Florida Senate - 2015 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2516-A
Ì354282*Î354282
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR . Floor: C
06/19/2015 03:51 PM . 06/19/2015 06:36 PM
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The Conference Committee on SB 2516-A recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. (1) The following trust funds within the
7 Department of Environmental Protection are terminated:
8 (a) The Florida Preservation 2000 Trust Fund, FLAIR number
9 37-2-332.
10 (b) The Florida Communities Trust Fund, FLAIR number 37-2
11 244.
12 (c) The Ecosystem Management and Restoration Trust Fund,
13 FLAIR number 37-2-193.
14 (d) The Water Management Lands Trust Fund, FLAIR number 37
15 2-776.
16 (e) The Conservation and Recreation Lands Trust Fund, FLAIR
17 number 37-2-131.
18 (2)(a) All current balances remaining in the Florida
19 Communities Trust Fund and the Florida Preservation 2000 Trust
20 Fund shall be transferred to the Land Acquisition Trust Fund,
21 FLAIR number 37-2-423.
22 (b) All current balances remaining in the Conservation and
23 Recreation Lands Trust Fund shall be transferred to the General
24 Revenue Fund.
25 (c) All current balances remaining in, and all revenues of,
26 the Ecosystem Management and Restoration Trust Fund shall be
27 transferred to the General Revenue Fund, except for balances
28 associated with the Reef Grounding Program and the Pollution
29 Recovery Restricted Accounts, which shall be transferred to the
30 Water Quality Assurance Trust Fund, FLAIR number 37-2-780.
31 (d) All current balances remaining in, and all revenues of,
32 the Water Management Lands Trust Fund shall be transferred to
33 the General Revenue Fund, except for balances associated with
34 debt service on bonds issued before February 1, 2009, by the
35 South Florida Water Management District and the St. Johns River
36 Water Management District, which shall be transferred to the
37 Land Acquisition Trust Fund, FLAIR number 37-2-423.
38 (3) The Department of Environmental Protection shall pay
39 any outstanding debts or obligations of the terminated trust
40 funds as required, and the Chief Financial Officer shall close
41 out and remove the terminated trust funds from the various state
42 accounting systems using generally accepted accounting
43 principles concerning warrants outstanding, assets, and
44 liabilities.
45 Section 2. (1) The Conservation and Recreation Lands
46 Program Trust Fund, FLAIR number 42-2-931, within the Department
47 of Agriculture and Consumer Services is terminated.
48 (2) The Department of Agriculture and Consumer Services
49 shall pay any outstanding debts or obligations of the terminated
50 trust fund as soon as practicable, and the Chief Financial
51 Officer shall close out and remove that terminated trust fund
52 from the various state accounting systems using generally
53 accepted accounting principles concerning warrants outstanding,
54 assets, and liabilities.
55 Section 3. (1) The Conservation and Recreation Lands
56 Program Trust Fund, FLAIR number 72-2-931, within the Fish and
57 Wildlife Conservation Commission is terminated.
58 (2) The Fish and Wildlife Conservation Commission shall pay
59 any outstanding debts or obligations of the terminated trust
60 fund as soon as practicable, and the Chief Financial Officer
61 shall close out and remove that terminated trust fund from the
62 various state accounting systems using generally accepted
63 accounting principles concerning warrants outstanding, assets,
64 and liabilities.
65 Section 4. Paragraph (e) is added to subsection (3) of
66 section 17.61, Florida Statutes, to read:
67 17.61 Chief Financial Officer; powers and duties in the
68 investment of certain funds.—
69 (3)
70 (e) Moneys in any land acquisition trust fund created or
71 designated to receive funds under s. 28, Art. X of the State
72 Constitution may not be invested as provided in this section,
73 but shall be retained in those trust funds, with the interest
74 appropriated to the General Revenue Fund, as provided in s.
75 17.57.
76 Section 5. Section 161.05301, Florida Statutes, is
77 repealed.
78 Section 6. Subsection (3) of section 161.054, Florida
79 Statutes, is amended to read:
80 161.054 Administrative fines; liability for damage; liens.—
81 (3) The imposition of a fine or an award of damages
82 pursuant to this section shall create a lien upon the real and
83 personal property of the violator, enforceable by the department
84 as are statutory liens under chapter 85. The proceeds of such
85 fines and awards of damages shall be deposited in the Florida
86 Coastal Protection Ecosystem Management and Restoration Trust
87 Fund.
88 Section 7. Subsections (1) and (3) of section 161.091,
89 Florida Statutes, are amended to read:
90 161.091 Beach management; funding; repair and maintenance
91 strategy.—
92 (1) Subject to such appropriations as the Legislature may
93 make therefor from time to time, disbursements from the Land
94 Acquisition Ecosystem Management and Restoration Trust Fund may
95 be made by the department in order to carry out the proper state
96 responsibilities in a comprehensive, long-range, statewide beach
97 management plan for erosion control; beach preservation,
98 restoration, and nourishment; and storm and hurricane
99 protection; and other activities authorized for beaches and
100 shores pursuant to s. 28, Art. X of the State Constitution.
101 Legislative intent in appropriating such funds is for the
102 implementation of those projects that contribute most
103 significantly to addressing the state’s beach erosion problems.
104 (3) In accordance with the intent expressed in s. 161.088
105 and the legislative finding that erosion of the beaches of this
106 state is detrimental to tourism, the state’s major industry,
107 further exposes the state’s highly developed coastline to severe
108 storm damage, and threatens beach-related jobs, which, if not
109 stopped, may significantly reduce state sales tax revenues,
110 funds deposited into the State Treasury to the credit of the
111 Land Acquisition Ecosystem Management and Restoration Trust
112 Fund, in the annual amounts provided in s. 201.15, shall be
113 used, for a period of not less than 15 years, to fund the
114 development, implementation, and administration of the state’s
115 beach management plan, as provided in ss. 161.091-161.212 and as
116 authorized in s. 28, Art. X of the State Constitution, prior to
117 the use of such funds deposited pursuant to s. 201.15 in that
118 trust fund for any other purpose.
119 Section 8. Section 201.0205, Florida Statutes, is amended
120 to read:
121 201.0205 Counties that have implemented ch. 83-220;
122 inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
123 Laws of Florida.—The 10-cent tax increase in the documentary
124 stamp tax levied by s. 2, chapter 92-317, does not apply to
125 deeds and other taxable instruments relating to real property
126 located in any county that has implemented the provisions of
127 chapter 83-220, Laws of Florida, as amended by chapters 84-270,
128 86-152, and 89-252, Laws of Florida. Each such county and each
129 eligible jurisdiction within such county may shall not be
130 eligible to participate in programs funded pursuant to s.
131 201.15(4)(c) s. 201.15(9). However, each such county and each
132 eligible jurisdiction within such county may shall be eligible
133 to participate in programs funded pursuant to s. 201.15(4)(d) s.
134 201.15(10).
135 Section 9. Section 201.15, Florida Statutes, is amended to
136 read:
137 201.15 Distribution of taxes collected.—All taxes collected
138 under this chapter are hereby pledged and shall be first made
139 available to make payments when due on bonds issued pursuant to
140 s. 215.618 or s. 215.619, or any other bonds authorized to be
141 issued on a parity basis with such bonds. Such pledge and
142 availability for the payment of these bonds shall have priority
143 over any requirement for the payment of service charges or costs
144 of collection and enforcement under this section. All taxes
145 collected under this chapter, except taxes distributed to the
146 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
147 are subject to the service charge imposed in s. 215.20(1).
148 Before distribution pursuant to under this section, the
149 Department of Revenue shall deduct amounts necessary to pay the
150 costs of the collection and enforcement of the tax levied by
151 this chapter. The Such costs and the service charge may not be
152 levied against any portion of taxes pledged to debt service on
153 bonds to the extent that the costs and service charge are
154 required to pay any amounts relating to the bonds. After
155 distributions are made pursuant to subsection (1), All of the
156 costs of the collection and enforcement of the tax levied by
157 this chapter and the service charge shall be available and
158 transferred to the extent necessary to pay debt service and any
159 other amounts payable with respect to bonds authorized before
160 January 1, 2015, secured by revenues distributed pursuant to
161 this section subsection (1). All taxes remaining after deduction
162 of costs and the service charge shall be distributed as follows:
163 (1) Amounts necessary to make payments on bonds issued
164 pursuant to s. 215.618 or s. 215.619, as provided under
165 paragraphs (3)(a) and (b), or on any other bonds authorized to
166 be issued on a parity basis with such bonds shall be deposited
167 into the Land Acquisition Trust Fund.
168 (2) If the amounts deposited pursuant to subsection (1) are
169 less than 33 percent of all taxes collected after first
170 deducting the costs of collection, an amount equal to 33 percent
171 of all taxes collected after first deducting the costs of
172 collection, minus the amounts deposited pursuant to subsection
173 (1), shall be deposited into the Land Acquisition Trust Fund.
174 (3) Amounts on deposit in the Land Acquisition Trust Fund
175 Sixty-three and thirty-one hundredths percent of the remaining
176 taxes shall be used in for the following order purposes:
177 (a) Payment of Amounts necessary to pay the debt service
178 on, or funding of fund debt service reserve funds, rebate
179 obligations, or other amounts payable with respect to
180 Preservation 2000 bonds issued pursuant to s. 375.051 and
181 Florida Forever bonds issued pursuant to s. 215.618, shall be
182 paid into the State Treasury to the credit of the Land
183 Acquisition Trust Fund to be used for such purposes. The amount
184 used for such purposes transferred to the Land Acquisition Trust
185 Fund may not exceed $300 million in each fiscal year 1999-2000
186 and thereafter for Preservation 2000 bonds and bonds issued to
187 refund Preservation 2000 bonds, and $300 million in fiscal year
188 2000-2001 and thereafter for Florida Forever bonds. The annual
189 amount transferred to the Land Acquisition Trust Fund for
190 Florida Forever bonds may not exceed $30 million in the first
191 fiscal year in which bonds are issued. The limitation on the
192 amount transferred shall be increased by an additional $30
193 million in each subsequent fiscal year, but may not exceed a
194 total of $300 million in any fiscal year for all bonds issued.
195 It is the intent of the Legislature that all bonds issued to
196 fund the Florida Forever Act be retired by December 31, 2040.
197 Except for bonds issued to refund previously issued bonds, no
198 series of bonds may be issued pursuant to this paragraph unless
199 such bonds are approved and the debt service for the remainder
200 of the fiscal year in which the bonds are issued is specifically
201 appropriated in the General Appropriations Act. For purposes of
202 refunding Preservation 2000 bonds, amounts designated within
203 this section for Preservation 2000 and Florida Forever bonds may
204 be transferred between the two programs to the extent provided
205 for in the documents authorizing the issuance of the bonds. The
206 Preservation 2000 bonds and Florida Forever bonds are equally
207 and ratably secured by moneys distributable to the Land
208 Acquisition Trust Fund pursuant to this section, except as
209 specifically provided otherwise by the documents authorizing the
210 issuance of the bonds. Moneys transferred to the Land
211 Acquisition Trust Fund pursuant to this paragraph, or earnings
212 thereon, may not be used or made available to pay debt service
213 on the Save Our Coast revenue bonds.
214 (b) Payment of Moneys shall be paid into the State Treasury
215 to the credit of the Save Our Everglades Trust Fund in amounts
216 necessary to pay debt service, or funding of debt service
217 reserve funds provide reserves, and pay rebate obligations, or
218 and other amounts due with respect to Everglades restoration
219 bonds issued pursuant to under s. 215.619. Taxes distributed
220 under paragraph (a) and this paragraph must be collectively
221 distributed on a pro rata basis when the available moneys under
222 this subsection are not sufficient to cover the amounts required
223 under paragraph (a) and this paragraph.
224
225 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
226 and ratably secured by moneys distributable to the Land
227 Acquisition Trust Fund.
228 (4)(c) After the required distributions to the Land
229 Acquisition Trust Fund pursuant to subsections (1) and (2) and
230 deduction of the service charge imposed pursuant to s. 215.20(1)
231 payments under paragraphs (a) and (b), the remainder shall be
232 distributed as follows paid into the State Treasury to the
233 credit of:
234 (a)1. The State Transportation Trust Fund in the Department
235 of Transportation in the amount of The lesser of 24.18442 38.2
236 percent of the remainder or $541.75 million in each fiscal year
237 shall be paid into the State Treasury to the credit of the State
238 Transportation Trust Fund. Out Of such funds, the first $50
239 million for the 2012-2013 fiscal year; $65 million for the 2013
240 2014 fiscal year; and $75 million for each the 2014-2015 fiscal
241 year and all subsequent years, shall be transferred to the State
242 Economic Enhancement and Development Trust Fund within the
243 Department of Economic Opportunity. Notwithstanding any other
244 law, the remaining amount credited to the State Transportation
245 Trust Fund shall remainder is to be used for the following
246 specified purposes, notwithstanding any other law to the
247 contrary:
248 1.a. For the purposes of Capital funding for the New Starts
249 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
250 specified in s. 341.051, in the amount of 10 percent of the
251 these funds;
252 2.b. For the purposes of The Small County Outreach Program
253 specified in s. 339.2818, in the amount of 10 5 percent of the
254 these funds. Effective July 1, 2014, the percentage allocated
255 under this sub-subparagraph shall be increased to 10 percent;
256 3.c. For the purposes of The Strategic Intermodal System
257 specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
258 amount of 75 percent of the these funds after deduction of the
259 payments required pursuant to subparagraphs 1. and 2. allocating
260 for the New Starts Transit Program described in sub-subparagraph
261 a. and the Small County Outreach Program described in sub
262 subparagraph b.; and
263 4.d. For the purposes of The Transportation Regional
264 Incentive Program specified in s. 339.2819, in the amount of 25
265 percent of the these funds after deduction of the payments
266 required pursuant to subparagraphs 1. and 2. allocating for the
267 New Starts Transit Program described in sub-subparagraph a. and
268 the Small County Outreach Program described in sub-subparagraph
269 b. Effective July 1, 2014, The first $60 million of the funds
270 allocated pursuant to this subparagraph sub-subparagraph shall
271 be allocated annually to the Florida Rail Enterprise for the
272 purposes established in s. 341.303(5).
273 (b)2. The Grants and Donations Trust Fund in the Department
274 of Economic Opportunity in the amount of The lesser of 0.1456
275 .23 percent of the remainder or $3.25 million in each fiscal
276 year shall be paid into the State Treasury to the credit of the
277 Grants and Donations Trust Fund in the Department of Economic
278 Opportunity to fund technical assistance to local governments.
279 3. The Ecosystem Management and Restoration Trust Fund in
280 the amount of the lesser of 2.12 percent of the remainder or $30
281 million in each fiscal year, to be used for the preservation and
282 repair of the state’s beaches as provided in ss. 161.091
283 161.212.
284 4. General Inspection Trust Fund in the amount of the
285 lesser of .02 percent of the remainder or $300,000 in each
286 fiscal year to be used to fund oyster management and restoration
287 programs as provided in s. 379.362(3).
288
289 Moneys distributed pursuant to paragraphs (a) and (b) this
290 paragraph may not be pledged for debt service unless such pledge
291 is approved by referendum of the voters.
292 (d) After the required payments under paragraphs (a), (b),
293 and (c), the remainder shall be paid into the State Treasury to
294 the credit of the General Revenue Fund to be used and expended
295 for the purposes for which the General Revenue Fund was created
296 and exists by law.
297 (2) The lesser of 7.56 percent of the remaining taxes or
298 $84.9 million in each fiscal year shall be distributed as
299 follows:
300 (a) Six million and three hundred thousand dollars shall be
301 paid into the State Treasury to the credit of the General
302 Revenue Fund.
303 (b) The remainder shall be paid into the State Treasury to
304 the credit of the Land Acquisition Trust Fund. Sums deposited in
305 the fund pursuant to this subsection may be used for any purpose
306 for which funds deposited in the Land Acquisition Trust Fund may
307 lawfully be used.
308 (3)(a) The lesser of 1.94 percent of the remaining taxes or
309 $26 million in each fiscal year shall be distributed in the
310 following order:
311 1. Amounts necessary to pay debt service or to fund debt
312 service reserve funds, rebate obligations, or other amounts
313 payable with respect to bonds issued before February 1, 2009,
314 pursuant to this subsection shall be paid into the State
315 Treasury to the credit of the Land Acquisition Trust Fund.
316 2. Eleven million dollars shall be paid into the State
317 Treasury to the credit of the General Revenue Fund.
318 3. The remainder shall be paid into the State Treasury to
319 the credit of the Land Acquisition Trust Fund.
320 (b) Moneys deposited in the Land Acquisition Trust Fund
321 pursuant to this subsection shall be used to acquire coastal
322 lands or to pay debt service on bonds issued to acquire coastal
323 lands and to develop and manage lands acquired with moneys from
324 the trust fund.
325 (4) The lesser of 4.2 percent of the remaining taxes or
326 $60.5 million in each fiscal year shall be paid into the State
327 Treasury to the credit of the Water Management Lands Trust Fund.
328 Sums deposited in that fund may be used for any purpose
329 authorized in s. 373.59. An amount equal to the amounts
330 necessary to pay debt service or to fund debt service reserve
331 funds, rebate obligations, or other amounts payable with respect
332 to bonds authorized pursuant to s. 215.619(1)(a)2. and the
333 proviso associated with Specific Appropriation 1626A of the
334 2014-2015 General Appropriations Act shall be transferred
335 annually from the Water Management Lands Trust Fund to the
336 General Revenue Fund.
337 (5) Of the remaining taxes, 3.52 percent shall be paid into
338 the State Treasury to the credit of the Conservation and
339 Recreation Lands Trust Fund to carry out the purposes set forth
340 in s. 259.032. Eleven and fifteen hundredths percent of the
341 amount credited to the Conservation and Recreation Lands Trust
342 Fund pursuant to this subsection shall be transferred to the
343 State Game Trust Fund and used for land management activities.
344 (6) The lesser of 2.28 percent of the remaining taxes or
345 $34.1 million in each fiscal year shall be paid into the State
346 Treasury to the credit of the Invasive Plant Control Trust Fund
347 to carry out the purposes set forth in ss. 369.22 and 369.252.
348 (7) The lesser of .5 percent of the remaining taxes or $9.3
349 million in each fiscal year shall be paid into the State
350 Treasury to the credit of the State Game Trust Fund to be used
351 exclusively for the purpose of implementing the Lake Restoration
352 2020 Program.
353 (8) One-half of one percent of the remaining taxes shall be
354 paid into the State Treasury and divided equally to the credit
355 of the Department of Environmental Protection Water Quality
356 Assurance Trust Fund to address water quality impacts associated
357 with nonagricultural nonpoint sources and to the credit of the
358 Department of Agriculture and Consumer Services General
359 Inspection Trust Fund to address water quality impacts
360 associated with agricultural nonpoint sources, respectively.
361 These funds shall be used for research, development,
362 demonstration, and implementation of suitable best management
363 practices or other measures used to achieve water quality
364 standards in surface waters and water segments identified
365 pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
366 500, 33 U.S.C. ss. 1251 et seq. Implementation of best
367 management practices and other measures may include cost-share
368 grants, technical assistance, implementation tracking, and
369 conservation leases or other agreements for water quality
370 improvement. The Department of Environmental Protection and the
371 Department of Agriculture and Consumer Services may adopt rules
372 governing the distribution of funds for implementation of best
373 management practices. The unobligated balance of funds received
374 from the distribution of taxes collected under this chapter to
375 address water quality impacts associated with nonagricultural
376 nonpoint sources must be excluded when calculating the
377 unobligated balance of the Water Quality Assurance Trust Fund as
378 it relates to the determination of the applicable excise tax
379 rate.
380 (c)(9) Eleven and twenty-four Seven and fifty-three
381 hundredths percent of the remainder remaining taxes in each
382 fiscal year shall be paid into the State Treasury to the credit
383 of the State Housing Trust Fund. Out Of such funds, beginning in
384 the 2012-2013 fiscal year, the first $35 million shall be
385 transferred annually, subject to any distribution required under
386 subsection (5) (15), to the State Economic Enhancement and
387 Development Trust Fund within the Department of Economic
388 Opportunity. The remainder shall be used as follows:
389 1.(a) Half of that amount shall be used for the purposes
390 for which the State Housing Trust Fund was created and exists by
391 law.
392 2.(b) Half of that amount shall be paid into the State
393 Treasury to the credit of the Local Government Housing Trust
394 Fund and used for the purposes for which the Local Government
395 Housing Trust Fund was created and exists by law.
396 (d)(10) Twelve and ninety-three Eight and sixty-six
397 hundredths percent of the remainder remaining taxes in each
398 fiscal year shall be paid into the State Treasury to the credit
399 of the State Housing Trust Fund. Out Of such funds, beginning in
400 the 2012-2013 fiscal year, the first $40 million shall be
401 transferred annually, subject to any distribution required under
402 subsection (5) (15), to the State Economic Enhancement and
403 Development Trust Fund within the Department of Economic
404 Opportunity. The remainder shall be used as follows:
405 1.(a) Twelve and one-half percent of that amount shall be
406 deposited into the State Housing Trust Fund and be expended by
407 the Department of Economic Opportunity and by the Florida
408 Housing Finance Corporation for the purposes for which the State
409 Housing Trust Fund was created and exists by law.
410 2.(b) Eighty-seven and one-half percent of that amount
411 shall be distributed to the Local Government Housing Trust Fund
412 and used for the purposes for which the Local Government Housing
413 Trust Fund was created and exists by law. Funds from this
414 category may also be used to provide for state and local
415 services to assist the homeless.
416 (e) The lesser of 0.017 percent of the remainder or
417 $300,000 in each fiscal year shall be paid into the State
418 Treasury to the credit of the General Inspection Trust Fund to
419 be used to fund oyster management and restoration programs as
420 provided in s. 379.362(3).
421 (11) The distribution of proceeds deposited into the Water
422 Management Lands Trust Fund and the Conservation and Recreation
423 Lands Trust Fund, pursuant to subsections (4) and (5), may not
424 be used for land acquisition but may be used for preacquisition
425 costs associated with land purchases. The Legislature intends
426 that the Florida Forever program supplant the acquisition
427 programs formerly authorized under ss. 259.032 and 373.59.
428 (12) Amounts distributed pursuant to subsections (5), (6),
429 (7), and (8) are subject to the payment of debt service on
430 outstanding Conservation and Recreation Lands revenue bonds.
431 (13) In each fiscal year that the remaining taxes exceed
432 collections in the prior fiscal year, the stated maximum dollar
433 amounts provided in subsections (2), (4), (6), and (7) shall
434 each be increased by an amount equal to 10 percent of the
435 increase in the remaining taxes collected under this chapter
436 multiplied by the applicable percentage provided in those
437 subsections.
438 (14) If the payment requirements in any year for bonds
439 outstanding on July 1, 2007, or bonds issued to refund such
440 bonds, exceed the limitations of this section, distributions to
441 the trust fund from which the bond payments are made must be
442 increased to the lesser of the amount needed to pay bond
443 obligations or the limit of the applicable percentage
444 distribution provided in subsections (1)-(10).
445 (5)(15) Distributions to the State Housing Trust Fund
446 pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
447 must be sufficient to cover amounts required to be transferred
448 to the Florida Affordable Housing Guarantee Program’s annual
449 debt service reserve and guarantee fund pursuant to s.
450 420.5092(6)(a) and (b) up to the amount required to be
451 transferred to such reserve and fund based on the percentage
452 distribution of documentary stamp tax revenues to the State
453 Housing Trust Fund which is in effect in the 2004-2005 fiscal
454 year.
455 (16) If amounts necessary to pay debt service or any other
456 amounts payable with respect to Preservation 2000 bonds, Florida
457 Forever bonds, or Everglades Restoration bonds authorized before
458 January 1, 2015, exceed the amounts distributable pursuant to
459 subsection (1), all moneys distributable pursuant to this
460 section are available for such obligations and transferred in
461 the amounts necessary to pay such obligations when due. However,
462 amounts distributable pursuant to subsection (2), subsection
463 (3), subsection (4), subsection (5), paragraph (9)(a), or
464 paragraph (10)(a) are not available to pay such obligations to
465 the extent that such moneys are necessary to pay debt service on
466 bonds secured by revenues pursuant to those provisions.
467 (6)(17) After the distributions provided in the preceding
468 subsections, any remaining taxes shall be paid into the State
469 Treasury to the credit of the General Revenue Fund.
470 Section 10. Paragraphs (a) and (b) of subsection (6) of
471 section 211.3103, Florida Statutes, are amended to read:
472 211.3103 Levy of tax on severance of phosphate rock; rate,
473 basis, and distribution of tax.—
474 (6)(a) Beginning January 1, 2023 July 1 of the 2011-2012
475 fiscal year, the proceeds of all taxes, interest, and penalties
476 imposed under this section are exempt from the general revenue
477 service charge provided in s. 215.20, and such proceeds shall be
478 paid into the State Treasury as follows:
479 1. To the credit of the State Park Conservation and
480 Recreation Lands Trust Fund, 25.5 percent.
481 2. To the credit of the General Revenue Fund of the state,
482 35.7 percent.
483 3. For payment to counties in proportion to the number of
484 tons of phosphate rock produced from a phosphate rock matrix
485 located within such political boundary, 12.8 percent. The
486 department shall distribute this portion of the proceeds
487 annually based on production information reported by the
488 producers on the annual returns for the taxable year. Any such
489 proceeds received by a county shall be used only for phosphate
490 related expenses.
491 4. For payment to counties that have been designated as a
492 rural area of opportunity pursuant to s. 288.0656 in proportion
493 to the number of tons of phosphate rock produced from a
494 phosphate rock matrix located within such political boundary,
495 10.0 percent. The department shall distribute this portion of
496 the proceeds annually based on production information reported
497 by the producers on the annual returns for the taxable year.
498 Payments under this subparagraph shall be made to the counties
499 unless the Legislature by special act creates a local authority
500 to promote and direct the economic development of the county. If
501 such authority exists, payments shall be made to that authority.
502 5. To the credit of the Nonmandatory Land Reclamation Trust
503 Fund, 6.2 percent.
504 6. To the credit of the Phosphate Research Trust Fund in
505 the Division of Universities of the Department of Education, 6.2
506 percent.
507 7. To the credit of the Minerals Trust Fund, 3.6 percent.
508 (b) Notwithstanding paragraph (a), from July January 1,
509 2015, until December 31, 2022, the proceeds of all taxes,
510 interest, and penalties imposed under this section are exempt
511 from the general revenue service charge provided in s. 215.20,
512 and such proceeds shall be paid to the State Treasury as
513 follows:
514 1. To the credit of the State Park Conservation and
515 Recreation Lands Trust Fund, 22.8 percent.
516 2. To the credit of the General Revenue Fund of the state,
517 31.9 percent.
518 3. For payment to counties pursuant to subparagraph (a)3.,
519 11.5 percent.
520 4. For payment to counties pursuant to subparagraph (a)4.,
521 8.9 percent.
522 5. To the credit of the Nonmandatory Land Reclamation Trust
523 Fund, 16.1 percent.
524 6. To the credit of the Phosphate Research Trust Fund in
525 the Division of Universities of the Department of Education, 5.6
526 percent.
527 7. To the credit of the Minerals Trust Fund, 3.2 percent.
528 Section 11. Subsection (2) of section 215.20, Florida
529 Statutes, is amended to read:
530 215.20 Certain income and certain trust funds to contribute
531 to the General Revenue Fund.—
532 (2) Notwithstanding the provisions of subsection (1), the
533 trust funds of the Department of Citrus and the Department of
534 Agriculture and Consumer Services, including funds collected in
535 the General Inspection Trust Fund for marketing orders and in
536 the Florida Citrus Advertising Trust Fund, shall be subject to a
537 4 percent service charge, which is hereby appropriated to the
538 General Revenue Fund. This subsection paragraph does not apply
539 to the Conservation and Recreation Lands Program Trust Fund, the
540 Citrus Inspection Trust Fund, the Florida Forever Program Trust
541 Fund, the Market Improvements Working Capital Trust Fund, the
542 Pest Control Trust Fund, the Plant Industry Trust Fund, or other
543 funds collected in the General Inspection Trust Fund in the
544 Department of Agriculture and Consumer Services.
545 Section 12. Paragraph (a) of subsection (1) and subsections
546 (2), (3), and (6) of section 215.618, Florida Statutes, are
547 amended to read:
548 215.618 Bonds for acquisition and improvement of land,
549 water areas, and related property interests and resources.—
550 (1)(a) The issuance of Florida Forever bonds, not to exceed
551 $5.3 billion, to finance or refinance the cost of acquisition
552 and improvement of land, water areas, and related property
553 interests and resources, in urban and rural settings, for the
554 purposes of restoration, conservation, recreation, water
555 resource development, or historical preservation, and for
556 capital improvements to lands and water areas that accomplish
557 environmental restoration, enhance public access and
558 recreational enjoyment, promote long-term management goals, and
559 facilitate water resource development is hereby authorized,
560 subject to the provisions of s. 259.105 and pursuant to s.
561 11(e), Art. VII of the State Constitution and, on or after July
562 1, 2015, to also finance or refinance the acquisition and
563 improvement of land, water areas, and related property interests
564 as provided in s. 28, Art. X of the State Constitution. Florida
565 Forever bonds may also be issued to refund Preservation 2000
566 bonds issued pursuant to s. 375.051. The $5.3 billion limitation
567 on the issuance of Florida Forever bonds does not apply to
568 refunding bonds. The duration of each series of Florida Forever
569 bonds issued may not exceed 20 annual maturities. Not more than
570 58.25 percent of documentary stamp taxes collected may be taken
571 into account for the purpose of satisfying an additional bonds
572 test set forth in any authorizing resolution for bonds issued on
573 or after July 1, 2015 Preservation 2000 bonds and Florida
574 Forever bonds shall be equally and ratably secured by moneys
575 distributable to the Land Acquisition Trust Fund pursuant to s.
