Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 584
       
       
       
       
       
                               Ì631392)Î631392                          
       
       576-02162-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the implementation of the water and
    3         land conservation constitutional amendment;
    4         terminating certain trust funds within the Department
    5         of Environmental Protection, the Department of
    6         Agriculture and Consumer Services, and the Fish and
    7         Wildlife Conservation Commission; providing for the
    8         disposition of balances in the trust funds; requiring
    9         the Department of Environmental Protection to pay all
   10         outstanding debts or obligations of the terminated
   11         trust funds; requiring the Chief Financial Officer to
   12         close out and remove the terminated trust funds from
   13         the various state accounting systems; amending s.
   14         17.61, F.S.; requiring moneys in land acquisition
   15         trust funds created or designated to receive funds
   16         under s. 28, Art. X of the State Constitution to be
   17         retained in those trust funds; repealing s. 161.05301,
   18         F.S., relating to beach erosion control project
   19         staffing; amending s. 161.054, F.S.; redirecting
   20         certain proceeds from the Ecosystem Management and
   21         Restoration Trust Fund to the Florida Coastal
   22         Protection Trust Fund; amending s. 161.091, F.S.;
   23         authorizing disbursements from the Land Acquisition
   24         Trust Fund for the beach management plan; amending s.
   25         211.3103, F.S.; authorizing a percentage of proceeds
   26         from the phosphate rock excise tax to be credited to
   27         the State Park Trust Fund; amending s. 215.20, F.S.;
   28         conforming provisions to changes made by the act;
   29         amending s. 215.618, F.S.; authorizing Florida Forever
   30         bonds to be issued to finance or refinance the
   31         acquisition and improvement of land, water areas, and
   32         related property interests; amending ss. 215.619,
   33         253.027, and 253.03, F.S.; conforming provisions to
   34         changes made by the act; amending s. 253.034, F.S.;
   35         requiring proceeds from the sale of surplus
   36         conservation lands before a certain date to be
   37         deposited into the Florida Forever Trust Fund and
   38         after such date under certain circumstances into the
   39         Land Acquisition Trust Fund; prohibiting more than a
   40         certain amount of funds to be expended from the Land
   41         Acquisition Trust Fund for funding a certain
   42         contractual arrangement; amending s. 253.7824, F.S.;
   43         conforming provisions to changes made by the act;
   44         amending s. 258.435, F.S.; requiring moneys received
   45         in trust by the Department of Environmental Protection
   46         relating to aquatic preserves to be deposited into the
   47         Grants and Donations Trust Fund; amending s. 259.032,
   48         F.S.; conforming provisions affected by the
   49         termination of the Conservation and Recreation Lands
   50         Trust Fund; authorizing state agencies designated to
   51         manage lands acquired with funds deposited into the
   52         Land Acquisition Trust Fund to contract with local
   53         governments and soil and water conservation districts
   54         to assist in management activities; amending s.
   55         259.035, F.S.; requiring the Acquisition and
   56         Restoration Council to develop rules defining specific
   57         criteria and numeric performance measures needed for
   58         lands acquired with funds deposited into the Land
   59         Acquisition Trust Fund pursuant to s. 28(a), Art. X of
   60         the State Constitution; requiring the proposed rules
   61         to be submitted to the Legislature for consideration;
   62         requiring recipients of funds from the Land
   63         Acquisition Trust Fund to annually report to the
   64         Division of State Lands; requiring the council to
   65         consider and evaluate in writing each project proposed
   66         for acquisition using such funds and ensure that each
   67         proposed project meets the requirements of s. 28, Art.
   68         X of the State Constitution; amending ss. 259.036,
   69         259.037, 259.04, and 259.041, F.S.; conforming cross
   70         references; amending s. 259.101, F.S.; conforming
   71         provisions affected by the termination of the
   72         Preservation 2000 Trust Fund; requiring agencies and
   73         water management districts that acquired lands using
   74         Preservation 2000 funds to make them available for
   75         public recreational use; requiring water management
   76         districts and the department to control the growth of
   77         nonnative invasive plant species on certain lands;
   78         amending s. 259.105, F.S.; deleting obsolete
   79         provisions; conforming cross-references; prohibiting
   80         more than a certain amount of funds to be expended
   81         from the Land Acquisition Trust Fund for funding a
   82         certain contractual arrangement; amending s. 259.1051,
   83         F.S.; conforming cross-references; amending ss.
   84         338.250, 373.026, and 373.089, F.S.; conforming
   85         provisions to changes made by the act; amending s.
   86         373.129, F.S.; requiring certain civil penalties to be
   87         deposited into the Water Quality Assurance Trust Fund;
   88         amending ss. 373.1391 and 373.199, F.S.; conforming
   89         provisions to changes made by the act; amending s.
   90         373.430, F.S.; requiring certain moneys to be
   91         deposited into the Florida Permit Fee Trust Fund
   92         rather than the Ecosystem Management and Restoration
   93         Trust Fund; amending ss. 373.459, 373.4592, 373.45926,
   94         373.470, and 373.584, F.S.; conforming provisions to
   95         changes made by the act; amending s. 373.59, F.S.;
   96         conforming provisions affected by the termination of
   97         the Water Management Lands Trust Fund; amending s.
   98         373.5905, F.S.; conforming a cross-reference; amending
   99         ss. 373.703 and 375.031, F.S.; conforming provisions
  100         to changes made by the act; amending s. 375.041, F.S.;
  101         designating the Land Acquisition Trust Fund within the
  102         Department of Environmental Protection for receipt of
  103         certain documentary stamp tax revenues for the
  104         prescribed uses of s. 28, Art. X of the State
  105         Constitution; providing priority for the use of moneys
  106         in the trust fund; requiring agencies receiving
  107         transfers of moneys from the fund to maintain the
  108         integrity of such funds; amending s. 375.044, F.S.;
  109         conforming provisions to changes made by the act;
  110         repealing s. 375.045, F.S., relating to the Florida
  111         Preservation 2000 Trust Fund; amending s. 375.075,
  112         F.S.; conforming provisions to changes made by the
  113         act; amending s. 376.11, F.S.; revising the funds
  114         required to be deposited into the Florida Coastal
  115         Protection Trust Fund and the purposes for which such
  116         funds may be used; amending s. 376.123, F.S.;
  117         conforming a cross-reference; amending s. 376.307,
  118         F.S.; revising the funds required to be deposited into
  119         the Water Quality Assurance Trust Fund and the
  120         purposes for which such funds may be used; amending s.
  121         376.40, F.S.; conforming a cross-reference; repealing
  122         s. 379.202, F.S., relating to the Conservation and
  123         Recreation Lands Program Trust Fund of the Fish and
  124         Wildlife Conservation Commission; amending s. 379.206,
  125         F.S.; requiring grants and donations from development
  126         of-regional-impact wildlife mitigation contributions
  127         to be credited to the Grants and Donations Trust Fund;
  128         amending s. 379.212, F.S.; providing that the Land
  129         Acquisition Trust Fund within the Fish and Wildlife
  130         Conservation Commission shall be used to implement s.
  131         28, Art. X of the State Constitution; authorizing the
  132         department to transfer certain funds; requiring the
  133         commission to maintain the integrity of such funds;
  134         providing for the transfer of certain funds; amending
  135         s. 379.362, F.S.; requiring the Department of
  136         Agriculture and Consumer Services to use funds
  137         appropriated from the Land Acquisition Fund within the
  138         Department of Environmental Protection to fund certain
  139         oyster management and restoration programs; amending
  140         s. 380.0666, F.S.; conforming provisions to changes
  141         made by the act; repealing s. 380.0677, F.S., relating
  142         to the Green Swamp Land Authority; amending s.
  143         380.507, F.S.; conforming provisions to changes made
  144         by the act; amending s. 380.508, F.S.; requiring
  145         certain funds to be credited to or deposited into the
  146         Internal Improvement Trust Fund; requiring funds over
  147         and above eligible project costs to be deposited into
  148         the Florida Forever Trust Fund rather than the Florida
  149         Communities Trust Fund; amending s. 380.510, F.S.;
  150         requiring certain funds collected under a grant or
  151         loan agreement to be deposited into the Internal
  152         Improvement Trust Fund rather than the Florida
  153         Communities Trust Fund; requiring the deed or lease of
  154         any real property acquired with certain funds to
  155         contain covenants and restrictions sufficient to
  156         ensure that the use of such real property complies
  157         with s. 28, Art. X of the State Constitution;
  158         repealing s. 380.511, F.S., relating to the Florida
  159         Communities Trust Fund; amending s. 403.0615, F.S.;
  160         conforming provisions to changes made by the act;
  161         amending ss. 403.08601 and 403.121, F.S.; requiring
  162         certain funds to be deposited into the Water Quality
  163         Assurance Trust Fund rather than the Ecosystem
  164         Management and Restoration Trust Fund; repealing s.
  165         403.1651, F.S., relating to the Ecosystem Management
  166         and Restoration Trust Fund; amending s. 403.885, F.S.;
  167         conforming provisions to changes made by the act;
  168         repealing s. 403.8911, F.S., relating to the annual
  169         appropriation from the Water Protection and
  170         Sustainability Program Trust Fund; amending s.
  171         403.9325, F.S.; redefining the term “public lands set
  172         aside for conservation or preservation” to include
  173         lands and interests acquired with funds deposited into
  174         the Land Acquisition Trust Fund; amending s.
  175         403.93345, F.S.; redefining the term “fund” to mean
  176         the Water Quality Assurance Trust Fund; requiring
  177         certain funds to be deposited into the Water Quality
  178         Assurance Trust Fund rather than the Ecosystem
  179         Management and Restoration Trust Fund; repealing s.
  180         570.207, F.S., relating to the Conservation and
  181         Recreation Lands Program Trust Fund of the Department
  182         of Agriculture and Consumer Services; amending s.
