533         (3)(c) If sufficient funds are unavailable in any year to
 3534  make full payments to all qualifying counties and local
 3535  governments, such counties and local governments shall receive a
 3536  pro rata share of the moneys available.
 3537         (4)(d) The payment amount shall be based on the average
 3538  amount of actual ad valorem taxes paid on the property for the 3
 3539  years preceding acquisition. Applications for payment in lieu of
 3540  taxes shall be made no later than May 31 of the year for which
 3541  payment is sought. No payment in lieu of taxes shall be made for
 3542  properties which were exempt from ad valorem taxation for the
 3543  year immediately preceding acquisition.
 3544         (5)(e) If property that was subject to ad valorem taxation
 3545  was acquired by a tax-exempt entity for ultimate conveyance to
 3546  the state under this chapter, payment in lieu of taxes shall be
 3547  made for such property based upon the average amount of ad
 3548  valorem taxes paid on the property for the 3 years prior to its
 3549  being removed from the tax rolls. The water management districts
 3550  shall certify to the Department of Revenue those properties that
 3551  may be eligible under this provision. Once eligibility has been
 3552  established, that governmental entity shall receive annual
 3553  payments for each tax loss until the qualifying governmental
 3554  entity exceeds the population threshold pursuant to subsection
 3555  (2) paragraph (b).
 3556         (6)(f) Payment in lieu of taxes pursuant to this subsection
 3557  shall be made annually to qualifying counties and local
 3558  governments after certification by the Department of Revenue
 3559  that the amounts applied for are reasonably appropriate, based
 3560  on the amount of actual ad valorem taxes paid on the eligible
 3561  property, and after the water management districts have provided
 3562  supporting documents to the Chief Financial Officer and have
 3563  requested that payment be made in accordance with the
 3564  requirements of this section. With the assistance of the local
 3565  government requesting payment in lieu of taxes, the water
 3566  management district that acquired the land is responsible for
 3567  preparing and submitting application requests for payment to the
 3568  Department of Revenue for certification.
 3569         (7)(g) If a water management district conveys to a county
 3570  or local government title to any land owned by the district, any
 3571  payments in lieu of taxes on the land made to the county or
 3572  local government shall be discontinued as of the date of the
 3573  conveyance.
 3574         (11) Notwithstanding any provision of this section to the
 3575  contrary, the governing board of a water management district may
 3576  request, and the Secretary of Environmental Protection shall
 3577  release upon such request, moneys allocated to the districts
 3578  pursuant to subsection (8) for purposes consistent with the
 3579  provisions of s. 373.709, s. 373.705, s. 373.139, or ss.
 3580  373.451-373.4595 and for legislatively authorized land
 3581  acquisition and water restoration initiatives. No funds may be
 3582  used pursuant to this subsection until necessary debt service
 3583  obligations, requirements for payments in lieu of taxes, and
 3584  land management obligations that may be required by this chapter
 3585  are provided for.
 3586         (12) Notwithstanding subsection (8), and for the 2014-2015
 3587  fiscal year only, the moneys from the Water Management Lands
 3588  Trust Fund are allocated as follows:
 3589         (a) An amount necessary to pay debt service on bonds issued
 3590  before February 1, 2009, by the South Florida Water Management
 3591  District and the St. Johns River Water Management District,
 3592  which are secured by revenues provided pursuant to this section,
 3593  or to fund debt service reserve funds, rebate obligations, or
 3594  other amounts payable with respect to such bonds.
 3595         (b) Eight million dollars to be transferred to the General
 3596  Revenue Fund.
 3597         (c) Seven million seven hundred thousand dollars to be
 3598  transferred to the Save Our Everglades Trust Fund to support
 3599  Everglades restoration projects included in the final report of
 3600  the Select Committee on Indian River Lagoon and Lake Okeechobee
 3601  Basin, dated November 8, 2013.
 3602         (d) Any remaining funds to be provided in accordance with
 3603  the General Appropriations Act.
 3604  
 3605  This subsection expires July 1, 2015.
 3606         Section 46. Section 373.5905, Florida Statutes, is amended
 3607  to read:
 3608         373.5905 Reinstatement of payments in lieu of taxes;
 3609  duration.—If a water management district has made a payment in
 3610  lieu of taxes to a governmental entity and subsequently
 3611  suspended such payment, beginning July 1, 2009, the water
 3612  management district shall reinstate appropriate payments and
 3613  continue the payments for as long as the county population
 3614  remains below the population threshold pursuant to s.
 3615  373.59(2)(a) s. 373.59(10)(b). This section does not authorize
 3616  or provide for payments in arrears.
 3617         Section 47. Subsection (8) of section 373.703, Florida
 3618  Statutes, is amended to read:
 3619         373.703 Water production; general powers and duties.—In the
 3620  performance of, and in conjunction with, its other powers and
 3621  duties, the governing board of a water management district
 3622  existing pursuant to this chapter:
 3623         (8) In addition to the power to issue revenue bonds
 3624  pursuant to s. 373.584, may issue revenue bonds for the purposes
 3625  of paying the costs and expenses incurred in carrying out the
 3626  purposes of this chapter or refunding obligations of the
 3627  district issued pursuant to this section. Such revenue bonds
 3628  shall be secured by, and be payable from, revenues derived from
 3629  the operation, lease, or use of its water production and
 3630  transmission facilities and other water-related facilities and
 3631  from the sale of water or services relating thereto. Such
 3632  revenue bonds may not be secured by, or be payable from, moneys
 3633  derived by the district from the Water Management Lands Trust
 3634  Fund or from ad valorem taxes received by the district or from
 3635  moneys appropriated by the Legislature, unless otherwise
 3636  specifically authorized by law. All provisions of s. 373.584
 3637  relating to the issuance of revenue bonds which are not
 3638  inconsistent with this section shall apply to the issuance of
 3639  revenue bonds pursuant to this section. The district may also
 3640  issue bond anticipation notes in accordance with the provisions
 3641  of s. 373.584.
 3642         Section 48. Subsection (8) of section 375.031, Florida
 3643  Statutes, is amended to read:
 3644         375.031 Acquisition of land; procedures.—
 3645         (8) The department may, if it deems it desirable and in the
 3646  best interest of the program, request the board of trustees to
 3647  sell or otherwise dispose of any lands or water storage areas
 3648  acquired under this act. The board of trustees, when so
 3649  requested, shall offer the lands or water storage areas, on such
 3650  terms as the department may determine, first to other state
 3651  agencies and then, if still available, to the county or
 3652  municipality in which the lands or water storage areas lie. If
 3653  not acquired by another state agency or local governmental body
 3654  for beneficial public purposes, the lands or water storage areas
 3655  shall then be offered by the board of trustees at public sale,
 3656  after first giving notice of such sale by publication in a
 3657  newspaper published in the county or counties in which such
 3658  lands or water storage areas lie not less than once a week for 3
 3659  consecutive weeks. All proceeds from the sale or disposition of
 3660  any lands or water storage areas pursuant to this section shall
 3661  be deposited into the appropriate trust fund pursuant to s.
 3662  253.034(6)(k), (l), or (m) in the Land Acquisition Trust Fund.
 3663         Section 49. Section 375.041, Florida Statutes, is amended
 3664  to read:
 3665         375.041 Land Acquisition Trust Fund.—
 3666         (1) There is created a Land Acquisition Trust Fund within
 3667  the Department of Environmental Protection. The Land Acquisition
 3668  Trust Fund is designated by s. 28, Art. X of the State
 3669  Constitution for receipt of certain documentary stamp tax
 3670  revenue for the uses prescribed therein to facilitate and
 3671  expedite the acquisition of land, water areas, and related
 3672  resources required to accomplish the purposes of this act. The
 3673  Land Acquisition Trust Fund shall be held and administered by
 3674  the department. All moneys and revenue from the operation,
 3675  management, sale, lease, or other disposition of land, water
 3676  areas, or related resources acquired on or after July 1, 2015,
 3677  under the Florida Forever Program, and the facilities thereon
 3678  acquired or constructed under this act shall be deposited into
 3679  in or credited to the Land Acquisition Trust Fund or, if
 3680  required by bond covenants, into the trust fund from which the
 3681  lands were purchased. Moneys accruing to any agency for the
 3682  purposes enumerated in this act may be deposited in this fund.
 3683  There shall also be deposited into the Land Acquisition Trust
 3684  Fund other moneys as authorized by appropriate act of the
 3685  Legislature. All moneys so deposited into the Land Acquisition
 3686  Trust Fund shall be trust funds for the uses and purposes herein
 3687  set forth, within the meaning of s. 215.32(1)(b); and such
 3688  moneys shall not become or be commingled with the General
 3689  Revenue Fund of the state, as defined by s. 215.32(1)(a).
 3690         (2) Funds distributed into The moneys on deposit in the
 3691  Land Acquisition Trust Fund pursuant to s. 201.15(1) shall be
 3692  first applied first to:
 3693         (a) Pay debt service or to fund debt service reserve funds,
 3694  rebate obligations, or other amounts payable with respect to
 3695  Florida Forever bonds issued under s. 215.63; pay into the State
 3696  Treasury to the credit of the Save Our Everglades Trust Fund
 3697  amounts necessary to pay debt service, provide reserves, and pay
 3698  rebate obligations and other amounts due with respect to bonds
 3699  issued under s. 215.619; and pay debt service or funding of debt
 3700  service reserve funds, rebate obligations, or other amounts
 3701  payable with respect to the bonds issued under s. 373.584; and
 3702         (b) Distribute $32 million to the South Florida Water
 3703  Management District for the Long-Term Plan as defined in s.
 3704  373.4592(2). This paragraph expires July 1, 2024 pay the rentals
 3705  due under lease-purchase agreements or to meet debt service
 3706  requirements of revenue bonds issued pursuant to s. 375.051;
 3707  provided, however, that debt service on Save Our Coast bonds
 3708  shall not be paid from moneys transferred to the Land
 3709  Acquisition Trust Fund pursuant to s. 259.032(2)(b).
 3710         (3)(a) Any remaining moneys in the Land Acquisition Trust
 3711  Fund which are not distributed pledged for rentals or debt
 3712  service as provided in subsection (2) may be expended from time
 3713  to time for the purposes set forth in s. 28, Art. X of the State
 3714  Constitution to acquire land, water areas, and related resources
 3715  and to construct, improve, enlarge, extend, operate, and
 3716  maintain capital improvements and facilities in accordance with
 3717  the plan. Moneys accruing to other agencies for the purposes
 3718  designated in subsection (1) shall be transferred pursuant to
 3719  nonoperating budget authority under s. 216.181(12). Agencies
 3720  shall maintain the integrity of such transferred moneys. Any
 3721  transferred moneys available from reversions or reductions of
 3722  budget authority in the other agencies shall be transferred back
 3723  to the Land Acquisition Trust Fund in the Department of
 3724  Environmental Protection within 15 days after such reversion or
 3725  reduction and must be available for future appropriation
 3726  pursuant to s. 28, Art. X of the State Constitution.