576 201.15(1)(a), except to the extent specifically provided
577 otherwise by the documents authorizing the issuance of the
578 bonds.
579 (2) The state covenants does hereby covenant with the
580 holders of Florida Forever bonds and Preservation 2000 bonds
581 that it will not take any action which will materially and
582 adversely affect the rights of such holders so long as such
583 bonds are outstanding, including, but not limited to, a
584 reduction in the portion of documentary stamp taxes
585 distributable to the Land Acquisition Trust Fund for payment of
586 debt service on Preservation 2000 bonds or Florida Forever
587 bonds.
588 (3) Bonds issued pursuant to this section are shall be
589 payable from taxes distributable to the Land Acquisition Trust
590 Fund pursuant to s. 201.15 s. 201.15(1)(a). Bonds issued
591 pursuant to this section do shall not constitute a general
592 obligation of, or a pledge of the full faith and credit of, the
593 state.
594 (6) Pursuant to authority granted by s. 11(e), Art. VII of
595 the State Constitution, there is hereby continued and re-created
596 the Land Acquisition Trust Fund which shall be a continuation of
597 the Land Acquisition Trust Fund which exists for purposes of s.
598 9(a)(1), Art. XII of the State Constitution. The Land
599 Acquisition Trust Fund shall continue beyond the termination of
600 bonding authority provided for in s. 9(a)(1), Art. XII of the
601 State Constitution, pursuant to the authority provided by s.
602 11(e), Art. VII of the State Constitution and shall continue for
603 so long as Preservation 2000 bonds or Florida Forever bonds are
604 outstanding and secured by taxes distributable thereto.
605 Section 13. Paragraph (b) of subsection (1) and subsections
606 (2) and (3) of section 215.619, Florida Statutes, are amended to
607 read:
608 215.619 Bonds for Everglades restoration.—
609 (1) The issuance of Everglades restoration bonds to finance
610 or refinance the cost of the acquisition and improvement of
611 land, water areas, and related property interests and resources
612 for the purpose of implementing the Comprehensive Everglades
613 Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
614 Protection Plan under s. 373.4595, the Caloosahatchee River
615 Watershed Protection Plan under s. 373.4595, the St. Lucie River
616 Watershed Protection Plan under s. 373.4595, and the Florida
617 Keys Area of Critical State Concern protection program under ss.
618 380.05 and 380.0552 in order to restore and conserve natural
619 systems through the implementation of water management projects,
620 including wastewater management projects identified in the Keys
621 Wastewater Plan, dated November 2007, and submitted to the
622 Florida House of Representatives on December 4, 2007, is
623 authorized in accordance with s. 11(e), Art. VII of the State
624 Constitution.
625 (b) The duration of Everglades restoration bonds may not
626 exceed 20 annual maturities and must mature by December 31,
627 2040. Except for refunding bonds, a series of bonds may not be
628 issued unless an amount equal to the debt service coming due in
629 the year of issuance has been appropriated by the Legislature.
630 Not more than 58.25 percent of documentary stamp taxes collected
631 may be taken into account for the purpose of satisfying an
632 additional bonds test set forth in any authorizing resolution
633 for bonds issued on or after July 1, 2015. Beginning July 1,
634 2010, the Legislature shall analyze the ratio of the state’s
635 debt to projected revenues before authorizing the issuance of
636 bonds under this section.
637 (2) The state covenants with the holders of Everglades
638 restoration bonds that it will not take any action that will
639 materially and adversely affect the rights of the holders so
640 long as the bonds are outstanding, including, but not limited
641 to, a reduction in the portion of documentary stamp taxes
642 distributable under s. 205.15 s. 201.15(1) for payment of debt
643 service on Preservation 2000 bonds, Florida Forever bonds, or
644 Everglades restoration bonds.
645 (3) Everglades restoration bonds are payable from, and
646 secured by a first lien on, taxes distributable under s. 201.15
647 s. 201.15(1)(b) and do not constitute a general obligation of,
648 or a pledge of the full faith and credit of, the state.
649 Everglades restoration bonds shall be secured on a parity basis
650 with Florida Forever bonds issued pursuant to s. 215.618 secured
651 by moneys distributable under s. 201.15(1)(a).
652 Section 14. Subsection (5) of section 253.027, Florida
653 Statutes, is amended to read:
654 253.027 Emergency archaeological property acquisition.—
655 (5) ACCOUNT EXPENDITURES.—
656 (a) No moneys shall be spent for the acquisition of any
657 property, including title works, appraisal fees, and survey
658 costs, unless:
659 1. The property is an archaeological property of major
660 statewide significance.
661 2. The structures, artifacts, or relics, or their historic
662 significance, will be irretrievably lost if the state cannot
663 acquire the property.
664 3. The site is presently on an acquisition list for
665 Conservation and Recreation Lands or for Florida Forever lands,
666 or complies with the criteria for inclusion on any such list,
667 but has yet to be included on the list.
668 4. No other source of immediate funding is available to
669 purchase or otherwise protect the property.
670 5. The site is not otherwise protected by local, state, or
671 federal laws.
672 6. The acquisition is not inconsistent with the state
673 comprehensive plan and the state land acquisition program.
674 (b) No moneys shall be spent from the account for
675 excavation or restoration of the properties acquired. Funds may
676 be spent for preliminary surveys to determine if the sites meet
677 the criteria of this section. An amount not to exceed $100,000
678 may also be spent from the account to inventory and evaluate
679 archaeological and historic resources on properties purchased,
680 or proposed for purchase, pursuant to s. 259.105(3)(b) s.
681 259.032.
682 Section 15. Subsection (12) of section 253.03, Florida
683 Statutes, is amended to read:
684 253.03 Board of trustees to administer state lands; lands
685 enumerated.—
686 (12) The Board of Trustees of the Internal Improvement
687 Trust Fund is hereby authorized to administer, manage, control,
688 conserve, protect, and sell all real property forfeited to the
689 state pursuant to ss. 895.01-895.09 or acquired by the state
690 pursuant to s. 607.0505 or former s. 620.192. The board is
691 directed to immediately determine the value of all such property
692 and shall ascertain whether the property is in any way
693 encumbered. If the board determines that it is in the best
694 interest of the state to do so, funds from the Internal
695 Improvement Trust Fund may be used to satisfy any such
696 encumbrances. If forfeited property receipts are not sufficient
697 to satisfy encumbrances on the property and expenses permitted
698 under this section, funds from another appropriate the Land
699 Acquisition trust fund may be used to satisfy any such
700 encumbrances and expenses. All property acquired by the board
701 pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09
702 shall be sold as soon as commercially feasible unless the
703 Attorney General recommends and the board determines that
704 retention of the property in public ownership would effectuate
705 one or more of the following policies of statewide significance:
706 protection or enhancement of floodplains, marshes, estuaries,
707 lakes, rivers, wilderness areas, wildlife areas, wildlife
708 habitat, or other environmentally sensitive natural areas or
709 ecosystems; or preservation of significant archaeological or
710 historical sites identified by the Secretary of State. In such
711 event the property shall remain in the ownership of the board,
712 to be controlled, managed, and disposed of in accordance with
713 this chapter, and the Internal Improvement Trust Fund shall be
714 reimbursed from the Land Acquisition Trust Fund, or other
715 appropriate fund designated by the board, for any funds expended
716 from the Internal Improvement Trust Fund pursuant to this
717 subsection in regard to such property. Upon the recommendation
718 of the Attorney General, the board may reimburse the
719 investigative agency for its investigative expenses, costs, and
720 attorneys’ fees, and may reimburse law enforcement agencies for
721 actual expenses incurred in conducting investigations leading to
722 the forfeiture of such property from funds deposited in the
723 Internal Improvement Trust Fund of the Department of
724 Environmental Protection. The proceeds of the sale of property
725 acquired under s. 607.0505, former s. 620.192, or ss. 895.01
726 895.09 shall be distributed as follows:
727 (a) After satisfaction of any valid claims arising under
728 the provisions of s. 895.09(1)(a) or (b), any moneys used to
729 satisfy encumbrances and expended as costs of administration,
730 appraisal, management, conservation, protection, sale, and real
731 estate sales services and any interest earnings lost to the Land
732 Acquisition trust fund that was used as of a date certified by
733 the Department of Environmental Protection shall be replaced
734 first in the Land Acquisition trust fund that was used to
735 satisfy any such encumbrance or expense, if those funds were
736 used, and then in the Internal Improvement Trust Fund; and
737 (b) The remainder shall be distributed as set forth in s.
738 895.09.
739 Section 16. Subsection (3), paragraphs (a) and (k) through
740 (n) of subsection (6), and subsections (10) and (11) of section
741 253.034, Florida Statutes, are amended to read:
742 253.034 State-owned lands; uses.—
743 (3) Recognizing In recognition that recreational trails
744 purchased with rails-to-trails funds pursuant to former s.
745 259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have
746 had historic transportation uses and that their linear character
747 may extend many miles, the Legislature intends that if when the
748 necessity arises to serve public needs, after balancing the need
749 to protect trail users from collisions with automobiles and a
750 preference for the use of overpasses and underpasses to the
751 greatest extent feasible and practical, transportation uses
752 shall be allowed to cross recreational trails purchased pursuant
753 to former s. 259.101(3)(g), Florida Statutes 2014, or s.
754 259.105(3)(h). When these crossings are needed, the location and
755 design should consider and mitigate the impact on humans and
756 environmental resources, and the value of the land shall be paid
757 based on fair market value.
758 (6) The Board of Trustees of the Internal Improvement Trust
759 Fund shall determine which lands, the title to which is vested
760 in the board, may be surplused. For conservation lands, the
761 board shall determine whether the lands are no longer needed for
762 conservation purposes and may dispose of them by an affirmative
763 vote of at least three members. In the case of a land exchange
764 involving the disposition of conservation lands, the board must
765 determine by an affirmative vote of at least three members that
766 the exchange will result in a net positive conservation benefit.
767 For all other lands, the board shall determine whether the lands
768 are no longer needed and may dispose of them by an affirmative
769 vote of at least three members.
770 (a) For the purposes of this subsection, all lands acquired
771 by the state before July 1, 1999, using proceeds from
772 Preservation 2000 bonds, the former Conservation and Recreation
773 Lands Trust Fund, the former Water Management Lands Trust Fund,
774 Environmentally Endangered Lands Program, and the Save Our Coast
775 Program and titled to the board which are identified as core
776 parcels or within original project boundaries are deemed to have
777 been acquired for conservation purposes.
778 (k) Proceeds from the any sale of surplus conservation
779 lands purchased before July 1, 2015, pursuant to this subsection
780 shall be deposited into the Florida Forever Trust Fund from
781 which such lands were acquired.
782 (l) Proceeds from the sale of surplus conservation lands
783 purchased on or after July 1, 2015, shall be deposited into the
784 Land Acquisition Trust Fund, except when such lands were
785 purchased with funds other than those from the Land Acquisition
786 Trust Fund or a land acquisition trust fund created to implement
787 s. 28, Art. X of the State Constitution, the proceeds shall be
788 deposited into the fund from which the lands were purchased
789 However, if the fund from which the lands were originally
790 acquired no longer exists, such proceeds shall be deposited into
791 an appropriate account to be used for land management by the
792 lead managing agency assigned the lands before the lands were
793 declared surplus.
794 (m) Funds received from the sale of surplus nonconservation
795 lands, or lands that were acquired by gift, by donation, or for
796 no consideration, shall be deposited into the Internal
797 Improvement Trust Fund.
798 (n)(l) Notwithstanding this subsection, such disposition of
799 land may not be made if it would have the effect of causing all
800 or any portion of the interest on any revenue bonds issued to
801 lose the exclusion from gross income for federal income tax
802 purposes.
803 (o)(m) The sale of filled, formerly submerged land that
804 does not exceed 5 acres in area is not subject to review by the
805 council or its successor.
806 (p)(n) The board may adopt rules to administer this section
807 which may include procedures for administering surplus land
808 requests and criteria for when the division may approve requests
809 to surplus nonconservation lands on behalf of the board.
810 (10) The following additional uses of conservation lands
811 acquired pursuant to the Florida Forever program and other
812 state-funded conservation land purchase programs shall be
813 authorized, upon a finding by the board of trustees, if they
814 meet the criteria specified in paragraphs (a)-(e): water
815 resource development projects, water supply development
816 projects, stormwater management projects, linear facilities, and
817 sustainable agriculture and forestry. Such additional uses are
818 authorized where:
819 (a) Not inconsistent with the management plan for such
820 lands;
821 (b) Compatible with the natural ecosystem and resource
822 values of such lands;
823 (c) The proposed use is appropriately located on such lands
824 and where due consideration is given to the use of other
825 available lands;
826 (d) The using entity reasonably compensates the titleholder
827 for such use based upon an appropriate measure of value; and
828 (e) The use is consistent with the public interest.
829
830 A decision by the board of trustees pursuant to this section
831 shall be given a presumption of correctness. Moneys received
832 from the use of state lands pursuant to this section shall be
833 returned to the lead managing entity in accordance with s.
834 259.032(9)(c) the provisions of s. 259.032(11)(c).
835 (11) Lands listed as projects for acquisition may be
836 managed for conservation pursuant to s. 259.032, on an interim
837 basis by a private party in anticipation of a state purchase in
838 accordance with a contractual arrangement between the acquiring
839 agency and the private party that may include management service
840 contracts, leases, cost-share arrangements or resource
841 conservation agreements. Lands designated as eligible under this
842 subsection shall be managed to maintain or enhance the resources
843 the state is seeking to protect by acquiring the land. Funding
844 for these contractual arrangements may originate from the
845 documentary stamp tax revenue deposited into the Land
846 Acquisition Conservation and Recreation Lands Trust Fund and
847 Water Management Lands Trust Fund. No more than $6.2 million may
848 be expended from the Land Acquisition Trust Fund 5 percent of
849 funds allocated under the trust funds shall be expended for this
850 purpose.
851 Section 17. Section 253.7824, Florida Statutes, is amended
852 to read:
853 253.7824 Sale of products; proceeds.—The department may
854 authorize the removal and sale of products from the land where
855 environmentally appropriate, the proceeds from which shall be
856 deposited into the appropriate in the Land Acquisition trust
857 fund in accordance with the same disposition provided under s.
858 253.034(6)(k), (l), or (m) applicable to the sale of land.
859 Section 18. Paragraph (b) of subsection (3) of section
860 258.015, Florida Statutes, is amended to read:
861 258.015 Citizen support organizations; use of property;
862 audit.—
863 (3) PARTNERSHIPS IN PARKS.—
864 (b) The Legislature may annually appropriate funds from the
865 Land Acquisition Trust Fund for use only as state matching
866 funds, in conjunction with private donations in aggregates of at
867 least $60,000 matched by $40,000 of state funds for a total
868 minimum project amount of $100,000 for capital improvement
869 facility development at state parks, at either individually
870 designated parks or for priority projects within the overall
871 state park system. Not more than 30 percent of the Land
872 Acquisition Trust Fund unencumbered fund balance or $3 million,
873 whichever is less, shall be reserved, available annually for
874 matching private donations. The amount held in reserve for the
875 state match will be no greater than $6 million for any fiscal
876 year. State funds from the Land Acquisition Trust Fund or other
877 appropriate funding sources shall be used for matching private
878 donations for 40 percent of the projects’ costs. Funds held in
879 reserve for the purposes of this subsection shall be available
880 only after the requirements of s. 375.041(4) s. 375.041(3) are
881 met. Citizen support organizations organized and operating for
882 the benefit of state parks may acquire private donations
883 pursuant to this section, and matching state funds for approved
884 projects may be provided in accordance with this subsection. The
885 department is authorized to properly recognize and honor a
886 private donor by placing a plaque or other appropriate
887 designation noting the contribution on project facilities or by
888 naming project facilities after the person or organization that
889 provided matching funds. The department is authorized to adopt
890 necessary administrative rules to carry out the purposes of this
891 subsection.
892 Section 19. Subsections (1) and (2) of section 258.435,
893 Florida Statutes, are amended to read:
894 258.435 Use of aquatic preserves for the accommodation of
895 visitors.—
896 (1) The Department of Environmental Protection shall
897 promote the public use of aquatic preserves and their associated
898 uplands. The department may receive gifts and donations to carry
899 out the purpose of this part. Moneys received in trust by the
900 department by gift, devise, appropriation, or otherwise, subject
901 to the terms of such trust, shall be deposited into the Grants
902 and Donations Land Acquisition Trust Fund and appropriated to
903 the department for the administration, development, improvement,
904 promotion, and maintenance of aquatic preserves and their
905 associated uplands and for any future acquisition or development
906 of aquatic preserves and their associated uplands.
907 (2) The department may grant a privilege or concession for
908 the accommodation of visitors in and use of aquatic preserves
909 and their associated state-owned uplands if the privilege or
910 concession does not deny or interfere with the public’s access
911 to such lands and is compatible with the aquatic preserve’s
912 management plan as approved by the Acquisition and Restoration
913 Council. Moneys received by the department under this subsection
914 shall be deposited into the Internal Improvement Trust Fund. A
915 concession must be granted based on business plans,
916 qualifications, approach, and specified expectations or
917 criteria. A privilege or concession may not be assigned or
918 transferred by the grantee without the consent of the
919 department.
920 Section 20. Section 259.032, Florida Statutes, is amended
921 to read:
922 259.032 Conservation and recreation lands Trust Fund;
923 purpose.—
924 (1) It is the policy of the state that the citizens of this
925 state shall be assured public ownership of natural areas for
926 purposes of maintaining this state’s unique natural resources;
927 protecting air, land, and water quality; promoting water
928 resource development to meet the needs of natural systems and
929 citizens of this state; promoting restoration activities on
930 public lands; and providing lands for natural resource based
931 recreation. In recognition of this policy, it is the intent of
932 the Legislature to provide such public lands for the people
933 residing in urban and metropolitan areas of the state, as well
934 as those residing in less populated, rural areas. It is the
935 further intent of the Legislature, with regard to the lands
936 described in paragraph (2)(c) (3)(c), that a high priority be
937 given to the acquisition, restoration, and management of such
938 lands in or near counties exhibiting the greatest concentration
939 of population and, with regard to the lands described in
940 subsection (2) (3), that a high priority be given to acquiring
941 lands or rights or interests in lands that advance the goals and
942 objectives of the Fish and Wildlife Conservation Commission’s
943 approved species or habitat recovery plans, or lands within any
944 area designated as an area of critical state concern under s.
945 380.05 which, in the judgment of the advisory council
946 established pursuant to s. 259.035, or its successor, cannot be
947 adequately protected by application of land development
948 regulations adopted pursuant to s. 380.05. Finally, it is the
949 Legislature’s intent that lands acquired for conservation and
950 recreation purposes through this program and any successor
951 programs be managed in such a way as to protect or restore their
952 natural resource values, and provide the greatest benefit,
953 including public access, to the citizens of this state.
954 (2)(a) The Conservation and Recreation Lands Trust Fund is
955 established within the Department of Environmental Protection.
956 The fund shall be used as a nonlapsing, revolving fund
957 exclusively for the purposes of this section. The fund shall be
958 credited with proceeds from the following excise taxes:
959 1. The excise taxes on documents as provided in s. 201.15;
960 and
961 2. The excise tax on the severance of phosphate rock as
962 provided in s. 211.3103.
963
964 The Department of Revenue shall credit to the fund each month
965 the proceeds from such taxes as provided in this paragraph.
966 (b) There shall annually be transferred from the
967 Conservation and Recreation Lands Trust Fund to the Land
968 Acquisition Trust Fund that amount, not to exceed $20 million
969 annually, as shall be necessary to pay the debt service on, or
970 fund debt service reserve funds, rebate obligations, or other
971 amounts with respect to bonds issued pursuant to s. 375.051 to
972 acquire lands on the established priority list developed
973 pursuant to ss. 259.101(4) and 259.105; however, no moneys
974 transferred to the Land Acquisition Trust Fund pursuant to this
975 paragraph, or earnings thereon, shall be used or made available
976 to pay debt service on the Save Our Coast revenue bonds. Amounts
977 transferred annually from the Conservation and Recreation Lands
978 Trust Fund to the Land Acquisition Trust Fund pursuant to this
979 paragraph shall have the highest priority over other payments or
980 transfers from the Conservation and Recreation Lands Trust Fund,
981 and no other payments or transfers shall be made from the
982 Conservation and Recreation Lands Trust Fund until such
983 transfers to the Land Acquisition Trust Fund have been made.
984 Moneys in the Conservation and Recreation Lands Trust Fund also
985 shall be used to manage lands and to pay for related costs,
986 activities, and functions pursuant to the provisions of this
987 section.
988 (2)(3) The Governor and Cabinet, sitting as the Board of
989 Trustees of the Internal Improvement Trust Fund, may expend
990 allocate moneys appropriated by the Legislature from the fund in
991 any one year to acquire the fee or any lesser interest in lands
992 for the following public purposes:
993 (a) To conserve and protect environmentally unique and
994 irreplaceable lands that contain native, relatively unaltered
995 flora and fauna representing a natural area unique to, or scarce
996 within, a region of this state or a larger geographic area;
997 (b) To conserve and protect lands within designated areas
998 of critical state concern, if the proposed acquisition relates
999 to the natural resource protection purposes of the designation;
1000 (c) To conserve and protect native species habitat or
1001 endangered or threatened species, emphasizing long-term
1002 protection for endangered or threatened species designated G-1
1003 or G-2 by the Florida Natural Areas Inventory, and especially
1004 those areas that are special locations for breeding and
1005 reproduction;
1006 (d) To conserve, protect, manage, or restore important
1007 ecosystems, landscapes, and forests, if the protection and
1008 conservation of such lands is necessary to enhance or protect
1009 significant surface water, groundwater, coastal, recreational,
1010 timber, or fish or wildlife resources which cannot otherwise be
1011 accomplished through local and state regulatory programs;
1012 (e) To promote water resource development that benefits
1013 natural systems and citizens of the state;
1014 (f) To facilitate the restoration and subsequent health and
1015 vitality of the Florida Everglades;
1016 (g) To provide areas, including recreational trails, for
1017 natural resource based recreation and other outdoor recreation
1018 on any part of any site compatible with conservation purposes;
1019 (h) To preserve significant archaeological or historic
1020 sites;
1021 (i) To conserve urban open spaces suitable for greenways or
1022 outdoor recreation which are compatible with conservation
1023 purposes; or
1024 (j) To preserve agricultural lands under threat of
1025 conversion to development through less-than-fee acquisitions.
1026 (3)(4) Lands acquired for conservation and recreation
1027 purposes under this section shall be for use as state-designated
1028 parks, recreation areas, preserves, reserves, historic or
1029 archaeological sites, geologic or botanical sites, recreational
1030 trails, forests, wilderness areas, wildlife management areas,
1031 urban open space, or other state-designated recreation or
1032 conservation lands; or they shall qualify for such state
1033 designation and use if they are to be managed by other
1034 governmental agencies or nonstate entities as provided for in
1035 this section.
1036 (4)(5) The board of trustees may expend funds appropriated
1037 by the Legislature allocate, in any year, an amount not to
1038 exceed 5 percent of the money credited to the fund in that year,
1039 such allocation to be used for the initiation and maintenance of
1040 a natural areas inventory to aid in the identification of areas
1041 to be acquired for conservation and recreation purposes pursuant
1042 to this section.
1043 (6) Moneys in the fund not needed to meet obligations
1044 incurred under this section shall be deposited with the Chief
1045 Financial Officer to the credit of the fund and may be invested
1046 in the manner provided by law. Interest received on such
1047 investments shall be credited to the Conservation and Recreation
1048 Lands Trust Fund.
1049 (5)(7) The board of trustees may enter into any contract
1050 necessary to accomplish the purposes of this section. The lead
1051 land managing agencies designated by the board of trustees also
1052 are directed by the Legislature to enter into contracts or
1053 interagency agreements with other governmental entities,
1054 including local soil and water conservation districts, or
1055 private land managers who have the expertise to perform specific
1056 management activities which a lead agency lacks, or which would
1057 cost more to provide in-house. Such activities shall include,
1058 but not be limited to, controlled burning, road and ditch
1059 maintenance, mowing, and wildlife assessments.
1060 (6)(8) Conservation and recreation lands to be considered
1061 for purchase under this section are subject to the selection
1062 procedures of s. 259.035 and related rules and shall be acquired
1063 in accordance with acquisition procedures for state lands
1064 provided for in s. 259.041, except as otherwise provided by the
1065 Legislature. An inholding or an addition to conservation and
1066 recreation lands a project selected for purchase pursuant to
1067 this chapter is not subject to the selection procedures of s.
1068 259.035 if the estimated value of such inholding or addition
1069 does not exceed $500,000. When at least 90 percent of the
1070 acreage of a project has been purchased for conservation and
1071 recreation purposes pursuant to this chapter, the project may be
1072 removed from the list and the remaining acreage may continue to
1073 be purchased. Funds appropriated to acquire conservation and
1074 recreation lands Moneys from the fund may be used for title
1075 work, appraisal fees, environmental audits, and survey costs
1076 related to acquisition expenses for lands to be acquired,
1077 donated, or exchanged which qualify under the categories of this
1078 section, at the discretion of the board. When the Legislature
1079 has authorized the Department of Environmental Protection to
1080 condemn a specific parcel of land and such parcel has already
1081 been approved for acquisition under this section, the land may
1082 be acquired in accordance with the provisions of chapter 73 or
1083 chapter 74, and the funds appropriated to acquire conservation
1084 and recreation lands fund may be used to pay the condemnation
1085 award and all costs, including a reasonable attorney fees
1086 attorney’s fee, associated with condemnation.
1087 (7)(9) All lands managed under this chapter and s. 253.034
1088 shall be:
1089 (a) Managed in a manner that will provide the greatest
1090 combination of benefits to the public and to the resources.
1091 (b) Managed for public outdoor recreation which is
1092 compatible with the conservation and protection of public lands.
1093 Such management may include, but not be limited to, the
1094 following public recreational uses: fishing, hunting, camping,
1095 bicycling, hiking, nature study, swimming, boating, canoeing,
1096 horseback riding, diving, model hobbyist activities, birding,
1097 sailing, jogging, and other related outdoor activities
1098 compatible with the purposes for which the lands were acquired.
1099 (c) Managed for the purposes for which the lands were
1100 acquired, consistent with paragraph (9)(a) (11)(a).
1101 (d) Concurrent with its adoption of the annual Conservation
1102 and Recreation Lands list of acquisition projects pursuant to s.
1103 259.035, the board of trustees shall adopt a management
1104 prospectus for each project. The management prospectus shall
1105 delineate:
1106 1. The management goals for the property;
1107 2. The conditions that will affect the intensity of
1108 management;
1109 3. An estimate of the revenue-generating potential of the
1110 property, if appropriate;
1111 4. A timetable for implementing the various stages of
1112 management and for providing access to the public, if
1113 applicable;
1114 5. A description of potential multiple-use activities as
1115 described in this section and s. 253.034;
1116 6. Provisions for protecting existing infrastructure and
1117 for ensuring the security of the project upon acquisition;
1118 7. The anticipated costs of management and projected
1119 sources of revenue, including legislative appropriations, to
1120 fund management needs; and
1121 8. Recommendations as to how many employees will be needed
1122 to manage the property, and recommendations as to whether local
1123 governments, volunteer groups, the former landowner, or other
1124 interested parties can be involved in the management.
1125 (e) Concurrent with the approval of the acquisition
1126 contract pursuant to s. 259.041(3)(c) for any interest in lands
1127 except those lands being acquired under the provisions of s.
1128 259.1052, the board of trustees shall designate an agency or
1129 agencies to manage such lands. The board shall evaluate and
1130 amend, as appropriate, the management policy statement for the
1131 project as provided by s. 259.035, consistent with the purposes
1132 for which the lands are acquired. For any fee simple acquisition
1133 of a parcel which is or will be leased back for agricultural
1134 purposes, or any acquisition of a less-than-fee interest in land
1135 that is or will be used for agricultural purposes, the Board of
1136 Trustees of the Internal Improvement Trust Fund shall first
1137 consider having a soil and water conservation district, created
1138 pursuant to chapter 582, manage and monitor such interests.
1139 (f) State agencies designated to manage lands acquired
1140 under this chapter or with funds deposited into the Land
1141 Acquisition Trust Fund, except those lands acquired under s.
1142 259.1052, may contract with local governments and soil and water
1143 conservation districts to assist in management activities,
1144 including the responsibility of being the lead land manager.
1145 Such land management contracts may include a provision for the
1146 transfer of management funding to the local government or soil
1147 and water conservation district from the land acquisition
1148 Conservation and Recreation Lands trust fund of the lead land
1149 managing agency in an amount adequate for the local government
1150 or soil and water conservation district to perform its
1151 contractual land management responsibilities and proportionate
1152 to its responsibilities, and which otherwise would have been
1153 expended by the state agency to manage the property.
1154 (g) Immediately following the acquisition of any interest
1155 in conservation and recreation lands under this chapter, the
1156 Department of Environmental Protection, acting on behalf of the
1157 board of trustees, may issue to the lead managing entity an
1158 interim assignment letter to be effective until the execution of
1159 a formal lease.
1160 (8)(10)(a) State, regional, or local governmental agencies
1161 or private entities designated to manage lands under this
1162 section shall develop and adopt, with the approval of the board
1163 of trustees, an individual management plan for each project
1164 designed to conserve and protect such lands and their associated
1165 natural resources. Private sector involvement in management plan
1166 development may be used to expedite the planning process.