  183         570.321, F.S.; conforming provisions to changes made
  184         by the act; amending s. 570.71, F.S.; excluding funds
  185         from the Land Acquisition Trust Fund from being
  186         deposited into the Incidental Trust Fund under certain
  187         circumstances; amending s. 895.09, F.S.; conforming
  188         provisions to changes made by the act; making
  189         technical changes; providing effective dates.
  190          
  191  Be It Enacted by the Legislature of the State of Florida:
  192  
  193         Section 1. (1) The following trust funds within the
  194  Department of Environmental Protection are terminated:
  195         (a) The Florida Preservation 2000 Trust Fund, FLAIR number
  196  37-2-332.
  197         (b) The Florida Communities Trust Fund, FLAIR number 37-2
  198  244.
  199         (c) The Ecosystem Management and Restoration Trust Fund,
  200  FLAIR number 37-2-193.
  201         (d) The Water Management Lands Trust Fund, FLAIR number 37
  202  2-776.
  203         (e) The Conservation and Recreation Lands Trust Fund, FLAIR
  204  number 37-2-131.
  205         (2)(a) All current balances remaining in the Florida
  206  Communities Trust Fund and the Florida Preservation 2000 Trust
  207  Fund shall be transferred to the Florida Forever Trust Fund,
  208  FLAIR number 37-2-348.
  209         (b) All current balances remaining in the Ecosystem
  210  Management and Restoration Trust Fund, the Water Management
  211  Lands Trust Fund, and the Conservation and Recreation Lands
  212  Trust Fund shall be transferred to the Water Quality Assurance
  213  Trust Fund, FLAIR number 37-2-780.
  214         (3) The Department of Environmental Protection shall pay
  215  all outstanding debts or obligations of the terminated trust
  216  funds as required, and the Chief Financial Officer shall close
  217  out and remove the terminated trust funds from the various state
  218  accounting systems using generally accepted accounting
  219  principles concerning warrants outstanding, assets, and
  220  liabilities.
  221         Section 2. (1) The Conservation and Recreation Lands
  222  Program Trust Fund, FLAIR number 42-2-931, within the Department
  223  of Agriculture and Consumer Services is terminated.
  224         (2) The Department of Agriculture and Consumer Services
  225  shall pay any outstanding debts or obligations of the terminated
  226  trust fund as soon as practicable, and the Chief Financial
  227  Officer shall close out and remove that terminated trust fund
  228  from the various state accounting systems using generally
  229  accepted accounting principles concerning warrants outstanding,
  230  assets, and liabilities.
  231         Section 3. (1) The Conservation and Recreation Lands
  232  Program Trust Fund, FLAIR number 72-2-931, within the Fish and
  233  Wildlife Conservation Commission is terminated.
  234         (2) The Fish and Wildlife Conservation Commission shall pay
  235  any outstanding debts or obligations of the terminated trust
  236  fund as soon as practicable, and the Chief Financial Officer
  237  shall close out and remove that terminated trust fund from the
  238  various state accounting systems using generally accepted
  239  accounting principles concerning warrants outstanding, assets,
  240  and liabilities.
  241         Section 4. Paragraph (e) is added to subsection (3) of
  242  section 17.61, Florida Statutes, to read:
  243         17.61 Chief Financial Officer; powers and duties in the
  244  investment of certain funds.—
  245         (3)
  246         (e) Moneys in any land acquisition trust fund created or
  247  designated to receive funds under s. 28, Art. X of the State
  248  Constitution may not be invested as provided in this section,
  249  but shall be retained in those trust funds, with the interest
  250  appropriated to the General Revenue Fund, as provided in s.
  251  17.57.
  252         Section 5. Section 161.05301, Florida Statutes, is
  253  repealed.
  254         Section 6. Subsection (3) of section 161.054, Florida
  255  Statutes, is amended to read:
  256         161.054 Administrative fines; liability for damage; liens.—
  257         (3) The imposition of a fine or an award of damages
  258  pursuant to this section shall create a lien upon the real and
  259  personal property of the violator, enforceable by the department
  260  as are statutory liens under chapter 85. The proceeds of such
  261  fines and awards of damages shall be deposited in the Florida
  262  Coastal Protection Ecosystem Management and Restoration Trust
  263  Fund.
  264         Section 7. Subsections (1) and (3) of section 161.091,
  265  Florida Statutes, are amended to read:
  266         161.091 Beach management; funding; repair and maintenance
  267  strategy.—
  268         (1) Subject to such appropriations as the Legislature may
  269  make therefor from time to time, disbursements from the Land
  270  Acquisition Ecosystem Management and Restoration Trust Fund may
  271  be made by the department in order to carry out the proper state
  272  responsibilities in a comprehensive, long-range, statewide beach
  273  management plan for erosion control; beach preservation,
  274  restoration, and nourishment; and storm and hurricane protection
  275  and other activities authorized for beaches and shores pursuant
  276  to s. 28, Art. X of the State Constitution. Legislative intent
  277  in appropriating such funds is for the implementation of those
  278  projects that contribute most significantly to addressing the
  279  state’s beach erosion problems.
  280         (3) In accordance with the intent expressed in s. 161.088
  281  and the legislative finding that erosion of the beaches of this
  282  state is detrimental to tourism, the state’s major industry,
  283  further exposes the state’s highly developed coastline to severe
  284  storm damage, and threatens beach-related jobs, which, if not
  285  stopped, may significantly reduce state sales tax revenues,
  286  funds deposited into the State Treasury to the credit of the
  287  Land Acquisition Ecosystem Management and Restoration Trust
  288  Fund, in the annual amounts provided in s. 201.15, shall be
  289  used, for a period of not less than 15 years, to fund the
  290  development, implementation, and administration of the state’s
  291  beach management plan, as provided in ss. 161.091-161.212 and as
  292  authorized in s. 28, Art. X of the State Constitution, prior to
  293  the use of such funds deposited pursuant to s. 201.15 in that
  294  trust fund for any other purpose.
  295         Section 8. Paragraphs (a) and (b) of subsection (6) of
  296  section 211.3103, Florida Statutes, are amended to read:
  297         211.3103 Levy of tax on severance of phosphate rock; rate,
  298  basis, and distribution of tax.—
  299         (6)(a) Beginning January 1, 2023 July 1 of the 2011-2012
  300  fiscal year, the proceeds of all taxes, interest, and penalties
  301  imposed under this section are exempt from the general revenue
  302  service charge provided in s. 215.20, and such proceeds shall be
  303  paid into the State Treasury as follows:
  304         1. To the credit of the State Park Conservation and
  305  Recreation Lands Trust Fund, 25.5 percent.
  306         2. To the credit of the General Revenue Fund of the state,
  307  35.7 percent.
  308         3. For payment to counties in proportion to the number of
  309  tons of phosphate rock produced from a phosphate rock matrix
  310  located within such political boundary, 12.8 percent. The
  311  department shall distribute this portion of the proceeds
  312  annually based on production information reported by the
  313  producers on the annual returns for the taxable year. Any such
  314  proceeds received by a county shall be used only for phosphate
  315  related expenses.
  316         4. For payment to counties that have been designated as a
  317  rural area of opportunity pursuant to s. 288.0656 in proportion
  318  to the number of tons of phosphate rock produced from a
  319  phosphate rock matrix located within such political boundary,
  320  10.0 percent. The department shall distribute this portion of
  321  the proceeds annually based on production information reported
  322  by the producers on the annual returns for the taxable year.
  323  Payments under this subparagraph shall be made to the counties
  324  unless the Legislature by special act creates a local authority
  325  to promote and direct the economic development of the county. If
  326  such authority exists, payments shall be made to that authority.
  327         5. To the credit of the Nonmandatory Land Reclamation Trust
  328  Fund, 6.2 percent.
  329         6. To the credit of the Phosphate Research Trust Fund in
  330  the Division of Universities of the Department of Education, 6.2
  331  percent.
  332         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  333         (b) Notwithstanding paragraph (a), from January 1, 2015,
  334  until December 31, 2022, the proceeds of all taxes, interest,
  335  and penalties imposed under this section are exempt from the
  336  general revenue service charge provided in s. 215.20, and such
  337  proceeds shall be paid to the State Treasury as follows:
  338         1. To the credit of the State Park Conservation and
  339  Recreation Lands Trust Fund, 22.8 percent.
  340         2. To the credit of the General Revenue Fund of the state,
  341  31.9 percent.
  342         3. For payment to counties pursuant to subparagraph (a)3.,
  343  11.5 percent.
  344         4. For payment to counties pursuant to subparagraph (a)4.,
  345  8.9 percent.
  346         5. To the credit of the Nonmandatory Land Reclamation Trust
  347  Fund, 16.1 percent.
  348         6. To the credit of the Phosphate Research Trust Fund in
  349  the Division of Universities of the Department of Education, 5.6
  350  percent.