 3727         (b) In addition to the uses allowed under paragraph (a),
 3728  for the 2014-2015 fiscal year, moneys in the Land Acquisition
 3729  Trust Fund may be transferred to support the Total Maximum Daily
 3730  Loads Program as provided in the General Appropriations Act.
 3731  This paragraph expires July 1, 2015.
 3732         (c) For the 2014-2015 fiscal year only, moneys in the Land
 3733  Acquisition Trust Fund may be transferred to the Save Our
 3734  Everglades Trust Fund to support Everglades restoration projects
 3735  included in the final report of the Select Committee on Indian
 3736  River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,
 3737  and to the Florida Forever Trust Fund for the Florida Forever
 3738  program pursuant to nonoperating budget authority under s.
 3739  216.181(12). This paragraph expires July 1, 2015.
 3740         (4) The department may disburse moneys in the Land
 3741  Acquisition Trust Fund to pay all necessary expenses to carry
 3742  out the purposes of this act. The department shall disburse
 3743  moneys from the Land Acquisition Trust Fund to the Fish and
 3744  Wildlife Conservation Commission for the purpose of funding law
 3745  enforcement services on state lands.
 3746         (4)(5) When the Legislature has authorized the Department
 3747  of Environmental Protection to condemn a specific parcel of land
 3748  and such parcel already has been approved for acquisition
 3749  through the fund, the land may be acquired in accordance with
 3750  the provisions of chapter 73 or chapter 74, and the fund may be
 3751  used to pay the condemnation award and all costs, including a
 3752  reasonable attorney attorney’s fee, associated with
 3753  condemnation.
 3754         Section 50. Subsection (2) of section 375.044, Florida
 3755  Statutes, is amended to read:
 3756         375.044 Land Acquisition Trust Fund budget request.—
 3757         (2) The legislative budget request shall be submitted to
 3758  the Executive Office of the Governor and the Legislature in
 3759  conjunction with the provisions of ss. 216.023, 216.031, and
 3760  216.043. The 10-year request shall include, but need shall not
 3761  be limited to:
 3762         (a) A 10-year annual cash-flow analysis of the Land
 3763  Acquisition Trust Fund.
 3764         (b) The requested schedule of the agency for issuance of
 3765  Save Our Coasts bonds.
 3766         (b)(c) Forecasts of anticipated revenues to the Land
 3767  Acquisition Trust Fund.
 3768         (c)(d) The estimate of the agency of Land Acquisition Trust
 3769  Fund encumbrances and commitments for each year and the
 3770  corresponding estimates of expenditures.
 3771         Section 51. Section 375.045, Florida Statutes, is repealed.
 3772         Section 52. Subsection (1) and paragraph (c) of subsection
 3773  (2) of section 375.075, Florida Statutes, are amended to read:
 3774         375.075 Outdoor recreation; financial assistance to local
 3775  governments.—
 3776         (1) The Department of Environmental Protection is
 3777  authorized to establish the Florida Recreation Development
 3778  Assistance Program to provide grants subject to legislative
 3779  appropriation to qualified local governmental entities to
 3780  acquire or develop land for public outdoor recreation purposes.
 3781  To the extent not needed for debt service on bonds issued
 3782  pursuant to s. 375.051, each year the department shall develop
 3783  and plan a program which shall be based upon funding of not less
 3784  than 5 percent of the money credited to the Land Acquisition
 3785  Trust Fund pursuant to s. 201.15(2) and (3) in that year. The
 3786  department shall develop and plan a program that must which
 3787  shall be based upon the cumulative total funding appropriated by
 3788  the Legislature for such purpose provided from this section and
 3789  from the Florida Forever Trust Fund pursuant to s.
 3790  259.105(3)(d).
 3791         (2)
 3792         (c) Funds may not be released under No release of funds
 3793  from the Land Acquisition Trust Fund, or from the Florida
 3794  Forever Trust Fund beginning in fiscal year 2001-2002, for this
 3795  program may be made for these public recreation projects until
 3796  the projects have been selected through the competitive
 3797  selection process provided for in this section.
 3798         Section 53. Section 376.11, Florida Statutes, is amended to
 3799  read:
 3800         376.11 Florida Coastal Protection Trust Fund.—
 3801         (1) The purpose of this section is to provide a mechanism
 3802  to have financial resources immediately available for prevention
 3803  of, and cleanup and rehabilitation after, a pollutant discharge,
 3804  to prevent further damage by the pollutant, and to pay for
 3805  damages. It is the legislative intent that this section be
 3806  liberally construed to effect the purposes set forth, such
 3807  interpretation being especially imperative in light of the
 3808  danger to the environment and resources.
 3809         (2) The Florida Coastal Protection Trust Fund is
 3810  established, to be used by the department and the Fish and
 3811  Wildlife Conservation Commission as a nonlapsing revolving fund
 3812  for carrying out the purposes of ss. 376.011-376.21.
 3813         (3)The following funds shall be deposited into the Florida
 3814  Coastal Protection Trust Fund: To this fund shall be credited
 3815         (a) All registration fees, penalties, judgments, damages
 3816  recovered pursuant to s. 376.121, other fees and charges related
 3817  to ss. 376.011-376.21, and the excise tax revenues levied,
 3818  collected, and credited pursuant to ss. 206.9935(1) and
 3819  206.9945(1)(a);
 3820         (b) Proceeds of fines and awards of damages pursuant to s.
 3821  161.054; and
 3822         (c) Funds from other sources otherwise specified by law.
 3823         (4) Charges against the fund shall be in accordance with
 3824  this section.
 3825         (5)(3) Moneys in the fund that are not needed currently to
 3826  meet the obligations of the department in the exercise of its
 3827  responsibilities under ss. 376.011-376.21 shall be deposited
 3828  with the Chief Financial Officer to the credit of the fund and
 3829  may be invested in such manner as is provided for by statute.
 3830  Interest received on such investment shall be credited to the
 3831  fund, except as otherwise specified herein.
 3832         (6)(4) Moneys in the Florida Coastal Protection Trust Fund
 3833  may shall be used disbursed for the following purposes and no
 3834  others:
 3835         (a) Carrying out the purposes of ss. 376.011-376.21.
 3836         (b)(a) Administrative expenses, personnel expenses, and
 3837  equipment costs of the department and the Fish and Wildlife
 3838  Conservation Commission related to the enforcement of ss.
 3839  376.011-376.21.
 3840         (c)(b) All costs involved in the prevention and abatement
 3841  of pollution related to the discharge of pollutants covered by
 3842  ss. 376.011-376.21 and the abatement of other potential
 3843  pollution hazards as authorized herein.
 3844         (d)(c) All costs and expenses of the cleanup, restoration,
 3845  and rehabilitation of waterfowl, wildlife, and all other natural
 3846  resources damaged by the discharge of pollutants, including the
 3847  costs of assessing and recovering damages to natural resources,
 3848  whether performed or authorized by the department or any other
 3849  state or local agency.
 3850         (e)(d) All provable costs and damages which are the
 3851  proximate results of the discharge of pollutants covered by ss.
 3852  376.011-376.21.
 3853         (f)(e) Loans to the Inland Protection Trust Fund created in
 3854  s. 376.3071.
 3855         (g)(f) The interest earned from investments of the balance
 3856  in the Florida Coastal Protection Trust Fund shall be used for
 3857  funding the administrative expenses, personnel expenses, and
 3858  equipment costs of the department relating to the enforcement of
 3859  ss. 376.011-376.21.
 3860         (h)(g) The funding of a grant program to local governments,
 3861  pursuant to s. 376.15(3)(d) and (e), for the removal of derelict
 3862  vessels from the public waters of the state.
 3863         (i)(h) The department may spend up to $1 million per year
 3864  from the principal of the fund to acquire, design, train, and
 3865  maintain emergency cleanup response teams and equipment located
 3866  at appropriate ports throughout the state for the purpose of
 3867  cleaning oil and other toxic materials from coastal waters. When
 3868  the teams and equipment are not needed for these purposes they
 3869  may be used for any other valid purpose of the department.
 3870         (j)(i) To provide a temporary transfer of funds in an
 3871  amount not to exceed $10 million to the Minerals Trust Fund as
 3872  set forth in s. 376.40.
 3873         (k)(j) Funding for marine law enforcement.
 3874         (7)(5) Any interest in lands acquired using moneys in the
 3875  Florida Coastal Protection Trust Fund shall be held by the
 3876  Trustees of the Internal Improvement Trust Fund, and such lands
 3877  shall be acquired pursuant to the procedures set forth in s.
 3878  253.025.
 3879         (8)(6) The department shall recover to the use of the fund
 3880  from the person or persons causing the discharge or from the
 3881  Federal Government, jointly and severally, all sums owed or
 3882  expended from the fund, pursuant to s. 376.123(10), except that
 3883  recoveries resulting from damage due to a discharge of a
 3884  pollutant or other similar disaster shall be apportioned between
 3885  the Florida Coastal Protection Trust Fund and the General
 3886  Revenue Fund so as to repay the full costs to the General
 3887  Revenue Fund of any sums disbursed therefrom as a result of such
 3888  disaster. Requests for reimbursement to the fund for the above
 3889  costs, if not paid within 30 days of demand, shall be turned
 3890  over to the Department of Legal Affairs for collection.