1167 (b) Individual management plans required by s. 253.034(5),
1168 for parcels over 160 acres, shall be developed with input from
1169 an advisory group. Members of this advisory group shall include,
1170 at a minimum, representatives of the lead land managing agency,
1171 comanaging entities, local private property owners, the
1172 appropriate soil and water conservation district, a local
1173 conservation organization, and a local elected official. The
1174 advisory group shall conduct at least one public hearing within
1175 the county in which the parcel or project is located. For those
1176 parcels or projects that are within more than one county, at
1177 least one areawide public hearing shall be acceptable and the
1178 lead managing agency shall invite a local elected official from
1179 each county. The areawide public hearing shall be held in the
1180 county in which the core parcels are located. Notice of such
1181 public hearing shall be posted on the parcel or project
1182 designated for management, advertised in a paper of general
1183 circulation, and announced at a scheduled meeting of the local
1184 governing body before the actual public hearing. The management
1185 prospectus required pursuant to paragraph (7)(d) (9)(d) shall be
1186 available to the public for a period of 30 days prior to the
1187 public hearing.
1188 (c) Once a plan is adopted, the managing agency or entity
1189 shall update the plan at least every 10 years in a form and
1190 manner prescribed by rule of the board of trustees. Such
1191 updates, for parcels over 160 acres, shall be developed with
1192 input from an advisory group. Such plans may include transfers
1193 of leasehold interests to appropriate conservation organizations
1194 or governmental entities designated by the Land Acquisition and
1195 Management Advisory Council or its successor, for uses
1196 consistent with the purposes of the organizations and the
1197 protection, preservation, conservation, restoration, and proper
1198 management of the lands and their resources. Volunteer
1199 management assistance is encouraged, including, but not limited
1200 to, assistance by youths participating in programs sponsored by
1201 state or local agencies, by volunteers sponsored by
1202 environmental or civic organizations, and by individuals
1203 participating in programs for committed delinquents and adults.
1204 (d)1. For each project for which lands are acquired after
1205 July 1, 1995, an individual management plan shall be adopted and
1206 in place no later than 1 year after the essential parcel or
1207 parcels identified in the priority list developed pursuant to s.
1208 259.105 ss. 259.101(4) and 259.105 have been acquired. The
1209 Department of Environmental Protection shall distribute only 75
1210 percent of the acquisition funds to which a budget entity or
1211 water management district would otherwise be entitled from the
1212 Preservation 2000 Trust Fund to any budget entity or any water
1213 management district that has more than one-third of its
1214 management plans overdue.
1215 2. The requirements of subparagraph 1. do not apply to the
1216 individual management plan for the Babcock Crescent B Ranch
1217 being acquired pursuant to s. 259.1052. The management plan for
1218 the ranch shall be adopted and in place no later than 2 years
1219 following the date of acquisition by the state.
1220 (e) Individual management plans shall conform to the
1221 appropriate policies and guidelines of the state land management
1222 plan and shall include, but not be limited to:
1223 1. A statement of the purpose for which the lands were
1224 acquired, the projected use or uses as defined in s. 253.034,
1225 and the statutory authority for such use or uses.
1226 2. Key management activities necessary to achieve the
1227 desired outcomes, including, but not limited to, providing
1228 public access, preserving and protecting natural resources,
1229 protecting cultural and historical resources, restoring habitat,
1230 protecting threatened and endangered species, controlling the
1231 spread of nonnative plants and animals, performing prescribed
1232 fire activities, and other appropriate resource management.
1233 3. A specific description of how the managing agency plans
1234 to identify, locate, protect, and preserve, or otherwise use
1235 fragile, nonrenewable natural and cultural resources.
1236 4. A priority schedule for conducting management
1237 activities, based on the purposes for which the lands were
1238 acquired.
1239 5. A cost estimate for conducting priority management
1240 activities, to include recommendations for cost-effective
1241 methods of accomplishing those activities.
1242 6. A cost estimate for conducting other management
1243 activities which would enhance the natural resource value or
1244 public recreation value for which the lands were acquired. The
1245 cost estimate shall include recommendations for cost-effective
1246 methods of accomplishing those activities.
1247 7. A determination of the public uses and public access
1248 that would be consistent with the purposes for which the lands
1249 were acquired.
1250 (f) The Division of State Lands shall submit a copy of each
1251 individual management plan for parcels which exceed 160 acres in
1252 size to each member of the Acquisition and Restoration Council,
1253 which shall:
1254 1. Within 60 days after receiving a plan from the division,
1255 review each plan for compliance with the requirements of this
1256 subsection and with the requirements of the rules established by
1257 the board pursuant to this subsection.
1258 2. Consider the propriety of the recommendations of the
1259 managing agency with regard to the future use or protection of
1260 the property.
1261 3. After its review, submit the plan, along with its
1262 recommendations and comments, to the board of trustees, with
1263 recommendations as to whether to approve the plan as submitted,
1264 approve the plan with modifications, or reject the plan.
1265 (g) The board of trustees shall consider the individual
1266 management plan submitted by each state agency and the
1267 recommendations of the Acquisition and Restoration Council and
1268 the Division of State Lands and shall approve the plan with or
1269 without modification or reject such plan. The use or possession
1270 of any lands owned by the board of trustees which is not in
1271 accordance with an approved individual management plan is
1272 subject to termination by the board of trustees.
1273
1274 By July 1 of each year, each governmental agency and each
1275 private entity designated to manage lands shall report to the
1276 Secretary of Environmental Protection on the progress of
1277 funding, staffing, and resource management of every project for
1278 which the agency or entity is responsible.
1279 (9)(11)(a) The Legislature recognizes that acquiring lands
1280 pursuant to this chapter serves the public interest by
1281 protecting land, air, and water resources which contribute to
1282 the public health and welfare, providing areas for natural
1283 resource based recreation, and ensuring the survival of unique
1284 and irreplaceable plant and animal species. The Legislature
1285 intends for these lands to be managed and maintained for the
1286 purposes for which they were acquired and for the public to have
1287 access to and use of these lands where it is consistent with
1288 acquisition purposes and would not harm the resources the state
1289 is seeking to protect on the public’s behalf.
1290 (b) An amount of not less than 1.5 percent of the
1291 cumulative total of funds ever deposited into the Florida
1292 Preservation 2000 Trust Fund and the Florida Forever Trust Fund
1293 shall be made available for the purposes of management,
1294 maintenance, and capital improvements not eligible for funding
1295 pursuant to s. 11(e), Art. VII of the State Constitution, and
1296 for associated contractual services, for conservation and
1297 recreation lands acquired with funds deposited into the Land
1298 Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
1299 Constitution or pursuant to former s. 259.032, Florida Statutes
1300 2014 this section, former s. 259.101, Florida Statutes 2014, s.
1301 259.105, s. 259.1052, or previous programs for the acquisition
1302 of lands for conservation and recreation, including state
1303 forests, to which title is vested in the board of trustees and
1304 other conservation and recreation lands managed by a state
1305 agency. Of this amount, $250,000 shall be transferred annually
1306 to the Plant Industry Trust Fund within the Department of
1307 Agriculture and Consumer Services for the purpose of
1308 implementing the Endangered or Threatened Native Flora
1309 Conservation Grants Program pursuant to s. 581.185(11). Each
1310 agency with management responsibilities shall annually request
1311 from the Legislature funds sufficient to fulfill such
1312 responsibilities to implement individual management plans. For
1313 the purposes of this paragraph, capital improvements shall
1314 include, but need not be limited to, perimeter fencing, signs,
1315 firelanes, access roads and trails, and minimal public
1316 accommodations, such as primitive campsites, garbage
1317 receptacles, and toilets. Any equipment purchased with funds
1318 provided pursuant to this paragraph may be used for the purposes
1319 described in this paragraph on any conservation and recreation
1320 lands managed by a state agency. The funding requirement created
1321 in this paragraph is subject to an annual evaluation by the
1322 Legislature in order to ensure that such requirement does not
1323 impact the respective trust fund in a manner that would prevent
1324 the trust fund from meeting other minimum requirements.
1325 (c) All revenues generated through multiple-use management
1326 or compatible secondary-use management shall be returned to the
1327 lead agency responsible for such management and shall be used to
1328 pay for management activities on all conservation, preservation,
1329 and recreation lands under the agency’s jurisdiction. In
1330 addition, such revenues shall be segregated in an agency trust
1331 fund used for land management activities, other than a land
1332 acquisition trust fund, and such revenues shall remain available
1333 to the agency in subsequent fiscal years to support land
1334 management appropriations. For the purposes of this paragraph,
1335 compatible secondary-use management shall be those activities
1336 described in subsection (7) (9) undertaken on parcels designated
1337 as single use pursuant to s. 253.034(2)(b).
1338 (d) Up to one-fifth of the funds appropriated for the
1339 purposes identified provided for in paragraph (b) shall be
1340 reserved by the board of trustees for interim management of
1341 acquisitions and for associated contractual services, to ensure
1342 the conservation and protection of natural resources on project
1343 sites and to allow limited public recreational use of lands.
1344 Interim management activities may include, but not be limited
1345 to, resource assessments, control of invasive, nonnative
1346 species, habitat restoration, fencing, law enforcement,
1347 controlled burning, and public access consistent with
1348 preliminary determinations made pursuant to paragraph (7)(g)
1349 (9)(g). The board of trustees shall make these interim funds
1350 available immediately upon purchase.
1351 (e) The department shall set long-range and annual goals
1352 for the control and removal of nonnative, invasive plant species
1353 on public lands. Such goals shall differentiate between aquatic
1354 plant species and upland plant species. In setting such goals,
1355 the department may rank, in order of adverse impact, species
1356 that impede or destroy the functioning of natural systems.
1357 Notwithstanding paragraph (a), up to one-fourth of the funds
1358 provided for in paragraph (b) may be used by the agencies
1359 receiving those funds for control and removal of nonnative,
1360 invasive species on public lands.
1361 (f) For the 2014-2015 fiscal year only, moneys in the
1362 Conservation and Recreation Lands Trust Fund may be transferred
1363 to the Florida Forever Trust Fund for the Florida Forever
1364 program and to the Save Our Everglades Trust Fund to support
1365 Everglades restoration projects included in the final report of
1366 the Select Committee on Indian River Lagoon and Lake Okeechobee
1367 Basin, dated November 8, 2013, pursuant to nonoperating budget
1368 authority under s. 216.181(12). This subsection expires July 1,
1369 2015.
1370 (10)(12)(a) Beginning July 1, 1999, the Legislature may
1371 appropriate shall make available sufficient funds annually from
1372 the Conservation and Recreation Lands trust fund to the
1373 department for payment in lieu of taxes to qualifying counties
1374 and local governments as defined in paragraph (b) for all actual
1375 tax losses incurred as a result of board of trustees
1376 acquisitions for state agencies under the Florida Forever
1377 program or the former Florida Preservation 2000 program during
1378 any year. Reserved funds not used for payments in lieu of taxes
1379 in any year shall revert to the fund to be used for land
1380 management in accordance with the provisions of this section.
1381 (b) Payment in lieu of taxes shall be available:
1382 1. To all counties that have a population of 150,000 or
1383 fewer. Population levels shall be determined pursuant to s.
1384 11.031.
1385 2. To all local governments located in eligible counties.
1386 3. To Glades County, where a privately owned and operated
1387 prison leased to the state has recently been opened and where
1388 privately owned and operated juvenile justice facilities leased
1389 to the state have recently been constructed and opened, a
1390 payment in lieu of taxes, in an amount that offsets the loss of
1391 property tax revenue, which funds have already been appropriated
1392 and allocated from the Department of Correction’s budget for the
1393 purpose of reimbursing amounts equal to lost ad valorem taxes.
1394 (c) If insufficient funds are available in any year to make
1395 full payments to all qualifying counties and local governments,
1396 such counties and local governments shall receive a pro rata
1397 share of the moneys available.
1398 (d) The payment amount shall be based on the average amount
1399 of actual taxes paid on the property for the 3 years preceding
1400 acquisition. Applications for payment in lieu of taxes shall be
1401 made no later than January 31 of the year following acquisition.
1402 No payment in lieu of taxes shall be made for properties which
1403 were exempt from ad valorem taxation for the year immediately
1404 preceding acquisition.
1405 (e) If property which was subject to ad valorem taxation
1406 was acquired by a tax-exempt entity for ultimate conveyance to
1407 the state under this chapter, payment in lieu of taxes shall be
1408 made for such property based upon the average amount of taxes
1409 paid on the property for the 3 years before prior to its being
1410 removed from the tax rolls. The department shall certify to the
1411 Department of Revenue those properties that may be eligible
1412 under this provision. Once eligibility has been established,
1413 that county or local government shall receive annual payments
1414 for each tax loss until the qualifying county or local
1415 government exceeds the population threshold pursuant to this
1416 section.
1417 (f) Payment in lieu of taxes pursuant to this subsection
1418 shall be made annually to qualifying counties and local
1419 governments after certification by the Department of Revenue
1420 that the amounts applied for are reasonably appropriate, based
1421 on the amount of actual taxes paid on the eligible property.
1422 With the assistance of the local government requesting payment
1423 in lieu of taxes, the state agency that acquired the land is
1424 responsible for preparing and submitting application requests
1425 for payment to the Department of Revenue for certification.
1426 (g) If the board of trustees conveys to a local government
1427 title to any land owned by the board, any payments in lieu of
1428 taxes on the land made to the local government shall be
1429 discontinued as of the date of the conveyance.
1430
1431 For the purposes of this subsection, “local government” includes
1432 municipalities, the county school board, mosquito control
1433 districts, and any other local government entity which levies ad
1434 valorem taxes, with the exception of a water management
1435 district.
1436 (13) Moneys credited to the fund each year which are not
1437 used for management, maintenance, or capital improvements
1438 pursuant to subsection (11); for payment in lieu of taxes
1439 pursuant to subsection (12); or for the purposes of subsection
1440 (5), shall be available for the acquisition of land pursuant to
1441 this section.
1442 (11)(14) The board of trustees may adopt rules to further
1443 define the categories of land for acquisition under this
1444 chapter.
1445 (12)(15) Within 90 days after receiving a certified letter
1446 from the owner of a property on the Conservation and Recreation
1447 Lands list or the priority list established pursuant to s.
1448 259.105 objecting to the property being included in an
1449 acquisition project, where such property is a project or part of
1450 a project which has not been listed for purchase in the current
1451 year’s land acquisition work plan, the board of trustees shall
1452 delete the property from the list or from the boundary of an
1453 acquisition project on the list.
1454 Section 21. Subsections (3), (4), and (6) of section
1455 259.035, Florida Statutes, are amended to read:
1456 259.035 Acquisition and Restoration Council.—
1457 (3) The council shall provide assistance to the board of
1458 trustees in reviewing the recommendations and plans for state
1459 owned lands required under s. 253.034 and this chapter ss.
1460 253.034 and 259.032. The council shall, in reviewing such
1461 recommendations and plans, consider the optimization of
1462 multiple-use and conservation strategies to accomplish the
1463 provisions funded pursuant to former s. 259.101(3)(a), Florida
1464 Statutes 2014, and to s. 259.105(3)(b) ss. 259.101(3)(a) and
1465 259.105(3)(b).
1466 (4)(a) The council may use existing rules adopted by the
1467 board of trustees, until it develops and recommends amendments
1468 to those rules, to competitively evaluate, select, and rank
1469 projects eligible for the Conservation and Recreation Lands list
1470 pursuant to ss. 259.032(3) and 259.101(4).
1471 (a)(b) By December 1, 2016 2009, the Acquisition and
1472 Restoration Council shall develop rules defining specific
1473 criteria and numeric performance measures needed for lands that
1474 are to be acquired for public purpose under the Florida Forever
1475 program pursuant to s. 259.105 or with funds deposited into the
1476 Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the
1477 State Constitution. Each recipient of Florida Forever funds
1478 shall assist the council in the development of such rules. These
1479 rules shall be reviewed and adopted by the board, then submitted
1480 to the Legislature for consideration by February 1, 2017 2010.
1481 The Legislature may reject, modify, or take no action relative
1482 to the proposed rules. If no action is taken, the rules shall be
1483 implemented. Subsequent to their approval, each recipient of
1484 Florida Forever funds from the Land Acquisition Trust Fund shall
1485 annually report to the Division of State Lands on each of the
1486 numeric performance measures accomplished during the previous
1487 fiscal year.
1488 (b)(c) In developing or amending rules, the council shall
1489 give weight to the criteria included in s. 259.105(9) (10). The
1490 board of trustees shall review the recommendations and shall
1491 adopt rules necessary to administer this section.
1492 (6) The proposal for a project pursuant to this section or
1493 s. 259.105(3)(b) may be implemented only if adopted by the
1494 council and approved by the board of trustees. The council shall
1495 consider and evaluate in writing the merits and demerits of each
1496 project that is proposed for acquisition using funds available
1497 pursuant to s. 28, Art. X of the State Constitution Conservation
1498 and Recreation Lands, Florida Preservation 2000, or Florida
1499 Forever funding and shall ensure that each proposed project
1500 meets the requirements of s. 28, Art. X of the State
1501 Constitution will meet a stated public purpose for the
1502 restoration, conservation, or preservation of environmentally
1503 sensitive lands and water areas or for providing outdoor
1504 recreational opportunities. The council also shall determine
1505 whether the project conforms, where applicable, with the
1506 comprehensive plan developed pursuant to s. 259.04(1)(a), the
1507 comprehensive multipurpose outdoor recreation plan developed
1508 pursuant to s. 375.021, the state lands management plan adopted
1509 pursuant to s. 253.03(7), the water resources work plans
1510 developed pursuant to s. 373.199, and the provisions of s.
1511 259.032, s. 259.101, or s. 259.105, whichever is applicable.
1512 Section 22. Subsection (4) of section 259.036, Florida
1513 Statutes, is amended to read:
1514 259.036 Management review teams.—
1515 (4) In the event a land management plan has not been
1516 adopted within the timeframes specified in s. 259.032(8) s.
1517 259.032(10), the department may direct a management review of
1518 the property, to be conducted by the land management review
1519 team. The review shall consider the extent to which the land is
1520 being managed for the purposes for which it was acquired and the
1521 degree to which actual management practices are in compliance
1522 with the management policy statement and management prospectus
1523 for that property.
1524 Section 23. Paragraph (b) of subsection (3) of section
1525 259.037, Florida Statutes, is amended to read:
1526 259.037 Land Management Uniform Accounting Council.—
1527 (3)
1528 (b) Each reporting agency shall also:
1529 1. Include a report of the available public use
1530 opportunities for each management unit of state land, the total
1531 management cost for public access and public use, and the cost
1532 associated with each use option.
1533 2. List the acres of land requiring minimal management
1534 effort, moderate management effort, and significant management
1535 effort pursuant to s. 259.032(9)(c) former s. 259.032(11)(c).
1536 For each category created in paragraph (a), the reporting agency
1537 shall include the amount of funds requested, the amount of funds
1538 received, and the amount of funds expended for land management.
1539 3. List acres managed and cost of management for each park,
1540 preserve, forest, reserve, or management area.
1541 4. List acres managed, cost of management, and lead manager
1542 for each state lands management unit for which secondary
1543 management activities were provided.
1544 5. Include a report of the estimated calculable financial
1545 benefits to the public for the ecosystem services provided by
1546 conservation lands, based on the best readily available
1547 information or science that provides a standard measurement
1548 methodology to be consistently applied by the land managing
1549 agencies. Such information may include, but need not be limited
1550 to, the value of natural lands for protecting the quality and
1551 quantity of drinking water through natural water filtration and
1552 recharge, contributions to protecting and improving air quality,
1553 benefits to agriculture through increased soil productivity and
1554 preservation of biodiversity, and savings to property and lives
1555 through flood control.
1556 Section 24. Subsection (1) of section 259.04, Florida
1557 Statutes, is amended to read:
1558 259.04 Board; powers and duties.—
1559 (1) For projects and acquisitions selected for purchase
1560 pursuant to ss. 259.035, 259.101, and 259.105:
1561 (a) The board is given the responsibility, authority, and
1562 power to develop and execute a comprehensive, statewide 5-year
1563 plan to conserve, restore, and protect environmentally
1564 endangered lands, ecosystems, lands necessary for outdoor
1565 recreational needs, and other lands as identified in ss.
1566 259.032, 259.101, and 259.105. This plan shall be kept current
1567 through continual reevaluation and revision. The advisory
1568 council or its successor shall assist the board in the
1569 development, reevaluation, and revision of the plan.
1570 (b) The board may enter into contracts with the government
1571 of the United States or any agency or instrumentality thereof;
1572 the state or any county, municipality, district authority, or
1573 political subdivision; or any private corporation, partnership,
1574 association, or person providing for or relating to the
1575 conservation or protection of certain lands in accomplishing the
1576 purposes of this chapter.
1577 (c) Within 45 days after the advisory council or its
1578 successor submits the lists of projects to the board, the board
1579 shall approve, in whole or in part, the lists of projects in the
1580 order of priority in which such projects are presented. To the
1581 greatest extent practicable, projects on the lists shall be
1582 acquired in their approved order of priority.
1583 (d) The board is authorized to acquire, by purchase, gift,
1584 or devise or otherwise, the fee title or any lesser interest of
1585 lands, water areas, and related resources for environmentally
1586 endangered lands.
1587 Section 25. Paragraphs (a) and (b) of subsection (11) and
1588 subsection (15) of section 259.041, Florida Statutes, are
1589 amended to read:
1590 259.041 Acquisition of state-owned lands for preservation,
1591 conservation, and recreation purposes.—
1592 (11)(a) The Legislature finds that, with the increasing
1593 pressures on the natural areas of this state and on open space
1594 suitable for recreational use, the state must develop creative
1595 techniques to maximize the use of acquisition and management
1596 funds. The Legislature also finds that the state’s conservation
1597 and recreational land acquisition agencies should be encouraged
1598 to augment their traditional, fee simple acquisition programs
1599 with the use of alternatives to fee simple acquisition
1600 techniques. Additionally, the Legislature finds that generations
1601 of private landowners have been good stewards of their land,
1602 protecting or restoring native habitats and ecosystems to the
1603 benefit of the natural resources of this state, its heritage,
1604 and its citizens. The Legislature also finds that using
1605 alternatives to fee simple acquisition by public land
1606 acquisition agencies will achieve the following public policy
1607 goals:
1608 1. Allow more lands to be brought under public protection
1609 for preservation, conservation, and recreational purposes with
1610 less expenditure of public funds.
1611 2. Retain, on local government tax rolls, some portion of
1612 or interest in lands which are under public protection.
1613 3. Reduce long-term management costs by allowing private
1614 property owners to continue acting as stewards of their land,
1615 where appropriate.
1616
1617 Therefore, it is the intent of the Legislature that public land
1618 acquisition agencies develop programs to pursue alternatives to
1619 fee simple acquisition and to educate private landowners about
1620 such alternatives and the benefits of such alternatives. It is
1621 also the intent of the Legislature that a portion of the shares
1622 of Preservation 2000 and Florida Forever bond proceeds be used
1623 to purchase eligible properties using alternatives to fee simple
1624 acquisition.
1625 (b) All project applications shall identify, within their
1626 acquisition plans, projects that require a full fee simple
1627 interest to achieve the public policy goals, together with the
1628 reasons full title is determined to be necessary. The state
1629 agencies and the water management districts may use alternatives
1630 to fee simple acquisition to bring the remaining projects in
1631 their acquisition plans under public protection. For the
1632 purposes of this subsection, the term “alternatives to fee
1633 simple acquisition” includes, but is not limited to: purchase of
1634 development rights; obtaining conservation easements; obtaining
1635 flowage easements; purchase of timber rights, mineral rights, or
1636 hunting rights; purchase of agricultural interests or
1637 silvicultural interests; entering into land protection
1638 agreements as defined in s. 380.0677(3); fee simple acquisitions
1639 with reservations; creating life estates; or any other
1640 acquisition technique that achieves the public policy goals
1641 listed in paragraph (a). It is presumed that a private landowner
1642 retains the full range of uses for all the rights or interests
1643 in the landowner’s land which are not specifically acquired by
1644 the public agency. The lands upon which hunting rights are
1645 specifically acquired pursuant to this paragraph shall be
1646 available for hunting in accordance with the management plan or
1647 hunting regulations adopted by the Florida Fish and Wildlife
1648 Conservation Commission, unless the hunting rights are purchased
1649 specifically to protect activities on adjacent lands.
1650 (15) The board of trustees, by an affirmative vote of at
1651 least three of its members, may direct the department to
1652 purchase lands on an immediate basis using up to 15 percent of
1653 the funds allocated to the department pursuant to s. 259.105 ss.
1654 259.101(3)(a) and 259.105 for the acquisition of lands that:
1655 (a) Are listed or placed at auction by the Federal
1656 Government as part of the Resolution Trust Corporation sale of
1657 lands from failed savings and loan associations;
1658 (b) Are listed or placed at auction by the Federal
1659 Government as part of the Federal Deposit Insurance Corporation
1660 sale of lands from failed banks; or
1661 (c) Will be developed or otherwise lost to potential public
1662 ownership, or for which federal matching funds will be lost, by
1663 the time the land can be purchased under the program within
1664 which the land is listed for acquisition.
1665
1666 For such acquisitions, the board of trustees may waive or modify
1667 all procedures required for land acquisition pursuant to this
1668 chapter and all competitive bid procedures required pursuant to
1669 chapters 255 and 287. Lands acquired pursuant to this subsection
1670 must, at the time of purchase, be on one of the acquisition
1671 lists established pursuant to this chapter, or be essential for
1672 water resource development, protection, or restoration, or a
1673 significant portion of the lands must contain natural
1674 communities or plant or animal species that which are listed by
1675 the Florida Natural Areas Inventory as critically imperiled,
1676 imperiled, or rare, or as excellent quality occurrences of
1677 natural communities.
1678 Section 26. Section 259.101, Florida Statutes, is amended
1679 to read:
1680 259.101 Florida Preservation 2000 Act.—
1681 (1) SHORT TITLE.—This section may be cited as the “Florida
1682 Preservation 2000 Act.”
1683 (2) LEGISLATIVE FINDINGS.—The Legislature finds and
1684 declares that:
1685 (a) The alteration and development of Florida’s natural
1686 areas to accommodate its rapidly growing population have
1687 contributed to the degradation of water resources, the
1688 fragmentation and destruction of wildlife habitats, the loss of
1689 recreation space, and the diminishment of wetlands and forests.
1690 (b) Imminent development of Florida’s remaining natural
1691 areas and continuing increases in land values necessitate an
1692 aggressive program of public land acquisition during the next
1693 decade to preserve the quality of life that attracts so many
1694 people to Florida.
1695 (c) Acquisition of public lands, in fee simple or in any
1696 lesser interest, should be based on a comprehensive assessment
1697 of Florida’s natural resources and planned so as to protect the
1698 integrity of ecological systems and to provide multiple
1699 benefits, including preservation of fish and wildlife habitat,
1700 recreation space, and water recharge areas. Governmental
1701 agencies responsible for public land acquisition should work
1702 together to purchase lands jointly and to coordinate individual
1703 purchases within ecological systems.
1704 (d) One of the purposes of the Florida Communities Trust
1705 program is to acquire, protect, and preserve open space and
1706 recreation properties within urban areas where pristine animal
1707 and plant communities no longer exist. These areas are often
1708 overlooked in other programs because of their smaller size and
1709 proximity to developed property. These smaller parcels are,
1710 however, critically important to the quality of life in these
1711 urban areas for the residents who live there as well as to the
1712 many visitors to the state. The trust shall consider projects
1713 submitted by local governments which further the goals,
1714 objectives, and policies of the conservation, recreation and
1715 open space, or coastal elements of their local comprehensive
1716 plans or which serve to conserve natural resources or resolve
1717 land use conflicts.
1718 (e) South Florida’s water supply and unique natural
1719 environment depend on the protection of lands buffering the East
1720 Everglades and the Everglades water conservation areas.
1721
1722 In addition, the Legislature recognizes the conflicting desires
1723 of the citizens of this state to prosper through economic
1724 development and to preserve the natural areas of Florida that
1725 development threatens to claim. The Legislature further
1726 recognizes the urgency of acquiring natural areas in the state
1727 for preservation, yet acknowledges the difficulty of ensuring
1728 adequate funding for accelerated acquisition in light of other
1729 equally critical financial needs of the state. It is the
1730 Legislature’s desire and intent to fund the implementation of
1731 the Florida Preservation 2000 Act for each of the 10 years of
1732 the program’s duration and to do so in a fiscally responsible
1733 manner.
1734 (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION
1735 2000 BONDS LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the
1736 costs of issuance, the costs of funding reserve accounts, and
1737 other costs with respect to the bonds, the proceeds of bonds
1738 issued pursuant to this act shall be deposited into the Florida
1739 Preservation 2000 Trust Fund created by s. 375.045. In fiscal
1740 year 2000-2001, for each Florida Preservation 2000 program
1741 described in paragraphs (a)-(g), that portion of each program’s
1742 total remaining cash balance which, as of June 30, 2000, is in
1743 excess of that program’s total remaining appropriation balances
1744 shall be redistributed by the department and deposited into the
1745 Save Our Everglades Trust Fund for land acquisition. For
1746 purposes of calculating the total remaining cash balances for
1747 this redistribution, the Florida Preservation 2000 Series 2000
1748 bond proceeds, including interest thereon, and the fiscal year
1749 1999-2000 General Appropriations Act amounts shall be deducted
1750 from the remaining cash and appropriation balances,
1751 respectively. The remaining proceeds shall be distributed by the
1752 Department of Environmental Protection in the following manner:
1753 (a) Fifty percent to the Department of Environmental
1754 Protection for the purchase of public lands as described in s.
1755 259.032. Of this 50 percent, at least one-fifth shall be used
1756 for the acquisition of coastal lands.