  351         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  352         Section 9. Subsection (2) of section 215.20, Florida
  353  Statutes, is amended to read:
  354         215.20 Certain income and certain trust funds to contribute
  355  to the General Revenue Fund.—
  356         (2) Notwithstanding the provisions of subsection (1), the
  357  trust funds of the Department of Citrus and the Department of
  358  Agriculture and Consumer Services, including funds collected in
  359  the General Inspection Trust Fund for marketing orders and in
  360  the Florida Citrus Advertising Trust Fund, shall be subject to a
  361  4 percent service charge, which is hereby appropriated to the
  362  General Revenue Fund. This subsection paragraph does not apply
  363  to the Conservation and Recreation Lands Program Trust Fund, the
  364  Citrus Inspection Trust Fund, the Florida Forever Program Trust
  365  Fund, the Market Improvements Working Capital Trust Fund, the
  366  Pest Control Trust Fund, the Plant Industry Trust Fund, or other
  367  funds collected in the General Inspection Trust Fund in the
  368  Department of Agriculture and Consumer Services.
  369         Section 10. Paragraph (a) of subsection (1) and subsections
  370  (2) and (6) of section 215.618, Florida Statutes, are amended to
  371  read:
  372         215.618 Bonds for acquisition and improvement of land,
  373  water areas, and related property interests and resources.—
  374         (1)(a) The issuance of Florida Forever bonds, not to exceed
  375  $5.3 billion, to finance or refinance the cost of acquisition
  376  and improvement of land, water areas, and related property
  377  interests and resources, in urban and rural settings, for the
  378  purposes of restoration, conservation, recreation, water
  379  resource development, or historical preservation, and for
  380  capital improvements to lands and water areas that accomplish
  381  environmental restoration, enhance public access and
  382  recreational enjoyment, promote long-term management goals, and
  383  facilitate water resource development is hereby authorized,
  384  subject to the provisions of s. 259.105 and pursuant to s.
  385  11(e), Art. VII of the State Constitution and, on or after July
  386  1, 2015, to also finance or refinance the acquisition and
  387  improvement of land, water areas, and related property interests
  388  as provided in s. 28, Art. X of the State Constitution. Florida
  389  Forever bonds may also be issued to refund Preservation 2000
  390  bonds issued pursuant to s. 375.051. The $5.3 billion limitation
  391  on the issuance of Florida Forever bonds does not apply to
  392  refunding bonds. The duration of each series of Florida Forever
  393  bonds issued may not exceed 20 annual maturities. Preservation
  394  2000 bonds and Florida Forever bonds shall be equally and
  395  ratably secured by moneys distributable to the Land Acquisition
  396  Trust Fund pursuant to s. 201.15(1)(a), except to the extent
  397  specifically provided otherwise by the documents authorizing the
  398  issuance of the bonds.
  399         (2) The state covenants does hereby covenant with the
  400  holders of Florida Forever bonds and Preservation 2000 bonds
  401  that it will not take any action which will materially and
  402  adversely affect the rights of such holders so long as such
  403  bonds are outstanding, including, but not limited to, a
  404  reduction in the portion of documentary stamp taxes
  405  distributable to the Land Acquisition Trust Fund for payment of
  406  debt service on Preservation 2000 bonds or Florida Forever
  407  bonds.
  408         (6) Pursuant to authority granted under by s. 11(e), Art.
  409  VII of the State Constitution, there is hereby continued and re
  410  created the Land Acquisition Trust Fund which shall be a
  411  continuation of the Land Acquisition Trust Fund which exists for
  412  purposes of s. 9(a)(1), Art. XII of the State Constitution. The
  413  Land Acquisition Trust Fund shall continue beyond the
  414  termination of bonding authority provided for in s. 9(a)(1),
  415  Art. XII of the State Constitution, pursuant to the authority
  416  provided by s. 11(e), Art. VII of the State Constitution and
  417  shall continue for so long as Preservation 2000 bonds or Florida
  418  Forever bonds are outstanding and secured by taxes distributable
  419  thereto or until the requirement of s. 28(a), Art. X of the
  420  State Constitution expires, whichever is later.
  421         Section 11. Subsection (2) of section 215.619, Florida
  422  Statutes, is amended to read:
  423         215.619 Bonds for Everglades restoration.—
  424         (2) The state covenants with the holders of Everglades
  425  restoration bonds that it will not take any action that will
  426  materially and adversely affect the rights of the holders so
  427  long as the bonds are outstanding, including, but not limited
  428  to, a reduction in the portion of documentary stamp taxes
  429  distributable under s. 201.15(1) for payment of debt service on
  430  Preservation 2000 bonds, Florida Forever bonds, or Everglades
  431  restoration bonds.
  432         Section 12. Subsection (5) of section 253.027, Florida
  433  Statutes, is amended to read:
  434         253.027 Emergency archaeological property acquisition.—
  435         (5) ACCOUNT EXPENDITURES.—
  436         (a) No moneys shall be spent for the acquisition of any
  437  property, including title works, appraisal fees, and survey
  438  costs, unless:
  439         1. The property is an archaeological property of major
  440  statewide significance.
  441         2. The structures, artifacts, or relics, or their historic
  442  significance, will be irretrievably lost if the state cannot
  443  acquire the property.
  444         3. The site is presently on an acquisition list for
  445  Conservation and Recreation Lands or for Florida Forever lands,
  446  or complies with the criteria for inclusion on any such list,
  447  but has yet to be included on the list.
  448         4. No other source of immediate funding is available to
  449  purchase or otherwise protect the property.
  450         5. The site is not otherwise protected by local, state, or
  451  federal laws.
  452         6. The acquisition is not inconsistent with the state
  453  comprehensive plan and the state land acquisition program.
  454         (b) No moneys shall be spent from the account for
  455  excavation or restoration of the properties acquired. Funds may
  456  be spent for preliminary surveys to determine if the sites meet
  457  the criteria of this section. An amount not to exceed $100,000
  458  may also be spent from the account to inventory and evaluate
  459  archaeological and historic resources on properties purchased,
  460  or proposed for purchase, pursuant to s. 259.105(3)(b) s.
  461  259.032.
  462         Section 13. Subsection (12) of section 253.03, Florida
  463  Statutes, is amended to read:
  464         253.03 Board of trustees to administer state lands; lands
  465  enumerated.—
  466         (12) The Board of Trustees of the Internal Improvement
  467  Trust Fund is hereby authorized to administer, manage, control,
  468  conserve, protect, and sell all real property forfeited to the
  469  state pursuant to ss. 895.01-895.09 or acquired by the state
  470  pursuant to s. 607.0505 or former s. 620.192. The board is
  471  directed to immediately determine the value of all such property
  472  and shall ascertain whether the property is in any way
  473  encumbered. If the board determines that it is in the best
  474  interest of the state to do so, funds from the Internal
  475  Improvement Trust Fund may be used to satisfy any such
  476  encumbrances. If forfeited property receipts are not sufficient
  477  to satisfy encumbrances on the property and expenses permitted
  478  under this section, funds from another appropriate the Land
  479  Acquisition trust fund may be used to satisfy any such
  480  encumbrances and expenses. All property acquired by the board
  481  pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09
  482  shall be sold as soon as commercially feasible unless the
  483  Attorney General recommends and the board determines that
  484  retention of the property in public ownership would effectuate
  485  one or more of the following policies of statewide significance:
  486  protection or enhancement of floodplains, marshes, estuaries,
  487  lakes, rivers, wilderness areas, wildlife areas, wildlife
  488  habitat, or other environmentally sensitive natural areas or
  489  ecosystems; or preservation of significant archaeological or
  490  historical sites identified by the Secretary of State. In such
  491  event the property shall remain in the ownership of the board,
  492  to be controlled, managed, and disposed of in accordance with
  493  this chapter, and the Internal Improvement Trust Fund shall be
  494  reimbursed from the Land Acquisition Trust Fund, or other
  495  appropriate fund designated by the board, for any funds expended
  496  from the Internal Improvement Trust Fund pursuant to this
  497  subsection in regard to such property. Upon the recommendation
  498  of the Attorney General, the board may reimburse the
  499  investigative agency for its investigative expenses, costs, and
  500  attorneys’ fees, and may reimburse law enforcement agencies for
  501  actual expenses incurred in conducting investigations leading to
  502  the forfeiture of such property from funds deposited in the
  503  Internal Improvement Trust Fund of the Department of
  504  Environmental Protection. The proceeds of the sale of property
  505  acquired under s. 607.0505, former s. 620.192, or ss. 895.01
  506  895.09 shall be distributed as follows:
  507         (a) After satisfaction of any valid claims arising under
  508  the provisions of s. 895.09(1)(a) or (b), any moneys used to
  509  satisfy encumbrances and expended as costs of administration,
  510  appraisal, management, conservation, protection, sale, and real
  511  estate sales services and any interest earnings lost to the Land
  512  Acquisition trust fund that was used as of a date certified by
  513  the Department of Environmental Protection shall be replaced
  514  first in the Land Acquisition trust fund that was used to
  515  satisfy any such encumbrance or expense, if those funds were
  516  used, and then in the Internal Improvement Trust Fund; and
  517         (b) The remainder shall be distributed as set forth in s.
  518  895.09.
  519         Section 14. Subsection (3), paragraphs (a) and (k) through
  520  (n) of subsection (6), and subsections (10) and (11) of section
  521  253.034, Florida Statutes, are amended to read:
  522         253.034 State-owned lands; uses.—
  523         (3) Recognizing In recognition that recreational trails
  524  purchased with rails-to-trails funds pursuant to former s.
  525  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have
  526  had historic transportation uses and that their linear character
  527  may extend many miles, the Legislature intends that if when the
  528  necessity arises to serve public needs, after balancing the need
  529  to protect trail users from collisions with automobiles and a
  530  preference for the use of overpasses and underpasses to the
  531  greatest extent feasible and practical, transportation uses
  532  shall be allowed to cross recreational trails purchased pursuant
  533  to former s. 259.101(3)(g), Florida Statutes 2014, or s.
  534  259.105(3)(h). When these crossings are needed, the location and
  535  design should consider and mitigate the impact on humans and
  536  environmental resources, and the value of the land shall be paid
  537  based on fair market value.