 3891         Section 54. Subsection (8) of section 376.123, Florida
 3892  Statutes, is amended to read:
 3893         376.123 Claims against the Florida Coastal Protection Trust
 3894  Fund.—
 3895         (8) If a person chooses to make a claim against the fund
 3896  and accepts payment from, or a judgment against, the fund, then
 3897  the department shall be subrogated to any cause of action that
 3898  the claimant may have had, to the extent of such payment or
 3899  judgment, and shall diligently pursue recovery on that cause of
 3900  action pursuant to subsection (10) and s. 376.11(8) s.
 3901  376.11(6). In any such action, the amount of damages shall be
 3902  proved by the department by submitting to the court a written
 3903  report of the amounts paid or owed from the fund to claimants.
 3904  Such written report shall be admissible as evidence, and the
 3905  amounts paid from or owed by the fund to the claimants stated
 3906  therein shall be irrebuttably presumed to be the amount of
 3907  damages.
 3908         Section 55. Paragraphs (g) through (m) are added to
 3909  subsection (1) of section 376.307, Florida Statutes, subsection
 3910  (4) of that section is amended, and subsection (8) is added to
 3911  that section, to read:
 3912         376.307 Water Quality Assurance Trust Fund.—
 3913         (1) The Water Quality Assurance Trust Fund is intended to
 3914  serve as a broad-based fund for use in responding to incidents
 3915  of contamination that pose a serious danger to the quality of
 3916  groundwater and surface water resources or otherwise pose a
 3917  serious danger to the public health, safety, or welfare. Moneys
 3918  in this fund may be used:
 3919         (g) For detailed planning for and implementation of
 3920  programs for the management and restoration of ecosystems.
 3921         (h)For development and implementation of surface water
 3922  improvement and management plans and programs under ss. 373.451
 3923  373.4595.
 3924         (i) For activities to restore polluted areas of the state,
 3925  as defined by the department, to their condition before
 3926  pollution occurred or to otherwise enhance pollution control
 3927  activities.
 3928         (j)For activities undertaken by the department to recover
 3929  moneys as a result of actions against a person for a violation
 3930  of chapter 373.
 3931         (k)Funding activities described in s. 403.086(9) which are
 3932  authorized for implementation under the Leah Schad Memorial
 3933  Ocean Outfall Program.
 3934         (l) Funding activities to restore or rehabilitate injured
 3935  or destroyed coral reefs.
 3936         (m) For paying the outstanding and final debt service on
 3937  bonds issued before February 1, 2009, by the South Florida Water
 3938  Management District and the St. Johns River Water Management
 3939  District which are secured by revenues provided pursuant to
 3940  former s. 373.59, Florida Statutes 2014, or to fund debt service
 3941  reserve funds, rebate obligations, or other amounts payable with
 3942  respect to such bonds. This paragraph expires August 1, 2016.
 3943         (4) The trust fund shall be funded as follows:
 3944         (a) An annual transfer of interest funds from the Florida
 3945  Coastal Protection Trust Fund pursuant to s. 376.11(6)(g) s.
 3946  376.11(4)(f).
 3947         (b) All excise taxes levied, collected, and credited to the
 3948  Water Quality Assurance Trust Fund in accordance with the
 3949  provisions of ss. 206.9935(2) and 206.9945(1)(b).
 3950         (c) All penalties, judgments, recoveries, reimbursements,
 3951  and other fees and charges related to the enforcement of ss.
 3952  376.30-376.317, other than penalties, judgments, and other fees
 3953  and charges related to the enforcement of ss. 376.3071 and
 3954  376.3073.
 3955         (d) The fee on the retail sale of lead-acid batteries
 3956  credited to the Water Quality Assurance Trust Fund under s.
 3957  403.7185.
 3958         (e) All penalties, judgments, recoveries, reimbursements,
 3959  loans, and other fees and charges collected under s. 376.3078;
 3960  tax revenues levied, collected, and credited under ss. 376.70
 3961  and 376.75; and registration fees collected under s.
 3962  376.303(1)(d).
 3963         (f) All civil penalties recovered pursuant to s.
 3964  373.129(5)(a).
 3965         (g) Funds appropriated by the Legislature for the purposes
 3966  of ss. 373.451-373.4598.
 3967         (h) Moneys collected pursuant to s. 403.121 and designated
 3968  for deposit into the Water Quality Assurance Trust Fund.
 3969         (i) Moneys recovered by the state as a result of actions
 3970  against a person for a violation of chapter 373 or chapter 403
 3971  initiated by the department.
 3972         (j) Damages recovered for coral reef protection pursuant to
 3973  s. 403.93345.
 3974         (k) Funds available for the Leah Schad Memorial Ocean
 3975  Outfall Program pursuant to s. 403.08601.
 3976         (l)Funds received by the state for injury to or
 3977  destruction of coral reefs, which moneys would otherwise be
 3978  deposited into the General Revenue Fund or the Internal
 3979  Improvement Trust Fund. The department may enter into settlement
 3980  agreements that require responsible parties to pay a third party
 3981  to fund projects related to the restoration of a coral reef, to
 3982  accomplish mitigation for injury to a coral reef, or to support
 3983  the activities of law enforcement agencies related to coral reef
 3984  injury response, investigation, and assessment. Participation of
 3985  a law enforcement agency in the receipt of funds through this
 3986  mechanism shall be at the law enforcement agency’s discretion.
 3987         (m) Moneys from sources otherwise specified by law.
 3988         (8) A settlement entered into by the department may not
 3989  limit the Legislature’s authority to appropriate moneys from the
 3990  trust fund; however, the department may enter into a settlement
 3991  in which the department agrees to request that moneys received
 3992  pursuant to the settlement will be included in its legislative
 3993  budget request for purposes set out in the settlement; and
 3994  further, the department may enter into a settlement in cases
 3995  involving joint enforcement with the Hillsborough County
 3996  pollution control program, as a program approved by the
 3997  department pursuant to s. 403.182, in which the department
 3998  agrees that moneys are to be deposited into that local program’s
 3999  pollution recovery fund and used for projects directed toward
 4000  addressing the environmental damage that was the cause of action
 4001  for which funds were received.
 4002         Section 56. Subsection (4) of section 376.40, Florida
 4003  Statutes, is amended to read:
 4004         376.40 Petroleum exploration and production; purposes;
 4005  funding.—
 4006         (4) FUNDING.—There shall be deposited in the Minerals Trust
 4007  Fund:
 4008         (a) All fees charged permittees under ss. 377.24(1),
 4009  377.2408(1), and 377.2425(1)(b).
 4010         (b) All penalties, judgments, recoveries, reimbursements,
 4011  and other fees and charges related to the implementation of this
 4012  section.
 4013         (c) Any other funds required to be deposited in the trust
 4014  fund under provisions of law.
 4015  
 4016  If moneys on deposit in the trust fund are not sufficient to
 4017  satisfy the needed remedial or corrective action, and if the
 4018  responsible party does not take remedial and corrective action
 4019  in a timely manner or if a catastrophic event occurs, a
 4020  temporary transfer of the required amount, or a maximum of $10
 4021  million, from the Florida Coastal Protection Trust Fund pursuant
 4022  to s. 376.11(6)(j) s. 376.11(4)(i) is authorized. The Florida
 4023  Coastal Protection Trust Fund shall be reimbursed immediately
 4024  upon deposit into the Minerals Trust Fund of moneys referred to
 4025  in paragraph (b).
 4026         Section 57. Section 379.202, Florida Statutes, is repealed.
 4027         Section 58. Subsection (2) of section 379.206, Florida
 4028  Statutes, is amended to read:
 4029         379.206 Grants and Donations Trust Fund.—
 4030         (2) The fund is established for use as a depository for
 4031  funds to be used for allowable grant and donor agreement
 4032  activities funded by restricted contractual revenue. Moneys to
 4033  be credited to the trust fund shall consist of grants and
 4034  donations from private and public nonfederal sources,
 4035  development-of-regional-impact wildlife mitigation
 4036  contributions, interest earnings, and cash advances from other
 4037  trust funds.
 4038         Section 59. Section 379.212, Florida Statutes, is amended
 4039  to read:
 4040         379.212 Land Acquisition Trust Fund.—
 4041         (1)(a) There is established within the Fish and Wildlife
 4042  Conservation Commission the Land Acquisition Trust Fund to
 4043  implement s. 28, Art. X of the State Constitution for the
 4044  purpose of acquiring, assisting other agencies or local
 4045  governments in acquiring, or managing lands important to the
 4046  conservation of fish and wildlife.
 4047         (b) The Fish and Wildlife Conservation Commission or its
 4048  designee shall manage such lands for the primary purpose of
 4049  maintaining and enhancing their habitat value for fish and
 4050  wildlife. Other uses may be allowed that are not contrary to
 4051  this purpose.
 4052         (c) If Where acquisition pursuant to this section will
 4053  result in state ownership of land, title shall be vested in the
 4054  Board of Trustees of the Internal Improvement Trust Fund as
 4055  required in chapter 253. Land acquisition pursuant to this
 4056  section shall be voluntary, negotiated acquisition and, if where
 4057  title is to be vested in the Board of Trustees of the Internal
 4058  Improvement Trust Fund, is subject to the acquisition procedures
 4059  of s. 253.025.
 4060         (d) Acquisition costs shall include purchase prices and
 4061  costs and fees associated with title work, surveys, and
 4062  appraisals required to complete an acquisition.
 4063         (2) The fund may be credited with funds transferred from
 4064  the Land Acquisition Trust Fund within the Department of
 4065  Environmental Protection as provided in s. 375.041 Moneys which
 4066  may be deposited into the Land Acquisition Trust Fund for the
 4067  purposes of this section may include, but not be limited to,
 4068  donations, grants, development-of-regional-impact wildlife
 4069  mitigation contributions, or legislative appropriations.
 4070  Preservation 2000 acquisition moneys and Conservation and
 4071  Recreation Lands management moneys shall not be deposited into
 4072  this fund.