1757 (b) Thirty percent to the Department of Environmental
1758 Protection for the purchase of water management lands pursuant
1759 to s. 373.59, to be distributed among the water management
1760 districts as provided in that section. Funds received by each
1761 district may also be used for acquisition of lands necessary to
1762 implement surface water improvement and management plans or for
1763 acquisition of lands necessary to implement the Everglades
1764 Construction Project authorized by s. 373.4592.
1765 (c) Ten percent to the Department of Environmental
1766 Protection to provide land acquisition grants and loans to local
1767 governments through the Florida Communities Trust pursuant to
1768 part III of chapter 380. From funds allocated to the trust, $3
1769 million annually shall be used by the Division of State Lands
1770 within the Department of Environmental Protection to implement
1771 the Green Swamp Land Protection Initiative specifically for the
1772 purchase of conservation easements, as defined in s.
1773 380.0677(3), of lands, or severable interests or rights in
1774 lands, in the Green Swamp Area of Critical State Concern. From
1775 funds allocated to the trust, $3 million annually shall be used
1776 by the Monroe County Comprehensive Plan Land Authority
1777 specifically for the purchase of a real property interest in
1778 those lands subject to the Rate of Growth Ordinances adopted by
1779 local governments in Monroe County or those lands within the
1780 boundary of an approved Conservation and Recreation Lands
1781 project located within the Florida Keys or Key West Areas of
1782 Critical State Concern; however, title to lands acquired within
1783 the boundary of an approved Conservation and Recreation Lands
1784 project may, in accordance with an approved joint acquisition
1785 agreement, vest in the Board of Trustees of the Internal
1786 Improvement Trust Fund. Of the remaining funds, one-half shall
1787 be matched by local governments on a dollar-for-dollar basis. To
1788 the extent allowed by federal requirements for the use of bond
1789 proceeds, the trust shall expend Preservation 2000 funds to
1790 carry out the purposes of part III of chapter 380.
1791 (d) Two and nine-tenths percent to the Department of
1792 Environmental Protection for the purchase of inholdings and
1793 additions to state parks. For the purposes of this paragraph,
1794 “state park” means all real property in the state under the
1795 jurisdiction of the Division of Recreation and Parks of the
1796 department, or which may come under its jurisdiction.
1797 (e) Two and nine-tenths percent to the Florida Forest
1798 Service of the Department of Agriculture and Consumer Services
1799 to fund the acquisition of state forest inholdings and additions
1800 pursuant to s. 589.07.
1801 (f) Two and nine-tenths percent to the Fish and Wildlife
1802 Conservation Commission to fund the acquisition of inholdings
1803 and additions to lands managed by the commission which are
1804 important to the conservation of fish and wildlife.
1805 (g) One and three-tenths percent to the Department of
1806 Environmental Protection for the Florida Greenways and Trails
1807 Program, to acquire greenways and trails or greenways and trails
1808 systems pursuant to chapter 260, including, but not limited to,
1809 abandoned railroad rights-of-way and the Florida National Scenic
1810 Trail.
1811
1812 Local governments may use federal grants or loans, private
1813 donations, or environmental mitigation funds, including
1814 environmental mitigation funds required pursuant to s. 338.250,
1815 for any part or all of any local match required for the purposes
1816 described in this subsection. Bond proceeds allocated pursuant
1817 to paragraph (c) may be used to purchase lands on the priority
1818 lists developed pursuant to s. 259.035. Title to lands purchased
1819 pursuant to former paragraphs (a), (d), (e), (f), or and (g) of
1820 this subsection, Florida Statutes 2014, shall be vested in the
1821 Board of Trustees of the Internal Improvement Trust Fund. Title
1822 to lands purchased pursuant to former paragraph (c) of this
1823 subsection, Florida Statutes 2014, may be vested in the Board of
1824 Trustees of the Internal Improvement Trust Fund. The board of
1825 trustees shall hold title to land protection agreements and
1826 conservation easements that were or will be acquired pursuant to
1827 former s. 380.0677, Florida Statutes 2014, and the Southwest
1828 Florida Water Management District and the St. Johns River Water
1829 Management District shall monitor such agreements and easements
1830 within their respective districts until the state assumes this
1831 responsibility.
1832 (4) PROJECT CRITERIA.—
1833 (a) Proceeds of bonds issued pursuant to this act and
1834 distributed pursuant to paragraphs (3)(a) and (b) shall be spent
1835 only on projects which meet at least one of the following
1836 criteria, as determined pursuant to paragraphs (b) and (c):
1837 1. A significant portion of the land in the project is in
1838 imminent danger of development, in imminent danger of loss of
1839 its significant natural attributes, or in imminent danger of
1840 subdivision which will result in multiple ownership and may make
1841 acquisition of the project more costly or less likely to be
1842 accomplished;
1843 2. Compelling evidence exists that the land is likely to be
1844 developed during the next 12 months, or appraisals made during
1845 the past 5 years indicate an escalation in land value at an
1846 average rate that exceeds the average rate of interest likely to
1847 be paid on the bonds;
1848 3. A significant portion of the land in the project serves
1849 to protect or recharge groundwater and to protect other valuable
1850 natural resources or provide space for natural resource based
1851 recreation;
1852 4. The project can be purchased at 80 percent of appraised
1853 value or less;
1854 5. A significant portion of the land in the project serves
1855 as habitat for endangered, threatened, or rare species or serves
1856 to protect natural communities which are listed by the Florida
1857 Natural Areas Inventory as critically imperiled, imperiled, or
1858 rare, or as excellent quality occurrences of natural
1859 communities; or
1860 6. A significant portion of the land serves to preserve
1861 important archaeological or historical sites.
1862 (b) Each year that bonds are to be issued pursuant to this
1863 act, the Land Acquisition and Management Advisory Council shall
1864 review that year’s approved Conservation and Recreation Lands
1865 priority list and shall, by the first board meeting in February,
1866 present to the Board of Trustees of the Internal Improvement
1867 Trust Fund for approval a listing of projects on the list which
1868 meet one or more of the criteria listed in paragraph (a). The
1869 board may remove projects from the list developed pursuant to
1870 this paragraph, but may not add projects.
1871 (c) Each year that bonds are to be issued pursuant to this
1872 act, each water management district governing board shall review
1873 the lands on its current year’s Save Our Rivers 5-year plan and
1874 shall, by January 15, adopt a listing of projects from the plan
1875 which meet one or more of the criteria listed in paragraph (a).
1876 (d) In the acquisition of coastal lands pursuant to
1877 paragraph (3)(a), the following additional criteria shall also
1878 be considered:
1879 1. The value of acquiring coastal high-hazard parcels,
1880 consistent with hazard mitigation and postdisaster redevelopment
1881 policies, in order to minimize the risk to life and property and
1882 to reduce the need for future disaster assistance.
1883 2. The value of acquiring beachfront parcels, irrespective
1884 of size, to provide public access and recreational opportunities
1885 in highly developed urban areas.
1886 3. The value of acquiring identified parcels the
1887 development of which would adversely affect coastal resources.
1888
1889 When a nonprofit environmental organization which is tax-exempt
1890 pursuant to s. 501(c)(3) of the United States Internal Revenue
1891 Code sells land to the state, such land at the time of such sale
1892 shall be deemed to meet one or more of the criteria listed in
1893 paragraph (a) if such land meets one or more of the criteria at
1894 the time the organization purchases it. Listings of projects
1895 compiled pursuant to paragraphs (b) and (c) may be revised to
1896 include projects on the Conservation and Recreation Lands
1897 priority list or in a water management district’s 5-year plan
1898 which come under the criteria in paragraph (a) after the dates
1899 specified in paragraph (b) or paragraph (c). The requirement of
1900 paragraph (3)(a) regarding coastal lands is met as long as an
1901 average of one-fifth of the cumulative proceeds allocated
1902 through fiscal year 1999-2000 pursuant to that paragraph is used
1903 to purchase coastal lands.
1904 (e) The Legislature finds that the Florida Preservation
1905 2000 Program has provided financial resources that have enabled
1906 the acquisition of significant amounts of land for public
1907 ownership in the first 7 years of the program’s existence. In
1908 the remaining years of the Florida Preservation 2000 Program,
1909 agencies that receive funds are encouraged to better coordinate
1910 their expenditures so that future acquisitions, when combined
1911 with previous acquisitions, will form more complete patterns of
1912 protection for natural areas and functioning ecosystems to
1913 better accomplish the intent of paragraph (2)(c).
1914 (f) The Legislature intends that, in the remaining years of
1915 the Florida Preservation 2000 Program, emphasis be given to the
1916 completion of projects in which one or more parcels have already
1917 been acquired and to the acquisition of lands containing
1918 ecological resources which are either not represented or
1919 underrepresented on lands currently in public ownership. The
1920 Legislature also intends that future acquisitions under the
1921 Florida Preservation 2000 Program be limited to projects on the
1922 current project lists, or any additions to the list as
1923 determined and prioritized by the study, or those projects that
1924 can reasonably be expected to be acquired by the end of the
1925 Florida Preservation 2000 Program.
1926 (4)(5) FLORIDA FOREST SERVICE FUND USE.—Any funds received
1927 by the Florida Forest Service from the Preservation 2000 Trust
1928 Fund pursuant to paragraph (3)(e) shall be used only to pay the
1929 cost of the acquisition of lands in furtherance of outdoor
1930 recreation and natural resources conservation in this state. The
1931 administration and use of any funds received by the Florida
1932 Forest Service from the Preservation 2000 Trust Fund will be
1933 subject to such terms and conditions imposed thereon by the
1934 agency of the state responsible for the issuance of the revenue
1935 bonds, the proceeds of which are deposited in the Preservation
1936 2000 Trust Fund, including restrictions imposed to ensure that
1937 the interest on any such revenue bonds issued by the state as
1938 tax-exempt revenue bonds will not be included in the gross
1939 income of the holders of such bonds for federal income tax
1940 purposes. All deeds or leases with respect to any real property
1941 acquired with Preservation 2000 funds received by the Florida
1942 Forest Service must from the Preservation 2000 Trust Fund shall
1943 contain sufficient such covenants and restrictions as are
1944 sufficient to ensure that the use of such real property at all
1945 times complies with s. 375.051 and s. 9, Art. XII of the 1968
1946 Constitution of Florida; and shall contain reverter clauses
1947 providing for the reversion of title to such property to the
1948 Board of Trustees of the Internal Improvement Trust Fund or, in
1949 the case of a lease of such property, providing for termination
1950 of the lease upon a failure to use the property conveyed thereby
1951 for such purposes.
1952 (5)(6) DISPOSITION OF LANDS.—
1953 (a) Any lands acquired pursuant to former paragraphs
1954 paragraph (3)(a), paragraph (3)(c), paragraph (3)(d), paragraph
1955 (3)(e), paragraph (3)(f), or paragraph (3)(g) of this section,
1956 Florida Statutes 2014, if title to such lands is vested in the
1957 Board of Trustees of the Internal Improvement Trust Fund, may be
1958 disposed of by the Board of Trustees of the Internal Improvement
1959 Trust Fund in accordance with the provisions and procedures set
1960 forth in s. 253.034(6), and lands acquired pursuant to former
1961 paragraph (3)(b) of this section, Florida Statutes 2014, may be
1962 disposed of by the owning water management district in
1963 accordance with the procedures and provisions set forth in ss.
1964 373.056 and 373.089 provided such disposition also shall satisfy
1965 the requirements of paragraphs (b) and (c).
1966 (b) Before land acquired with Preservation 2000 funds may
1967 be surplused as required by s. 253.034(6), or determined to be
1968 no longer required for its purposes under s. 373.056(4), as
1969 whichever may be applicable, there shall first be a
1970 determination by the Board of Trustees of the Internal
1971 Improvement Trust Fund, or, in the case of water management
1972 district lands, by the owning water management district, that
1973 such land no longer needs to be preserved in furtherance of the
1974 intent of the Florida Preservation 2000 Act. Any lands eligible
1975 to be disposed of under this procedure also may be used to
1976 acquire other lands through an exchange of lands if, provided
1977 such lands obtained in an exchange are described in the same
1978 paragraph of former subsection (3) of this section, Florida
1979 Statutes 2014, as the lands disposed.
1980 (c) Notwithstanding paragraphs (a) and (b), no such
1981 disposition of land shall be made if such disposition would have
1982 the effect of causing all or any portion of the interest on any
1983 revenue bonds issued to fund the Florida Preservation 2000 Act
1984 to lose their exclusion from gross income for purposes of
1985 federal income taxation. Any Revenue derived from the disposal
1986 of such lands acquired with Preservation 2000 funds may not be
1987 used for any purpose except for deposit into the Florida
1988 Preservation 2000 Trust Fund, or the Florida Forever Trust Fund
1989 within the Department of Environmental Protection, for recredit
1990 to the share held under former subsection (3) of this section,
1991 Florida Statutes 2014, in which such disposed land is described.
1992 (6)(7) ALTERNATE USES OF ACQUIRED LANDS.—
1993 (a) The Board of Trustees of the Internal Improvement Trust
1994 Fund, or, in the case of water management district lands, the
1995 owning water management district, may authorize the granting of
1996 a lease, easement, or license for the use of any lands acquired
1997 pursuant to former subsection (3) of this section, Florida
1998 Statutes 2014, for any governmental use permitted by s. 17, Art.
1999 IX of the State Constitution of 1885, as adopted by s. 9(a),
2000 Art. XII of the State Constitution, and any other incidental
2001 public or private use that is determined by the board or the
2002 owning water management district to be compatible with the
2003 purposes for which such lands were acquired.
2004 (b) Any existing lease, easement, or license acquired for
2005 incidental public or private use on, under, or across any lands
2006 acquired pursuant to former subsection (3) of this section,
2007 Florida Statutes 2014, shall be presumed not to be incompatible
2008 with the purposes for which such lands were acquired.
2009 (c) Notwithstanding the provisions of paragraph (a), no
2010 such lease, easement, or license shall be entered into by the
2011 Department of Environmental Protection or other appropriate
2012 state agency if the granting of such lease, easement, or license
2013 would adversely affect the exclusion of the interest on any
2014 revenue bonds issued to fund the acquisition of the affected
2015 lands from gross income for federal income tax purposes, as
2016 described in s. 375.045(4).
2017 (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.—(8)
2018 (a) The Legislature finds that, with the increasing
2019 pressures on the natural areas of this state, the state must
2020 develop creative techniques to maximize the use of acquisition
2021 and management moneys. The Legislature also finds that the
2022 state’s environmental land-buying agencies should be encouraged
2023 to augment their traditional, fee simple acquisition programs
2024 with the use of alternatives to fee simple acquisition
2025 techniques. The Legislature also finds that using alternatives
2026 to fee simple acquisition by public land-buying agencies will
2027 achieve the following public policy goals:
2028 1. Allow more lands to be brought under public protection
2029 for preservation, conservation, and recreational purposes at
2030 less expense using public funds.
2031 2. Retain, on local government tax rolls, some portion of
2032 or interest in lands that which are under public protection.
2033 3. Reduce long-term management costs by allowing private
2034 property owners to continue acting as stewards of the land, as
2035 where appropriate.
2036
2037 Therefore, it is the intent of the Legislature that public land
2038 buying agencies develop programs to pursue alternatives to fee
2039 simple acquisition and to educate private landowners about such
2040 alternatives and the benefits of such alternatives. It also is
2041 the intent of the Legislature that the department and the water
2042 management districts spend a portion of their shares of
2043 Preservation 2000 bond proceeds to purchase eligible properties
2044 using alternatives to fee simple acquisition. Finally, it is the
2045 intent of the Legislature that public agencies acquire lands in
2046 fee simple for public access and recreational activities. Lands
2047 protected using alternatives to fee simple acquisition
2048 techniques may shall not be accessible to the public unless such
2049 access is negotiated with and agreed to by the private
2050 landowners who retain interests in such lands.
2051 (b) The Land Acquisition Advisory Council and the water
2052 management districts shall identify, within their 1997
2053 acquisition plans, those projects that which require a full fee
2054 simple interest to achieve the public policy goals, along with
2055 the reasons why full title is determined to be necessary. The
2056 council and the water management districts may use alternatives
2057 to fee simple acquisition to bring the remaining projects in
2058 their acquisition plans under public protection. For the
2059 purposes of this subsection, the term “alternatives to fee
2060 simple acquisition” includes the, but is not limited to:
2061 purchase of development rights; conservation easements; flowage
2062 easements; the purchase of timber rights, mineral rights, or
2063 hunting rights; the purchase of agricultural interests or
2064 silvicultural interests; land protection agreements; fee simple
2065 acquisitions with reservations; or any other acquisition
2066 technique that which achieves the public policy goals identified
2067 listed in paragraph (a). It is presumed that a private landowner
2068 retains the full range of uses for all the rights or interests
2069 in the landowner’s land which are not specifically acquired by
2070 the public agency. Life estates and fee simple acquisitions with
2071 leaseback provisions do shall not qualify as an alternative to
2072 fee simple acquisition under this subsection, although the
2073 department and the districts are encouraged to use such
2074 techniques if where appropriate.
2075 (c) The department and each water management district shall
2076 implement initiatives to use alternatives to fee simple
2077 acquisition and to educate private landowners about such
2078 alternatives. These initiatives must shall include at least two
2079 acquisitions a year by the department and each water management
2080 district utilizing alternatives to fee simple.
2081 (d) The Legislature finds that the lack of direct sales
2082 comparison information has served as an impediment to successful
2083 implementation of alternatives to fee simple acquisition. It is
2084 the intent of the Legislature that, in the absence of direct
2085 comparable sales information, appraisals of alternatives to fee
2086 simple acquisitions be based on the difference between the full
2087 fee simple valuation and the value of the interests remaining
2088 with the seller after acquisition.
2089 (e) The public agency that which has been assigned
2090 management responsibility shall inspect and monitor any less
2091 than-fee-simple interest according to the terms of the purchase
2092 agreement relating to such interest.
2093 (f) The department and the water management districts may
2094 enter into joint acquisition agreements to jointly fund the
2095 purchase of lands using alternatives to fee simple techniques.
2096 (8) PUBLIC RECREATIONAL USE.—An agency or water management
2097 district that acquired lands using Preservation 2000 funds
2098 distributed pursuant to former subsection (3) of this section,
2099 Florida Statutes 2014, shall manage such lands to make them
2100 available for public recreational use if the recreational use
2101 does not interfere with the protection of natural resource
2102 values. The agency or district may enter into an agreement with
2103 the department or another appropriate state agency to transfer
2104 management authority or lease to such agencies’ lands purchased
2105 with Preservation 2000 funds for the purpose of managing the
2106 lands to make them available for public recreational use. The
2107 water management districts and the department shall take action
2108 to control the growth of nonnative invasive plant species on
2109 lands they manage which were purchased with Preservation 2000
2110 funds.
2111 Section 27. Paragraph (a) of subsection (2), paragraphs
2112 (c), (l), and (m) of subsection (3), subsection (4), present
2113 subsection (5), paragraph (a) of present subsection (6), present
2114 subsection (10), paragraph (i) of present subsection (16), and
2115 present subsections (17) and (21) of section 259.105, Florida
2116 Statutes, are amended to read:
2117 259.105 The Florida Forever Act.—
2118 (2)(a) The Legislature finds and declares that:
2119 1. Land acquisition programs have provided tremendous
2120 financial resources for purchasing environmentally significant
2121 lands to protect those lands from imminent development or
2122 alteration, thereby ensuring present and future generations’
2123 access to important waterways, open spaces, and recreation and
2124 conservation lands.
2125 2. The continued alteration and development of Florida’s
2126 natural and rural areas to accommodate the state’s growing
2127 population have contributed to the degradation of water
2128 resources, the fragmentation and destruction of wildlife
2129 habitats, the loss of outdoor recreation space, and the
2130 diminishment of wetlands, forests, working landscapes, and
2131 coastal open space.
2132 3. The potential development of Florida’s remaining natural
2133 areas and escalation of land values require government efforts
2134 to restore, bring under public protection, or acquire lands and
2135 water areas to preserve the state’s essential ecological
2136 functions and invaluable quality of life.
2137 4. It is essential to protect the state’s ecosystems by
2138 promoting a more efficient use of land, to ensure opportunities
2139 for viable agricultural activities on working lands, and to
2140 promote vital rural and urban communities that support and
2141 produce development patterns consistent with natural resource
2142 protection.
2143 5. Florida’s groundwater, surface waters, and springs are
2144 under tremendous pressure due to population growth and economic
2145 expansion and require special protection and restoration
2146 efforts, including the protection of uplands and springsheds
2147 that provide vital recharge to aquifer systems and are critical
2148 to the protection of water quality and water quantity of the
2149 aquifers and springs. To ensure that sufficient quantities of
2150 water are available to meet the current and future needs of the
2151 natural systems and citizens of the state, and assist in
2152 achieving the planning goals of the department and the water
2153 management districts, water resource development projects on
2154 public lands, where compatible with the resource values of and
2155 management objectives for the lands, are appropriate.
2156 6. The needs of urban, suburban, and small communities in
2157 Florida for high-quality outdoor recreational opportunities,
2158 greenways, trails, and open space have not been fully met by
2159 previous acquisition programs. Through such programs as the
2160 Florida Communities Trust and the Florida Recreation Development
2161 Assistance Program, the state shall place additional emphasis on
2162 acquiring, protecting, preserving, and restoring open space,
2163 ecological greenways, and recreation properties within urban,
2164 suburban, and rural areas where pristine natural communities or
2165 water bodies no longer exist because of the proximity of
2166 developed property.
2167 7. Many of Florida’s unique ecosystems, such as the Florida
2168 Everglades, are facing ecological collapse due to Florida’s
2169 burgeoning population growth and other economic activities. To
2170 preserve these valuable ecosystems for future generations,
2171 essential parcels of land must be acquired to facilitate
2172 ecosystem restoration.
2173 8. Access to public lands to support a broad range of
2174 outdoor recreational opportunities and the development of
2175 necessary infrastructure, where compatible with the resource
2176 values of and management objectives for such lands, promotes an
2177 appreciation for Florida’s natural assets and improves the
2178 quality of life.
2179 9. Acquisition of lands, in fee simple, less-than-fee
2180 interest, or other techniques shall be based on a comprehensive
2181 science-based assessment of Florida’s natural resources which
2182 targets essential conservation lands by prioritizing all current
2183 and future acquisitions based on a uniform set of data and
2184 planned so as to protect the integrity and function of
2185 ecological systems and working landscapes, and provide multiple
2186 benefits, including preservation of fish and wildlife habitat,
2187 recreation space for urban and rural areas, and the restoration
2188 of natural water storage, flow, and recharge.
2189 10. The state has embraced performance-based program
2190 budgeting as a tool to evaluate the achievements of publicly
2191 funded agencies, build in accountability, and reward those
2192 agencies which are able to consistently achieve quantifiable
2193 goals. While previous and existing state environmental programs
2194 have achieved varying degrees of success, few of these programs
2195 can be evaluated as to the extent of their achievements,
2196 primarily because performance measures, standards, outcomes, and
2197 goals were not established at the outset. Therefore, the Florida
2198 Forever program shall be developed and implemented in the
2199 context of measurable state goals and objectives.
2200 11. The state must play a major role in the recovery and
2201 management of its imperiled species through the acquisition,
2202 restoration, enhancement, and management of ecosystems that can
2203 support the major life functions of such species. It is the
2204 intent of the Legislature to support local, state, and federal
2205 programs that result in net benefit to imperiled species habitat
2206 by providing public and private land owners meaningful
2207 incentives for acquiring, restoring, managing, and repopulating
2208 habitats for imperiled species. It is the further intent of the
2209 Legislature that public lands, both existing and to be acquired,
2210 identified by the lead land managing agency, in consultation
2211 with the Florida Fish and Wildlife Conservation Commission for
2212 animals or the Department of Agriculture and Consumer Services
2213 for plants, as habitat or potentially restorable habitat for
2214 imperiled species, be restored, enhanced, managed, and
2215 repopulated as habitat for such species to advance the goals and
2216 objectives of imperiled species management consistent with the
2217 purposes for which such lands are acquired without restricting
2218 other uses identified in the management plan. It is also the
2219 intent of the Legislature that of the proceeds distributed
2220 pursuant to subsection (3), additional consideration be given to
2221 acquisitions that achieve a combination of conservation goals,
2222 including the restoration, enhancement, management, or
2223 repopulation of habitat for imperiled species. The Acquisition
2224 and Restoration Council, in addition to the criteria in
2225 subsection (9), shall give weight to projects that include
2226 acquisition, restoration, management, or repopulation of habitat
2227 for imperiled species. The term “imperiled species” as used in
2228 this chapter and chapter 253, means plants and animals that are
2229 federally listed under the Endangered Species Act, or state
2230 listed by the Fish and Wildlife Conservation Commission or the
2231 Department of Agriculture and Consumer Services.
2232 a. As part of the state’s role, all state lands that have
2233 imperiled species habitat shall include as a consideration in
2234 management plan development the restoration, enhancement,
2235 management, and repopulation of such habitats. In addition, the
2236 lead land managing agency of such state lands may use fees
2237 received from public or private entities for projects to offset
2238 adverse impacts to imperiled species or their habitat in order
2239 to restore, enhance, manage, repopulate, or acquire land and to
2240 implement land management plans developed under s. 253.034 or a
2241 land management prospectus developed and implemented under this
2242 chapter. Such fees shall be deposited into a foundation or fund
2243 created by each land management agency under s. 379.223, s.
2244 589.012, or s. 259.032(9)(c) s. 259.032(11)(c), to be used
2245 solely to restore, manage, enhance, repopulate, or acquire
2246 imperiled species habitat.
2247 b. Where habitat or potentially restorable habitat for
2248 imperiled species is located on state lands, the Fish and
2249 Wildlife Conservation Commission and the Department of
2250 Agriculture and Consumer Services shall be included on any
2251 advisory group required under chapter 253, and the short-term
2252 and long-term management goals required under chapter 253 must
2253 advance the goals and objectives of imperiled species management
2254 consistent with the purposes for which the land was acquired
2255 without restricting other uses identified in the management
2256 plan.
2257 12. There is a need to change the focus and direction of
2258 the state’s major land acquisition programs and to extend
2259 funding and bonding capabilities, so that future generations may
2260 enjoy the natural resources of this state.
2261 (3) Less the costs of issuing and the costs of funding
2262 reserve accounts and other costs associated with bonds, the
2263 proceeds of cash payments or bonds issued pursuant to this
2264 section shall be deposited into the Florida Forever Trust Fund
2265 created by s. 259.1051. The proceeds shall be distributed by the
2266 Department of Environmental Protection in the following manner:
2267 (c) Twenty-one percent to the Department of Environmental
2268 Protection for use by the Florida Communities Trust for the
2269 purposes of part III of chapter 380, as described and limited by
2270 this subsection, and grants to local governments or nonprofit
2271 environmental organizations that are tax-exempt under s.
2272 501(c)(3) of the United States Internal Revenue Code for the
2273 acquisition of community-based projects, urban open spaces,
2274 parks, and greenways to implement local government comprehensive
2275 plans. From funds available to the trust and used for land
2276 acquisition, 75 percent shall be matched by local governments on
2277 a dollar-for-dollar basis. The Legislature intends that the
2278 Florida Communities Trust emphasize funding projects in low
2279 income or otherwise disadvantaged communities and projects that
2280 provide areas for direct water access and water-dependent
2281 facilities that are open to the public and offer public access
2282 by vessels to waters of the state, including boat ramps and
2283 associated parking and other support facilities. At least 30
2284 percent of the total allocation provided to the trust shall be
2285 used in Standard Metropolitan Statistical Areas, but one-half of
2286 that amount shall be used in localities in which the project
2287 site is located in built-up commercial, industrial, or mixed-use
2288 areas and functions to intersperse open spaces within congested
2289 urban core areas. From funds allocated to the trust, no less
2290 than 5 percent shall be used to acquire lands for recreational
2291 trail systems, provided that in the event these funds are not
2292 needed for such projects, they will be available for other trust
2293 projects. Local governments may use federal grants or loans,
2294 private donations, or environmental mitigation funds, including
2295 environmental mitigation funds required pursuant to s. 338.250,
2296 for any part or all of any local match required for acquisitions
2297 funded through the Florida Communities Trust. Any lands
2298 purchased by nonprofit organizations using funds allocated under
2299 this paragraph must provide for such lands to remain permanently
2300 in public use through a reversion of title to local or state
2301 government, conservation easement, or other appropriate
2302 mechanism. Projects funded with funds allocated to the trust
2303 shall be selected in a competitive process measured against
2304 criteria adopted in rule by the trust.
2305 (l) For the purposes of paragraphs (e), (f), (g), and (h),
2306 the agencies that receive the funds shall develop their
2307 individual acquisition or restoration lists in accordance with
2308 specific criteria and numeric performance measures developed
2309 pursuant to s. 259.035(4). Proposed additions may be acquired if
2310 they are identified within the original project boundary, the
2311 management plan required pursuant to s. 253.034(5), or the
2312 management prospectus required pursuant to s. 259.032(7)(d) s.
2313 259.032(9)(d). Proposed additions not meeting the requirements
2314 of this paragraph shall be submitted to the Acquisition and
2315 Restoration Council for approval. The council may only approve
2316 the proposed addition if it meets two or more of the following
2317 criteria: serves as a link or corridor to other publicly owned
2318 property; enhances the protection or management of the property;
2319 would add a desirable resource to the property; would create a
2320 more manageable boundary configuration; has a high resource
2321 value that otherwise would be unprotected; or can be acquired at
2322 less than fair market value.
