ENROLLED
       2013 Legislature                           SB 212, 1st Engrossed
       
       
       
       
       
       
                                                              2013212er
    1  
    2         An act relating to trust funds; amending s. 379.207,
    3         F.S.; deleting a restriction on an expenditure from
    4         the Lifetime Fish and Wildlife Trust Fund; amending s.
    5         379.212, F.S.; renaming the Fish and Wildlife Habitat
    6         Program as the Land Acquisition Trust Fund; creating
    7         s. 379.213, F.S.; providing for the administration and
    8         funding of the Save the Manatee Trust Fund; creating
    9         s. 379.214, F.S.; providing for the administration and
   10         funding of the Invasive Plant Control Trust Fund;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (3) of section
   16  379.207, Florida Statutes, is amended, and paragraphs (e) and
   17  (f) of that subsection are redesignated as paragraphs (d) and
   18  (e), respectively, to read:
   19         379.207 Lifetime Fish and Wildlife Trust Fund.—
   20         (3) The fund is declared to constitute a special trust
   21  derived from a contractual relationship between the state and
   22  the members of the public whose investments contribute to the
   23  fund. In recognition of such special trust, the following
   24  limitations and restrictions are placed on expenditures from the
   25  funds:
   26         (d) No expenditures or disbursements from the interest
   27  income derived from the sale of lifetime licenses shall be made
   28  for any purpose until the respective holders of such licenses
   29  attain the age of 16 years. The Fish and Wildlife Conservation
   30  Commission as administrator of the fund shall determine
   31  actuarially on an annual basis the amounts of interest income
   32  within the fund which may be disbursed pursuant to this
   33  paragraph. The director shall cause deposits of proceeds from
   34  the sale of lifetime licenses to be identifiable by the ages of
   35  the license recipients.
   36         Section 2. Section 379.212, Florida Statutes, is amended to
   37  read:
   38         379.212 Land Acquisition Trust Fund Fish and Wildlife
   39  Habitat Program.—
   40         (1)(a) There is established within the Fish and Wildlife
   41  Conservation Commission the Land Acquisition Trust Fund Fish and
   42  Wildlife Habitat Program for the purpose of acquiring, assisting
   43  other agencies or local governments in acquiring, or managing
   44  lands important to the conservation of fish and wildlife.
   45         (b) The Fish and Wildlife Conservation Commission or its
   46  designee shall manage such lands for the primary purpose of
   47  maintaining and enhancing their habitat value for fish and
   48  wildlife. Other uses may be allowed that are not contrary to
   49  this purpose.
   50         (c) Where acquisition pursuant to this section will result
   51  in state ownership of land, title shall be vested in the Board
   52  of Trustees of the Internal Improvement Trust Fund as required
   53  in chapter 253. Land acquisition pursuant to this section shall
   54  be voluntary, negotiated acquisition and, where title is to be
   55  vested in the Board of Trustees of the Internal Improvement
   56  Trust Fund, is subject to the acquisition procedures of s.
   57  253.025.
   58         (d) Acquisition costs shall include purchase prices and
   59  costs and fees associated with title work, surveys, and
   60  appraisals required to complete an acquisition.
   61         (2) Moneys which may be deposited into the Land Acquisition
   62  Trust Fund for the purposes of this section may include, but not
   63  be limited to, donations, grants, development-of-regional-impact
   64  wildlife mitigation contributions, or legislative
   65  appropriations. Preservation 2000 acquisition moneys and
   66  Conservation and Recreation Lands management moneys shall not be
   67  deposited into this fund.
   68         Section 3. Section 379.213, Florida Statutes, is created to
   69  read:
   70         379.213 Save the Manatee Trust Fund.—
   71         (1) The Save the Manatee Trust Fund shall be administered
   72  by the Fish and Wildlife Conservation Commission.
   73         (2) Funds to be credited to and uses of the trust fund
   74  shall be administered in accordance with the provisions of ss.
   75  320.08058, 328.66, 328.72, 328.74, 328.76, and 379.2431. The
   76  Fish and Wildlife Conservation Commission may receive donations
   77  for deposit into the Save the Manatee Trust Fund.
   78         (3) Notwithstanding the provisions of s. 216.301 and
   79  pursuant to s. 216.351, any balance in the trust fund at the end
   80  of any fiscal year shall remain in the trust fund at the end of
   81  the year and shall be available for carrying out the purposes of
   82  the trust fund.
   83         Section 4. Section 379.214, Florida Statutes, is created to
   84  read:
   85         379.214 Invasive Plant Control Trust Fund.—
   86         (1) The Invasive Plant Control Trust Fund shall be
   87  administered by the Fish and Wildlife Conservation Commission.
   88         (2) Funds to be credited to and uses of the trust fund
   89  shall be administered in accordance with the provisions of ss.
   90  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
   91         (3) Notwithstanding the provisions of s. 216.301 and
   92  pursuant to s. 216.351, any balance in the trust fund at the end
   93  of any fiscal year shall remain in the trust fund at the end of
   94  the year and shall be available for carrying out the purposes of
   95  the trust fund.
   96         Section 5. This act shall take effect July 1, 2013.