  538         (6) The Board of Trustees of the Internal Improvement Trust
  539  Fund shall determine which lands, the title to which is vested
  540  in the board, may be surplused. For conservation lands, the
  541  board shall determine whether the lands are no longer needed for
  542  conservation purposes and may dispose of them by an affirmative
  543  vote of at least three members. In the case of a land exchange
  544  involving the disposition of conservation lands, the board must
  545  determine by an affirmative vote of at least three members that
  546  the exchange will result in a net positive conservation benefit.
  547  For all other lands, the board shall determine whether the lands
  548  are no longer needed and may dispose of them by an affirmative
  549  vote of at least three members.
  550         (a) For the purposes of this subsection, all lands acquired
  551  by the state before July 1, 1999, using proceeds from
  552  Preservation 2000 bonds, the former Conservation and Recreation
  553  Lands Trust Fund, the former Water Management Lands Trust Fund,
  554  Environmentally Endangered Lands Program, and the Save Our Coast
  555  Program and titled to the board which are identified as core
  556  parcels or within original project boundaries are deemed to have
  557  been acquired for conservation purposes.
  558         (k) Proceeds from the any sale of surplus conservation
  559  lands purchased before July 1, 2015, pursuant to this subsection
  560  shall be deposited into the Florida Forever Trust Fund from
  561  which such lands were acquired.
  562         (l) Proceeds from the sale of surplus conservation lands
  563  purchased on or after July 1, 2015, shall be deposited into the
  564  Land Acquisition Trust Fund or, if required by bond covenants,
  565  into the trust fund from which the lands were purchased.
  566  However, if the fund from which the lands were originally
  567  acquired no longer exists, such proceeds shall be deposited into
  568  an appropriate account to be used for land management by the
  569  lead managing agency assigned the lands before the lands were
  570  declared surplus.
  571         (m) Funds received from the sale of surplus nonconservation
  572  lands, or lands that were acquired by gift, by donation, or for
  573  no consideration, shall be deposited into the Internal
  574  Improvement Trust Fund.
  575         (n)(l) Notwithstanding this subsection, such disposition of
  576  land may not be made if it would have the effect of causing all
  577  or any portion of the interest on any revenue bonds issued to
  578  lose the exclusion from gross income for federal income tax
  579  purposes.
  580         (o)(m) The sale of filled, formerly submerged land that
  581  does not exceed 5 acres in area is not subject to review by the
  582  council or its successor.
  583         (p)(n) The board may adopt rules to administer this section
  584  which may include procedures for administering surplus land
  585  requests and criteria for when the division may approve requests
  586  to surplus nonconservation lands on behalf of the board.
  587         (10) The following additional uses of conservation lands
  588  acquired pursuant to the Florida Forever program and other
  589  state-funded conservation land purchase programs shall be
  590  authorized, upon a finding by the board of trustees, if they
  591  meet the criteria specified in paragraphs (a)-(e): water
  592  resource development projects, water supply development
  593  projects, stormwater management projects, linear facilities, and
  594  sustainable agriculture and forestry. Such additional uses are
  595  authorized where:
  596         (a) Not inconsistent with the management plan for such
  597  lands;
  598         (b) Compatible with the natural ecosystem and resource
  599  values of such lands;
  600         (c) The proposed use is appropriately located on such lands
  601  and where due consideration is given to the use of other
  602  available lands;
  603         (d) The using entity reasonably compensates the titleholder
  604  for such use based upon an appropriate measure of value; and
  605         (e) The use is consistent with the public interest.
  606  
  607  A decision by the board of trustees pursuant to this section
  608  shall be given a presumption of correctness. Moneys received
  609  from the use of state lands pursuant to this section shall be
  610  returned to the lead managing entity in accordance with s.
  611  259.032(9)(c) the provisions of s. 259.032(11)(c).
  612         (11) Lands listed as projects for acquisition may be
  613  managed for conservation pursuant to s. 259.032, on an interim
  614  basis by a private party in anticipation of a state purchase in
  615  accordance with a contractual arrangement between the acquiring
  616  agency and the private party that may include management service
  617  contracts, leases, cost-share arrangements or resource
  618  conservation agreements. Lands designated as eligible under this
  619  subsection shall be managed to maintain or enhance the resources
  620  the state is seeking to protect by acquiring the land. Funding
  621  for these contractual arrangements may originate from the
  622  documentary stamp tax revenue deposited into the Land
  623  Acquisition Conservation and Recreation Lands Trust Fund and
  624  Water Management Lands Trust Fund. No more than $6.2 million may
  625  be expended from the Land Acquisition Trust Fund 5 percent of
  626  funds allocated under the trust funds shall be expended for this
  627  purpose.
  628         Section 15. Section 253.7824, Florida Statutes, is amended
  629  to read:
  630         253.7824 Sale of products; proceeds.—The department may
  631  authorize the removal and sale of products from the land where
  632  environmentally appropriate, the proceeds from which shall be
  633  deposited into the appropriate in the Land Acquisition trust
  634  fund pursuant to s. 253.034(6)(k), (l), or (m).
  635         Section 16. Subsection (1) of section 258.435, Florida
  636  Statutes, is amended to read:
  637         258.435 Use of aquatic preserves for the accommodation of
  638  visitors.—
  639         (1) The Department of Environmental Protection shall
  640  promote the public use of aquatic preserves and their associated
  641  uplands. The department may receive gifts and donations to carry
  642  out the purpose of this part. Moneys received in trust by the
  643  department by gift, devise, appropriation, or otherwise, subject
  644  to the terms of such trust, shall be deposited into the Grants
  645  and Donations Land Acquisition Trust Fund and appropriated to
  646  the department for the administration, development, improvement,
  647  promotion, and maintenance of aquatic preserves and their
  648  associated uplands and for any future acquisition or development
  649  of aquatic preserves and their associated uplands.
  650         Section 17. Section 259.032, Florida Statutes, is amended
  651  to read:
  652         259.032 Conservation and recreation lands Trust Fund;
  653  purpose.—
  654         (1) It is the policy of the state that the citizens of this
  655  state shall be assured public ownership of natural areas for
  656  purposes of maintaining this state’s unique natural resources;
  657  protecting air, land, and water quality; promoting water
  658  resource development to meet the needs of natural systems and
  659  citizens of this state; promoting restoration activities on
  660  public lands; and providing lands for natural resource based
  661  recreation. In recognition of this policy, it is the intent of
  662  the Legislature to provide such public lands for the people
  663  residing in urban and metropolitan areas of the state, as well
  664  as those residing in less populated, rural areas. It is the
  665  further intent of the Legislature, with regard to the lands
  666  described in paragraph (2)(c) (3)(c), that a high priority be
  667  given to the acquisition, restoration, and management of such
  668  lands in or near counties exhibiting the greatest concentration
  669  of population and, with regard to the lands described in
  670  subsection (2) (3), that a high priority be given to acquiring
  671  lands or rights or interests in lands that advance the goals and
  672  objectives of the Fish and Wildlife Conservation Commission’s
  673  approved species or habitat recovery plans, or lands within any
  674  area designated as an area of critical state concern under s.
  675  380.05 which, in the judgment of the advisory council
  676  established pursuant to s. 259.035, or its successor, cannot be
  677  adequately protected by application of land development
  678  regulations adopted pursuant to s. 380.05. Finally, it is the
  679  Legislature’s intent that lands acquired for conservation and
  680  recreation purposes through this program and any successor
  681  programs be managed in such a way as to protect or restore their
  682  natural resource values, and provide the greatest benefit,
  683  including public access, to the citizens of this state.
  684         (2)(a) The Conservation and Recreation Lands Trust Fund is
  685  established within the Department of Environmental Protection.
  686  The fund shall be used as a nonlapsing, revolving fund
  687  exclusively for the purposes of this section. The fund shall be
  688  credited with proceeds from the following excise taxes:
  689         1. The excise taxes on documents as provided in s. 201.15;
  690  and
  691         2. The excise tax on the severance of phosphate rock as
  692  provided in s. 211.3103.
  693  
  694  The Department of Revenue shall credit to the fund each month
  695  the proceeds from such taxes as provided in this paragraph.
  696         (b) There shall annually be transferred from the
  697  Conservation and Recreation Lands Trust Fund to the Land
  698  Acquisition Trust Fund that amount, not to exceed $20 million
  699  annually, as shall be necessary to pay the debt service on, or
  700  fund debt service reserve funds, rebate obligations, or other
  701  amounts with respect to bonds issued pursuant to s. 375.051 to
  702  acquire lands on the established priority list developed
  703  pursuant to ss. 259.101(4) and 259.105; however, no moneys
  704  transferred to the Land Acquisition Trust Fund pursuant to this
  705  paragraph, or earnings thereon, shall be used or made available
  706  to pay debt service on the Save Our Coast revenue bonds. Amounts
  707  transferred annually from the Conservation and Recreation Lands
  708  Trust Fund to the Land Acquisition Trust Fund pursuant to this
  709  paragraph shall have the highest priority over other payments or
  710  transfers from the Conservation and Recreation Lands Trust Fund,
  711  and no other payments or transfers shall be made from the
  712  Conservation and Recreation Lands Trust Fund until such
  713  transfers to the Land Acquisition Trust Fund have been made.
  714  Moneys in the Conservation and Recreation Lands Trust Fund also
  715  shall be used to manage lands and to pay for related costs,
  716  activities, and functions pursuant to the provisions of this
  717  section.