 4073         (3) The Fish and Wildlife Conservation Commission shall
 4074  maintain the integrity of such moneys transferred from the
 4075  Department of Environmental Protection. Any transferred moneys
 4076  available from reversions and reductions in budget authority
 4077  shall be transferred back to the Land Acquisition Trust Fund in
 4078  the Department of Environmental Protection within 15 days after
 4079  such reversion or reduction and must be available for future
 4080  appropriation pursuant to s. 28, Art. X of the State
 4081  Constitution.
 4082         Section 60. Effective upon becoming a law, all undisbursed,
 4083  unobligated balances and all certified forward appropriations
 4084  remaining in the Land Acquisition Trust Fund within the Fish and
 4085  Wildlife Conservation Commission on June 30, 2015, shall be
 4086  transferred to the Grants and Donations Trust Fund, FLAIR number
 4087  77-2-339, within the Fish and Wildlife Conservation Commission.
 4088         Section 61. Subsection (2) of section 379.214, Florida
 4089  Statutes, is amended to read:
 4090         379.214 Invasive Plant Control Trust Fund.—
 4091         (2) Funds to be credited to and uses of the trust fund
 4092  shall be administered in accordance with the provisions of ss.
 4093  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
 4094         Section 62. Subsection (3) of section 379.362, Florida
 4095  Statutes, is amended to read:
 4096         379.362 Wholesale and retail saltwater products dealers;
 4097  regulation.—
 4098         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
 4099  Department of Agriculture and Consumer Services shall use or
 4100  distribute funds appropriated from the Land Acquisition Trust
 4101  Fund within the department paid into the State Treasury to the
 4102  credit of the General Inspection Trust Fund pursuant to s.
 4103  201.15, less reasonable costs of administration, to fund the
 4104  following oyster management and restoration programs in
 4105  Apalachicola Bay and other oyster harvest areas in the state:
 4106         (a) The relaying and transplanting of live oysters.
 4107         (b) Shell planting to construct or rehabilitate oyster
 4108  bars.
 4109         (c) Education programs for licensed oyster harvesters on
 4110  oyster biology, aquaculture, boating and water safety,
 4111  sanitation, resource conservation, small business management,
 4112  and other relevant subjects.
 4113         (d) Research directed toward the enhancement of oyster
 4114  production in the bay and the water management needs of the bay.
 4115         Section 63. Subsection (12) of section 380.0666, Florida
 4116  Statutes, is amended to read:
 4117         380.0666 Powers of land authority.—The land authority shall
 4118  have all the powers necessary or convenient to carry out and
 4119  effectuate the purposes and provisions of this act, including
 4120  the following powers, which are in addition to all other powers
 4121  granted by other provisions of this act:
 4122         (12) To identify parcels of land within the area or areas
 4123  of critical state concern that would be appropriate acquisitions
 4124  by the state from the Conservation and Recreational Lands Trust
 4125  Fund and recommend such acquisitions to the advisory council
 4126  established pursuant to s. 259.035 or its successor.
 4127         Section 64. Section 380.0677, Florida Statutes, is
 4128  repealed.
 4129         Section 65. Subsection (11) of section 380.507, Florida
 4130  Statutes, is amended to read:
 4131         380.507 Powers of the trust.—The trust shall have all the
 4132  powers necessary or convenient to carry out the purposes and
 4133  provisions of this part, including:
 4134         (11) To make rules necessary to carry out the purposes of
 4135  this part and to exercise any power granted in this part,
 4136  pursuant to the provisions of chapter 120. The trust shall adopt
 4137  rules governing the acquisition of lands with using proceeds
 4138  from the Preservation 2000 Trust Fund and the Florida Forever
 4139  Trust Fund, consistent with the intent expressed in the Florida
 4140  Forever Act. Such rules for land acquisition must include, but
 4141  are not limited to, procedures for appraisals and
 4142  confidentiality consistent with ss. 125.355(1)(a) and (b) and
 4143  166.045(1)(a) and (b), a method of determining a maximum
 4144  purchase price, and procedures to assure that the land is
 4145  acquired in a voluntarily negotiated transaction, surveyed,
 4146  conveyed with marketable title, and examined for hazardous
 4147  materials contamination. Land acquisition procedures of a local
 4148  land authority created pursuant to s. 380.0663 or s. 380.0677
 4149  may be used for the land acquisition programs described in
 4150  former s. by ss. 259.101(3)(c), Florida Statutes 2014, and in s.
 4151  259.105 if within areas of critical state concern designated
 4152  pursuant to s. 380.05, subject to approval of the trust.
 4153         Section 66. Subsection (4) of section 380.508, Florida
 4154  Statutes, is amended to read:
 4155         380.508 Projects; development, review, and approval.—
 4156         (4) Projects or activities which the trust undertakes,
 4157  coordinates, or funds in any manner shall comply with the
 4158  following guidelines:
 4159         (a) The purpose of redevelopment projects shall be to
 4160  restore areas which are adversely affected by scattered
 4161  ownership, poor lot layout, inadequate park and open space,
 4162  incompatible land uses, or other conditions which endanger the
 4163  environment or impede orderly development. Grants and loans
 4164  awarded for redevelopment projects shall be used for assembling
 4165  parcels of land within redevelopment project areas for the
 4166  redesign of such areas and for the installation of public
 4167  improvements required to serve such areas. After redesign and
 4168  installation of public improvements, if any, lands in
 4169  redevelopment projects, with the exception of lands acquired for
 4170  public purposes, shall be conveyed to any person for development
 4171  in accordance with a redevelopment project plan approved
 4172  according to this part.
 4173         (b) The purpose of resource enhancement projects shall be
 4174  to enhance natural resources which, because of indiscriminate
 4175  dredging or filling, improper location of improvements, natural
 4176  or human-induced events, or incompatible land uses, have
 4177  suffered loss of natural and scenic values. Grants and loans
 4178  awarded for resource enhancement projects shall be used for the
 4179  assembly of parcels of land to improve resource management, for
 4180  relocation of improperly located or designed improvements, and
 4181  for other corrective measures which will enhance the natural and
 4182  scenic character of project areas.
 4183         (c) The purpose of public access projects shall be to
 4184  acquire interests in and initially develop lands which are
 4185  suitable for and which will be used for public accessways to
 4186  surface waters. The trust shall identify local governments and
 4187  nonprofit organizations which will accept responsibility for
 4188  maintenance and liability for public accessways which are
 4189  located outside the state park system. The trust may lease any
 4190  public access site developed under this part to a local
 4191  government or nonprofit organization, provided that the
 4192  conditions of the lease guarantee public use of the site. The
 4193  trust may accept, from any local government or nonprofit
 4194  organization, fees collected for providing public access to
 4195  surface waters. The trust shall expend any such funds it accepts
 4196  only for acquisition, development, and maintenance of such
 4197  public accessways. To the maximum extent possible, the trust
 4198  shall expend such fees in the general area where they are
 4199  collected or in areas where public access to surface waters is
 4200  clearly deficient. The trust may transfer funds, including such
 4201  fees, to a local government or nonprofit organization to acquire
 4202  public access sites. In developing or coordinating public access
 4203  projects, the trust shall ensure that project plans involving
 4204  beach access are consistent with state laws governing beach
 4205  access.
 4206         (d) The purpose of urban waterfront restoration projects
 4207  shall be to restore deteriorated or deteriorating urban
 4208  waterfronts for public use and enjoyment. Urban waterfront
 4209  restoration projects shall include public access sites.
 4210         (e) The purpose of working waterfront projects shall be to
 4211  restore and preserve working waterfronts as provided in s.
 4212  380.5105.
 4213         (f) The trust shall cooperate with local governments, state
 4214  agencies, federal agencies, and nonprofit organizations in
 4215  ensuring the reservation of lands for parks, recreation, fish
 4216  and wildlife habitat, historical preservation, or scientific
 4217  study. If In the event that any local government, state agency,
 4218  federal agency, or nonprofit organization is unable, due to
 4219  limited financial resources or other circumstances of a
 4220  temporary nature, to acquire a site for the purposes described
 4221  in this paragraph, the trust may acquire and hold the site for
 4222  subsequent conveyance to the appropriate governmental agency or
 4223  nonprofit organization. The trust may provide such technical
 4224  assistance as is required to aid local governments, state and
 4225  federal agencies, and nonprofit organizations in completing
 4226  acquisition and related functions. The trust may shall not
 4227  reserve lands acquired in accordance with this paragraph for
 4228  more than 5 years from the time of acquisition. A local
 4229  government, federal or state agency, or nonprofit organization
 4230  may acquire the land at any time during this period for public
 4231  purposes. The purchase price shall be based upon the trust’s
 4232  cost of acquisition, plus administrative and management costs in
 4233  reserving the land. The payment of the this purchase price shall
 4234  be by money, trust-approved property of an equivalent value, or
 4235  a combination of money and trust-approved property. If, after
 4236  the 5-year period, the trust has not sold to a governmental
 4237  agency or nonprofit organization land acquired for site
 4238  reservation, the trust shall dispose of such land at fair market
 4239  value or shall trade it for other land of comparable value which
 4240  will serve to accomplish the purposes of this part. Any proceeds
 4241  from the sale of such land shall be deposited into in the
 4242  appropriate Florida Communities trust fund pursuant to s.
 4243  253.034(6)(k), (l), or (m). All moneys and revenue from the
 4244  operation, management, lease, or other disposition of land,
 4245  water areas, related resources, and the facilities thereon
 4246  acquired or constructed under this part shall be credited to or
 4247  deposited into the Internal Improvement Trust Fund.
 4248  
 4249  Project costs may include costs of providing parks, open space,
 4250  public access sites, scenic easements, and other areas and
 4251  facilities serving the public where such features are part of a
 4252  project plan approved according to this part. In undertaking or
 4253  coordinating projects or activities authorized by this part, the
 4254  trust shall, when appropriate, use and promote the use of
 4255  creative land acquisition methods, including the acquisition of
 4256  less than fee interest through, among other methods,
 4257  conservation easements, transfer of development rights, leases,
 4258  and leaseback arrangements. The trust also shall assist local
 4259  governments in the use of sound alternative methods of financing
 4260  for funding projects and activities authorized under by this
 4261  part. Any funds over and above eligible project costs, which
 4262  remain after completion of a project approved according to this
 4263  part, shall be transmitted to the state and deposited into in
 4264  the Florida Forever Florida Communities Trust Fund.