2323 (m) Notwithstanding paragraphs (a)-(j) and for the 2014
2324 2015 fiscal year only:
2325 1. Five million dollars to the Department of Agriculture
2326 and Consumer Services for the acquisition of agricultural lands
2327 through perpetual conservation easements and other perpetual
2328 less-than-fee techniques, which will achieve the objectives of
2329 Florida Forever and s. 570.71.
2330 2. The remaining moneys appropriated from the Florida
2331 Forever Trust Fund shall be distributed only to the Division of
2332 State Lands within the Department of Environmental Protection
2333 for land acquisitions that are less-than-fee interest, for
2334 partnerships in which the state’s portion of the acquisition
2335 cost is no more than 50 percent, or for conservation lands
2336 needed for military buffering or springs or water resources
2337 protection.
2338
2339 This paragraph expires July 1, 2015.
2340 (4) Notwithstanding subsection (3) and for the 2014-2015
2341 fiscal year only, the funds appropriated in section 56 of the
2342 2014-2015 General Appropriations Act may be provided to water
2343 management districts for land acquisitions, including less-than
2344 fee interest, identified by water management districts as being
2345 needed for water resource protection or ecosystem restoration.
2346 This subsection expires July 1, 2015.
2347 (4)(5) It is the intent of the Legislature that projects or
2348 acquisitions funded pursuant to paragraphs (3)(a) and (b)
2349 contribute to the achievement of the following goals, which
2350 shall be evaluated in accordance with specific criteria and
2351 numeric performance measures developed pursuant to s.
2352 259.035(4):
2353 (a) Enhance the coordination and completion of land
2354 acquisition projects, as measured by:
2355 1. The number of acres acquired through the state’s land
2356 acquisition programs that contribute to the enhancement of
2357 essential natural resources, ecosystem service parcels, and
2358 connecting linkage corridors as identified and developed by the
2359 best available scientific analysis;
2360 2. The number of acres protected through the use of
2361 alternatives to fee simple acquisition; or
2362 3. The number of shared acquisition projects among Florida
2363 Forever funding partners and partners with other funding
2364 sources, including local governments and the Federal Government.
2365 (b) Increase the protection of Florida’s biodiversity at
2366 the species, natural community, and landscape levels, as
2367 measured by:
2368 1. The number of acres acquired of significant strategic
2369 habitat conservation areas;
2370 2. The number of acres acquired of highest priority
2371 conservation areas for Florida’s rarest species;
2372 3. The number of acres acquired of significant landscapes,
2373 landscape linkages, and conservation corridors, giving priority
2374 to completing linkages;
2375 4. The number of acres acquired of underrepresented native
2376 ecosystems;
2377 5. The number of landscape-sized protection areas of at
2378 least 50,000 acres that exhibit a mosaic of predominantly intact
2379 or restorable natural communities established through new
2380 acquisition projects or augmentations to previous projects; or
2381 6. The percentage increase in the number of occurrences of
2382 imperiled species on publicly managed conservation areas.
2383 (c) Protect, restore, and maintain the quality and natural
2384 functions of land, water, and wetland systems of the state, as
2385 measured by:
2386 1. The number of acres of publicly owned land identified as
2387 needing restoration, enhancement, and management, acres
2388 undergoing restoration or enhancement, acres with restoration
2389 activities completed, and acres managed to maintain such
2390 restored or enhanced conditions; the number of acres which
2391 represent actual or potential imperiled species habitat; the
2392 number of acres which are available pursuant to a management
2393 plan to restore, enhance, repopulate, and manage imperiled
2394 species habitat; and the number of acres of imperiled species
2395 habitat managed, restored, enhanced, repopulated, or acquired;
2396 2. The percentage of water segments that fully meet,
2397 partially meet, or do not meet their designated uses as reported
2398 in the Department of Environmental Protection’s State Water
2399 Quality Assessment 305(b) Report;
2400 3. The percentage completion of targeted capital
2401 improvements in surface water improvement and management plans
2402 created under s. 373.453(2), regional or master stormwater
2403 management system plans, or other adopted restoration plans;
2404 4. The number of acres acquired that protect natural
2405 floodplain functions;
2406 5. The number of acres acquired that protect surface waters
2407 of the state;
2408 6. The number of acres identified for acquisition to
2409 minimize damage from flooding and the percentage of those acres
2410 acquired;
2411 7. The number of acres acquired that protect fragile
2412 coastal resources;
2413 8. The number of acres of functional wetland systems
2414 protected;
2415 9. The percentage of miles of critically eroding beaches
2416 contiguous with public lands that are restored or protected from
2417 further erosion;
2418 10. The percentage of public lakes and rivers in which
2419 invasive, nonnative aquatic plants are under maintenance
2420 control; or
2421 11. The number of acres of public conservation lands in
2422 which upland invasive, exotic plants are under maintenance
2423 control.
2424 (d) Ensure that sufficient quantities of water are
2425 available to meet the current and future needs of natural
2426 systems and the citizens of the state, as measured by:
2427 1. The number of acres acquired which provide retention and
2428 storage of surface water in naturally occurring storage areas,
2429 such as lakes and wetlands, consistent with the maintenance of
2430 water resources or water supplies and consistent with district
2431 water supply plans;
2432 2. The quantity of water made available through the water
2433 resource development component of a district water supply plan
2434 for which a water management district is responsible; or
2435 3. The number of acres acquired of groundwater recharge
2436 areas critical to springs, sinks, aquifers, other natural
2437 systems, or water supply.
2438 (e) Increase natural resource-based public recreational and
2439 educational opportunities, as measured by:
2440 1. The number of acres acquired that are available for
2441 natural resource-based public recreation or education;
2442 2. The miles of trails that are available for public
2443 recreation, giving priority to those that provide significant
2444 connections including those that will assist in completing the
2445 Florida National Scenic Trail; or
2446 3. The number of new resource-based recreation facilities,
2447 by type, made available on public land.
2448 (f) Preserve significant archaeological or historic sites,
2449 as measured by:
2450 1. The increase in the number of and percentage of historic
2451 and archaeological properties listed in the Florida Master Site
2452 File or National Register of Historic Places which are protected
2453 or preserved for public use; or
2454 2. The increase in the number and percentage of historic
2455 and archaeological properties that are in state ownership.
2456 (g) Increase the amount of forestland available for
2457 sustainable management of natural resources, as measured by:
2458 1. The number of acres acquired that are available for
2459 sustainable forest management;
2460 2. The number of acres of state-owned forestland managed
2461 for economic return in accordance with current best management
2462 practices;
2463 3. The number of acres of forestland acquired that will
2464 serve to maintain natural groundwater recharge functions; or
2465 4. The percentage and number of acres identified for
2466 restoration actually restored by reforestation.
2467 (h) Increase the amount of open space available in urban
2468 areas, as measured by:
2469 1. The percentage of local governments that participate in
2470 land acquisition programs and acquire open space in urban cores;
2471 or
2472 2. The percentage and number of acres of purchases of open
2473 space within urban service areas.
2474
2475 Florida Forever projects and acquisitions funded pursuant to
2476 paragraph (3)(c) shall be measured by goals developed by rule by
2477 the Florida Communities Trust Governing Board created in s.
2478 380.504.
2479 (5)(6)(a) All lands acquired pursuant to this section shall
2480 be managed for multiple-use purposes, where compatible with the
2481 resource values of and management objectives for such lands. As
2482 used in this section, “multiple-use” includes, but is not
2483 limited to, outdoor recreational activities as described in ss.
2484 253.034 and 259.032(7)(b) 259.032(9)(b), water resource
2485 development projects, sustainable forestry management, carbon
2486 sequestration, carbon mitigation, or carbon offsets.
2487 (9)(10) The Acquisition and Restoration Council shall
2488 recommend rules for adoption by the board of trustees to
2489 competitively evaluate, select, and rank projects eligible for
2490 Florida Forever funds pursuant to paragraph (3)(b) and for
2491 additions to the Conservation and Recreation Lands list pursuant
2492 to ss. 259.032 and 259.101(4). In developing these proposed
2493 rules, the Acquisition and Restoration Council shall give weight
2494 to the following criteria:
2495 (a) The project meets multiple goals described in
2496 subsection (4).
2497 (b) The project is part of an ongoing governmental effort
2498 to restore, protect, or develop land areas or water resources.
2499 (c) The project enhances or facilitates management of
2500 properties already under public ownership.
2501 (d) The project has significant archaeological or historic
2502 value.
2503 (e) The project has funding sources that are identified and
2504 assured through at least the first 2 years of the project.
2505 (f) The project contributes to the solution of water
2506 resource problems on a regional basis.
2507 (g) The project has a significant portion of its land area
2508 in imminent danger of development, in imminent danger of losing
2509 its significant natural attributes or recreational open space,
2510 or in imminent danger of subdivision which would result in
2511 multiple ownership and make acquisition of the project costly or
2512 less likely to be accomplished.
2513 (h) The project implements an element from a plan developed
2514 by an ecosystem management team.
2515 (i) The project is one of the components of the Everglades
2516 restoration effort.
2517 (j) The project may be purchased at 80 percent of appraised
2518 value.
2519 (k) The project may be acquired, in whole or in part, using
2520 alternatives to fee simple, including but not limited to, tax
2521 incentives, mitigation funds, or other revenues; the purchase of
2522 development rights, hunting rights, agricultural or
2523 silvicultural rights, or mineral rights; or obtaining
2524 conservation easements or flowage easements.
2525 (l) The project is a joint acquisition, either among public
2526 agencies, nonprofit organizations, or private entities, or by a
2527 public-private partnership.
2528 (15)(16) The Acquisition and Restoration Council shall
2529 submit to the board of trustees, with its list of projects, a
2530 report that includes, but shall not be limited to, the following
2531 information for each project listed:
2532 (i) A management policy statement for the project and a
2533 management prospectus pursuant to s. 259.032(7)(d) s.
2534 259.032(9)(d).
2535 (16)(17) All proposals for projects pursuant to paragraph
2536 (3)(b) shall be implemented only if adopted by the Acquisition
2537 and Restoration Council and approved by the board of trustees.
2538 The council shall consider and evaluate in writing the merits
2539 and demerits of each project that is proposed for Florida
2540 Forever funding and each proposed addition to the Conservation
2541 and Recreation Lands list program. The council shall ensure that
2542 each proposed project will meet a stated public purpose for the
2543 restoration, conservation, or preservation of environmentally
2544 sensitive lands and water areas or for providing outdoor
2545 recreational opportunities and that each proposed addition to
2546 the Conservation and Recreation Lands list will meet the public
2547 purposes under s. 259.032(3) and, when applicable, s.
2548 259.101(4). The council also shall determine whether the project
2549 or addition conforms, where applicable, with the comprehensive
2550 plan developed pursuant to s. 259.04(1)(a), the comprehensive
2551 multipurpose outdoor recreation plan developed pursuant to s.
2552 375.021, the state lands management plan adopted pursuant to s.
2553 253.03(7), the water resources work plans developed pursuant to
2554 s. 373.199, and the provisions of this section.
2555 (20)(21) Lands listed as projects for acquisition under the
2556 Florida Forever program may be managed for conservation pursuant
2557 to s. 259.032, on an interim basis by a private party in
2558 anticipation of a state purchase in accordance with a
2559 contractual arrangement between the acquiring agency and the
2560 private party that may include management service contracts,
2561 leases, cost-share arrangements, or resource conservation
2562 agreements. Lands designated as eligible under this subsection
2563 shall be managed to maintain or enhance the resources the state
2564 is seeking to protect by acquiring the land and to accelerate
2565 public access to the lands as soon as practicable. Funding for
2566 these contractual arrangements may originate from the
2567 documentary stamp tax revenue deposited into the Land
2568 Acquisition Conservation and Recreation Lands Trust Fund and
2569 Water Management Lands Trust Fund. No more than $6.2 million may
2570 be expended from the Land Acquisition Trust Fund 5 percent of
2571 funds allocated under the trust funds shall be expended for this
2572 purpose.
2573 Section 28. Subsections (1) and (3) of section 259.1051,
2574 Florida Statutes, are amended to read:
2575 259.1051 Florida Forever Trust Fund.—
2576 (1) There is created the Florida Forever Trust Fund to
2577 carry out the purposes of ss. 259.032, 259.105, 259.1052, and
2578 375.031. The Florida Forever Trust Fund shall be held and
2579 administered by the Department of Environmental Protection.
2580 Proceeds from the sale of bonds, except proceeds of refunding
2581 bonds, issued under s. 215.618 and payable from moneys
2582 transferred to the Land Acquisition Trust Fund under s.
2583 201.15(1) s. 201.15(1)(a), not to exceed $5.3 billion, must be
2584 deposited into this trust fund to be distributed and used as
2585 provided in s. 259.105(3). The bond resolution adopted by the
2586 governing board of the Division of Bond Finance of the State
2587 Board of Administration may provide for additional provisions
2588 that govern the disbursement of the bond proceeds.
2589 (3) The Department of Environmental Protection shall ensure
2590 that the proceeds from the sale of bonds issued under s. 215.618
2591 and payable from moneys transferred to the Land Acquisition
2592 Trust Fund under s. 201.15(1) s. 201.15(1)(a) shall be
2593 administered and expended in a manner that ensures compliance of
2594 each issue of bonds that are issued on the basis that interest
2595 thereon will be excluded from gross income for federal income
2596 tax purposes, with the applicable provisions of the United
2597 States Internal Revenue Code and the regulations promulgated
2598 thereunder, to the extent necessary to preserve the exclusion of
2599 interest on the bonds from gross income for federal income tax
2600 purposes. The Department of Environmental Protection shall
2601 administer the use and disbursement of the proceeds of such
2602 bonds or require that the use and disbursement thereof be
2603 administered in a manner to implement strategies to maximize any
2604 available benefits under the applicable provisions of the United
2605 States Internal Revenue Code or regulations promulgated
2606 thereunder, to the extent not inconsistent with the purposes
2607 identified in s. 259.105(3).
2608 Section 29. Subsection (4) of section 339.0801, Florida
2609 Statutes, is amended to read:
2610 339.0801 Allocation of increased revenues derived from
2611 amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
2612 from increased revenues to the State Transportation Trust Fund
2613 derived from the amendments to s. 319.32(5)(a) made by this act
2614 must be used annually, first as set forth in subsection (1) and
2615 then as set forth in subsections (2)-(5), notwithstanding any
2616 other provision of law:
2617 (4) Beginning in the 2013-2014 fiscal year and annually
2618 thereafter, $10 million shall be allocated to the Small County
2619 Outreach Program, to be used as specified in s. 339.2818. These
2620 funds are in addition to the funds provided for the program
2621 pursuant to s. 201.15(4)(a)2 in s. 201.15(1)(c)1.b.
2622 Section 30. Subsection (9) of section 339.55, Florida
2623 Statutes, is amended to read:
2624 339.55 State-funded infrastructure bank.—
2625 (9) Funds paid into the State Transportation Trust Fund
2626 pursuant to s. 201.15(4)(a) s. 201.15(1)(c) for the purposes of
2627 the State Infrastructure Bank are hereby annually appropriated
2628 for expenditure to support that program.
2629 Section 31. Subsection (5) of section 341.303, Florida
2630 Statutes, is amended to read:
2631 341.303 Funding authorization and appropriations;
2632 eligibility and participation.—
2633 (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
2634 (a) The department, through the Florida Rail Enterprise, is
2635 authorized to use funds provided pursuant to s. 201.15(4)(a)4.
2636 under s. 201.15(1)(c)1.d. to fund:
2637 (a) Up to 50 percent of the nonfederal share of the costs
2638 of any eligible passenger rail capital improvement project.
2639 (b) The department, through the Florida Rail Enterprise, is
2640 authorized to use funds provided under s. 201.15(1)(c)1.d. to
2641 fund Up to 100 percent of planning and development costs related
2642 to the provision of a passenger rail system, including, but not
2643 limited to, preliminary engineering, revenue studies,
2644 environmental impact studies, financial advisory services,
2645 engineering design, and other appropriate professional services.
2646 (c) The department, through the Florida Rail Enterprise, is
2647 authorized to use funds provided under s. 201.15(1)(c)1.d. to
2648 fund The high-speed rail system.
2649 (d) The department, through the Florida Rail Enterprise, is
2650 authorized to use funds provided under s. 201.15(1)(c)1.d. to
2651 fund Projects necessary to identify or address anticipated
2652 impacts of increased freight rail traffic resulting from the
2653 implementation of passenger rail systems as provided in s.
2654 341.302(3)(b).
2655 Section 32. Paragraph (b) of subsection (4) of section
2656 343.58, Florida Statutes, is amended to read:
2657 343.58 County funding for the South Florida Regional
2658 Transportation Authority.—
2659 (4) Notwithstanding any other provision of law to the
2660 contrary and effective July 1, 2010, until as provided in
2661 paragraph (d), the department shall transfer annually from the
2662 State Transportation Trust Fund to the South Florida Regional
2663 Transportation Authority the amounts specified in subparagraph
2664 (a)1. or subparagraph (a)2.
2665 (b) Funding required by this subsection may not be provided
2666 from the funds dedicated to the Florida Rail Enterprise pursuant
2667 to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
2668 Section 33. Section 369.252, Florida Statutes, is amended
2669 to read:
2670 369.252 Invasive plant control on public lands.—The Fish
2671 and Wildlife Conservation Commission shall establish a program
2672 to:
2673 (1) Achieve eradication or maintenance control of invasive
2674 exotic plants on public lands when the scientific data indicate
2675 that they are detrimental to the state’s natural environment or
2676 when the Commissioner of Agriculture finds that such plants or
2677 specific populations thereof are a threat to the agricultural
2678 productivity of the state;
2679 (2) Assist state and local government agencies in the
2680 development and implementation of coordinated management plans
2681 for the eradication or maintenance control of invasive exotic
2682 plant species on public lands;
2683 (3) Contract, or enter into agreements, with entities in
2684 the State University System or other governmental or private
2685 sector entities for research concerning control agents;
2686 production and growth of biological control agents; and
2687 development of workable methods for the eradication or
2688 maintenance control of invasive exotic plants on public lands;
2689 and
2690 (4) Use funds in the Invasive Plant Control Trust Fund as
2691 authorized by the Legislature for carrying out activities under
2692 this section on public lands. A minimum of 20 percent of the
2693 amount appropriated by the Legislature for invasive plant
2694 control from credited to the Land Acquisition Invasive Plant
2695 Control Trust Fund pursuant to s. 201.15(6) shall be used for
2696 the purpose of controlling nonnative, upland, invasive plant
2697 species on public lands.
2698 Section 34. Paragraph (c) of subsection (8) of section
2699 373.026, Florida Statutes, is amended to read:
2700 373.026 General powers and duties of the department.—The
2701 department, or its successor agency, shall be responsible for
2702 the administration of this chapter at the state level. However,
2703 it is the policy of the state that, to the greatest extent
2704 possible, the department may enter into interagency or
2705 interlocal agreements with any other state agency, any water
2706 management district, or any local government conducting programs
2707 related to or materially affecting the water resources of the
2708 state. All such agreements shall be subject to the provisions of
2709 s. 373.046. In addition to its other powers and duties, the
2710 department shall, to the greatest extent possible:
2711 (8)
2712 (c) Notwithstanding paragraph (b), the use of state funds
2713 for land purchases from willing sellers is authorized for
2714 projects within the South Florida Water Management District’s
2715 approved 5-year plan of acquisition pursuant to s. 373.59 or
2716 within the South Florida Water Management District’s approved
2717 Florida Forever water management district work plan pursuant to
2718 s. 373.199.
2719 Section 35. Subsection (4) of section 373.089, Florida
2720 Statutes, is amended to read:
2721 373.089 Sale or exchange of lands, or interests or rights
2722 in lands.—The governing board of the district may sell lands, or
2723 interests or rights in lands, to which the district has acquired
2724 title or to which it may hereafter acquire title in the
2725 following manner:
2726 (4) The governing board of a district may exchange lands,
2727 or interests or rights in lands, owned by, or lands, or
2728 interests or rights in lands, for which title is otherwise
2729 vested in, the district for other lands, or interests or rights
2730 in lands, within the state owned by any person. The governing
2731 board shall fix the terms and conditions of any such exchange
2732 and may pay or receive any sum of money that the board considers
2733 necessary to equalize the values of exchanged properties. Land,
2734 or interests or rights in land, acquired under former s. 373.59,
2735 Florida Statutes 2014, may be exchanged only for lands, or
2736 interests or rights in lands, that otherwise meet the
2737 requirements of that section for acquisition.
2738 Section 36. Paragraph (a) of subsection (5) of section
2739 373.129, Florida Statutes, is amended to read:
2740 373.129 Maintenance of actions.—The department, the
2741 governing board of any water management district, any local
2742 board, or a local government to which authority has been
2743 delegated pursuant to s. 373.103(8), is authorized to commence
2744 and maintain proper and necessary actions and proceedings in any
2745 court of competent jurisdiction for any of the following
2746 purposes:
2747 (5) To recover a civil penalty for each offense in an
2748 amount not to exceed $10,000 per offense. Each date during which
2749 such violation occurs constitutes a separate offense.
2750 (a) A civil penalty recovered by a water management
2751 district pursuant to this subsection shall be retained deposited
2752 in the Water Management Lands Trust Fund established under s.
2753 373.59 and used exclusively by the water management district
2754 that collected deposits the money into the fund. A civil penalty
2755 recovered by the department pursuant to this subsection must be
2756 deposited into the Water Quality Assurance Trust Fund
2757 established under s. 376.307 Any such civil penalty recovered
2758 after the expiration of such fund shall be deposited in the
2759 Ecosystem Management and Restoration Trust Fund and used
2760 exclusively within the water management district that deposits
2761 the money into the fund.
2762 Section 37. Subsection (5) of section 373.1391, Florida
2763 Statutes, is amended to read:
2764 373.1391 Management of real property.—
2765 (5) The following additional uses of lands acquired
2766 pursuant to the Florida Forever program and other state-funded
2767 land purchase programs shall be authorized, upon a finding by
2768 the governing board, if they meet the criteria specified in
2769 paragraphs (a)-(e): water resource development projects, water
2770 supply development projects, stormwater management projects,
2771 linear facilities, and sustainable agriculture and forestry.
2772 Such additional uses are authorized where:
2773 (a) Not inconsistent with the management plan for such
2774 lands;
2775 (b) Compatible with the natural ecosystem and resource
2776 values of such lands;
2777 (c) The proposed use is appropriately located on such lands
2778 and where due consideration is given to the use of other
2779 available lands;
2780 (d) The using entity reasonably compensates the titleholder
2781 for such use based upon an appropriate measure of value; and
2782 (e) The use is consistent with the public interest.
2783
2784 A decision by the governing board pursuant to this subsection
2785 shall be given a presumption of correctness. Moneys received
2786 from the use of state lands pursuant to this subsection shall be
2787 returned to the lead managing agency in accordance with the
2788 provisions of s. 373.59.
2789 Section 38. Subsection (7) of section 373.199, Florida
2790 Statutes, is amended to read:
2791 373.199 Florida Forever Water Management District Work
2792 Plan.—
2793 (7) By June 1, 2001, each district shall file with the
2794 President of the Senate, the Speaker of the House of
2795 Representatives, and the Secretary of Environmental Protection
2796 the initial 5-year work plan as required under subsection (2).
2797 By March 1 of each year thereafter, as part of the consolidated
2798 annual report required by s. 373.036(7), each district shall
2799 report on acquisitions completed during the year together with
2800 modifications or additions to its 5-year work plan. Included in
2801 the report shall be:
2802 (a) A description of land management activity for each
2803 property or project area owned by the water management district.
2804 (b) A list of any lands surplused and the amount of
2805 compensation received.
2806 (c) The progress of funding, staffing, and resource
2807 management of every project funded pursuant to former s.
2808 259.101(3), Florida Statutes 2014 s. 259.101, s. 259.105, or
2809 former s. 373.59(2), Florida Statutes 2014, s. 373.59 for which
2810 the district is responsible.
2811
2812 The secretary shall submit the report referenced in this
2813 subsection to the Board of Trustees of the Internal Improvement
2814 Trust Fund together with the Acquisition and Restoration
2815 Council’s project list as required under s. 259.105.
2816 Section 39. Subsection (7) of section 373.430, Florida
2817 Statutes, is amended to read:
2818 373.430 Prohibitions, violation, penalty, intent.—
2819 (7) All moneys recovered under the provisions of this
2820 section shall be allocated to the use of the water management
2821 district, the department, or the local government, whichever
2822 undertook and maintained the enforcement action. All monetary
2823 penalties and damages recovered by the department or the state
2824 under the provisions of this section shall be deposited into in
2825 the Water Quality Assurance Ecosystem Management and Restoration
2826 Trust Fund. All monetary penalties and damages recovered
2827 pursuant to this section by a water management district shall be
2828 retained deposited in the Water Management Lands Trust Fund
2829 established under s. 373.59 and used exclusively within the
2830 territory of the water management district which collected
2831 deposits the money into the fund. Any such monetary penalties
2832 and damages recovered after the expiration of such fund shall be
2833 deposited in the Ecosystem Management and Restoration Trust Fund
2834 and used exclusively within the territory of the water
2835 management district which deposits the money into the fund. All
2836 monetary penalties and damages recovered pursuant to this
2837 subsection by a local government to which authority has been
2838 delegated pursuant to s. 373.103(8) shall be used to enhance
2839 surface water improvement or pollution control activities.
2840 Section 40. Subsections (3) through (6) of section 373.459,
2841 Florida Statutes, are amended to read:
2842 373.459 Funds for surface water improvement and
2843 management.—
2844 (3) The Ecosystem Management and Restoration Trust Fund
2845 shall be used for the deposit of funds appropriated by the
2846 Legislature for the purposes of ss. 373.451-373.4595. The
2847 department shall administer all funds appropriated to or
2848 received for surface water improvement and management
2849 activities. Expenditure of the moneys shall be limited to the
2850 costs of detailed planning and plan and program implementation
2851 for priority surface water bodies. Moneys may from the fund
2852 shall not be expended for planning for, or construction or
2853 expansion of, treatment facilities for domestic or industrial
2854 waste disposal.
2855 (4) The department shall authorize the release of money
2856 from the fund in accordance with the provisions of s. 373.501(2)
2857 and procedures in s. 373.59(4) and (5).
2858 (5) Moneys in the fund which are not needed to meet current
2859 obligations incurred under this section shall be transferred to
2860 the State Board of Administration, to the credit of the trust
2861 fund, to be invested in the manner provided by law. Interest
2862 received on such investments shall be credited to the trust
2863 fund.
2864 (5)(6) The match requirement of subsection (2) does shall
2865 not apply to the Suwannee River Water Management District, the
2866 Northwest Florida Water Management District, or a financially
2867 disadvantaged small local government as defined in former s.
2868 403.885(3).
2869 Section 41. Paragraph (a) of subsection (3) of section
2870 373.4592, Florida Statutes, is amended to read:
2871 373.4592 Everglades improvement and management.—
2872 (3) EVERGLADES LONG-TERM PLAN.—
2873 (a) The Legislature finds that the Everglades Program
2874 required by this section establishes more extensive and
2875 comprehensive requirements for surface water improvement and
2876 management within the Everglades than the SWIM plan requirements
2877 provided in ss. 373.451 and 373.453. In order to avoid
2878 duplicative requirements, and in order to conserve the resources
2879 available to the district, the SWIM plan requirements of those
2880 sections shall not apply to the Everglades Protection Area and
2881 the EAA during the term of the Everglades Program, and the
2882 district will neither propose, nor take final agency action on,
2883 any Everglades SWIM plan for those areas until the Everglades
2884 Program is fully implemented. Funds identified under former s.
2885 259.101(3)(b), Florida Statutes 2014, may be used for
2886 acquisition of lands necessary to implement the Everglades
2887 Construction Project, to the extent these funds are identified
2888 in the Statement of Principles of July 1993. The district’s
2889 actions in implementing the Everglades Construction Project
2890 relating to the responsibilities of the EAA and C-139 Basin for
2891 funding and water quality compliance in the EAA and the
2892 Everglades Protection Area shall be governed by this section.
2893 Other strategies or activities in the March 1992 Everglades SWIM
2894 plan may be implemented if otherwise authorized by law.
2895 Section 42. Subsection (4) of section 373.45926, Florida
2896 Statutes, is amended to read:
2897 373.45926 Everglades Trust Fund; allocation of revenues and
2898 expenditure of funds for conservation and protection of natural
2899 resources and abatement of water pollution.—
2900 (4) The following funds shall be deposited into the
2901 Everglades Trust Fund specifically for the implementation of the
2902 Everglades Forever Act.
2903 (a) Alligator Alley toll revenues pursuant to s. 338.26(3).
2904 (b) Everglades agricultural privilege tax revenues pursuant
2905 to s. 373.4592(6).
2906 (c) C-139 agricultural privilege tax revenues pursuant to
2907 s. 373.4592(7).
2908 (d) Special assessment revenues pursuant to s. 373.4592(8).
2909 (e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
2910 (f) Federal funds appropriated by the United States
2911 Congress for any component of the Everglades Construction
2912 Project.
2913 (g) Preservation 2000 funds for acquisition of lands
2914 necessary for implementation of the Everglades Forever Act as
2915 prescribed in an annual appropriation.
2916 (g)(h) Any additional funds specifically appropriated by
2917 the Legislature for this purpose.
2918 (h)(i) Gifts designated for implementation of the
2919 Everglades Forever Act from individuals, corporations, and other
2920 entities.
2921 (i)(j) Any additional funds that become available for this
2922 purpose from any other source.