  718         (2)(3) The Governor and Cabinet, sitting as the Board of
  719  Trustees of the Internal Improvement Trust Fund, may expend
  720  allocate moneys appropriated by the Legislature from the fund in
  721  any one year to acquire the fee or any lesser interest in lands
  722  for the following public purposes:
  723         (a) To conserve and protect environmentally unique and
  724  irreplaceable lands that contain native, relatively unaltered
  725  flora and fauna representing a natural area unique to, or scarce
  726  within, a region of this state or a larger geographic area;
  727         (b) To conserve and protect lands within designated areas
  728  of critical state concern, if the proposed acquisition relates
  729  to the natural resource protection purposes of the designation;
  730         (c) To conserve and protect native species habitat or
  731  endangered or threatened species, emphasizing long-term
  732  protection for endangered or threatened species designated G-1
  733  or G-2 by the Florida Natural Areas Inventory, and especially
  734  those areas that are special locations for breeding and
  735  reproduction;
  736         (d) To conserve, protect, manage, or restore important
  737  ecosystems, landscapes, and forests, if the protection and
  738  conservation of such lands is necessary to enhance or protect
  739  significant surface water, groundwater, coastal, recreational,
  740  timber, or fish or wildlife resources which cannot otherwise be
  741  accomplished through local and state regulatory programs;
  742         (e) To promote water resource development that benefits
  743  natural systems and citizens of the state;
  744         (f) To facilitate the restoration and subsequent health and
  745  vitality of the Florida Everglades;
  746         (g) To provide areas, including recreational trails, for
  747  natural resource based recreation and other outdoor recreation
  748  on any part of any site compatible with conservation purposes;
  749         (h) To preserve significant archaeological or historic
  750  sites;
  751         (i) To conserve urban open spaces suitable for greenways or
  752  outdoor recreation which are compatible with conservation
  753  purposes; or
  754         (j) To preserve agricultural lands under threat of
  755  conversion to development through less-than-fee acquisitions.
  756         (3)(4) Lands acquired for conservation and recreation
  757  purposes under this section shall be for use as state-designated
  758  parks, recreation areas, preserves, reserves, historic or
  759  archaeological sites, geologic or botanical sites, recreational
  760  trails, forests, wilderness areas, wildlife management areas,
  761  urban open space, or other state-designated recreation or
  762  conservation lands; or they shall qualify for such state
  763  designation and use if they are to be managed by other
  764  governmental agencies or nonstate entities as provided for in
  765  this section.
  766         (4)(5) The board of trustees may expend appropriated funds
  767  allocate, in any year, an amount not to exceed 5 percent of the
  768  money credited to the fund in that year, such allocation to be
  769  used for the initiation and maintenance of a natural areas
  770  inventory to aid in the identification of areas to be acquired
  771  for conservation and recreation purposes pursuant to this
  772  section.
  773         (6) Moneys in the fund not needed to meet obligations
  774  incurred under this section shall be deposited with the Chief
  775  Financial Officer to the credit of the fund and may be invested
  776  in the manner provided by law. Interest received on such
  777  investments shall be credited to the Conservation and Recreation
  778  Lands Trust Fund.
  779         (5)(7) The board of trustees may enter into any contract
  780  necessary to accomplish the purposes of this section. The lead
  781  land managing agencies designated by the board of trustees also
  782  are directed by the Legislature to enter into contracts or
  783  interagency agreements with other governmental entities,
  784  including local soil and water conservation districts, or
  785  private land managers who have the expertise to perform specific
  786  management activities which a lead agency lacks, or which would
  787  cost more to provide in-house. Such activities shall include,
  788  but not be limited to, controlled burning, road and ditch
  789  maintenance, mowing, and wildlife assessments.
  790         (6)(8)Conservation and recreation lands to be considered
  791  for purchase under this section are subject to the selection
  792  procedures of s. 259.035 and related rules and shall be acquired
  793  in accordance with acquisition procedures for state lands
  794  provided for in s. 259.041, except as otherwise provided by the
  795  Legislature. An inholding or an addition to conservation and
  796  recreation lands a project selected for purchase pursuant to
  797  this chapter is not subject to the selection procedures of s.
  798  259.035 if the estimated value of such inholding or addition
  799  does not exceed $500,000. When at least 90 percent of the
  800  acreage of a project has been purchased for conservation and
  801  recreation purposes pursuant to this chapter, the project may be
  802  removed from the list and the remaining acreage may continue to
  803  be purchased. Funds appropriated to acquire conservation and
  804  recreation lands Moneys from the fund may be used for title
  805  work, appraisal fees, environmental audits, and survey costs
  806  related to acquisition expenses for lands to be acquired,
  807  donated, or exchanged which qualify under the categories of this
  808  section, at the discretion of the board. When the Legislature
  809  has authorized the Department of Environmental Protection to
  810  condemn a specific parcel of land and such parcel has already
  811  been approved for acquisition under this section, the land may
  812  be acquired in accordance with the provisions of chapter 73 or
  813  chapter 74, and the funds appropriated to acquire conservation
  814  and recreation lands fund may be used to pay the condemnation
  815  award and all costs, including a reasonable attorney’s fee,
  816  associated with condemnation.
  817         (7)(9) All lands managed under this chapter and s. 253.034
  818  shall be:
  819         (a) Managed in a manner that will provide the greatest
  820  combination of benefits to the public and to the resources.
  821         (b) Managed for public outdoor recreation which is
  822  compatible with the conservation and protection of public lands.
  823  Such management may include, but not be limited to, the
  824  following public recreational uses: fishing, hunting, camping,
  825  bicycling, hiking, nature study, swimming, boating, canoeing,
  826  horseback riding, diving, model hobbyist activities, birding,
  827  sailing, jogging, and other related outdoor activities
  828  compatible with the purposes for which the lands were acquired.
  829         (c) Managed for the purposes for which the lands were
  830  acquired, consistent with paragraph (9)(a) (11)(a).
  831         (d) Concurrent with its adoption of the annual Conservation
  832  and Recreation Lands list of acquisition projects pursuant to s.
  833  259.035, the board of trustees shall adopt a management
  834  prospectus for each project. The management prospectus shall
  835  delineate:
  836         1. The management goals for the property;
  837         2. The conditions that will affect the intensity of
  838  management;
  839         3. An estimate of the revenue-generating potential of the
  840  property, if appropriate;
  841         4. A timetable for implementing the various stages of
  842  management and for providing access to the public, if
  843  applicable;
  844         5. A description of potential multiple-use activities as
  845  described in this section and s. 253.034;
  846         6. Provisions for protecting existing infrastructure and
  847  for ensuring the security of the project upon acquisition;
  848         7. The anticipated costs of management and projected
  849  sources of revenue, including legislative appropriations, to
  850  fund management needs; and
  851         8. Recommendations as to how many employees will be needed
  852  to manage the property, and recommendations as to whether local
  853  governments, volunteer groups, the former landowner, or other
  854  interested parties can be involved in the management.
  855         (e) Concurrent with the approval of the acquisition
  856  contract pursuant to s. 259.041(3)(c) for any interest in lands
  857  except those lands being acquired under the provisions of s.
  858  259.1052, the board of trustees shall designate an agency or
  859  agencies to manage such lands. The board shall evaluate and
  860  amend, as appropriate, the management policy statement for the
  861  project as provided by s. 259.035, consistent with the purposes
  862  for which the lands are acquired. For any fee simple acquisition
  863  of a parcel which is or will be leased back for agricultural
  864  purposes, or any acquisition of a less-than-fee interest in land
  865  that is or will be used for agricultural purposes, the Board of
  866  Trustees of the Internal Improvement Trust Fund shall first
  867  consider having a soil and water conservation district, created
  868  pursuant to chapter 582, manage and monitor such interests.
  869         (f) State agencies designated to manage lands acquired
  870  under this chapter or with funds deposited into the Land
  871  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
  872  Constitution, except those lands acquired under s. 259.1052, may
  873  contract with local governments and soil and water conservation
  874  districts to assist in management activities, including the
  875  responsibility of being the lead land manager. Such land
  876  management contracts may include a provision for the transfer of
  877  management funding to the local government or soil and water
  878  conservation district from the land acquisition Conservation and
  879  Recreation Lands trust fund of the lead land managing agency in
  880  an amount adequate for the local government or soil and water
  881  conservation district to perform its contractual land management
  882  responsibilities and proportionate to its responsibilities, and
  883  which otherwise would have been expended by the state agency to
  884  manage the property.
  885         (g) Immediately following the acquisition of any interest
  886  in conservation and recreation lands under this chapter, the
  887  Department of Environmental Protection, acting on behalf of the
  888  board of trustees, may issue to the lead managing entity an
  889  interim assignment letter to be effective until the execution of
  890  a formal lease.
  891         (8)(10)(a) State, regional, or local governmental agencies
  892  or private entities designated to manage lands under this
  893  section shall develop and adopt, with the approval of the board
  894  of trustees, an individual management plan for each project
  895  designed to conserve and protect such lands and their associated
  896  natural resources. Private sector involvement in management plan
  897  development may be used to expedite the planning process.
  898         (b) Individual management plans required by s. 253.034(5),
  899  for parcels over 160 acres, shall be developed with input from
  900  an advisory group. Members of this advisory group shall include,
  901  at a minimum, representatives of the lead land managing agency,
  902  comanaging entities, local private property owners, the
  903  appropriate soil and water conservation district, a local
  904  conservation organization, and a local elected official. The
  905  advisory group shall conduct at least one public hearing within
  906  the county in which the parcel or project is located. For those
  907  parcels or projects that are within more than one county, at
  908  least one areawide public hearing shall be acceptable and the
  909  lead managing agency shall invite a local elected official from
  910  each county. The areawide public hearing shall be held in the
  911  county in which the core parcels are located. Notice of such
  912  public hearing shall be posted on the parcel or project
  913  designated for management, advertised in a paper of general
  914  circulation, and announced at a scheduled meeting of the local
  915  governing body before the actual public hearing. The management
  916  prospectus required pursuant to paragraph (7)(d) (9)(d) shall be
  917  available to the public for a period of 30 days prior to the
  918  public hearing.