 4265         Section 67. Paragraph (f) of subsection (3) and subsections
 4266  (5) and (7) of section 380.510, Florida Statutes, are amended to
 4267  read:
 4268         380.510 Conditions of grants and loans.—
 4269         (3) In the case of a grant or loan for land acquisition,
 4270  agreements shall provide all of the following:
 4271         (f) The term of any grant using funds received from the
 4272  Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
 4273  shall be for a period not to exceed 24 months. The governing
 4274  board of the trust may offer a grant with a shorter term and may
 4275  extend a grant beyond 24 months when the grant recipient
 4276  demonstrates that significant progress is being made toward
 4277  closing the project or that extenuating circumstances warrant an
 4278  extension of time. If a local government project which was
 4279  awarded a grant is not closed within 24 months and the governing
 4280  board of the trust does not grant an extension, the grant
 4281  reverts to the trust’s unencumbered balance of Preservation 2000
 4282  funds to be redistributed to other eligible projects. The local
 4283  government may reapply for a grant to fund the project in the
 4284  trust’s next application cycle.
 4285  
 4286  Any deed or other instrument of conveyance whereby a nonprofit
 4287  organization or local government acquires real property under
 4288  this section shall set forth the interest of the state. The
 4289  trust shall keep at least one copy of any such instrument and
 4290  shall provide at least one copy to the Board of Trustees of the
 4291  Internal Improvement Trust Fund.
 4292         (5) Any funds the trust collects from a nonprofit
 4293  organization or local government under a grant or loan agreement
 4294  shall be deposited into in the Internal Improvement Florida
 4295  Communities Trust Fund within the Department of Environmental
 4296  Protection.
 4297         (7) Any funds received by the trust from the Preservation
 4298  2000 Trust Fund pursuant to s. 259.105(3)(c) or s. 375.041 s.
 4299  259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.
 4300  259.105(3)(c) shall be held separate and apart from any other
 4301  funds held by the trust and shall be used for the land
 4302  acquisition purposes of this part. In addition to the other
 4303  conditions set forth in this section, the disbursement of
 4304  Preservation 2000 and Florida Forever funds from the trust shall
 4305  be subject to the following conditions:
 4306         (a) The administration and use of Florida Forever any funds
 4307  are received by the trust from the Preservation 2000 Trust Fund
 4308  and the Florida Forever Trust Fund shall be subject to such
 4309  terms and conditions imposed thereon by the agency of the state
 4310  responsible for the bonds, the proceeds of which are deposited
 4311  into in the Preservation 2000 Trust Fund and the Florida Forever
 4312  Trust Fund, including restrictions imposed to ensure that the
 4313  interest on any such bonds issued by the state as tax-exempt
 4314  bonds is will not be included in the gross income of the holders
 4315  of such bonds for federal income tax purposes.
 4316         (b) All deeds or leases with respect to any real property
 4317  acquired with funds received by the trust from the Preservation
 4318  2000 Trust Fund, the Florida Forever Trust Fund, or the Land
 4319  Acquisition Trust Fund must shall contain such covenants and
 4320  restrictions as are sufficient to ensure that the use of such
 4321  real property at all times complies with s. 375.051 and s. 9,
 4322  Art. XII of the State Constitution. Each deed All deeds or lease
 4323  leases with respect to any real property acquired with funds
 4324  received by the trust from the Florida Forever Trust Fund before
 4325  July 1, 2015, must shall contain such covenants and restrictions
 4326  as are sufficient to ensure that the use of such real property
 4327  at all times complies with s. 11(e), Art. VII of the State
 4328  Constitution. Each deed or lease with respect to any real
 4329  property acquired with funds received by the trust from the
 4330  Florida Forever Trust Fund after July 1, 2015, must contain
 4331  covenants and restrictions sufficient to ensure that the use of
 4332  such real property at all times complies with s. 28, Art. X of
 4333  the State Constitution. Each deed or lease must shall contain a
 4334  reversion, conveyance, or termination clause that vests will
 4335  vest title in the Board of Trustees of the Internal Improvement
 4336  Trust Fund if any of the covenants or restrictions are violated
 4337  by the titleholder or leaseholder or by some third party with
 4338  the knowledge of the titleholder or leaseholder.
 4339         Section 68. Section 380.511, Florida Statutes, is repealed.
 4340         Section 69. Subsection (2) of section 403.0615, Florida
 4341  Statutes, is amended to read:
 4342         403.0615 Water resources restoration and preservation.—
 4343         (2) Subject to specific legislative appropriation, the
 4344  department shall establish a program to assist in the
 4345  restoration and preservation of bodies of water and to enhance
 4346  existing public access when deemed necessary for the enhancement
 4347  of the restoration effort. This program shall be funded from the
 4348  General Revenue Fund, from funds available from the Ecosystem
 4349  Management and Restoration Trust Fund, and from available
 4350  federal moneys.
 4351         Section 70. Section 403.08601, Florida Statutes, is amended
 4352  to read:
 4353         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 4354  Legislature declares that as funds become available the state
 4355  may assist the local governments and agencies responsible for
 4356  implementing the Leah Schad Memorial Ocean Outfall Program
 4357  pursuant to s. 403.086(9). Funds received from other sources
 4358  provided for in law, the General Appropriations Act, from gifts
 4359  designated for implementation of the plan from individuals,
 4360  corporations, or other entities, or federal funds appropriated
 4361  by Congress for implementation of the plan, may be deposited
 4362  into an account of the Water Quality Assurance Ecosystem
 4363  Management and Restoration Trust Fund created pursuant to s.
 4364  403.1651.
 4365         Section 71. Subsection (11) of section 403.121, Florida
 4366  Statutes, is amended to read:
 4367         403.121 Enforcement; procedure; remedies.—The department
 4368  shall have the following judicial and administrative remedies
 4369  available to it for violations of this chapter, as specified in
 4370  s. 403.161(1).
 4371         (11) Penalties collected pursuant to this section shall be
 4372  deposited into in the Water Quality Assurance Ecosystem
 4373  Management and Restoration Trust Fund or other trust fund
 4374  designated by statute and shall be used to fund the restoration
 4375  of ecosystems, or polluted areas of the state, as defined by the
 4376  department, to their condition before pollution occurred. The
 4377  Florida Conflict Resolution Consortium may use a portion of the
 4378  fund to administer the mediation process provided in paragraph
 4379  (2)(e) and to contract with private mediators for administrative
 4380  penalty cases.
 4381         Section 72. Section 403.1651, Florida Statutes, is
 4382  repealed.
 4383         Section 73. Subsection (1) of section 403.885, Florida
 4384  Statutes, is amended to read:
 4385         403.885 Water Projects Grant Program.—
 4386         (1) The Department of Environmental Protection shall
 4387  administer a grant program to use funds transferred pursuant to
 4388  s. 212.20 to the Ecosystem Management and Restoration Trust Fund
 4389  or other moneys as appropriated by the Legislature for water
 4390  quality improvement, stormwater management, wastewater
 4391  management, and water restoration and other water projects as
 4392  specifically appropriated by the Legislature. Eligible
 4393  recipients of such grants include counties, municipalities,
 4394  water management districts, and special districts that have
 4395  legal responsibilities for water quality improvement, water
 4396  management, stormwater management, wastewater management, lake
 4397  and river water restoration projects, and drinking water
 4398  projects pursuant to this section.
 4399         Section 74. Section 403.8911, Florida Statutes, is
 4400  repealed.
 4401         Section 75. Subsection (6) of section 403.9325, Florida
 4402  Statutes, is amended to read:
 4403         403.9325 Definitions.—For the purposes of ss. 403.9321
 4404  403.9333, the term:
 4405         (6) “Public lands set aside for conservation or
 4406  preservation” means:
 4407         (a) Lands and interests acquired with funds deposited into
 4408  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 4409  the State Constitution;
 4410         (b)(a) Conservation and recreation lands under chapter 259;
 4411         (c)(b) State and national parks;
 4412         (d)(c) State and national reserves and preserves, except as
 4413  provided in s. 403.9326(3);
 4414         (e)(d) State and national wilderness areas;
 4415         (f)(e) National wildlife refuges (only those lands under
 4416  Federal Government ownership);
 4417         (g)(f) Lands acquired through the former Water Management
 4418  Lands Trust Fund, Save Our Rivers Program;
 4419         (h)(g) Lands acquired under the Save Our Coast program;
 4420         (i)(h) Lands acquired under the environmentally endangered
 4421  lands bond program;
 4422         (j)(i) Public lands designated as conservation or
 4423  preservation under a local government comprehensive plan;
 4424         (k)(j) Lands purchased by a water management district, the
 4425  Fish and Wildlife Conservation Commission, or any other state
 4426  agency for conservation or preservation purposes;
 4427         (l)(k) Public lands encumbered by a conservation easement
 4428  that does not provide for the trimming of mangroves; and
 4429         (m)(l) Public lands designated as critical wildlife areas
 4430  by the Fish and Wildlife Conservation Commission.
 4431         Section 76. Paragraph (f) of subsection (3) and subsection
 4432  (11) of section 403.93345, Florida Statutes, are amended to
 4433  read:
 4434         403.93345 Coral reef protection.—
 4435         (3) As used in this section, the term:
 4436         (f) “Fund” means the Water Quality Assurance Ecosystem
 4437  Management and Restoration Trust Fund.
 4438         (11) All damages recovered by or on behalf of this state
 4439  for injury to, or destruction of, the coral reefs of the state
 4440  that would otherwise be deposited in the general revenue
 4441  accounts of the State Treasury or in the Internal Improvement
 4442  Trust Fund shall be deposited into in the Water Quality
 4443  Assurance Ecosystem Management and Restoration Trust Fund in the
 4444  department and shall remain in such account until expended by
 4445  the department for the purposes of this section. Moneys in the
 4446  fund received from damages recovered for injury to, or
 4447  destruction of, coral reefs must be expended only for the
 4448  following purposes:
 4449         (a) To provide funds to the department for reasonable costs
 4450  incurred in obtaining payment of the damages for injury to, or
 4451  destruction of, coral reefs, including administrative costs and
 4452  costs of experts and consultants. Such funds may be provided in
 4453  advance of recovery of damages.