2923 Section 43. Paragraph (e) of subsection (4), paragraph (a)
2924 of subsection (6), and paragraph (b) of subsection (7) of
2925 section 373.470, Florida Statutes, are amended to read:
2926 373.470 Everglades restoration.—
2927 (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
2928 DEPOSIT.—The following funds may be deposited into the Save Our
2929 Everglades Trust Fund created by s. 373.472 to finance
2930 implementation of the comprehensive plan, the Lake Okeechobee
2931 Watershed Protection Plan, the River Watershed Protection Plans,
2932 and the Keys Wastewater Plan:
2933 (e) Funds made available pursuant to s. 201.15 for debt
2934 service for Everglades restoration bonds.
2935 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
2936 (a) Except as provided in paragraphs (d) and (e) and for
2937 funds appropriated for debt service, the department shall
2938 distribute funds in the Save Our Everglades Trust Fund to the
2939 district in accordance with a legislative appropriation and s.
2940 373.026(8)(b) and (c). Distribution of funds to the district
2941 from the Save Our Everglades Trust Fund shall be equally matched
2942 by the cumulative contributions from the district by fiscal year
2943 2019-2020 by providing funding or credits toward project
2944 components. The dollar value of in-kind project design and
2945 construction work by the district in furtherance of the
2946 comprehensive plan and existing interest in public lands needed
2947 for a project component are credits towards the district’s
2948 contributions.
2949 (7) ANNUAL REPORT.—To provide enhanced oversight of and
2950 accountability for the financial commitments established under
2951 this section and the progress made in the implementation of the
2952 comprehensive plan, the following information must be prepared
2953 annually as part of the consolidated annual report required by
2954 s. 373.036(7):
2955 (b) The department shall prepare a detailed report on all
2956 funds expended by the state and credited toward the state’s
2957 share of funding for implementation of the comprehensive plan.
2958 The report shall include:
2959 1. A description of all expenditures, by source and amount,
2960 from the former Conservation and Recreation Lands Trust Fund,
2961 the Land Acquisition Trust Fund, the former Preservation 2000
2962 Trust Fund, the Florida Forever Trust Fund, the Save Our
2963 Everglades Trust Fund, and other named funds or accounts for the
2964 acquisition or construction of project components or other
2965 features or facilities that benefit the comprehensive plan.
2966 2. A description of the purposes for which the funds were
2967 expended.
2968 3. The unencumbered fiscal-year-end balance that remains in
2969 each trust fund or account identified in subparagraph 1.
2970
2971 The information required in paragraphs (a), (b), and (c) shall
2972 be provided as part of the consolidated annual report required
2973 by s. 373.036(7). The initial report is due by November 30,
2974 2000, and each annual report thereafter is due by March 1.
2975 Section 44. Subsection (1) of section 373.472, Florida
2976 Statutes, is amended to read:
2977 373.472 Save Our Everglades Trust Fund.—
2978 (1) There is created within the Department of Environmental
2979 Protection the Save Our Everglades Trust Fund. Funds in the
2980 trust fund shall be expended to implement the comprehensive plan
2981 as defined in s. 373.470(2); the Lake Okeechobee Watershed
2982 Protection Plan as defined in s. 373.4595(2); the Caloosahatchee
2983 River Watershed Protection Plan as defined in s. 373.4595(2);
2984 the St. Lucie River Watershed Protection Plan as defined in s.
2985 373.4595(2); the Long-Term Plan as defined in s. 373.4592(2);
2986 and the Florida Keys Area of Critical State Concern protection
2987 program under ss. 380.05 and 380.0552 to restore and conserve
2988 natural systems through the implementation of water management
2989 projects, including wastewater management projects identified in
2990 the “Keys Wastewater Plan” dated November 2007 and submitted to
2991 the Florida House of Representatives on December 4, 2007; and to
2992 pay debt service for Everglades restoration bonds issued
2993 pursuant to s. 215.619. The trust fund shall serve as the
2994 repository for state, local, and federal project contributions
2995 in accordance with s. 373.470(4).
2996 Section 45. Subsection (2) of section 373.584, Florida
2997 Statutes, is amended to read:
2998 373.584 Revenue bonds.—
2999 (2) Revenues derived by the district from the Water
3000 Management Lands Trust Fund as provided in s. 373.59 or any
3001 other revenues of the district may be pledged to the payment of
3002 such revenue bonds; however, the ad valorem taxing powers of the
3003 district may not be pledged to the payment of such revenue bonds
3004 without prior compliance with the requirements of the State
3005 Constitution as to the affirmative vote of the electors of the
3006 district and with the requirements of s. 373.563, and bonds
3007 payable from the Water Management Lands Trust Fund shall be
3008 issued solely for the purposes set forth in s. 373.59. Revenue
3009 bonds and notes shall be, and shall be deemed to be, for all
3010 purposes, negotiable instruments, subject only to the provisions
3011 of the revenue bonds and notes for registration. The powers and
3012 authority of districts to issue revenue bonds, including, but
3013 not limited to, bonds to finance a stormwater management system
3014 as defined by s. 373.403, and to enter into contracts incidental
3015 thereto, and to do all things necessary and desirable in
3016 connection with the issuance of revenue bonds, shall be
3017 coextensive with the powers and authority of municipalities to
3018 issue bonds under state law. The provisions of this section
3019 constitute full and complete authority for the issuance of
3020 revenue bonds and shall be liberally construed to effectuate its
3021 purpose.
3022 Section 46. Section 373.59, Florida Statutes, is amended to
3023 read:
3024 373.59 Payment in lieu of taxes for lands acquired for
3025 water management district purposes Water Management Lands Trust
3026 Fund.—
3027 (1) There is established within the Department of
3028 Environmental Protection the Water Management Lands Trust Fund
3029 to be used as a nonlapsing fund for the purposes of this
3030 section. The moneys in this fund are hereby continually
3031 appropriated for the purposes of land acquisition, management,
3032 maintenance, capital improvements of land titled to the
3033 districts, payments in lieu of taxes, debt service on bonds
3034 issued prior to July 1, 1999, debt service on bonds issued on or
3035 after July 1, 1999, which are issued to refund bonds issued
3036 before July 1, 1999, preacquisition costs associated with land
3037 purchases, and the department’s costs of administration of the
3038 fund. No refunding bonds may be issued which mature after the
3039 final maturity date of the bonds being refunded or which provide
3040 for higher debt service in any year than is payable on such
3041 bonds as of February 1, 2009. The department’s costs of
3042 administration shall be charged proportionally against each
3043 district’s allocation using the formula provided in subsection
3044 (8). Capital improvements shall include, but need not be limited
3045 to, perimeter fencing, signs, firelanes, control of invasive
3046 exotic species, controlled burning, habitat inventory and
3047 restoration, law enforcement, access roads and trails, and
3048 minimal public accommodations, such as primitive campsites,
3049 garbage receptacles, and toilets. The moneys in the fund may
3050 also be appropriated to supplement operational expenditures at
3051 the Northwest Florida Water Management District and the Suwannee
3052 River Water Management District, with such appropriations
3053 allocated prior to the allocations set out in subsection (8) to
3054 the five water management districts.
3055 (2) Until the Preservation 2000 Program is concluded, each
3056 district shall file with the Legislature and the Secretary of
3057 Environmental Protection a report of acquisition activity, by
3058 January 15 of each year, together with modifications or
3059 additions to its 5-year plan of acquisition. Included in the
3060 report shall be an identification of those lands which require a
3061 full fee simple interest to achieve water management goals and
3062 those lands which can be acquired using alternatives to fee
3063 simple acquisition techniques and still achieve such goals. In
3064 their evaluation of which lands would be appropriate for
3065 acquisition through alternatives to fee simple, district staff
3066 shall consider criteria including, but not limited to,
3067 acquisition costs, the net present value of future land
3068 management costs, the net present value of ad valorem revenue
3069 loss to the local government, and the potential for revenue
3070 generated from activities compatible with acquisition
3071 objectives. The report shall also include a description of land
3072 management activity. However, no acquisition of lands shall
3073 occur without a public hearing similar to those held pursuant to
3074 the provisions set forth in s. 120.54. In the annual update of
3075 its 5-year plan for acquisition, each district shall identify
3076 lands needed to protect or recharge groundwater and shall
3077 establish a plan for their acquisition as necessary to protect
3078 potable water supplies. Lands which serve to protect or recharge
3079 groundwater identified pursuant to this paragraph shall also
3080 serve to protect other valuable natural resources or provide
3081 space for natural resource based recreation. Once all
3082 Preservation 2000 funds allocated to the water management
3083 districts have been expended or committed, this subsection shall
3084 be repealed.
3085 (3) Each district shall remove the property of an unwilling
3086 seller from its plan of acquisition at the next scheduled update
3087 of the plan, if in receipt of a request to do so by the property
3088 owner. This subsection shall be repealed at the conclusion of
3089 the Preservation 2000 program.
3090 (4) The Secretary of Environmental Protection shall release
3091 moneys from the Water Management Lands Trust Fund to a district
3092 for preacquisition costs within 30 days after receipt of a
3093 resolution adopted by the district’s governing board which
3094 identifies and justifies any such preacquisition costs necessary
3095 for the purchase of any lands listed in the district’s 5-year
3096 plan. The district shall return to the department any funds not
3097 used for the purposes stated in the resolution, and the
3098 department shall deposit the unused funds into the Water
3099 Management Lands Trust Fund.
3100 (5) The Secretary of Environmental Protection shall release
3101 to the districts moneys for management, maintenance, and capital
3102 improvements following receipt of a resolution and request
3103 adopted by the governing board which specifies the designated
3104 managing agency, specific management activities, public use,
3105 estimated annual operating costs, and other acceptable
3106 documentation to justify release of moneys.
3107 (6) If a district issues revenue bonds or notes under s.
3108 373.584 prior to July 1, 1999, the district may pledge its share
3109 of the moneys in the Water Management Lands Trust Fund as
3110 security for such bonds or notes. The Department of
3111 Environmental Protection shall pay moneys from the trust fund to
3112 a district or its designee sufficient to pay the debt service,
3113 as it becomes due, on the outstanding bonds and notes of the
3114 district; however, such payments shall not exceed the district’s
3115 cumulative portion of the trust fund. However, any moneys
3116 remaining after payment of the amount due on the debt service
3117 shall be released to the district pursuant to subsection (5).
3118 (7) Any unused portion of a district’s share of the fund
3119 shall accumulate in the trust fund to the credit of that
3120 district. Interest earned on such portion shall also accumulate
3121 to the credit of that district to be used for management,
3122 maintenance, and capital improvements as provided in this
3123 section. The total moneys over the life of the fund available to
3124 any district under this section shall not be reduced except by
3125 resolution of the district governing board stating that the need
3126 for the moneys no longer exists. Any water management district
3127 with fund balances in the Water Management Lands Trust Fund as
3128 of March 1, 1999, may expend those funds for land acquisitions
3129 pursuant to s. 373.139, or for the purpose specified in this
3130 subsection.
3131 (8) Moneys from the Water Management Lands Trust Fund shall
3132 be allocated as follows:
3133 (a) Beginning with the 2009-2010 fiscal year, thirty
3134 percent shall be used first to pay debt service on bonds issued
3135 before February 1, 2009, by the South Florida Water Management
3136 District which are secured by revenues provided by this section
3137 or to fund debt service reserve funds, rebate obligations, or
3138 other amounts payable with respect to such bonds, then to
3139 transfer $3,000,000 to the credit of the General Revenue Fund in
3140 each fiscal year, and lastly to distribute the remainder to the
3141 South Florida Water Management District.
3142 (b) Beginning with the 2009-2010 fiscal year, twenty-five
3143 percent shall be used first to transfer $2,500,000 to the credit
3144 of the General Revenue Fund in each fiscal year and then to
3145 distribute the remainder to the Southwest Florida Water
3146 Management District.
3147 (c) Beginning with the 2009-2010 fiscal year, twenty-five
3148 percent shall be used first to pay debt service on bonds issued
3149 before February 1, 2009, by the St. Johns River Water Management
3150 District which are secured by revenues provided by this section
3151 or to fund debt service reserve funds, rebate obligations, or
3152 other amounts payable with respect to such bonds, then to
3153 transfer $2,500,000 to the credit of the General Revenue Fund in
3154 each fiscal year, and to distribute the remainder to the St.
3155 Johns River Water Management District.
3156 (d) Ten percent to the Suwannee River Water Management
3157 District.
3158 (e) Ten percent to the Northwest Florida Water Management
3159 District.
3160 (9) Moneys in the fund not needed to meet current
3161 obligations incurred under this section shall be transferred to
3162 the State Board of Administration, to the credit of the fund, to
3163 be invested in the manner provided by law. Interest received on
3164 such investments shall be credited to the fund.
3165 (10)(a) Beginning July 1, 1999, not more than one-fourth of
3166 the funds provided for in subsections (1) and (8) in any year
3167 shall be reserved annually by a governing board, during the
3168 development of its annual operating budget, for payments in lieu
3169 of taxes for all actual ad valorem tax losses incurred as a
3170 result of all governing board acquisitions for water management
3171 district purposes. Reserved funds not used for payments in lieu
3172 of taxes in any year shall revert to the Water Management Lands
3173 Trust Fund to be used in accordance with the provisions of this
3174 section.
3175 (2)(b) Payment in lieu of taxes shall be available:
3176 (a)1. To all counties that have a population of 150,000 or
3177 fewer. Population levels shall be determined pursuant to s.
3178 186.901. The population estimates published April 1 and used in
3179 the revenue-sharing formula pursuant to s. 186.901 shall be used
3180 to determine eligibility under this subsection and shall apply
3181 to payments made for the subsequent fiscal year.
3182 (b)2. To all local governments located in eligible counties
3183 and whose lands are bought and taken off the tax rolls.
3184
3185 For properties acquired after January 1, 2000, in the event that
3186 such properties otherwise eligible for payment in lieu of taxes
3187 under this subsection are leased or reserved and remain subject
3188 to ad valorem taxes, payments in lieu of taxes shall commence or
3189 recommence upon the expiration or termination of the lease or
3190 reservation. If the lease is terminated for only a portion of
3191 the lands at any time, the annual payments shall be made for
3192 that portion only commencing the year after such termination,
3193 without limiting the requirement that annual payments shall be
3194 made on the remaining portion or portions of the land as the
3195 lease on each expires. For the purposes of this subsection,
3196 “local government” includes municipalities and the county school
3197 board.
3198 (3)(c) If sufficient funds are unavailable in any year to
3199 make full payments to all qualifying counties and local
3200 governments, such counties and local governments shall receive a
3201 pro rata share of the moneys available.
3202 (4)(d) The payment amount shall be based on the average
3203 amount of actual ad valorem taxes paid on the property for the 3
3204 years preceding acquisition. Applications for payment in lieu of
3205 taxes shall be made no later than May 31 of the year for which
3206 payment is sought. No payment in lieu of taxes shall be made for
3207 properties which were exempt from ad valorem taxation for the
3208 year immediately preceding acquisition.
3209 (5)(e) If property that was subject to ad valorem taxation
3210 was acquired by a tax-exempt entity for ultimate conveyance to
3211 the state under this chapter, payment in lieu of taxes shall be
3212 made for such property based upon the average amount of ad
3213 valorem taxes paid on the property for the 3 years prior to its
3214 being removed from the tax rolls. The water management districts
3215 shall certify to the Department of Revenue those properties that
3216 may be eligible under this provision. Once eligibility has been
3217 established, that governmental entity shall receive annual
3218 payments for each tax loss until the qualifying governmental
3219 entity exceeds the population threshold pursuant to subsection
3220 (2) paragraph (b).
3221 (6)(f) Payment in lieu of taxes pursuant to this section
3222 subsection shall be made annually to qualifying counties and
3223 local governments after certification by the Department of
3224 Revenue that the amounts applied for are reasonably appropriate,
3225 based on the amount of actual ad valorem taxes paid on the
3226 eligible property, and after the water management districts have
3227 provided supporting documents to the Chief Financial Officer and
3228 have requested that payment be made in accordance with the
3229 requirements of this section. With the assistance of the local
3230 government requesting payment in lieu of taxes, the water
3231 management district that acquired the land is responsible for
3232 preparing and submitting application requests for payment to the
3233 Department of Revenue for certification.
3234 (7)(g) If a water management district conveys to a county
3235 or local government title to any land owned by the district, any
3236 payments in lieu of taxes on the land made to the county or
3237 local government shall be discontinued as of the date of the
3238 conveyance.
3239 (11) Notwithstanding any provision of this section to the
3240 contrary, the governing board of a water management district may
3241 request, and the Secretary of Environmental Protection shall
3242 release upon such request, moneys allocated to the districts
3243 pursuant to subsection (8) for purposes consistent with the
3244 provisions of s. 373.709, s. 373.705, s. 373.139, or ss.
3245 373.451-373.4595 and for legislatively authorized land
3246 acquisition and water restoration initiatives. No funds may be
3247 used pursuant to this subsection until necessary debt service
3248 obligations, requirements for payments in lieu of taxes, and
3249 land management obligations that may be required by this chapter
3250 are provided for.
3251 (12) Notwithstanding subsection (8), and for the 2014-2015
3252 fiscal year only, the moneys from the Water Management Lands
3253 Trust Fund are allocated as follows:
3254 (a) An amount necessary to pay debt service on bonds issued
3255 before February 1, 2009, by the South Florida Water Management
3256 District and the St. Johns River Water Management District,
3257 which are secured by revenues provided pursuant to this section,
3258 or to fund debt service reserve funds, rebate obligations, or
3259 other amounts payable with respect to such bonds.
3260 (b) Eight million dollars to be transferred to the General
3261 Revenue Fund.
3262 (c) Seven million seven hundred thousand dollars to be
3263 transferred to the Save Our Everglades Trust Fund to support
3264 Everglades restoration projects included in the final report of
3265 the Select Committee on Indian River Lagoon and Lake Okeechobee
3266 Basin, dated November 8, 2013.
3267 (d) Any remaining funds to be provided in accordance with
3268 the General Appropriations Act.
3269
3270 This subsection expires July 1, 2015.
3271 Section 47. Section 373.5905, Florida Statutes, is amended
3272 to read:
3273 373.5905 Reinstatement of payments in lieu of taxes;
3274 duration.—If a water management district has made a payment in
3275 lieu of taxes to a governmental entity and subsequently
3276 suspended such payment, beginning July 1, 2009, the water
3277 management district shall reinstate appropriate payments and
3278 continue the payments for as long as the county population
3279 remains below the population threshold pursuant to s.
3280 373.59(2)(a) s. 373.59(10)(b). This section does not authorize
3281 or provide for payments in arrears.
3282 Section 48. Subsection (8) of section 373.703, Florida
3283 Statutes, is amended to read:
3284 373.703 Water production; general powers and duties.—In the
3285 performance of, and in conjunction with, its other powers and
3286 duties, the governing board of a water management district
3287 existing pursuant to this chapter:
3288 (8) In addition to the power to issue revenue bonds
3289 pursuant to s. 373.584, may issue revenue bonds for the purposes
3290 of paying the costs and expenses incurred in carrying out the
3291 purposes of this chapter or refunding obligations of the
3292 district issued pursuant to this section. Such revenue bonds
3293 shall be secured by, and be payable from, revenues derived from
3294 the operation, lease, or use of its water production and
3295 transmission facilities and other water-related facilities and
3296 from the sale of water or services relating thereto. Such
3297 revenue bonds may not be secured by, or be payable from, moneys
3298 derived by the district from the Water Management Lands Trust
3299 Fund or from ad valorem taxes received by the district or from
3300 moneys appropriated by the Legislature, unless otherwise
3301 specifically authorized by law. All provisions of s. 373.584
3302 relating to the issuance of revenue bonds which are not
3303 inconsistent with this section shall apply to the issuance of
3304 revenue bonds pursuant to this section. The district may also
3305 issue bond anticipation notes in accordance with the provisions
3306 of s. 373.584.
3307 Section 49. Subsection (8) of section 375.031, Florida
3308 Statutes, is amended to read:
3309 375.031 Acquisition of land; procedures.—
3310 (8) The department may, if it deems it desirable and in the
3311 best interest of the program, request the board of trustees to
3312 sell or otherwise dispose of any lands or water storage areas
3313 acquired under this act. The board of trustees, when so
3314 requested, shall offer the lands or water storage areas, on such
3315 terms as the department may determine, first to other state
3316 agencies and then, if still available, to the county or
3317 municipality in which the lands or water storage areas lie. If
3318 not acquired by another state agency or local governmental body
3319 for beneficial public purposes, the lands or water storage areas
3320 shall then be offered by the board of trustees at public sale,
3321 after first giving notice of such sale by publication in a
3322 newspaper published in the county or counties in which such
3323 lands or water storage areas lie not less than once a week for 3
3324 consecutive weeks. All proceeds from the sale or disposition of
3325 any lands or water storage areas pursuant to this section shall
3326 be deposited into the appropriate trust fund pursuant to s.
3327 253.034(6)(k), (l), or (m) in the Land Acquisition Trust Fund.
3328 Section 50. Section 375.041, Florida Statutes, is amended
3329 to read:
3330 375.041 Land Acquisition Trust Fund.—
3331 (1) There is created a Land Acquisition Trust Fund within
3332 the Department of Environmental Protection. The Land Acquisition
3333 Trust Fund is designated by s. 28, Art. X of the State
3334 Constitution for receipt of certain documentary stamp tax
3335 revenue for the uses prescribed therein to facilitate and
3336 expedite the acquisition of land, water areas, and related
3337 resources required to accomplish the purposes of this act. The
3338 Land Acquisition Trust Fund shall be held and administered by
3339 the department. The Land Acquisition Trust Fund shall continue
3340 for as long as bonds are outstanding pursuant to s. 215.618 or
3341 s. 215.619, or any bonds secured on a parity basis with such
3342 bonds, or until the requirement of s. 28, Art. X of the State
3343 Constitution expires, whichever is later All moneys and revenue
3344 from the operation, management, sale, lease, or other
3345 disposition of land, water areas, related resources, and the
3346 facilities thereon acquired or constructed under this act shall
3347 be deposited in or credited to the Land Acquisition Trust Fund.
3348 Moneys accruing to any agency for the purposes enumerated in
3349 this act may be deposited in this fund. There shall also be
3350 deposited into the Land Acquisition Trust Fund other moneys as
3351 authorized by appropriate act of the Legislature. All moneys so
3352 deposited into the Land Acquisition Trust Fund shall be trust
3353 funds for the uses and purposes herein set forth, within the
3354 meaning of s. 215.32(1)(b); and such moneys shall not become or
3355 be commingled with the General Revenue Fund of the state, as
3356 defined by s. 215.32(1)(a).
3357 (2) All moneys and revenue from the sale or other
3358 disposition of land, water areas, or related resources acquired
3359 on or after July 1, 2015, for the purposes of s. 28, Art. X of
3360 the State Constitution shall be deposited into or credited to
3361 the Land Acquisition Trust Fund, except as otherwise provided
3362 pursuant to s. 253.034(6)(l).
3363 (3) Funds distributed into The moneys on deposit in the
3364 Land Acquisition Trust Fund pursuant to s. 201.15 shall be first
3365 applied to:
3366 (a) First, to pay debt service or to fund debt service
3367 reserve funds, rebate obligations, or other amounts payable with
3368 respect to Florida Forever bonds issued under s. 215.618; and
3369 pay debt service, provide reserves, and pay rebate obligations
3370 and other amounts due with respect to Everglades restoration
3371 bonds issued under s. 215.619;
3372 (b) Then, to pay the debt service on bonds issued before
3373 February 1, 2009, by the South Florida Water Management District
3374 and the St. Johns River Water Management District, which are
3375 secured by revenues provided pursuant to former s. 373.59,
3376 Florida Statutes 2014, or which are necessary to fund debt
3377 service reserve funds, rebate obligations, or other amounts
3378 payable with respect to such bonds. This paragraph expires July
3379 1, 2016; and
3380 (c) Then, to distribute $32 million each fiscal year to the
3381 South Florida Water Management District for the Long-Term Plan
3382 as defined in s. 373.4592(2). This paragraph expires July 1,
3383 2024 pay the rentals due under lease-purchase agreements or to
3384 meet debt service requirements of revenue bonds issued pursuant
3385 to s. 375.051; provided, however, that debt service on Save Our
3386 Coast bonds shall not be paid from moneys transferred to the
3387 Land Acquisition Trust Fund pursuant to s. 259.032(2)(b).
3388 (4)(3)(a) Any remaining moneys in the Land Acquisition
3389 Trust Fund which are not distributed pledged for rentals or debt
3390 service as provided in subsection (3) (2) may be appropriated
3391 expended from time to time for the purposes set forth in s. 28,
3392 Art. X of the State Constitution to acquire land, water areas,
3393 and related resources and to construct, improve, enlarge,
3394 extend, operate, and maintain capital improvements and
3395 facilities in accordance with the plan.
3396 (b) In addition to the uses allowed under paragraph (a),
3397 for the 2014-2015 fiscal year, moneys in the Land Acquisition
3398 Trust Fund may be transferred to support the Total Maximum Daily
3399 Loads Program as provided in the General Appropriations Act.
3400 This paragraph expires July 1, 2015.
3401 (c) For the 2014-2015 fiscal year only, moneys in the Land
3402 Acquisition Trust Fund may be transferred to the Save Our
3403 Everglades Trust Fund to support Everglades restoration projects
3404 included in the final report of the Select Committee on Indian
3405 River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,
3406 and to the Florida Forever Trust Fund for the Florida Forever
3407 program pursuant to nonoperating budget authority under s.
3408 216.181(12). This paragraph expires July 1, 2015.
3409 (4) The department may disburse moneys in the Land
3410 Acquisition Trust Fund to pay all necessary expenses to carry
3411 out the purposes of this act. The department shall disburse
3412 moneys from the Land Acquisition Trust Fund to the Fish and
3413 Wildlife Conservation Commission for the purpose of funding law
3414 enforcement services on state lands.
3415 (5) Moneys accruing to other agencies for the purposes
3416 designated in subsection (1) shall be transferred pursuant to
3417 nonoperating budget authority under s. 216.181(12). Agencies
3418 shall maintain the integrity of such transferred moneys. Any
3419 transferred moneys available from reversions or reductions of
3420 budget authority in the other agencies shall be transferred back
3421 to the Land Acquisition Trust Fund in the Department of
3422 Environmental Protection within 15 days after such reversion or
3423 reduction and must be available for future appropriation
3424 pursuant to s. 28, Art. X of the State Constitution.
3425 (6)(5) When the Legislature has authorized the Department
3426 of Environmental Protection to condemn a specific parcel of land
3427 and such parcel already has been approved for acquisition
3428 through the fund, the land may be acquired in accordance with
3429 the provisions of chapter 73 or chapter 74, and the fund may be
3430 used to pay the condemnation award and all costs, including a
3431 reasonable attorney fees attorney’s fee, associated with
3432 condemnation.
3433 Section 51. Subsection (2) of section 375.044, Florida
3434 Statutes, is amended to read:
3435 375.044 Land Acquisition Trust Fund budget request.—
3436 (2) The legislative budget request shall be submitted to
3437 the Executive Office of the Governor and the Legislature in
3438 conjunction with the provisions of ss. 216.023, 216.031, and
3439 216.043. The 10-year request shall include, but need shall not
3440 be limited to:
3441 (a) A 10-year annual cash-flow analysis of the Land
3442 Acquisition Trust Fund.
3443 (b) The requested schedule of the agency for issuance of
3444 Save Our Coasts bonds.
3445 (b)(c) Forecasts of anticipated revenues to the Land
3446 Acquisition Trust Fund.
3447 (c)(d) The estimate of the agency of Land Acquisition Trust
3448 Fund encumbrances and commitments for each year and the
3449 corresponding estimates of expenditures.
3450 Section 52. Section 375.045, Florida Statutes, is repealed.
3451 Section 53. Subsection (1) and paragraph (c) of subsection
3452 (2) of section 375.075, Florida Statutes, are amended to read:
3453 375.075 Outdoor recreation; financial assistance to local
3454 governments.—
3455 (1) The Department of Environmental Protection is
3456 authorized to establish the Florida Recreation Development
3457 Assistance Program to provide grants, subject to legislative
3458 appropriation, to qualified local governmental entities to
3459 acquire or develop land for public outdoor recreation purposes.
3460 To the extent not needed for debt service on bonds issued
3461 pursuant to s. 375.051, each year the department shall develop
3462 and plan a program which shall be based upon funding of not less
3463 than 5 percent of the money credited to the Land Acquisition
3464 Trust Fund pursuant to s. 201.15(2) and (3) in that year. The
3465 department shall develop and plan a program that must which
3466 shall be based upon the cumulative total funding appropriated by
3467 the Legislature for such purpose provided from this section and
3468 from the Florida Forever Trust Fund pursuant to s.
3469 259.105(3)(d).
3470 (2)
3471 (c) Funds may not be released under No release of funds
3472 from the Land Acquisition Trust Fund, or from the Florida
3473 Forever Trust Fund beginning in fiscal year 2001-2002, for this
3474 program may be made for these public recreation projects until
3475 the projects have been selected through the competitive
3476 selection process provided for in this section.
3477 Section 54. Section 376.11, Florida Statutes, is amended to
3478 read:
3479 376.11 Florida Coastal Protection Trust Fund.—
3480 (1) The purpose of this section is to provide a mechanism
3481 to have financial resources immediately available for prevention
3482 of, and cleanup and rehabilitation after, a pollutant discharge,
3483 to prevent further damage by the pollutant, and to pay for
3484 damages. It is the legislative intent that this section be
3485 liberally construed to effect the purposes set forth, such
3486 interpretation being especially imperative in light of the
3487 danger to the environment and resources.