  919         (c) Once a plan is adopted, the managing agency or entity
  920  shall update the plan at least every 10 years in a form and
  921  manner prescribed by rule of the board of trustees. Such
  922  updates, for parcels over 160 acres, shall be developed with
  923  input from an advisory group. Such plans may include transfers
  924  of leasehold interests to appropriate conservation organizations
  925  or governmental entities designated by the Land Acquisition and
  926  Management Advisory Council or its successor, for uses
  927  consistent with the purposes of the organizations and the
  928  protection, preservation, conservation, restoration, and proper
  929  management of the lands and their resources. Volunteer
  930  management assistance is encouraged, including, but not limited
  931  to, assistance by youths participating in programs sponsored by
  932  state or local agencies, by volunteers sponsored by
  933  environmental or civic organizations, and by individuals
  934  participating in programs for committed delinquents and adults.
  935         (d)1. For each project for which lands are acquired after
  936  July 1, 1995, an individual management plan shall be adopted and
  937  in place no later than 1 year after the essential parcel or
  938  parcels identified in the priority list developed pursuant to s.
  939  259.105 ss. 259.101(4) and 259.105 have been acquired. The
  940  Department of Environmental Protection shall distribute only 75
  941  percent of the acquisition funds to which a budget entity or
  942  water management district would otherwise be entitled from the
  943  Preservation 2000 Trust Fund to any budget entity or any water
  944  management district that has more than one-third of its
  945  management plans overdue.
  946         2. The requirements of subparagraph 1. do not apply to the
  947  individual management plan for the Babcock Crescent B Ranch
  948  being acquired pursuant to s. 259.1052. The management plan for
  949  the ranch shall be adopted and in place no later than 2 years
  950  following the date of acquisition by the state.
  951         (e) Individual management plans shall conform to the
  952  appropriate policies and guidelines of the state land management
  953  plan and shall include, but not be limited to:
  954         1. A statement of the purpose for which the lands were
  955  acquired, the projected use or uses as defined in s. 253.034,
  956  and the statutory authority for such use or uses.
  957         2. Key management activities necessary to achieve the
  958  desired outcomes, including, but not limited to, providing
  959  public access, preserving and protecting natural resources,
  960  protecting cultural and historical resources, restoring habitat,
  961  protecting threatened and endangered species, controlling the
  962  spread of nonnative plants and animals, performing prescribed
  963  fire activities, and other appropriate resource management.
  964         3. A specific description of how the managing agency plans
  965  to identify, locate, protect, and preserve, or otherwise use
  966  fragile, nonrenewable natural and cultural resources.
  967         4. A priority schedule for conducting management
  968  activities, based on the purposes for which the lands were
  969  acquired.
  970         5. A cost estimate for conducting priority management
  971  activities, to include recommendations for cost-effective
  972  methods of accomplishing those activities.
  973         6. A cost estimate for conducting other management
  974  activities which would enhance the natural resource value or
  975  public recreation value for which the lands were acquired. The
  976  cost estimate shall include recommendations for cost-effective
  977  methods of accomplishing those activities.
  978         7. A determination of the public uses and public access
  979  that would be consistent with the purposes for which the lands
  980  were acquired.
  981         (f) The Division of State Lands shall submit a copy of each
  982  individual management plan for parcels which exceed 160 acres in
  983  size to each member of the Acquisition and Restoration Council,
  984  which shall:
  985         1. Within 60 days after receiving a plan from the division,
  986  review each plan for compliance with the requirements of this
  987  subsection and with the requirements of the rules established by
  988  the board pursuant to this subsection.
  989         2. Consider the propriety of the recommendations of the
  990  managing agency with regard to the future use or protection of
  991  the property.
  992         3. After its review, submit the plan, along with its
  993  recommendations and comments, to the board of trustees, with
  994  recommendations as to whether to approve the plan as submitted,
  995  approve the plan with modifications, or reject the plan.
  996         (g) The board of trustees shall consider the individual
  997  management plan submitted by each state agency and the
  998  recommendations of the Acquisition and Restoration Council and
  999  the Division of State Lands and shall approve the plan with or
 1000  without modification or reject such plan. The use or possession
 1001  of any lands owned by the board of trustees which is not in
 1002  accordance with an approved individual management plan is
 1003  subject to termination by the board of trustees.
 1004  
 1005  By July 1 of each year, each governmental agency and each
 1006  private entity designated to manage lands shall report to the
 1007  Secretary of Environmental Protection on the progress of
 1008  funding, staffing, and resource management of every project for
 1009  which the agency or entity is responsible.
 1010         (9)(11)(a) The Legislature recognizes that acquiring lands
 1011  pursuant to this chapter serves the public interest by
 1012  protecting land, air, and water resources which contribute to
 1013  the public health and welfare, providing areas for natural
 1014  resource based recreation, and ensuring the survival of unique
 1015  and irreplaceable plant and animal species. The Legislature
 1016  intends for these lands to be managed and maintained for the
 1017  purposes for which they were acquired and for the public to have
 1018  access to and use of these lands where it is consistent with
 1019  acquisition purposes and would not harm the resources the state
 1020  is seeking to protect on the public’s behalf.
 1021         (b) An amount of not less than 1.5 percent of the
 1022  cumulative total of funds ever deposited into the Florida
 1023  Preservation 2000 Trust Fund and the Florida Forever Trust Fund
 1024  shall be made available for the purposes of management,
 1025  maintenance, and capital improvements not eligible for funding
 1026  pursuant to s. 11(e), Art. VII of the State Constitution, and
 1027  for associated contractual services, for conservation and
 1028  recreation lands acquired with funds deposited into the Land
 1029  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1030  Constitution or pursuant to former s. 259.032, Florida Statutes
 1031  2014 this section, former s. 259.101, Florida Statutes 2014, s.
 1032  259.105, s. 259.1052, or previous programs for the acquisition
 1033  of lands for conservation and recreation, including state
 1034  forests, to which title is vested in the board of trustees and
 1035  other conservation and recreation lands managed by a state
 1036  agency. Of this amount, $250,000 shall be transferred annually
 1037  to the Plant Industry Trust Fund within the Department of
 1038  Agriculture and Consumer Services for the purpose of
 1039  implementing the Endangered or Threatened Native Flora
 1040  Conservation Grants Program pursuant to s. 581.185(11). Each
 1041  agency with management responsibilities shall annually request
 1042  from the Legislature funds sufficient to fulfill such
 1043  responsibilities to implement individual management plans. For
 1044  the purposes of this paragraph, capital improvements shall
 1045  include, but need not be limited to, perimeter fencing, signs,
 1046  firelanes, access roads and trails, and minimal public
 1047  accommodations, such as primitive campsites, garbage
 1048  receptacles, and toilets. Any equipment purchased with funds
 1049  provided pursuant to this paragraph may be used for the purposes
 1050  described in this paragraph on any conservation and recreation
 1051  lands managed by a state agency. The funding requirement created
 1052  in this paragraph is subject to an annual evaluation by the
 1053  Legislature in order to ensure that such requirement does not
 1054  impact the respective trust fund in a manner that would prevent
 1055  the trust fund from meeting other minimum requirements.
 1056         (c) All revenues generated through multiple-use management
 1057  or compatible secondary-use management shall be returned to the
 1058  lead agency responsible for such management and shall be used to
 1059  pay for management activities on all conservation, preservation,
 1060  and recreation lands under the agency’s jurisdiction. In
 1061  addition, such revenues shall be segregated in an agency trust
 1062  fund and shall remain available to the agency in subsequent
 1063  fiscal years to support land management appropriations. For the
 1064  purposes of this paragraph, compatible secondary-use management
 1065  shall be those activities described in subsection (7) (9)
 1066  undertaken on parcels designated as single use pursuant to s.
 1067  253.034(2)(b).
 1068         (d) Up to one-fifth of the funds appropriated for the
 1069  purposes identified provided for in paragraph (b) shall be
 1070  reserved by the board of trustees for interim management of
 1071  acquisitions and for associated contractual services, to ensure
 1072  the conservation and protection of natural resources on project
 1073  sites and to allow limited public recreational use of lands.
 1074  Interim management activities may include, but not be limited
 1075  to, resource assessments, control of invasive, nonnative
 1076  species, habitat restoration, fencing, law enforcement,
 1077  controlled burning, and public access consistent with
 1078  preliminary determinations made pursuant to paragraph (7)(g)
 1079  (9)(g). The board of trustees shall make these interim funds
 1080  available immediately upon purchase.
 1081         (e) The department shall set long-range and annual goals
 1082  for the control and removal of nonnative, invasive plant species
 1083  on public lands. Such goals shall differentiate between aquatic
 1084  plant species and upland plant species. In setting such goals,
 1085  the department may rank, in order of adverse impact, species
 1086  that impede or destroy the functioning of natural systems.
 1087  Notwithstanding paragraph (a), up to one-fourth of the funds
 1088  provided for in paragraph (b) may be used by the agencies
 1089  receiving those funds for control and removal of nonnative,
 1090  invasive species on public lands.