 4454         (b) To pay for restoration or rehabilitation of the injured
 4455  or destroyed coral reefs or other natural resources by a state
 4456  agency or through a contract to any qualified person.
 4457         (c) To pay for alternative projects selected by the
 4458  department. Any such project shall be selected on the basis of
 4459  its anticipated benefits to the residents of this state who used
 4460  the injured or destroyed coral reefs or other natural resources
 4461  or will benefit from the alternative project.
 4462         (d) All claims for trust fund reimbursements under
 4463  paragraph (a) must be made within 90 days after payment of
 4464  damages is made to the state.
 4465         (e) Each private recipient of fund disbursements shall be
 4466  required to agree in advance that its accounts and records of
 4467  expenditures of such moneys are subject to audit at any time by
 4468  appropriate state officials and to submit a final written report
 4469  describing such expenditures within 90 days after the funds have
 4470  been expended.
 4471         (f) When payments are made to a state agency from the fund
 4472  for expenses compensable under this subsection, such
 4473  expenditures shall be considered as being for extraordinary
 4474  expenses, and no agency appropriation shall be reduced by any
 4475  amount as a result of such reimbursement.
 4476         Section 77. Subsections (5) and (6) of section 420.5092,
 4477  Florida Statutes, are amended to read:
 4478         420.5092 Florida Affordable Housing Guarantee Program.—
 4479         (5) Pursuant to s. 16, Art. VII of the State Constitution,
 4480  the corporation may issue, in accordance with s. 420.509,
 4481  revenue bonds of the corporation to establish the guarantee
 4482  fund. The Such revenue bonds are shall be primarily payable from
 4483  and secured by annual debt service reserves, from interest
 4484  earned on funds on deposit in the guarantee fund, from fees,
 4485  charges, and reimbursements established by the corporation for
 4486  the issuance of affordable housing guarantees, and from any
 4487  other revenue sources received by the corporation and deposited
 4488  by the corporation into the guarantee fund for the issuance of
 4489  affordable housing guarantees. If To the extent such primary
 4490  revenue sources are considered insufficient by the corporation,
 4491  pursuant to the certification provided in subsection (6), to
 4492  fully fund the annual debt service reserve, the certified
 4493  deficiency in such reserve is also shall be additionally payable
 4494  from the first proceeds of the documentary stamp tax moneys
 4495  deposited into the State Housing Trust Fund pursuant to s.
 4496  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
 4497  ensuing state fiscal year.
 4498         (6)(a) If the primary revenue sources to be used for
 4499  repayment of revenue bonds used to establish the guarantee fund
 4500  are insufficient for such repayment, the annual principal and
 4501  interest due on each series of revenue bonds is shall be payable
 4502  from funds in the annual debt service reserve. The corporation
 4503  shall, before June 1 of each year, perform a financial audit to
 4504  determine whether at the end of the state fiscal year there will
 4505  be on deposit in the guarantee fund an annual debt service
 4506  reserve from interest earned pursuant to the investment of the
 4507  guarantee fund, fees, charges, and reimbursements received from
 4508  issued affordable housing guarantees and other revenue sources
 4509  available to the corporation. Based upon the findings in such
 4510  guarantee fund financial audit, the corporation shall certify to
 4511  the Chief Financial Officer the amount of any projected
 4512  deficiency in the annual debt service reserve for any series of
 4513  outstanding bonds as of the end of the state fiscal year and the
 4514  amount necessary to maintain such annual debt service reserve.
 4515  Upon receipt of such certification, the Chief Financial Officer
 4516  shall transfer to the annual debt service reserve, from the
 4517  first available taxes distributed to the State Housing Trust
 4518  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
 4519  (10)(a) during the ensuing state fiscal year, the amount
 4520  certified as necessary to maintain the annual debt service
 4521  reserve.
 4522         (b) If the claims payment obligations under affordable
 4523  housing guarantees from amounts on deposit in the guarantee fund
 4524  would cause the claims paying rating assigned to the guarantee
 4525  fund to be less than the third-highest rating classification of
 4526  any nationally recognized rating service, which classifications
 4527  being consistent with s. 215.84(3) and rules adopted thereto by
 4528  the State Board of Administration, the corporation shall certify
 4529  to the Chief Financial Officer the amount of such claims payment
 4530  obligations. Upon receipt of such certification, the Chief
 4531  Financial Officer shall transfer to the guarantee fund, from the
 4532  first available taxes distributed to the State Housing Trust
 4533  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
 4534  (10)(a) during the ensuing state fiscal year, the amount
 4535  certified as necessary to meet such obligations, such transfer
 4536  to be subordinate to any transfer referenced in paragraph (a)
 4537  and not to exceed 50 percent of the amounts distributed to the
 4538  State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
 4539  201.15(9)(a) and (10)(a) during the preceding state fiscal year.
 4540         Section 78. Subsections (1), (2), and (3) of section
 4541  420.9073, Florida Statutes, are amended to read:
 4542         420.9073 Local housing distributions.—
 4543         (1) Distributions calculated in this section shall be
 4544  disbursed on a quarterly or more frequent basis by the
 4545  corporation pursuant to s. 420.9072, subject to availability of
 4546  funds. Each county’s share of the funds to be distributed from
 4547  the portion of the funds in the Local Government Housing Trust
 4548  Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
 4549  calculated by the corporation for each fiscal year as follows:
 4550         (a) Each county other than a county that has implemented
 4551  the provisions of chapter 83-220, Laws of Florida, as amended by
 4552  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
 4553  receive the guaranteed amount for each fiscal year.
 4554         (b) Each county other than a county that has implemented
 4555  the provisions of chapter 83-220, Laws of Florida, as amended by
 4556  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
 4557  receive an additional share calculated as follows:
 4558         1. Multiply each county’s percentage of the total state
 4559  population excluding the population of any county that has
 4560  implemented the provisions of chapter 83-220, Laws of Florida,
 4561  as amended by chapters 84-270, 86-152, and 89-252, Laws of
 4562  Florida, by the total funds to be distributed.
 4563         2. If the result in subparagraph 1. is less than the
 4564  guaranteed amount as determined in subsection (3), that county’s
 4565  additional share shall be zero.
 4566         3. For each county in which the result in subparagraph 1.
 4567  is greater than the guaranteed amount as determined in
 4568  subsection (3), the amount calculated in subparagraph 1. shall
 4569  be reduced by the guaranteed amount. The result for each such
 4570  county shall be expressed as a percentage of the amounts so
 4571  determined for all counties. Each such county shall receive an
 4572  additional share equal to such percentage multiplied by the
 4573  total funds received by the Local Government Housing Trust Fund
 4574  pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
 4575  guaranteed amount paid to all counties.
 4576         (2) Distributions calculated in this section shall be
 4577  disbursed on a quarterly or more frequent basis by the
 4578  corporation pursuant to s. 420.9072, subject to availability of
 4579  funds. Each county’s share of the funds to be distributed from
 4580  the portion of the funds in the Local Government Housing Trust
 4581  Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
 4582  calculated by the corporation for each fiscal year as follows:
 4583         (a) Each county shall receive the guaranteed amount for
 4584  each fiscal year.
 4585         (b) Each county may receive an additional share calculated
 4586  as follows:
 4587         1. Multiply each county’s percentage of the total state
 4588  population, by the total funds to be distributed.
 4589         2. If the result in subparagraph 1. is less than the
 4590  guaranteed amount as determined in subsection (3), that county’s
 4591  additional share shall be zero.
 4592         3. For each county in which the result in subparagraph 1.
 4593  is greater than the guaranteed amount, the amount calculated in
 4594  subparagraph 1. shall be reduced by the guaranteed amount. The
 4595  result for each such county shall be expressed as a percentage
 4596  of the amounts so determined for all counties. Each such county
 4597  shall receive an additional share equal to this percentage
 4598  multiplied by the total funds received by the Local Government
 4599  Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
 4600  reduced by the guaranteed amount paid to all counties.
 4601         (3) Calculation of guaranteed amounts:
 4602         (a) The guaranteed amount under subsection (1) shall be
 4603  calculated for each state fiscal year by multiplying $350,000 by
 4604  a fraction, the numerator of which is the amount of funds
 4605  distributed to the Local Government Housing Trust Fund pursuant
 4606  to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
 4607  the total amount of funds distributed to the Local Government
 4608  Housing Trust Fund pursuant to s. 201.15.
 4609         (b) The guaranteed amount under subsection (2) shall be
 4610  calculated for each state fiscal year by multiplying $350,000 by
 4611  a fraction, the numerator of which is the amount of funds
 4612  distributed to the Local Government Housing Trust Fund pursuant
 4613  to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
 4614  the total amount of funds distributed to the Local Government
 4615  Housing Trust Fund pursuant to s. 201.15.
 4616         Section 79. Section 570.207, Florida Statutes, is repealed.
 4617         Section 80. Subsection (2) of section 570.321, Florida
 4618  Statutes, is amended to read:
 4619         570.321 Plant Industry Trust Fund.—
 4620         (2) Funds to be credited to and uses of the trust fund
 4621  shall be administered in accordance with ss. 259.032, 581.031,
 4622  581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
 4623  593.117.
 4624         Section 81. Subsection (12) of section 570.71, Florida
 4625  Statutes, is amended to read:
 4626         570.71 Conservation easements and agreements.—
 4627         (12) The department may use appropriated funds from the
 4628  following sources to implement this section:
 4629         (a) State funds;
 4630         (b) Federal funds;
 4631         (c) Other governmental entities;
 4632         (d) Nongovernmental organizations; or
 4633         (e) Private individuals.
 4634  
 4635  Any such funds provided, other than from the Land Acquisition
 4636  Trust Fund, shall be deposited into the Incidental Conservation
 4637  and Recreation Lands Program Trust Fund within the Department of
 4638  Agriculture and Consumer Services and used for the purposes of
 4639  this section, including administrative and operating expenses
 4640  related to appraisals, mapping, title process, personnel, and
 4641  other real estate expenses.