3488 (2) The Florida Coastal Protection Trust Fund is
3489 established, to be used by the department and the Fish and
3490 Wildlife Conservation Commission as a nonlapsing revolving fund
3491 for carrying out the purposes of ss. 376.011-376.21.
3492 (3) The following funds shall be deposited into the Florida
3493 Coastal Protection Trust Fund: To this fund shall be credited
3494 (a) All registration fees, penalties, judgments, damages
3495 recovered pursuant to s. 376.121, other fees and charges related
3496 to ss. 376.011-376.21, and the excise tax revenues levied,
3497 collected, and credited pursuant to ss. 206.9935(1) and
3498 206.9945(1)(a);
3499 (b) Proceeds of fines and awards of damages pursuant to s.
3500 161.054; and
3501 (c) Funds from other sources otherwise specified by law.
3502 (4) Charges against the fund shall be in accordance with
3503 this section.
3504 (5)(3) Moneys in the fund that are not needed currently to
3505 meet the obligations of the department in the exercise of its
3506 responsibilities under ss. 376.011-376.21 shall be deposited
3507 with the Chief Financial Officer to the credit of the fund and
3508 may be invested in such manner as is provided for by statute.
3509 Interest received on such investment shall be credited to the
3510 fund, except as otherwise specified herein.
3511 (6)(4) Moneys in the Florida Coastal Protection Trust Fund
3512 may shall be used disbursed for the following purposes and no
3513 others:
3514 (a) To carry out the purposes of ss. 376.011-376.21.
3515 (b)(a) To pay administrative expenses, personnel expenses,
3516 and equipment costs of the department and the Fish and Wildlife
3517 Conservation Commission related to the enforcement of ss.
3518 376.011-376.21.
3519 (c)(b) All costs involved in the prevention and abatement
3520 of pollution related to the discharge of pollutants covered by
3521 ss. 376.011-376.21 and the abatement of other potential
3522 pollution hazards as authorized herein.
3523 (d)(c) All costs and expenses of the cleanup, restoration,
3524 and rehabilitation of waterfowl, wildlife, and all other natural
3525 resources damaged by the discharge of pollutants, including the
3526 costs of assessing and recovering damages to natural resources,
3527 whether performed or authorized by the department or any other
3528 state or local agency.
3529 (e)(d) All provable costs and damages which are the
3530 proximate results of the discharge of pollutants covered by ss.
3531 376.011-376.21.
3532 (f)(e) Loans to the Inland Protection Trust Fund created in
3533 s. 376.3071.
3534 (g)(f) The interest earned from investments of the balance
3535 in the Florida Coastal Protection Trust Fund shall be used for
3536 funding the administrative expenses, personnel expenses, and
3537 equipment costs of the department relating to the enforcement of
3538 ss. 376.011-376.21.
3539 (h)(g) The funding of a grant program to local governments,
3540 pursuant to s. 376.15(3)(d) and (e), for the removal of derelict
3541 vessels from the public waters of the state.
3542 (i)(h) The department may spend up to $1 million per year
3543 from the principal of the fund to acquire, design, train, and
3544 maintain emergency cleanup response teams and equipment located
3545 at appropriate ports throughout the state for the purpose of
3546 cleaning oil and other toxic materials from coastal waters. When
3547 the teams and equipment are not needed for these purposes they
3548 may be used for any other valid purpose of the department.
3549 (j)(i) To provide a temporary transfer of funds in an
3550 amount not to exceed $10 million to the Minerals Trust Fund as
3551 set forth in s. 376.40.
3552 (k)(j) Funding for marine law enforcement.
3553 (7)(5) Any interest in lands acquired using moneys in the
3554 Florida Coastal Protection Trust Fund shall be held by the
3555 Trustees of the Internal Improvement Trust Fund, and such lands
3556 shall be acquired pursuant to the procedures set forth in s.
3557 253.025.
3558 (8)(6) The department shall recover to the use of the fund
3559 from the person or persons causing the discharge or from the
3560 Federal Government, jointly and severally, all sums owed or
3561 expended from the fund, pursuant to s. 376.123(10), except that
3562 recoveries resulting from damage due to a discharge of a
3563 pollutant or other similar disaster shall be apportioned between
3564 the Florida Coastal Protection Trust Fund and the General
3565 Revenue Fund so as to repay the full costs to the General
3566 Revenue Fund of any sums disbursed therefrom as a result of such
3567 disaster. Requests for reimbursement to the fund for the above
3568 costs, if not paid within 30 days of demand, shall be turned
3569 over to the Department of Legal Affairs for collection.
3570 Section 55. Subsection (8) of section 376.123, Florida
3571 Statutes, is amended to read:
3572 376.123 Claims against the Florida Coastal Protection Trust
3573 Fund.—
3574 (8) If a person chooses to make a claim against the fund
3575 and accepts payment from, or a judgment against, the fund, then
3576 the department shall be subrogated to any cause of action that
3577 the claimant may have had, to the extent of such payment or
3578 judgment, and shall diligently pursue recovery on that cause of
3579 action pursuant to subsection (10) and s. 376.11(8) s.
3580 376.11(6). In any such action, the amount of damages shall be
3581 proved by the department by submitting to the court a written
3582 report of the amounts paid or owed from the fund to claimants.
3583 Such written report shall be admissible as evidence, and the
3584 amounts paid from or owed by the fund to the claimants stated
3585 therein shall be irrebuttably presumed to be the amount of
3586 damages.
3587 Section 56. Paragraphs (g) through (l) are added to
3588 subsection (1) of section 376.307, Florida Statutes, subsection
3589 (4) of that section is amended, and subsection (8) is added to
3590 that section, to read:
3591 376.307 Water Quality Assurance Trust Fund.—
3592 (1) The Water Quality Assurance Trust Fund is intended to
3593 serve as a broad-based fund for use in responding to incidents
3594 of contamination that pose a serious danger to the quality of
3595 groundwater and surface water resources or otherwise pose a
3596 serious danger to the public health, safety, or welfare. Moneys
3597 in this fund may be used:
3598 (g) For detailed planning for and implementation of
3599 programs for the management and restoration of ecosystems.
3600 (h) For development and implementation of surface water
3601 improvement and management plans and programs under ss. 373.451
3602 373.4595.
3603 (i) For activities to restore polluted areas of the state,
3604 as defined by the department, to their condition before
3605 pollution occurred or to otherwise enhance pollution control
3606 activities.
3607 (j) For activities undertaken by the department to recover
3608 moneys as a result of actions against a person for a violation
3609 of chapter 373.
3610 (k) For funding activities described in s. 403.086(9) which
3611 are authorized for implementation under the Leah Schad Memorial
3612 Ocean Outfall Program.
3613 (l) For funding activities to restore or rehabilitate
3614 injured or destroyed coral reefs.
3615 (4) The trust fund shall be funded as follows:
3616 (a) An annual transfer of interest funds from the Florida
3617 Coastal Protection Trust Fund pursuant to s. 376.11(6)(g) s.
3618 376.11(4)(f).
3619 (b) All excise taxes levied, collected, and credited to the
3620 Water Quality Assurance Trust Fund in accordance with the
3621 provisions of ss. 206.9935(2) and 206.9945(1)(b).
3622 (c) All penalties, judgments, recoveries, reimbursements,
3623 and other fees and charges related to the enforcement of ss.
3624 376.30-376.317, other than penalties, judgments, and other fees
3625 and charges related to the enforcement of ss. 376.3071 and
3626 376.3073.
3627 (d) The fee on the retail sale of lead-acid batteries
3628 credited to the Water Quality Assurance Trust Fund under s.
3629 403.7185.
3630 (e) All penalties, judgments, recoveries, reimbursements,
3631 loans, and other fees and charges collected under s. 376.3078;
3632 tax revenues levied, collected, and credited under ss. 376.70
3633 and 376.75; and registration fees collected under s.
3634 376.303(1)(d).
3635 (f) All civil penalties recovered pursuant to s.
3636 373.129(5)(a).
3637 (g) Funds appropriated by the Legislature for the purposes
3638 of ss. 373.451-373.4595.
3639 (h) Moneys collected pursuant to s. 403.121 and designated
3640 for deposit into the Water Quality Assurance Trust Fund.
3641 (i) Moneys recovered by the state as a result of actions
3642 initiated by the department against a person for a violation of
3643 chapter 373 or chapter 403.
3644 (j) Damages recovered pursuant to s. 403.93345 for coral
3645 reef protection.
3646 (k) Funds available for the Leah Schad Memorial Ocean
3647 Outfall Program pursuant to s. 403.08601.
3648 (l) Funds received by the state for injury to or
3649 destruction of coral reefs, which funds would otherwise be
3650 deposited into the General Revenue Fund or the Internal
3651 Improvement Trust Fund. The department may enter into settlement
3652 agreements that require responsible parties to pay a third party
3653 to fund projects related to the restoration of a coral reef, to
3654 accomplish mitigation for injury to a coral reef, or to support
3655 the activities of law enforcement agencies related to coral reef
3656 injury response, investigation, and assessment. Participation of
3657 a law enforcement agency in the receipt of funds through this
3658 mechanism shall be at the law enforcement agency’s discretion.
3659 (m) Moneys from sources otherwise specified by law.
3660 (8) A settlement entered into by the department may not
3661 limit the Legislature’s authority to appropriate moneys from the
3662 trust fund; however, the department may enter into a settlement
3663 in which the department agrees to request that moneys received
3664 pursuant to the settlement will be included in its legislative
3665 budget request for purposes set out in the settlement; and
3666 further, the department may enter into a settlement in cases
3667 involving joint enforcement with the Hillsborough County
3668 pollution control program, as a program approved by the
3669 department pursuant to s. 403.182, in which the department
3670 agrees that moneys are to be deposited into that local program’s
3671 pollution recovery fund and used for projects directed toward
3672 addressing the environmental damage that was the subject of the
3673 cause of action for which funds were received.
3674 Section 57. Subsection (4) of section 376.40, Florida
3675 Statutes, is amended to read:
3676 376.40 Petroleum exploration and production; purposes;
3677 funding.—
3678 (4) FUNDING.—There shall be deposited in the Minerals Trust
3679 Fund:
3680 (a) All fees charged permittees under ss. 377.24(1),
3681 377.2408(1), and 377.2425(1)(b).
3682 (b) All penalties, judgments, recoveries, reimbursements,
3683 and other fees and charges related to the implementation of this
3684 section.
3685 (c) Any other funds required to be deposited in the trust
3686 fund under provisions of law.
3687
3688 If moneys on deposit in the trust fund are not sufficient to
3689 satisfy the needed remedial or corrective action, and if the
3690 responsible party does not take remedial and corrective action
3691 in a timely manner or if a catastrophic event occurs, a
3692 temporary transfer of the required amount, or a maximum of $10
3693 million, from the Florida Coastal Protection Trust Fund pursuant
3694 to s. 376.11(6)(j) s. 376.11(4)(i) is authorized. The Florida
3695 Coastal Protection Trust Fund shall be reimbursed immediately
3696 upon deposit into the Minerals Trust Fund of moneys referred to
3697 in paragraph (b).
3698 Section 58. Section 379.202, Florida Statutes, is repealed.
3699 Section 59. Subsection (2) of section 379.206, Florida
3700 Statutes, is amended, and subsection (3) is added to that
3701 section to read:
3702 379.206 Grants and Donations Trust Fund.—
3703 (2) The fund is established for use as a depository for
3704 funds to be used for allowable grant and donor agreement
3705 activities funded by restricted contractual revenue. Moneys to
3706 be credited to the trust fund shall consist of grants and
3707 donations from private and public nonfederal sources,
3708 development-of-regional-impact wildlife mitigation
3709 contributions, interest earnings, and cash advances from other
3710 trust funds.
3711 (3) If acquisition pursuant to this section will result in
3712 state ownership of land, title shall be vested in the Board of
3713 Trustees of the Internal Improvement Trust Fund as required in
3714 chapter 253. Land acquisition pursuant to this section shall be
3715 voluntary, negotiated acquisition and, if title is to be vested
3716 in the Board of Trustees of the Internal Improvement Trust Fund,
3717 is subject to the acquisition procedures of s. 253.025.
3718 Section 60. Section 379.212, Florida Statutes, is amended
3719 to read:
3720 379.212 Land Acquisition Trust Fund.—
3721 (1)(a) There is established within the Fish and Wildlife
3722 Conservation Commission the Land Acquisition Trust Fund to
3723 implement s. 28, Art. X of the State Constitution for the
3724 purpose of acquiring, assisting other agencies or local
3725 governments in acquiring, or managing lands important to the
3726 conservation of fish and wildlife.
3727 (b) The Fish and Wildlife Conservation Commission or its
3728 designee shall manage such lands for the primary purpose of
3729 maintaining and enhancing their habitat value for fish and
3730 wildlife. Other uses may be allowed that are not contrary to
3731 this purpose.
3732 (c) Where acquisition pursuant to this section will result
3733 in state ownership of land, title shall be vested in the Board
3734 of Trustees of the Internal Improvement Trust Fund as required
3735 in chapter 253. Land acquisition pursuant to this section shall
3736 be voluntary, negotiated acquisition and, where title is to be
3737 vested in the Board of Trustees of the Internal Improvement
3738 Trust Fund, is subject to the acquisition procedures of s.
3739 253.025.
3740 (d) Acquisition costs shall include purchase prices and
3741 costs and fees associated with title work, surveys, and
3742 appraisals required to complete an acquisition.
3743 (2) The fund may be credited with funds transferred from
3744 the Land Acquisition Trust Fund within the Department of
3745 Environmental Protection as provided in s. 375.041 Moneys which
3746 may be deposited into the Land Acquisition Trust Fund for the
3747 purposes of this section may include, but not be limited to,
3748 donations, grants, development-of-regional-impact wildlife
3749 mitigation contributions, or legislative appropriations.
3750 Preservation 2000 acquisition moneys and Conservation and
3751 Recreation Lands management moneys shall not be deposited into
3752 this fund.
3753 (3) The Fish and Wildlife Conservation Commission shall
3754 maintain the integrity of such moneys transferred from the
3755 Department of Environmental Protection. Any transferred moneys
3756 available from reversions and reductions in budget authority
3757 shall be transferred back to the Land Acquisition Trust Fund in
3758 the Department of Environmental Protection within 15 days after
3759 such reversion or reduction and must be available for future
3760 appropriation pursuant to s. 28, Art. X of the State
3761 Constitution.
3762 Section 61. (1) All undisbursed, unobligated balances and
3763 all certified forward appropriations remaining in the Land
3764 Acquisition Trust Fund within the Fish and Wildlife Conservation
3765 Commission on June 30, 2015, shall be transferred to the Grants
3766 and Donations Trust Fund, FLAIR number 77-2-339, within the Fish
3767 and Wildlife Conservation Commission.
3768 (2) This section shall take effect upon this act becoming a
3769 law or on June 29, 2015, whichever occurs earlier.
3770 Section 62. Subsection (2) of section 379.214, Florida
3771 Statutes, is amended to read:
3772 379.214 Invasive Plant Control Trust Fund.—
3773 (2) Funds to be credited to and uses of the trust fund
3774 shall be administered in accordance with the provisions of ss.
3775 201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
3776 Section 63. Subsection (12) of section 380.0666, Florida
3777 Statutes, is amended to read:
3778 380.0666 Powers of land authority.—The land authority shall
3779 have all the powers necessary or convenient to carry out and
3780 effectuate the purposes and provisions of this act, including
3781 the following powers, which are in addition to all other powers
3782 granted by other provisions of this act:
3783 (12) To identify parcels of land within the area or areas
3784 of critical state concern that would be appropriate acquisitions
3785 by the state from the Conservation and Recreational Lands Trust
3786 Fund and recommend such acquisitions to the advisory council
3787 established pursuant to s. 259.035 or its successor.
3788 Section 64. Section 380.0677, Florida Statutes, is
3789 repealed.
3790 Section 65. Subsection (11) of section 380.507, Florida
3791 Statutes, is amended to read:
3792 380.507 Powers of the trust.—The trust shall have all the
3793 powers necessary or convenient to carry out the purposes and
3794 provisions of this part, including:
3795 (11) To make rules necessary to carry out the purposes of
3796 this part and to exercise any power granted in this part,
3797 pursuant to the provisions of chapter 120. The trust shall adopt
3798 rules governing the acquisition of lands with using proceeds
3799 from the Preservation 2000 Trust Fund and the Florida Forever
3800 Trust Fund, consistent with the intent expressed in the Florida
3801 Forever Act. Such rules for land acquisition must include, but
3802 are not limited to, procedures for appraisals and
3803 confidentiality consistent with ss. 125.355(1)(a) and (b) and
3804 166.045(1)(a) and (b), a method of determining a maximum
3805 purchase price, and procedures to assure that the land is
3806 acquired in a voluntarily negotiated transaction, surveyed,
3807 conveyed with marketable title, and examined for hazardous
3808 materials contamination. Land acquisition procedures of a local
3809 land authority created pursuant to s. 380.0663 or s. 380.0677
3810 may be used for the land acquisition programs described in
3811 former s. by ss. 259.101(3)(c), Florida Statutes 2014, and in s.
3812 259.105 if within areas of critical state concern designated
3813 pursuant to s. 380.05, subject to approval of the trust.
3814 Section 66. Subsection (4) of section 380.508, Florida
3815 Statutes, is amended to read:
3816 380.508 Projects; development, review, and approval.—
3817 (4) Projects or activities which the trust undertakes,
3818 coordinates, or funds in any manner shall comply with the
3819 following guidelines:
3820 (a) The purpose of redevelopment projects shall be to
3821 restore areas which are adversely affected by scattered
3822 ownership, poor lot layout, inadequate park and open space,
3823 incompatible land uses, or other conditions which endanger the
3824 environment or impede orderly development. Grants and loans
3825 awarded for redevelopment projects shall be used for assembling
3826 parcels of land within redevelopment project areas for the
3827 redesign of such areas and for the installation of public
3828 improvements required to serve such areas. After redesign and
3829 installation of public improvements, if any, lands in
3830 redevelopment projects, with the exception of lands acquired for
3831 public purposes, shall be conveyed to any person for development
3832 in accordance with a redevelopment project plan approved
3833 according to this part.
3834 (b) The purpose of resource enhancement projects shall be
3835 to enhance natural resources which, because of indiscriminate
3836 dredging or filling, improper location of improvements, natural
3837 or human-induced events, or incompatible land uses, have
3838 suffered loss of natural and scenic values. Grants and loans
3839 awarded for resource enhancement projects shall be used for the
3840 assembly of parcels of land to improve resource management, for
3841 relocation of improperly located or designed improvements, and
3842 for other corrective measures which will enhance the natural and
3843 scenic character of project areas.
3844 (c) The purpose of public access projects shall be to
3845 acquire interests in and initially develop lands which are
3846 suitable for and which will be used for public accessways to
3847 surface waters. The trust shall identify local governments and
3848 nonprofit organizations which will accept responsibility for
3849 maintenance and liability for public accessways which are
3850 located outside the state park system. The trust may lease any
3851 public access site developed under this part to a local
3852 government or nonprofit organization, provided that the
3853 conditions of the lease guarantee public use of the site. The
3854 trust may accept, from any local government or nonprofit
3855 organization, fees collected for providing public access to
3856 surface waters. The trust shall expend any such funds it accepts
3857 only for acquisition, development, and maintenance of such
3858 public accessways. To the maximum extent possible, the trust
3859 shall expend such fees in the general area where they are
3860 collected or in areas where public access to surface waters is
3861 clearly deficient. The trust may transfer funds, including such
3862 fees, to a local government or nonprofit organization to acquire
3863 public access sites. In developing or coordinating public access
3864 projects, the trust shall ensure that project plans involving
3865 beach access are consistent with state laws governing beach
3866 access.
3867 (d) The purpose of urban waterfront restoration projects
3868 shall be to restore deteriorated or deteriorating urban
3869 waterfronts for public use and enjoyment. Urban waterfront
3870 restoration projects shall include public access sites.
3871 (e) The purpose of working waterfront projects shall be to
3872 restore and preserve working waterfronts as provided in s.
3873 380.5105.
3874 (f) The trust shall cooperate with local governments, state
3875 agencies, federal agencies, and nonprofit organizations in
3876 ensuring the reservation of lands for parks, recreation, fish
3877 and wildlife habitat, historical preservation, or scientific
3878 study. If In the event that any local government, state agency,
3879 federal agency, or nonprofit organization is unable, due to
3880 limited financial resources or other circumstances of a
3881 temporary nature, to acquire a site for the purposes described
3882 in this paragraph, the trust may acquire and hold the site for
3883 subsequent conveyance to the appropriate governmental agency or
3884 nonprofit organization. The trust may provide such technical
3885 assistance as is required to aid local governments, state and
3886 federal agencies, and nonprofit organizations in completing
3887 acquisition and related functions. The trust may shall not
3888 reserve lands acquired in accordance with this paragraph for
3889 more than 5 years from the time of acquisition. A local
3890 government, federal or state agency, or nonprofit organization
3891 may acquire the land at any time during this period for public
3892 purposes. The purchase price shall be based upon the trust’s
3893 cost of acquisition, plus administrative and management costs in
3894 reserving the land. The payment of the this purchase price shall
3895 be by money, trust-approved property of an equivalent value, or
3896 a combination of money and trust-approved property. If, after
3897 the 5-year period, the trust has not sold to a governmental
3898 agency or nonprofit organization land acquired for site
3899 reservation, the trust shall dispose of such land at fair market
3900 value or shall trade it for other land of comparable value which
3901 will serve to accomplish the purposes of this part. Any proceeds
3902 from the sale of such land received by the department shall be
3903 deposited into in the appropriate Florida Communities trust fund
3904 pursuant to s. 253.034(6)(k), (l), or (m).
3905
3906 Project costs may include costs of providing parks, open space,
3907 public access sites, scenic easements, and other areas and
3908 facilities serving the public where such features are part of a
3909 project plan approved according to this part. In undertaking or
3910 coordinating projects or activities authorized by this part, the
3911 trust shall, when appropriate, use and promote the use of
3912 creative land acquisition methods, including the acquisition of
3913 less than fee interest through, among other methods,
3914 conservation easements, transfer of development rights, leases,
3915 and leaseback arrangements. The trust also shall assist local
3916 governments in the use of sound alternative methods of financing
3917 for funding projects and activities authorized under by this
3918 part. Any funds over and above eligible project costs, which
3919 remain after completion of a project approved according to this
3920 part, shall be transmitted to the state and deposited into in
3921 the Florida Forever Florida Communities Trust Fund.
3922 Section 67. Paragraph (f) of subsection (3) and subsections
3923 (5) and (7) of section 380.510, Florida Statutes, are amended to
3924 read:
3925 380.510 Conditions of grants and loans.—
3926 (3) In the case of a grant or loan for land acquisition,
3927 agreements shall provide all of the following:
3928 (f) The term of any grant using funds received from the
3929 Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
3930 shall be for a period not to exceed 24 months. The governing
3931 board of the trust may offer a grant with a shorter term and may
3932 extend a grant beyond 24 months when the grant recipient
3933 demonstrates that significant progress is being made toward
3934 closing the project or that extenuating circumstances warrant an
3935 extension of time. If a local government project which was
3936 awarded a grant is not closed within 24 months and the governing
3937 board of the trust does not grant an extension, the grant
3938 reverts to the trust’s unencumbered balance of Preservation 2000
3939 funds to be redistributed to other eligible projects. The local
3940 government may reapply for a grant to fund the project in the
3941 trust’s next application cycle.
3942
3943 Any deed or other instrument of conveyance whereby a nonprofit
3944 organization or local government acquires real property under
3945 this section shall set forth the interest of the state. The
3946 trust shall keep at least one copy of any such instrument and
3947 shall provide at least one copy to the Board of Trustees of the
3948 Internal Improvement Trust Fund.
3949 (5) Any funds the trust collects from a nonprofit
3950 organization or local government under a grant or loan agreement
3951 shall be deposited into in the Internal Improvement Florida
3952 Communities Trust Fund within the Department of Environmental
3953 Protection.
3954 (7) Any funds received by the trust from the Preservation
3955 2000 Trust Fund pursuant to s. 259.105(3)(c) or s. 375.041 s.
3956 259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.
3957 259.105(3)(c) shall be held separate and apart from any other
3958 funds held by the trust and shall be used for the land
3959 acquisition purposes of this part. In addition to the other
3960 conditions set forth in this section, the disbursement of
3961 Preservation 2000 and Florida Forever funds from the trust shall
3962 be subject to the following conditions:
3963 (a) The administration and use of Florida Forever any funds
3964 are received by the trust from the Preservation 2000 Trust Fund
3965 and the Florida Forever Trust Fund shall be subject to such
3966 terms and conditions imposed thereon by the agency of the state
3967 responsible for the bonds, the proceeds of which are deposited
3968 into in the Preservation 2000 Trust Fund and the Florida Forever
3969 Trust Fund, including restrictions imposed to ensure that the
3970 interest on any such bonds issued by the state as tax-exempt
3971 bonds is will not be included in the gross income of the holders
3972 of such bonds for federal income tax purposes.
3973 (b) All deeds or leases with respect to any real property
3974 acquired with funds received by the trust from the Preservation
3975 2000 Trust Fund, the Florida Forever Trust Fund, or the Land
3976 Acquisition Trust Fund must shall contain such covenants and
3977 restrictions as are sufficient to ensure that the use of such
3978 real property at all times complies with s. 375.051 and s. 9,
3979 Art. XII of the State Constitution. Each deed All deeds or lease
3980 leases with respect to any real property acquired with funds
3981 received by the trust from the Florida Forever Trust Fund before
3982 July 1, 2015, must shall contain such covenants and restrictions
3983 as are sufficient to ensure that the use of such real property
3984 at all times complies with s. 11(e), Art. VII of the State
3985 Constitution. Each deed or lease with respect to any real
3986 property acquired with funds received by the trust from the
3987 Florida Forever Trust Fund after July 1, 2015, must contain
3988 covenants and restrictions sufficient to ensure that the use of
3989 such real property at all times complies with s. 28, Art. X of
3990 the State Constitution. Each deed or lease must shall contain a
3991 reversion, conveyance, or termination clause that vests will
3992 vest title in the Board of Trustees of the Internal Improvement
3993 Trust Fund if any of the covenants or restrictions are violated
3994 by the titleholder or leaseholder or by some third party with
3995 the knowledge of the titleholder or leaseholder.
3996 Section 68. Section 380.511, Florida Statutes, is repealed.
3997 Section 69. Subsection (2) of section 403.0615, Florida
3998 Statutes, is amended to read:
3999 403.0615 Water resources restoration and preservation.—
4000 (2) Subject to specific legislative appropriation, the
4001 department shall establish a program to assist in the
4002 restoration and preservation of bodies of water and to enhance
4003 existing public access when deemed necessary for the enhancement
4004 of the restoration effort. This program shall be funded from the
4005 General Revenue Fund, from funds available from the Ecosystem
4006 Management and Restoration Trust Fund, and from available
4007 federal moneys.
4008 Section 70. Section 403.08601, Florida Statutes, is amended
4009 to read:
4010 403.08601 Leah Schad Memorial Ocean Outfall Program.—The
4011 Legislature declares that as funds become available the state
4012 may assist the local governments and agencies responsible for
4013 implementing the Leah Schad Memorial Ocean Outfall Program
4014 pursuant to s. 403.086(9). Funds received from other sources
4015 provided for in law, the General Appropriations Act, from gifts
4016 designated for implementation of the plan from individuals,
4017 corporations, or other entities, or federal funds appropriated
4018 by Congress for implementation of the plan, may be deposited
4019 into an account of the Water Quality Assurance Ecosystem
4020 Management and Restoration Trust Fund created pursuant to s.
4021 403.1651.
4022 Section 71. Subsection (11) of section 403.121, Florida
4023 Statutes, is amended to read:
4024 403.121 Enforcement; procedure; remedies.—The department
4025 shall have the following judicial and administrative remedies
4026 available to it for violations of this chapter, as specified in
4027 s. 403.161(1).
4028 (11) Penalties collected pursuant to this section shall be
4029 deposited into in the Water Quality Assurance Ecosystem
4030 Management and Restoration Trust Fund or other trust fund
4031 designated by statute and shall be used to fund the restoration
4032 of ecosystems, or polluted areas of the state, as defined by the
4033 department, to their condition before pollution occurred. The
4034 Florida Conflict Resolution Consortium may use a portion of the
4035 fund to administer the mediation process provided in paragraph
4036 (2)(e) and to contract with private mediators for administrative
4037 penalty cases.
4038 Section 72. Section 403.1651, Florida Statutes, is
4039 repealed.
4040 Section 73. Subsection (1) of section 403.885, Florida
4041 Statutes, is amended to read:
4042 403.885 Water Projects Grant Program.—
4043 (1) The Department of Environmental Protection shall
4044 administer a grant program to use funds transferred pursuant to
4045 s. 212.20 to the Ecosystem Management and Restoration Trust Fund
4046 or other moneys as appropriated by the Legislature for water
4047 quality improvement, stormwater management, wastewater
4048 management, and water restoration and other water projects as
4049 specifically appropriated by the Legislature. Eligible
4050 recipients of such grants include counties, municipalities,
4051 water management districts, and special districts that have
4052 legal responsibilities for water quality improvement, water
4053 management, stormwater management, wastewater management, lake
4054 and river water restoration projects, and drinking water
4055 projects pursuant to this section.
4056 Section 74. Section 403.8911, Florida Statutes, is
4057 repealed.