 1091         (f) For the 2014-2015 fiscal year only, moneys in the
 1092  Conservation and Recreation Lands Trust Fund may be transferred
 1093  to the Florida Forever Trust Fund for the Florida Forever
 1094  program and to the Save Our Everglades Trust Fund to support
 1095  Everglades restoration projects included in the final report of
 1096  the Select Committee on Indian River Lagoon and Lake Okeechobee
 1097  Basin, dated November 8, 2013, pursuant to nonoperating budget
 1098  authority under s. 216.181(12). This subsection expires July 1,
 1099  2015.
 1100         (10)(12)(a) Beginning July 1, 1999, The Legislature may
 1101  expend shall make available sufficient funds annually from an
 1102  appropriate the Conservation and Recreation Lands trust fund to
 1103  the department for payment in lieu of taxes to qualifying
 1104  counties and local governments as defined in paragraph (b) for
 1105  all actual tax losses incurred as a result of board of trustees
 1106  acquisitions for state agencies under the Florida Forever
 1107  program or the former Florida Preservation 2000 program during
 1108  any year. Reserved funds not used for payments in lieu of taxes
 1109  in any year shall revert to the fund to be used for land
 1110  management in accordance with the provisions of this section.
 1111         (b) Payment in lieu of taxes shall be available:
 1112         1. To all counties that have a population of 150,000 or
 1113  fewer. Population levels shall be determined pursuant to s.
 1114  11.031.
 1115         2. To all local governments located in eligible counties.
 1116         3. To Glades County, where a privately owned and operated
 1117  prison leased to the state has recently been opened and where
 1118  privately owned and operated juvenile justice facilities leased
 1119  to the state have recently been constructed and opened, a
 1120  payment in lieu of taxes, in an amount that offsets the loss of
 1121  property tax revenue, which funds have already been appropriated
 1122  and allocated from the Department of Correction’s budget for the
 1123  purpose of reimbursing amounts equal to lost ad valorem taxes.
 1124         (c) If insufficient funds are available in any year to make
 1125  full payments to all qualifying counties and local governments,
 1126  such counties and local governments shall receive a pro rata
 1127  share of the moneys available.
 1128         (d) The payment amount shall be based on the average amount
 1129  of actual taxes paid on the property for the 3 years preceding
 1130  acquisition. Applications for payment in lieu of taxes shall be
 1131  made no later than January 31 of the year following acquisition.
 1132  No payment in lieu of taxes shall be made for properties which
 1133  were exempt from ad valorem taxation for the year immediately
 1134  preceding acquisition.
 1135         (e) If property which was subject to ad valorem taxation
 1136  was acquired by a tax-exempt entity for ultimate conveyance to
 1137  the state under this chapter, payment in lieu of taxes shall be
 1138  made for such property based upon the average amount of taxes
 1139  paid on the property for the 3 years prior to its being removed
 1140  from the tax rolls. The department shall certify to the
 1141  Department of Revenue those properties that may be eligible
 1142  under this provision. Once eligibility has been established,
 1143  that county or local government shall receive annual payments
 1144  for each tax loss until the qualifying county or local
 1145  government exceeds the population threshold pursuant to this
 1146  section.
 1147         (f) Payment in lieu of taxes pursuant to this subsection
 1148  shall be made annually to qualifying counties and local
 1149  governments after certification by the Department of Revenue
 1150  that the amounts applied for are reasonably appropriate, based
 1151  on the amount of actual taxes paid on the eligible property.
 1152  With the assistance of the local government requesting payment
 1153  in lieu of taxes, the state agency that acquired the land is
 1154  responsible for preparing and submitting application requests
 1155  for payment to the Department of Revenue for certification.
 1156         (g) If the board of trustees conveys to a local government
 1157  title to any land owned by the board, any payments in lieu of
 1158  taxes on the land made to the local government shall be
 1159  discontinued as of the date of the conveyance.
 1160  
 1161  For the purposes of this subsection, “local government” includes
 1162  municipalities, the county school board, mosquito control
 1163  districts, and any other local government entity which levies ad
 1164  valorem taxes, with the exception of a water management
 1165  district.
 1166         (13) Moneys credited to the fund each year which are not
 1167  used for management, maintenance, or capital improvements
 1168  pursuant to subsection (11); for payment in lieu of taxes
 1169  pursuant to subsection (12); or for the purposes of subsection
 1170  (5), shall be available for the acquisition of land pursuant to
 1171  this section.
 1172         (11)(14) The board of trustees may adopt rules to further
 1173  define the categories of land for acquisition under this
 1174  chapter.
 1175         (12)(15) Within 90 days after receiving a certified letter
 1176  from the owner of a property on the Conservation and Recreation
 1177  Lands list or the priority list established pursuant to s.
 1178  259.105 objecting to the property being included in an
 1179  acquisition project, where such property is a project or part of
 1180  a project which has not been listed for purchase in the current
 1181  year’s land acquisition work plan, the board of trustees shall
 1182  delete the property from the list or from the boundary of an
 1183  acquisition project on the list.
 1184         Section 18. Subsections (3), (4), and (6) of section
 1185  259.035, Florida Statutes, are amended to read:
 1186         259.035 Acquisition and Restoration Council.—
 1187         (3) The council shall provide assistance to the board of
 1188  trustees in reviewing the recommendations and plans for state
 1189  owned lands required under s. 253.034 and chapter 259 ss.
 1190  253.034 and 259.032. The council shall, in reviewing such
 1191  recommendations and plans, consider the optimization of
 1192  multiple-use and conservation strategies to accomplish the
 1193  provisions funded pursuant to former s. 259.101(3)(a), Florida
 1194  Statutes 2014, and to s. 259.105(3)(b) ss. 259.101(3)(a) and
 1195  259.105(3)(b).
 1196         (4)(a) The council may use existing rules adopted by the
 1197  board of trustees, until it develops and recommends amendments
 1198  to those rules, to competitively evaluate, select, and rank
 1199  projects eligible for the Conservation and Recreation Lands list
 1200  pursuant to ss. 259.032(3) and 259.101(4).
 1201         (a)(b) By January 1, 2017 December 1, 2009, the Acquisition
 1202  and Restoration Council shall develop rules defining specific
 1203  criteria and numeric performance measures needed for lands that
 1204  are to be acquired for public purpose with funds deposited into
 1205  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 1206  the State Constitution under the Florida Forever program
 1207  pursuant to s. 259.105. Each recipient of Florida Forever funds
 1208  shall assist the council in the development of such rules. These
 1209  rules shall be reviewed and adopted by the board, then submitted
 1210  to the Legislature for consideration by February 1, 2017 2010.
 1211  The Legislature may reject, modify, or take no action relative
 1212  to the proposed rules. If no action is taken, the rules shall be
 1213  implemented. Subsequent to their approval, each recipient of
 1214  Florida Forever funds from the Land Acquisition Trust Fund shall
 1215  annually report to the Division of State Lands on each of the
 1216  numeric performance measures accomplished during the previous
 1217  fiscal year.
 1218         (b)(c) In developing or amending rules, the council shall
 1219  give weight to the criteria included in s. 259.105(10). The
 1220  board of trustees shall review the recommendations and shall
 1221  adopt rules necessary to administer this section.
 1222         (6) The proposal for a project pursuant to this section or
 1223  s. 259.105(3)(b) may be implemented only if adopted by the
 1224  council and approved by the board of trustees. The council shall
 1225  consider and evaluate in writing the merits and demerits of each
 1226  project that is proposed for acquisition using funds available
 1227  pursuant to s. 28, Art. X of the State Constitution Conservation
 1228  and Recreation Lands, Florida Preservation 2000, or Florida
 1229  Forever funding and shall ensure that each proposed project
 1230  meets the requirements of s. 28, Art. X of the State
 1231  Constitution will meet a stated public purpose for the
 1232  restoration, conservation, or preservation of environmentally
 1233  sensitive lands and water areas or for providing outdoor
 1234  recreational opportunities. The council also shall determine
 1235  whether the project conforms, where applicable, with the
 1236  comprehensive plan developed pursuant to s. 259.04(1)(a), the
 1237  comprehensive multipurpose outdoor recreation plan developed
 1238  pursuant to s. 375.021, the state lands management plan adopted
 1239  pursuant to s. 253.03(7), the water resources work plans
 1240  developed pursuant to s. 373.199, and the provisions of s.
 1241  259.032, s. 259.101, or s. 259.105, whichever is applicable.
 1242         Section 19. Subsection (4) of section 259.036, Florida
 1243  Statutes, is amended to read:
 1244         259.036 Management review teams.—
 1245         (4) In the event a land management plan has not been
 1246  adopted within the timeframes specified in s. 259.032(8) s.
 1247  259.032(10), the department may direct a management review of
 1248  the property, to be conducted by the land management review
 1249  team. The review shall consider the extent to which the land is
 1250  being managed for the purposes for which it was acquired and the
 1251  degree to which actual management practices are in compliance
 1252  with the management policy statement and management prospectus
 1253  for that property.
 1254         Section 20. Paragraph (b) of subsection (3) of section
 1255  259.037, Florida Statutes, is amended to read:
 1256         259.037 Land Management Uniform Accounting Council.—
 1257         (3)
 1258         (b) Each reporting agency shall also:
 1259         1. Include a report of the available public use
 1260  opportunities for each management unit of state land, the total
 1261  management cost for public access and public use, and the cost
 1262  associated with each use option.
 1263         2. List the acres of land requiring minimal management
 1264  effort, moderate management effort, and significant management
 1265  effort pursuant to s. 259.032(9)(c) former s. 259.032(11)(c).
 1266  For each category created in paragraph (a), the reporting agency
 1267  shall include the amount of funds requested, the amount of funds
 1268  received, and the amount of funds expended for land management.