 4642         Section 82. Paragraph (c) of subsection (1) of section
 4643  895.09, Florida Statutes, is amended to read:
 4644         895.09 Disposition of funds obtained through forfeiture
 4645  proceedings.—
 4646         (1) A court entering a judgment of forfeiture in a
 4647  proceeding brought pursuant to s. 895.05 shall retain
 4648  jurisdiction to direct the distribution of any cash or of any
 4649  cash proceeds realized from the forfeiture and disposition of
 4650  the property. The court shall direct the distribution of the
 4651  funds in the following order of priority:
 4652         (c) Any claim by the Board of Trustees of the Internal
 4653  Improvement Trust Fund on behalf of the Internal Improvement
 4654  Trust Fund or the Land Acquisition trust fund used pursuant to
 4655  s. 253.03(12), not including administrative costs of the
 4656  Department of Environmental Protection previously paid directly
 4657  from the Internal Improvement Trust Fund in accordance with
 4658  legislative appropriation.
 4659         Section 83. For the purpose of incorporating the amendment
 4660  made by this act to section 201.15, Florida Statutes, in a
 4661  reference thereto, subsection (6) of section 339.2818, Florida
 4662  Statutes, is reenacted to read:
 4663         339.2818 Small County Outreach Program.—
 4664         (6) Funds paid into the State Transportation Trust Fund
 4665  pursuant to s. 201.15 for the purposes of the Small County
 4666  Outreach Program are hereby annually appropriated for
 4667  expenditure to support the Small County Outreach Program.
 4668         Section 84. For the purpose of incorporating the amendment
 4669  made by this act to section 201.15, Florida Statutes, in a
 4670  reference thereto, subsection (5) of section 339.2819, Florida
 4671  Statutes, is reenacted to read:
 4672         339.2819 Transportation Regional Incentive Program.—
 4673         (5) Funds paid into the State Transportation Trust Fund
 4674  pursuant to s. 201.15 for the purposes of the Transportation
 4675  Regional Incentive Program are hereby annually appropriated for
 4676  expenditure to support that program.
 4677         Section 85. For the purpose of incorporating the amendment
 4678  made by this act to section 201.15, Florida Statutes, in a
 4679  reference thereto, subsection (3) of section 339.61, Florida
 4680  Statutes, is reenacted to read:
 4681         339.61 Florida Strategic Intermodal System; legislative
 4682  findings, declaration, and intent.—
 4683         (3) Funds paid into the State Transportation Trust Fund
 4684  pursuant to s. 201.15 for the purposes of the Florida Strategic
 4685  Intermodal System are hereby annually appropriated for
 4686  expenditure to support that program.
 4687         Section 86. For the purpose of incorporating the amendment
 4688  made by this act to section 201.15, Florida Statutes, in a
 4689  reference thereto, subsection (6) of section 341.051, Florida
 4690  Statutes, is reenacted to read:
 4691         341.051 Administration and financing of public transit and
 4692  intercity bus service programs and projects.—
 4693         (6) ANNUAL APPROPRIATION.—Funds paid into the State
 4694  Transportation Trust Fund pursuant to s. 201.15 for the New
 4695  Starts Transit Program are hereby annually appropriated for
 4696  expenditure to support the New Starts Transit Program.
 4697  
 4698  For purposes of this section, the term “net operating costs”
 4699  means all operating costs of a project less any federal funds,
 4700  fares, or other sources of income to the project.
 4701         Section 87. For the purpose of incorporating the amendment
 4702  made by this act to section 201.15, Florida Statutes, in a
 4703  reference thereto, paragraph (e) of subsection (4) of section
 4704  373.470, Florida Statutes, is reenacted to read:
 4705         373.470 Everglades restoration.—
 4706         (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
 4707  DEPOSIT.—The following funds may be deposited into the Save Our
 4708  Everglades Trust Fund created by s. 373.472 to finance
 4709  implementation of the comprehensive plan, the Lake Okeechobee
 4710  Watershed Protection Plan, the River Watershed Protection Plans,
 4711  and the Keys Wastewater Plan:
 4712         (e) Funds made available pursuant to s. 201.15 for debt
 4713  service for Everglades restoration bonds.
 4714         Section 88. For the purpose of incorporating the amendment
 4715  made by this act to section 201.15, Florida Statutes, in a
 4716  reference thereto, subsection (1) of section 420.9079, Florida
 4717  Statutes, is reenacted to read:
 4718         420.9079 Local Government Housing Trust Fund.—
 4719         (1) There is created in the State Treasury the Local
 4720  Government Housing Trust Fund, which shall be administered by
 4721  the corporation on behalf of the department according to the
 4722  provisions of ss. 420.907-420.9076 and this section. There shall
 4723  be deposited into the fund a portion of the documentary stamp
 4724  tax revenues as provided in s. 201.15, moneys received from any
 4725  other source for the purposes of ss. 420.907-420.9076 and this
 4726  section, and all proceeds derived from the investment of such
 4727  moneys. Moneys in the fund that are not currently needed for the
 4728  purposes of the programs administered pursuant to ss. 420.907
 4729  420.9076 and this section shall be deposited to the credit of
 4730  the fund and may be invested as provided by law. The interest
 4731  received on any such investment shall be credited to the fund.
 4732         Section 89. For the purpose of incorporating the amendment
 4733  made by this act to section 375.041, Florida Statutes, in a
 4734  reference thereto, paragraph (b) of subsection (3) of section
 4735  258.015, Florida Statutes, is reenacted to read:
 4736         258.015 Citizen support organizations; use of property;
 4737  audit.—
 4738         (3) PARTNERSHIPS IN PARKS.—
 4739         (b) The Legislature may annually appropriate funds from the
 4740  Land Acquisition Trust Fund for use only as state matching
 4741  funds, in conjunction with private donations in aggregates of at
 4742  least $60,000 matched by $40,000 of state funds for a total
 4743  minimum project amount of $100,000 for capital improvement
 4744  facility development at state parks, at either individually
 4745  designated parks or for priority projects within the overall
 4746  state park system. Not more than 30 percent of the Land
 4747  Acquisition Trust Fund unencumbered fund balance or $3 million,
 4748  whichever is less, shall be reserved, available annually for
 4749  matching private donations. The amount held in reserve for the
 4750  state match will be no greater than $6 million for any fiscal
 4751  year. State funds from the Land Acquisition Trust Fund or other
 4752  appropriate funding sources shall be used for matching private
 4753  donations for 40 percent of the projects’ costs. Funds held in
 4754  reserve for the purposes of this subsection shall be available
 4755  only after the requirements of s. 375.041(3) are met. Citizen
 4756  support organizations organized and operating for the benefit of
 4757  state parks may acquire private donations pursuant to this
 4758  section, and matching state funds for approved projects may be
 4759  provided in accordance with this subsection. The department is
 4760  authorized to properly recognize and honor a private donor by
 4761  placing a plaque or other appropriate designation noting the
 4762  contribution on project facilities or by naming project
 4763  facilities after the person or organization that provided
 4764  matching funds. The department is authorized to adopt necessary
 4765  administrative rules to carry out the purposes of this
 4766  subsection.
 4767         Section 90. For the purpose of incorporating the amendment
 4768  made by this act to section 376.307, Florida Statutes, in a
 4769  reference thereto, subsection (2) of section 287.0595, Florida
 4770  Statutes, is reenacted to read:
 4771         287.0595 Pollution response action contracts; department
 4772  rules.—
 4773         (2) In adopting rules under this section, the Department of
 4774  Environmental Protection shall follow the criteria applicable to
 4775  the department’s contracting to the maximum extent possible,
 4776  consistent with the goals and purposes of ss. 376.307 and
 4777  376.3071.
 4778         Section 91. Except as otherwise expressly provided in this
 4779  act and except for this section, which shall take effect upon
 4780  this act becoming law, this act shall take effect July 1, 2015.
 4781  
 4782  ================= T I T L E  A M E N D M E N T ================
 4783  And the title is amended as follows:
 4784         Delete everything before the enacting clause
 4785  and insert:
 4786                        A bill to be entitled                      
 4787         An act relating to the implementation of the water and
 4788         land conservation constitutional amendment;
 4789         terminating certain trust funds within the Department
 4790         of Environmental Protection, the Department of
 4791         Agriculture and Consumer Services, and the Fish and
 4792         Wildlife Conservation Commission; providing for the
 4793         disposition of balances in the trust funds; requiring
 4794         the Department of Environmental Protection to pay all
 4795         outstanding debts or obligations of the terminated
 4796         trust funds; requiring the Chief Financial Officer to
 4797         close out and remove the terminated trust funds from
 4798         the various state accounting systems; amending s.
 4799         17.61, F.S.; requiring moneys in land acquisition
 4800         trust funds created or designated to receive funds
 4801         under s. 28, Art. X of the State Constitution to be
 4802         retained in those trust funds; repealing s. 161.05301,
 4803         F.S., relating to beach erosion control project
 4804         staffing; amending s. 161.054, F.S.; redirecting
 4805         certain proceeds from the Ecosystem Management and
 4806         Restoration Trust Fund to the Florida Coastal
 4807         Protection Trust Fund; amending s. 161.091, F.S.;
 4808         authorizing disbursements from the Land Acquisition
 4809         Trust Fund for the beach management plan; amending s.
 4810         201.0205, F.S.; conforming provisions to changes made
 4811         by the act; amending s. 201.15, F.S.; revising and
 4812         deleting distributions of the tax; providing that
 4813         specified distributions to the Land Acquisition Trust
 4814         Fund are not subject to the service charge under s.
 4815         215.20, F.S.; revising the purposes for which
 4816         distributions may be used; amending s. 211.3103, F.S.;
 4817         authorizing a percentage of proceeds from the
 4818         phosphate rock excise tax to be credited to the State
 4819         Park Trust Fund; amending s. 215.20, F.S.; conforming
 4820         provisions to changes made by the act; amending s.
 4821         215.618, F.S.; authorizing Florida Forever bonds to be
 4822         issued to finance or refinance the acquisition and
 4823         improvement of land, water areas, and related property
 4824         interests; amending ss. 215.619, 253.027, and 253.03,
 4825         F.S.; conforming provisions to changes made by the
 4826         act; amending s. 253.034, F.S.; requiring proceeds
 4827         from the sale of surplus conservation lands before a
 4828         certain date to be deposited into the Florida Forever
 4829         Trust Fund and after such date under certain
 4830         circumstances into the Land Acquisition Trust Fund;
 4831         prohibiting more than a certain amount of funds to be
 4832         expended from the Land Acquisition Trust Fund for
 4833         funding a certain contractual arrangement; amending s.