4058 Section 75. Subsection (6) of section 403.9325, Florida
4059 Statutes, is amended to read:
4060 403.9325 Definitions.—For the purposes of ss. 403.9321
4061 403.9333, the term:
4062 (6) “Public lands that have been set aside for conservation
4063 or preservation” means:
4064 (a) Lands and interests acquired with funds deposited into
4065 the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
4066 the State Constitution;
4067 (b)(a) Conservation and recreation lands under chapter 259;
4068 (c)(b) State and national parks;
4069 (d)(c) State and national reserves and preserves, except as
4070 provided in s. 403.9326(3);
4071 (e)(d) State and national wilderness areas;
4072 (f)(e) National wildlife refuges (only those lands under
4073 Federal Government ownership);
4074 (g)(f) Lands acquired under the through the Water
4075 Management Lands Trust Fund, Save Our Rivers Program;
4076 (h)(g) Lands acquired under the Save Our Coast program;
4077 (i)(h) Lands acquired under the environmentally endangered
4078 lands bond program;
4079 (j)(i) Public lands designated as conservation or
4080 preservation under a local government comprehensive plan;
4081 (k)(j) Lands purchased by a water management district, the
4082 Fish and Wildlife Conservation Commission, or any other state
4083 agency for conservation or preservation purposes;
4084 (l)(k) Public lands encumbered by a conservation easement
4085 that does not provide for the trimming of mangroves; and
4086 (m)(l) Public lands designated as critical wildlife areas
4087 by the Fish and Wildlife Conservation Commission.
4088 Section 76. Paragraph (f) of subsection (3) and subsection
4089 (11) of section 403.93345, Florida Statutes, are amended to
4090 read:
4091 403.93345 Coral reef protection.—
4092 (3) As used in this section, the term:
4093 (f) “Fund” means the Water Quality Assurance Ecosystem
4094 Management and Restoration Trust Fund.
4095 (11) All damages recovered by or on behalf of this state
4096 for injury to, or destruction of, the coral reefs of the state
4097 that would otherwise be deposited in the general revenue
4098 accounts of the State Treasury or in the Internal Improvement
4099 Trust Fund shall be deposited into in the Water Quality
4100 Assurance Ecosystem Management and Restoration Trust Fund in the
4101 department and shall remain in such account until expended by
4102 the department for the purposes of this section. Moneys in the
4103 fund received from damages recovered for injury to, or
4104 destruction of, coral reefs must be expended only for the
4105 following purposes:
4106 (a) To provide funds to the department for reasonable costs
4107 incurred in obtaining payment of the damages for injury to, or
4108 destruction of, coral reefs, including administrative costs and
4109 costs of experts and consultants. Such funds may be provided in
4110 advance of recovery of damages.
4111 (b) To pay for restoration or rehabilitation of the injured
4112 or destroyed coral reefs or other natural resources by a state
4113 agency or through a contract to any qualified person.
4114 (c) To pay for alternative projects selected by the
4115 department. Any such project shall be selected on the basis of
4116 its anticipated benefits to the residents of this state who used
4117 the injured or destroyed coral reefs or other natural resources
4118 or will benefit from the alternative project.
4119 (d) All claims for trust fund reimbursements under
4120 paragraph (a) must be made within 90 days after payment of
4121 damages is made to the state.
4122 (e) Each private recipient of fund disbursements shall be
4123 required to agree in advance that its accounts and records of
4124 expenditures of such moneys are subject to audit at any time by
4125 appropriate state officials and to submit a final written report
4126 describing such expenditures within 90 days after the funds have
4127 been expended.
4128 (f) When payments are made to a state agency from the fund
4129 for expenses compensable under this subsection, such
4130 expenditures shall be considered as being for extraordinary
4131 expenses, and no agency appropriation shall be reduced by any
4132 amount as a result of such reimbursement.
4133 Section 77. Subsections (5) and (6) of section 420.5092,
4134 Florida Statutes, are amended to read:
4135 420.5092 Florida Affordable Housing Guarantee Program.—
4136 (5) Pursuant to s. 16, Art. VII of the State Constitution,
4137 the corporation may issue, in accordance with s. 420.509,
4138 revenue bonds of the corporation to establish the guarantee
4139 fund. The Such revenue bonds are shall be primarily payable from
4140 and secured by annual debt service reserves, from interest
4141 earned on funds on deposit in the guarantee fund, from fees,
4142 charges, and reimbursements established by the corporation for
4143 the issuance of affordable housing guarantees, and from any
4144 other revenue sources received by the corporation and deposited
4145 by the corporation into the guarantee fund for the issuance of
4146 affordable housing guarantees. If To the extent such primary
4147 revenue sources are considered insufficient by the corporation,
4148 pursuant to the certification provided in subsection (6), to
4149 fully fund the annual debt service reserve, the certified
4150 deficiency in such reserve is also shall be additionally payable
4151 from the first proceeds of the documentary stamp tax moneys
4152 deposited into the State Housing Trust Fund pursuant to s.
4153 201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
4154 ensuing state fiscal year.
4155 (6)(a) If the primary revenue sources to be used for
4156 repayment of revenue bonds used to establish the guarantee fund
4157 are insufficient for such repayment, the annual principal and
4158 interest due on each series of revenue bonds are shall be
4159 payable from funds in the annual debt service reserve. The
4160 corporation shall, before June 1 of each year, perform a
4161 financial audit to determine whether at the end of the state
4162 fiscal year there will be on deposit in the guarantee fund an
4163 annual debt service reserve from interest earned pursuant to the
4164 investment of the guarantee fund, fees, charges, and
4165 reimbursements received from issued affordable housing
4166 guarantees and other revenue sources available to the
4167 corporation. Based upon the findings in such guarantee fund
4168 financial audit, the corporation shall certify to the Chief
4169 Financial Officer the amount of any projected deficiency in the
4170 annual debt service reserve for any series of outstanding bonds
4171 as of the end of the state fiscal year and the amount necessary
4172 to maintain such annual debt service reserve. Upon receipt of
4173 such certification, the Chief Financial Officer shall transfer
4174 to the annual debt service reserve, from the first available
4175 taxes distributed to the State Housing Trust Fund pursuant to s.
4176 201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
4177 ensuing state fiscal year, the amount certified as necessary to
4178 maintain the annual debt service reserve.
4179 (b) If the claims payment obligations under affordable
4180 housing guarantees from amounts on deposit in the guarantee fund
4181 would cause the claims paying rating assigned to the guarantee
4182 fund to be less than the third-highest rating classification of
4183 any nationally recognized rating service, which classifications
4184 being consistent with s. 215.84(3) and rules adopted thereto by
4185 the State Board of Administration, the corporation shall certify
4186 to the Chief Financial Officer the amount of such claims payment
4187 obligations. Upon receipt of such certification, the Chief
4188 Financial Officer shall transfer to the guarantee fund, from the
4189 first available taxes distributed to the State Housing Trust
4190 Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
4191 (10)(a) during the ensuing state fiscal year, the amount
4192 certified as necessary to meet such obligations, such transfer
4193 to be subordinate to any transfer referenced in paragraph (a)
4194 and not to exceed 50 percent of the amounts distributed to the
4195 State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
4196 201.15(9)(a) and (10)(a) during the preceding state fiscal year.
4197 Section 78. Subsections (1), (2), and (3) of section
4198 420.9073, Florida Statutes, are amended to read:
4199 420.9073 Local housing distributions.—
4200 (1) Distributions calculated in this section shall be
4201 disbursed on a quarterly or more frequent basis by the
4202 corporation pursuant to s. 420.9072, subject to availability of
4203 funds. Each county’s share of the funds to be distributed from
4204 the portion of the funds in the Local Government Housing Trust
4205 Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
4206 calculated by the corporation for each fiscal year as follows:
4207 (a) Each county other than a county that has implemented
4208 the provisions of chapter 83-220, Laws of Florida, as amended by
4209 chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
4210 receive the guaranteed amount for each fiscal year.
4211 (b) Each county other than a county that has implemented
4212 the provisions of chapter 83-220, Laws of Florida, as amended by
4213 chapters 84-270, 86-152, and 89-252, Laws of Florida, may
4214 receive an additional share calculated as follows:
4215 1. Multiply each county’s percentage of the total state
4216 population excluding the population of any county that has
4217 implemented the provisions of chapter 83-220, Laws of Florida,
4218 as amended by chapters 84-270, 86-152, and 89-252, Laws of
4219 Florida, by the total funds to be distributed.
4220 2. If the result in subparagraph 1. is less than the
4221 guaranteed amount as determined in subsection (3), that county’s
4222 additional share shall be zero.
4223 3. For each county in which the result in subparagraph 1.
4224 is greater than the guaranteed amount as determined in
4225 subsection (3), the amount calculated in subparagraph 1. shall
4226 be reduced by the guaranteed amount. The result for each such
4227 county shall be expressed as a percentage of the amounts so
4228 determined for all counties. Each such county shall receive an
4229 additional share equal to such percentage multiplied by the
4230 total funds received by the Local Government Housing Trust Fund
4231 pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
4232 guaranteed amount paid to all counties.
4233 (2) Distributions calculated in this section shall be
4234 disbursed on a quarterly or more frequent basis by the
4235 corporation pursuant to s. 420.9072, subject to availability of
4236 funds. Each county’s share of the funds to be distributed from
4237 the portion of the funds in the Local Government Housing Trust
4238 Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
4239 calculated by the corporation for each fiscal year as follows:
4240 (a) Each county shall receive the guaranteed amount for
4241 each fiscal year.
4242 (b) Each county may receive an additional share calculated
4243 as follows:
4244 1. Multiply each county’s percentage of the total state
4245 population, by the total funds to be distributed.
4246 2. If the result in subparagraph 1. is less than the
4247 guaranteed amount as determined in subsection (3), that county’s
4248 additional share shall be zero.
4249 3. For each county in which the result in subparagraph 1.
4250 is greater than the guaranteed amount, the amount calculated in
4251 subparagraph 1. shall be reduced by the guaranteed amount. The
4252 result for each such county shall be expressed as a percentage
4253 of the amounts so determined for all counties. Each such county
4254 shall receive an additional share equal to this percentage
4255 multiplied by the total funds received by the Local Government
4256 Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
4257 reduced by the guaranteed amount paid to all counties.
4258 (3) Calculation of guaranteed amounts:
4259 (a) The guaranteed amount under subsection (1) shall be
4260 calculated for each state fiscal year by multiplying $350,000 by
4261 a fraction, the numerator of which is the amount of funds
4262 distributed to the Local Government Housing Trust Fund pursuant
4263 to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
4264 the total amount of funds distributed to the Local Government
4265 Housing Trust Fund pursuant to s. 201.15.
4266 (b) The guaranteed amount under subsection (2) shall be
4267 calculated for each state fiscal year by multiplying $350,000 by
4268 a fraction, the numerator of which is the amount of funds
4269 distributed to the Local Government Housing Trust Fund pursuant
4270 to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
4271 the total amount of funds distributed to the Local Government
4272 Housing Trust Fund pursuant to s. 201.15.
4273 Section 79. Section 570.207, Florida Statutes, is repealed.
4274 Section 80. Subsection (2) of section 570.321, Florida
4275 Statutes, is amended to read:
4276 570.321 Plant Industry Trust Fund.—
4277 (2) Funds to be credited to and uses of the trust fund
4278 shall be administered in accordance with ss. 259.032, 581.031,
4279 581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
4280 593.117.
4281 Section 81. Subsection (12) of section 570.71, Florida
4282 Statutes, is amended to read:
4283 570.71 Conservation easements and agreements.—
4284 (12) The department may use appropriated funds from the
4285 following sources to implement this section:
4286 (a) State funds;
4287 (b) Federal funds;
4288 (c) Other governmental entities;
4289 (d) Nongovernmental organizations; or
4290 (e) Private individuals.
4291
4292 Any such funds provided, other than from the Land Acquisition
4293 Trust Fund, shall be deposited into the Incidental Conservation
4294 and Recreation Lands Program Trust Fund within the Department of
4295 Agriculture and Consumer Services and used for the purposes of
4296 this section, including administrative and operating expenses
4297 related to appraisals, mapping, title process, personnel, and
4298 other real estate expenses.
4299 Section 82. Paragraph (c) of subsection (1) of section
4300 895.09, Florida Statutes, is amended to read:
4301 895.09 Disposition of funds obtained through forfeiture
4302 proceedings.—
4303 (1) A court entering a judgment of forfeiture in a
4304 proceeding brought pursuant to s. 895.05 shall retain
4305 jurisdiction to direct the distribution of any cash or of any
4306 cash proceeds realized from the forfeiture and disposition of
4307 the property. The court shall direct the distribution of the
4308 funds in the following order of priority:
4309 (c) Any claim by the Board of Trustees of the Internal
4310 Improvement Trust Fund on behalf of the Internal Improvement
4311 Trust Fund or the Land Acquisition trust fund used pursuant to
4312 s. 253.03(12), not including administrative costs of the
4313 Department of Environmental Protection previously paid directly
4314 from the Internal Improvement Trust Fund in accordance with
4315 legislative appropriation.
4316 Section 83. For the purpose of incorporating the amendment
4317 made by this act to section 201.15, Florida Statutes, in a
4318 reference thereto, subsection (6) of section 339.2818, Florida
4319 Statutes, is reenacted to read:
4320 339.2818 Small County Outreach Program.—
4321 (6) Funds paid into the State Transportation Trust Fund
4322 pursuant to s. 201.15 for the purposes of the Small County
4323 Outreach Program are hereby annually appropriated for
4324 expenditure to support the Small County Outreach Program.
4325 Section 84. For the purpose of incorporating the amendment
4326 made by this act to section 201.15, Florida Statutes, in a
4327 reference thereto, subsection (5) of section 339.2819, Florida
4328 Statutes, is reenacted to read:
4329 339.2819 Transportation Regional Incentive Program.—
4330 (5) Funds paid into the State Transportation Trust Fund
4331 pursuant to s. 201.15 for the purposes of the Transportation
4332 Regional Incentive Program are hereby annually appropriated for
4333 expenditure to support that program.
4334 Section 85. For the purpose of incorporating the amendment
4335 made by this act to section 201.15, Florida Statutes, in a
4336 reference thereto, subsection (3) of section 339.61, Florida
4337 Statutes, is reenacted to read:
4338 339.61 Florida Strategic Intermodal System; legislative
4339 findings, declaration, and intent.—
4340 (3) Funds paid into the State Transportation Trust Fund
4341 pursuant to s. 201.15 for the purposes of the Florida Strategic
4342 Intermodal System are hereby annually appropriated for
4343 expenditure to support that program.
4344 Section 86. For the purpose of incorporating the amendment
4345 made by this act to section 201.15, Florida Statutes, in a
4346 reference thereto, subsection (6) of section 341.051, Florida
4347 Statutes, is reenacted to read:
4348 341.051 Administration and financing of public transit and
4349 intercity bus service programs and projects.—
4350 (6) ANNUAL APPROPRIATION.—Funds paid into the State
4351 Transportation Trust Fund pursuant to s. 201.15 for the New
4352 Starts Transit Program are hereby annually appropriated for
4353 expenditure to support the New Starts Transit Program.
4354
4355 For purposes of this section, the term “net operating costs”
4356 means all operating costs of a project less any federal funds,
4357 fares, or other sources of income to the project.
4358 Section 87. For the purpose of incorporating the amendment
4359 made by this act to section 201.15, Florida Statutes, in a
4360 reference thereto, subsection (1) of section 420.9079, Florida
4361 Statutes, is reenacted to read:
4362 420.9079 Local Government Housing Trust Fund.—
4363 (1) There is created in the State Treasury the Local
4364 Government Housing Trust Fund, which shall be administered by
4365 the corporation on behalf of the department according to the
4366 provisions of ss. 420.907-420.9076 and this section. There shall
4367 be deposited into the fund a portion of the documentary stamp
4368 tax revenues as provided in s. 201.15, moneys received from any
4369 other source for the purposes of ss. 420.907-420.9076 and this
4370 section, and all proceeds derived from the investment of such
4371 moneys. Moneys in the fund that are not currently needed for the
4372 purposes of the programs administered pursuant to ss. 420.907
4373 420.9076 and this section shall be deposited to the credit of
4374 the fund and may be invested as provided by law. The interest
4375 received on any such investment shall be credited to the fund.
4376 Section 88. For the purpose of incorporating the amendment
4377 made by this act to section 376.307, Florida Statutes, in a
4378 reference thereto, subsection (2) of section 287.0595, Florida
4379 Statutes, is reenacted to read:
4380 287.0595 Pollution response action contracts; department
4381 rules.—
4382 (2) In adopting rules under this section, the Department of
4383 Environmental Protection shall follow the criteria applicable to
4384 the department’s contracting to the maximum extent possible,
4385 consistent with the goals and purposes of ss. 376.307 and
4386 376.3071.
4387 Section 89. If any law amended by this act was also amended
4388 by a law enacted during the 2015 Regular Session of the
4389 Legislature, such law shall be construed as if enacted during
4390 the same session of the Legislature, and full effect shall be
4391 given to each if possible.
4392 Section 90. Except as otherwise expressly provided in this
4393 act and except for this section, which shall take effect upon
4394 this act becoming a law, this act shall take effect July 1,
4395 2015, except that if an earlier effective date is specified
4396 herein for any section, that section shall operate retroactively
4397 to that date. If this act fails to become a law until after July
4398 1, 2015, it shall take effect upon becoming a law and operate
4399 retroactively to July 1, 2015, except that if an earlier
4400 effective date is specified herein for any section, that section
4401 shall take effect upon becoming a law and operate retroactively
4402 to that date.
4403
4404 ================= T I T L E A M E N D M E N T ================
4405 And the title is amended as follows:
4406 Delete everything before the enacting clause
4407 and insert:
4408 A bill to be entitled
4409 An act relating to the implementation of the water and
4410 land conservation constitutional amendment;
4411 terminating certain trust funds within the Department
4412 of Environmental Protection, the Department of
4413 Agriculture and Consumer Services, and the Fish and
4414 Wildlife Conservation Commission; providing for the
4415 disposition of balances in those trust funds;
4416 requiring all outstanding debts or obligations of the
4417 terminated trust funds to be paid as required;
4418 requiring the Chief Financial Officer to close out and
4419 remove the terminated trust funds from the various
4420 state accounting systems; amending s. 17.61, F.S.;
4421 requiring moneys in any land acquisition trust fund
4422 created or designated to receive funds under s. 28,
4423 Article X of the State Constitution to be retained in
4424 those trust funds; repealing s. 161.05301, F.S.,
4425 relating to beach erosion control project staffing;
4426 amending s. 161.054, F.S.; redirecting certain
4427 proceeds from the Ecosystem Management and Restoration
4428 Trust Fund to the Florida Coastal Protection Trust
4429 Fund; amending s. 161.091, F.S.; authorizing
4430 disbursements from the Land Acquisition Trust Fund for
4431 beach management; amending s. 201.0205, F.S.;
4432 conforming provisions to changes made by the act;
4433 amending s. 201.15, F.S.; revising and deleting
4434 distributions of the documentary stamp tax; providing
4435 that specified distributions to the Land Acquisition
4436 Trust Fund are not subject to the service charge under
4437 s. 215.20, F.S.; revising the purposes for which
4438 distributions may be used; amending s. 211.3103, F.S.;
4439 authorizing a percentage of proceeds from the
4440 phosphate rock excise tax to be credited to the State
4441 Park Trust Fund rather than the Conservation and
4442 Recreation Lands Trust Fund; revising dates and
4443 distributions of moneys to fund specific programs and
4444 activities; amending s. 215.20, F.S.; conforming
4445 provisions to changes made by the act; amending s.
4446 215.618, F.S.; authorizing Florida Forever bonds to be
4447 issued to finance or refinance the acquisition and
4448 improvement of land, water areas, and related property
4449 interests; limiting the percentage of documentary
4450 stamp taxes collected that may be taken into account
4451 for the purpose of satisfying an additional bonds test
4452 set forth in certain bonds; amending s. 215.619, F.S.;
4453 limiting the percentage of documentary stamp taxes
4454 collected that may be taken into account for the
4455 purpose of satisfying an additional bonds test set
4456 forth in certain bonds; amending ss. 253.027 and
4457 253.03, F.S.; conforming provisions to changes made by
4458 the act; amending s. 253.034, F.S.; requiring proceeds
4459 from the sale of surplus conservation lands purchased
4460 before a certain date to be deposited into the Florida
4461 Forever Trust Fund and after such date under certain
4462 circumstances into the Land Acquisition Trust Fund;
4463 limiting the amount of funds that may be expended from
4464 the Land Acquisition Trust Fund for funding certain
4465 contractual arrangements; amending s. 253.7824, F.S.;
4466 conforming provisions to changes made by the act;
4467 amending s. 258.015, F.S.; conforming a cross
4468 reference; amending s. 258.435, F.S.; requiring moneys
4469 received by the Department of Environmental Protection
4470 relating to aquatic preserves to be deposited into
4471 certain trust funds; amending s. 259.032, F.S.;
4472 conforming provisions affected by the termination of
4473 the Conservation and Recreation Lands Trust Fund;
4474 authorizing state agencies designated to manage lands
4475 acquired with funds deposited into the Land
4476 Acquisition Trust Fund to contract with local
4477 governments and soil and water conservation districts
4478 to assist in management activities; amending s.
4479 259.035, F.S.; requiring the Acquisition and
4480 Restoration Council to develop rules defining specific
4481 criteria and numeric performance measures needed for
4482 lands acquired under the Florida Forever Program with
4483 funds deposited into the Land Acquisition Trust Fund
4484 pursuant to s. 28(a), Article X of the State
4485 Constitution; requiring the proposed rules to be
4486 submitted to the Legislature for consideration;
4487 requiring recipients of funds from the Land
4488 Acquisition Trust Fund to annually report to the
4489 Division of State Lands; requiring the council to
4490 consider and evaluate in writing each project proposed
4491 for acquisition using such funds and ensure that each
4492 proposed project meets the requirements of s. 28,
4493 Article X of the State Constitution; amending ss.
4494 259.036, 259.037, 259.04, and 259.041, F.S.;
4495 conforming cross-references; amending s. 259.101,
4496 F.S.; conforming provisions affected by the
4497 termination of the Preservation 2000 Trust Fund;
4498 requiring agencies and water management districts that
4499 acquired lands using Preservation 2000 funds to make
4500 such lands available for public recreational use under
4501 certain circumstances; requiring water management
4502 districts and the department to control the growth of
4503 nonnative invasive plant species on such lands;
4504 amending s. 259.105, F.S.; deleting obsolete
4505 provisions; conforming cross-references; limiting the
4506 amount of funds that may be expended from the Land
4507 Acquisition Trust Fund for funding certain contractual
4508 arrangements; amending ss. 259.1051, 339.0801, 339.55,
4509 341.303, 343.58, 369.252, 373.026, and 373.089, F.S.;
4510 conforming cross-references; conforming provisions to
4511 changes made by the act; amending s. 373.129, F.S.;
4512 requiring certain civil penalties to be retained by
4513 the water management districts or deposited into the
4514 Water Quality Assurance Trust Fund; amending ss.
4515 373.1391 and 373.199, F.S.; conforming provisions to
4516 changes made by the act; amending s. 373.430, F.S.;
4517 requiring certain moneys to be deposited into the
4518 Water Quality Assurance Trust Fund rather than the
4519 Ecosystem Management and Restoration Trust Fund;
4520 amending ss. 373.459, 373.4592, 373.45926, 373.470,
4521 373.472, and 373.584, F.S.; conforming provisions to
4522 changes made by the act; amending s. 373.59, F.S.;
4523 conforming provisions affected by the termination of
4524 the Water Management Lands Trust Fund; amending s.
4525 373.5905, F.S.; conforming a cross-reference; amending
4526 ss. 373.703 and 375.031, F.S.; conforming provisions
4527 to changes made by the act; amending s. 375.041, F.S.;
4528 designating the Land Acquisition Trust Fund within the
4529 Department of Environmental Protection for receipt of
4530 certain documentary stamp tax revenues for the
4531 prescribed uses of s. 28, Article X of the State
4532 Constitution; providing for the continuation of the
4533 trust fund until a certain time; requiring certain
4534 moneys and revenues to be deposited into the Land
4535 Acquisition Trust Fund; providing priority for the use
4536 of moneys in the trust fund; requiring agencies
4537 receiving transfers of moneys from the fund to
4538 maintain the integrity of such funds; amending s.
4539 375.044, F.S.; conforming provisions to changes made
4540 by the act; repealing s. 375.045, F.S., relating to
4541 the Florida Preservation 2000 Trust Fund; amending s.
4542 375.075, F.S.; conforming provisions to changes made
4543 by the act; amending s. 376.11, F.S.; revising the
4544 funds required to be deposited into the Florida
4545 Coastal Protection Trust Fund and the purposes for
4546 which such funds may be used; amending s. 376.123,
4547 F.S.; conforming a cross-reference; amending s.
4548 376.307, F.S.; revising the funds required to be
4549 deposited into the Water Quality Assurance Trust Fund
4550 and the purposes for which such funds may be used;
4551 authorizing the department to enter into certain
4552 settlements; amending s. 376.40, F.S.; conforming a
4553 cross-reference; repealing s. 379.202, F.S., relating
4554 to the Conservation and Recreation Lands Program Trust
4555 Fund of the Fish and Wildlife Conservation Commission;
4556 amending s. 379.206, F.S.; requiring grants and
4557 donations from development-of-regional-impact wildlife
4558 mitigation contributions to be credited to the Grants
4559 and Donations Trust Fund; requiring that title to
4560 certain lands be vested in the Board of Trustees of
4561 the Internal Improvement Trust Fund; providing that
4562 certain land acquisitions are subject to certain
4563 procedures; amending s. 379.212, F.S.; providing that
4564 the Land Acquisition Trust Fund within the Fish and
4565 Wildlife Conservation Commission must be used to
4566 implement s. 28, Article X of the State Constitution;
4567 authorizing the department to transfer certain funds;
4568 requiring the commission to maintain the integrity of
4569 such funds; providing for the transfer of certain
4570 funds; amending s. 379.214, F.S.; conforming a cross
4571 reference; amending s. 380.0666, F.S.; conforming
4572 provisions to changes made by the act; repealing s.
4573 380.0677, F.S., relating to the Green Swamp Land
4574 Authority; amending s. 380.507, F.S.; conforming
4575 provisions to changes made by the act; amending s.
4576 380.508, F.S.; requiring certain funds over and above
4577 eligible project costs to be deposited into the
4578 Florida Forever Trust Fund rather than the Florida
4579 Communities Trust Fund; amending s. 380.510, F.S.;
4580 requiring certain funds collected under a grant or
4581 loan agreement to be deposited into the Internal
4582 Improvement Trust Fund rather than the Florida
4583 Communities Trust Fund; requiring the deed or lease of
4584 any real property acquired with certain funds to
4585 contain covenants and restrictions sufficient to
4586 ensure that the use of such real property complies
4587 with s. 28, Article X of the State Constitution;
4588 conforming provisions to changes made by the act;
4589 repealing s. 380.511, F.S., relating to the Florida
4590 Communities Trust Fund; amending s. 403.0615, F.S.;
4591 conforming provisions to changes made by the act;
4592 amending ss. 403.08601 and 403.121, F.S.; requiring
4593 certain funds to be deposited into the Water Quality
4594 Assurance Trust Fund rather than the Ecosystem
4595 Management and Restoration Trust Fund; repealing s.
4596 403.1651, F.S., relating to the Ecosystem Management
4597 and Restoration Trust Fund; amending s. 403.885, F.S.;
4598 conforming provisions to changes made by the act;
4599 repealing s. 403.8911, F.S., relating to the annual
4600 appropriation from the Water Protection and
4601 Sustainability Program Trust Fund; amending s.
4602 403.9325, F.S.; revising and redefining the term
4603 “public lands set aside for conservation or
4604 preservation” to include lands and interests acquired
4605 with funds deposited into the Land Acquisition Trust
4606 Fund; amending s. 403.93345, F.S.; redefining the term
4607 “fund” to mean the Water Quality Assurance Trust Fund;
4608 requiring certain funds to be deposited into the Water
4609 Quality Assurance Trust Fund rather than the Ecosystem
4610 Management and Restoration Trust Fund; amending ss.
4611 420.5092 and 420.9073, F.S.; conforming provisions to
4612 changes made by the act; repealing s. 570.207, F.S.,
4613 relating to the Conservation and Recreation Lands
4614 Program Trust Fund of the Department of Agriculture
4615 and Consumer Services; amending s. 570.321, F.S.;
4616 conforming a cross-reference; amending s. 570.71,
4617 F.S.; excluding funds from the Land Acquisition Trust
4618 Fund from a requirement that funds be deposited into
4619 the Incidental Trust Fund under certain circumstances;
4620 amending s. 895.09, F.S.; conforming provisions to
4621 changes made by the act; reenacting s. 339.2818(6),
4622 F.S., relating to the Small County Outreach Program,
4623 s. 339.2819(5), F.S., relating to the Transportation
4624 Regional Incentive Program, s. 339.61(3), F.S.,
4625 relating to the Florida Strategic Intermodal System,
4626 s. 341.051(6), F.S., relating to the New Starts
4627 Transit Program, and s. 420.9079(1), F.S., relating to
4628 the Local Government Housing Trust Fund, to
4629 incorporate the amendment made by this act to s.
4630 201.15, F.S., in references thereto; reenacting s.
4631 287.0595(2), F.S., relating to Department of
4632 Environmental Protection’s authority to adopt certain
4633 pollution response rules, to incorporate the amendment
4634 made by this act to s. 376.307, F.S., in a reference
4635 thereto; providing for construction of the act in pari
4636 materia with laws enacted during the 2015 Regular
4637 Session of the Legislature; providing for contingent
4638 retroactive operation; providing effective dates.