 4834         253.7824, F.S.; conforming provisions to changes made
 4835         by the act; amending s. 258.435, F.S.; requiring
 4836         moneys received in trust by the Department of
 4837         Environmental Protection relating to aquatic preserves
 4838         to be deposited into the Grants and Donations Trust
 4839         Fund; amending s. 259.032, F.S.; conforming provisions
 4840         affected by the termination of the Conservation and
 4841         Recreation Lands Trust Fund; authorizing state
 4842         agencies designated to manage lands acquired with
 4843         funds deposited into the Land Acquisition Trust Fund
 4844         to contract with local governments and soil and water
 4845         conservation districts to assist in management
 4846         activities; amending s. 259.035, F.S.; requiring the
 4847         Acquisition and Restoration Council to develop rules
 4848         defining specific criteria and numeric performance
 4849         measures needed for lands acquired with funds
 4850         deposited into the Land Acquisition Trust Fund
 4851         pursuant to s. 28(a), Art. X of the State
 4852         Constitution; requiring the proposed rules to be
 4853         submitted to the Legislature for consideration;
 4854         requiring recipients of funds from the Land
 4855         Acquisition Trust Fund to annually report to the
 4856         Division of State Lands; requiring the council to
 4857         consider and evaluate in writing each project proposed
 4858         for acquisition using such funds and ensure that each
 4859         proposed project meets the requirements of s. 28, Art.
 4860         X of the State Constitution; amending ss. 259.036,
 4861         259.037, 259.04, and 259.041, F.S.; conforming cross
 4862         references; amending s. 259.101, F.S.; conforming
 4863         provisions affected by the termination of the
 4864         Preservation 2000 Trust Fund; requiring agencies and
 4865         water management districts that acquired lands using
 4866         Preservation 2000 funds to make them available for
 4867         public recreational use; requiring water management
 4868         districts and the department to control the growth of
 4869         nonnative invasive plant species on certain lands;
 4870         amending s. 259.105, F.S.; deleting obsolete
 4871         provisions; conforming cross-references; prohibiting
 4872         more than a certain amount of funds to be expended
 4873         from the Land Acquisition Trust Fund for funding a
 4874         certain contractual arrangement; amending s. 259.1051,
 4875         F.S.; conforming cross-references; amending ss.
 4876         338.250, 339.0801, 339.55, 341.303, 343.58, 369.252,
 4877         373.026, and 373.089, F.S.; conforming provisions to
 4878         changes made by the act; amending s. 373.129, F.S.;
 4879         requiring certain civil penalties to be deposited into
 4880         the Water Quality Assurance Trust Fund; amending ss.
 4881         373.1391 and 373.199, F.S.; conforming provisions to
 4882         changes made by the act; amending s. 373.430, F.S.;
 4883         requiring certain moneys to be deposited into the
 4884         Florida Permit Fee Trust Fund rather than the
 4885         Ecosystem Management and Restoration Trust Fund;
 4886         amending ss. 373.459, 373.4592, 373.45926, 373.470,
 4887         and 373.584, F.S.; conforming provisions to changes
 4888         made by the act; amending s. 373.59, F.S.; conforming
 4889         provisions affected by the termination of the Water
 4890         Management Lands Trust Fund; amending s. 373.5905,
 4891         F.S.; conforming a cross-reference; amending ss.
 4892         373.703 and 375.031, F.S.; conforming provisions to
 4893         changes made by the act; amending s. 375.041, F.S.;
 4894         designating the Land Acquisition Trust Fund within the
 4895         Department of Environmental Protection for receipt of
 4896         certain documentary stamp tax revenues for the
 4897         prescribed uses of s. 28, Art. X of the State
 4898         Constitution; providing priority for the use of moneys
 4899         in the trust fund; requiring agencies receiving
 4900         transfers of moneys from the fund to maintain the
 4901         integrity of such funds; amending s. 375.044, F.S.;
 4902         conforming provisions to changes made by the act;
 4903         repealing s. 375.045, F.S., relating to the Florida
 4904         Preservation 2000 Trust Fund; amending s. 375.075,
 4905         F.S.; conforming provisions to changes made by the
 4906         act; amending s. 376.11, F.S.; revising the funds
 4907         required to be deposited into the Florida Coastal
 4908         Protection Trust Fund and the purposes for which such
 4909         funds may be used; amending s. 376.123, F.S.;
 4910         conforming a cross-reference; amending s. 376.307,
 4911         F.S.; revising the funds required to be deposited into
 4912         the Water Quality Assurance Trust Fund and the
 4913         purposes for which such funds may be used; amending s.
 4914         376.40, F.S.; conforming a cross-reference; repealing
 4915         s. 379.202, F.S., relating to the Conservation and
 4916         Recreation Lands Program Trust Fund of the Fish and
 4917         Wildlife Conservation Commission; amending s. 379.206,
 4918         F.S.; requiring grants and donations from development
 4919         of-regional-impact wildlife mitigation contributions
 4920         to be credited to the Grants and Donations Trust Fund;
 4921         amending s. 379.212, F.S.; providing that the Land
 4922         Acquisition Trust Fund within the Fish and Wildlife
 4923         Conservation Commission shall be used to implement s.
 4924         28, Art. X of the State Constitution; authorizing the
 4925         department to transfer certain funds; requiring the
 4926         commission to maintain the integrity of such funds;
 4927         providing for the transfer of certain funds; amending
 4928         s. 379.214, F.S.; conforming provisions to changes
 4929         made by the act; amending s. 379.362, F.S.; requiring
 4930         the Department of Agriculture and Consumer Services to
 4931         use funds appropriated from the Land Acquisition Fund
 4932         within the Department of Environmental Protection to
 4933         fund certain oyster management and restoration
 4934         programs; amending s. 380.0666, F.S.; conforming
 4935         provisions to changes made by the act; repealing s.
 4936         380.0677, F.S., relating to the Green Swamp Land
 4937         Authority; amending s. 380.507, F.S.; conforming
 4938         provisions to changes made by the act; amending s.
 4939         380.508, F.S.; requiring certain funds to be credited
 4940         to or deposited into the Internal Improvement Trust
 4941         Fund; requiring funds over and above eligible project
 4942         costs to be deposited into the Florida Forever Trust
 4943         Fund rather than the Florida Communities Trust Fund;
 4944         amending s. 380.510, F.S.; requiring certain funds
 4945         collected under a grant or loan agreement to be
 4946         deposited into the Internal Improvement Trust Fund
 4947         rather than the Florida Communities Trust Fund;
 4948         requiring the deed or lease of any real property
 4949         acquired with certain funds to contain covenants and
 4950         restrictions sufficient to ensure that the use of such
 4951         real property complies with s. 28, Art. X of the State
 4952         Constitution; repealing s. 380.511, F.S., relating to
 4953         the Florida Communities Trust Fund; amending s.
 4954         403.0615, F.S.; conforming provisions to changes made
 4955         by the act; amending ss. 403.08601 and 403.121, F.S.;
 4956         requiring certain funds to be deposited into the Water
 4957         Quality Assurance Trust Fund rather than the Ecosystem
 4958         Management and Restoration Trust Fund; repealing s.
 4959         403.1651, F.S., relating to the Ecosystem Management
 4960         and Restoration Trust Fund; amending s. 403.885, F.S.;
 4961         conforming provisions to changes made by the act;
 4962         repealing s. 403.8911, F.S., relating to the annual
 4963         appropriation from the Water Protection and
 4964         Sustainability Program Trust Fund; amending s.
 4965         403.9325, F.S.; redefining the term “public lands set
 4966         aside for conservation or preservation” to include
 4967         lands and interests acquired with funds deposited into
 4968         the Land Acquisition Trust Fund; amending s.
 4969         403.93345, F.S.; redefining the term “fund” to mean
 4970         the Water Quality Assurance Trust Fund; requiring
 4971         certain funds to be deposited into the Water Quality
 4972         Assurance Trust Fund rather than the Ecosystem
 4973         Management and Restoration Trust Fund; amending ss.
 4974         420.5092 and 420.9073, F.S.; conforming provisions to
 4975         changes made by the act; repealing s. 570.207, F.S.,
 4976         relating to the Conservation and Recreation Lands
 4977         Program Trust Fund of the Department of Agriculture
 4978         and Consumer Services; amending s. 570.321, F.S.;
 4979         conforming provisions to changes made by the act;
 4980         amending s. 570.71, F.S.; excluding funds from the
 4981         Land Acquisition Trust Fund from being deposited into
 4982         the Incidental Trust Fund under certain circumstances;
 4983         amending s. 895.09, F.S.; conforming provisions to
 4984         changes made by the act; making technical changes;
 4985         reenacting ss. 339.2818(6), F.S., relating to the
 4986         Small County Outreach Program, s. 339.2819(5), F.S.,
 4987         relating to the Transportation Regional Incentive
 4988         Program, s. 339.61(3), F.S., relating to the Florida
 4989         Strategic Intermodal System, s. 341.051(6), F.S.,
 4990         relating to the New Starts Transit Program, s.
 4991         373.470(4)(e), F.S., relating to debt service for
 4992         Everglades restoration bonds, and s. 420.9079(1),
 4993         F.S., relating to the Local Government Housing Trust
 4994         Fund, to incorporate the amendment made by this act to
 4995         s. 201.15, F.S., in references thereto; reenacting s.
 4996         258.015(3)(b), F.S., relating to funds available to
 4997         citizen support organizations, to incorporate the
 4998         amendment made by this act to s. 375.041, F.S., in a
 4999         reference thereto; reenacting s. 287.0595(2), F.S.,
 5000         relating to Department of Environmental Protection’s
 5001         authority to adopt certain pollution response rules,
 5002         to incorporate the amendment made by this act to s.
 5003         376.307, F.S., in a reference thereto; providing
 5004         effective dates.