 1269         3. List acres managed and cost of management for each park,
 1270  preserve, forest, reserve, or management area.
 1271         4. List acres managed, cost of management, and lead manager
 1272  for each state lands management unit for which secondary
 1273  management activities were provided.
 1274         5. Include a report of the estimated calculable financial
 1275  benefits to the public for the ecosystem services provided by
 1276  conservation lands, based on the best readily available
 1277  information or science that provides a standard measurement
 1278  methodology to be consistently applied by the land managing
 1279  agencies. Such information may include, but need not be limited
 1280  to, the value of natural lands for protecting the quality and
 1281  quantity of drinking water through natural water filtration and
 1282  recharge, contributions to protecting and improving air quality,
 1283  benefits to agriculture through increased soil productivity and
 1284  preservation of biodiversity, and savings to property and lives
 1285  through flood control.
 1286         Section 21. Subsection (1) of section 259.04, Florida
 1287  Statutes, is amended to read:
 1288         259.04 Board; powers and duties.—
 1289         (1) For projects and acquisitions selected for purchase
 1290  pursuant to ss. 259.035, 259.101, and 259.105:
 1291         (a) The board is given the responsibility, authority, and
 1292  power to develop and execute a comprehensive, statewide 5-year
 1293  plan to conserve, restore, and protect environmentally
 1294  endangered lands, ecosystems, lands necessary for outdoor
 1295  recreational needs, and other lands as identified in ss.
 1296  259.032, 259.101, and 259.105. This plan shall be kept current
 1297  through continual reevaluation and revision. The advisory
 1298  council or its successor shall assist the board in the
 1299  development, reevaluation, and revision of the plan.
 1300         (b) The board may enter into contracts with the government
 1301  of the United States or any agency or instrumentality thereof;
 1302  the state or any county, municipality, district authority, or
 1303  political subdivision; or any private corporation, partnership,
 1304  association, or person providing for or relating to the
 1305  conservation or protection of certain lands in accomplishing the
 1306  purposes of this chapter.
 1307         (c) Within 45 days after the advisory council or its
 1308  successor submits the lists of projects to the board, the board
 1309  shall approve, in whole or in part, the lists of projects in the
 1310  order of priority in which such projects are presented. To the
 1311  greatest extent practicable, projects on the lists shall be
 1312  acquired in their approved order of priority.
 1313         (d) The board is authorized to acquire, by purchase, gift,
 1314  or devise or otherwise, the fee title or any lesser interest of
 1315  lands, water areas, and related resources for environmentally
 1316  endangered lands.
 1317         Section 22. Paragraphs (a) and (b) of subsection (11) and
 1318  subsection (15) of section 259.041, Florida Statutes, are
 1319  amended to read:
 1320         259.041 Acquisition of state-owned lands for preservation,
 1321  conservation, and recreation purposes.—
 1322         (11)(a) The Legislature finds that, with the increasing
 1323  pressures on the natural areas of this state and on open space
 1324  suitable for recreational use, the state must develop creative
 1325  techniques to maximize the use of acquisition and management
 1326  funds. The Legislature also finds that the state’s conservation
 1327  and recreational land acquisition agencies should be encouraged
 1328  to augment their traditional, fee simple acquisition programs
 1329  with the use of alternatives to fee simple acquisition
 1330  techniques. Additionally, the Legislature finds that generations
 1331  of private landowners have been good stewards of their land,
 1332  protecting or restoring native habitats and ecosystems to the
 1333  benefit of the natural resources of this state, its heritage,
 1334  and its citizens. The Legislature also finds that using
 1335  alternatives to fee simple acquisition by public land
 1336  acquisition agencies will achieve the following public policy
 1337  goals:
 1338         1. Allow more lands to be brought under public protection
 1339  for preservation, conservation, and recreational purposes with
 1340  less expenditure of public funds.
 1341         2. Retain, on local government tax rolls, some portion of
 1342  or interest in lands which are under public protection.
 1343         3. Reduce long-term management costs by allowing private
 1344  property owners to continue acting as stewards of their land,
 1345  where appropriate.
 1346  
 1347  Therefore, it is the intent of the Legislature that public land
 1348  acquisition agencies develop programs to pursue alternatives to
 1349  fee simple acquisition and to educate private landowners about
 1350  such alternatives and the benefits of such alternatives. It is
 1351  also the intent of the Legislature that a portion of the shares
 1352  of Preservation 2000 and Florida Forever bond proceeds be used
 1353  to purchase eligible properties using alternatives to fee simple
 1354  acquisition.
 1355         (b) All project applications shall identify, within their
 1356  acquisition plans, projects that require a full fee simple
 1357  interest to achieve the public policy goals, together with the
 1358  reasons full title is determined to be necessary. The state
 1359  agencies and the water management districts may use alternatives
 1360  to fee simple acquisition to bring the remaining projects in
 1361  their acquisition plans under public protection. For the
 1362  purposes of this subsection, the term “alternatives to fee
 1363  simple acquisition” includes, but is not limited to: purchase of
 1364  development rights; obtaining conservation easements; obtaining
 1365  flowage easements; purchase of timber rights, mineral rights, or
 1366  hunting rights; purchase of agricultural interests or
 1367  silvicultural interests; entering into land protection
 1368  agreements as defined in s. 380.0677(3); fee simple acquisitions
 1369  with reservations; creating life estates; or any other
 1370  acquisition technique that achieves the public policy goals
 1371  listed in paragraph (a). It is presumed that a private landowner
 1372  retains the full range of uses for all the rights or interests
 1373  in the landowner’s land which are not specifically acquired by
 1374  the public agency. The lands upon which hunting rights are
 1375  specifically acquired pursuant to this paragraph shall be
 1376  available for hunting in accordance with the management plan or
 1377  hunting regulations adopted by the Florida Fish and Wildlife
 1378  Conservation Commission, unless the hunting rights are purchased
 1379  specifically to protect activities on adjacent lands.
 1380         (15) The board of trustees, by an affirmative vote of at
 1381  least three of its members, may direct the department to
 1382  purchase lands on an immediate basis using up to 15 percent of
 1383  the funds allocated to the department pursuant to s. 259.105 ss.
 1384  259.101(3)(a) and 259.105 for the acquisition of lands that:
 1385         (a) Are listed or placed at auction by the Federal
 1386  Government as part of the Resolution Trust Corporation sale of
 1387  lands from failed savings and loan associations;
 1388         (b) Are listed or placed at auction by the Federal
 1389  Government as part of the Federal Deposit Insurance Corporation
 1390  sale of lands from failed banks; or
 1391         (c) Will be developed or otherwise lost to potential public
 1392  ownership, or for which federal matching funds will be lost, by
 1393  the time the land can be purchased under the program within
 1394  which the land is listed for acquisition.
 1395  
 1396  For such acquisitions, the board of trustees may waive or modify
 1397  all procedures required for land acquisition pursuant to this
 1398  chapter and all competitive bid procedures required pursuant to
 1399  chapters 255 and 287. Lands acquired pursuant to this subsection
 1400  must, at the time of purchase, be on one of the acquisition
 1401  lists established pursuant to this chapter, or be essential for
 1402  water resource development, protection, or restoration, or a
 1403  significant portion of the lands must contain natural
 1404  communities or plant or animal species that which are listed by
 1405  the Florida Natural Areas Inventory as critically imperiled,
 1406  imperiled, or rare, or as excellent quality occurrences of
 1407  natural communities.
 1408         Section 23. Section 259.101, Florida Statutes, is amended
 1409  to read:
 1410         259.101 Florida Preservation 2000 Act.—
 1411         (1) SHORT TITLE.—This section may be cited as the “Florida
 1412  Preservation 2000 Act.”
 1413         (2) LEGISLATIVE FINDINGS.—The Legislature finds and
 1414  declares that:
 1415         (a) The alteration and development of Florida’s natural
 1416  areas to accommodate its rapidly growing population have
 1417  contributed to the degradation of water resources, the
 1418  fragmentation and destruction of wildlife habitats, the loss of
 1419  recreation space, and the diminishment of wetlands and forests.
 1420         (b) Imminent development of Florida’s remaining natural
 1421  areas and continuing increases in land values necessitate an
 1422  aggressive program of public land acquisition during the next
 1423  decade to preserve the quality of life that attracts so many
 1424  people to Florida.
 1425         (c) Acquisition of public lands, in fee simple or in any
 1426  lesser interest, should be based on a comprehensive assessment
 1427  of Florida’s natural resources and planned so as to protect the
 1428  integrity of ecological systems and to provide multiple
 1429  benefits, including preservation of fish and wildlife habitat,
 1430  recreation space, and water recharge areas. Governmental
 1431  agencies responsible for public land acquisition should work
 1432  together to purchase lands jointly and to coordinate individual
 1433  purchases within ecological systems.
 1434         (d) One of the purposes of the Florida Communities Trust
 1435  program is to acquire, protect, and preserve open space and
 1436  recreation properties within urban areas where pristine animal
 1437  and plant communities no longer exist. These areas are often
 1438  overlooked in other programs because of their smaller size and
 1439  proximity to developed property. These smaller parcels are,
 1440  however, critically important to the quality of life in these
 1441  urban areas for the residents who live there as well as to the
 1442  many visitors to the state. The trust shall consider projects
 1443  submitted by local governments which further the goals,
 1444  objectives, and policies of the conservation, recreation and
 1445  open space, or coastal elements of their local comprehensive
 1446  plans or which serve to conserve natural resources or resolve
 1447  land use conflicts.
 1448         (e) South Florida’s water supply and unique natural
 1449  environment depend on the protection of lands buffering the East
 1450  Everglades and the Everglades water conservation areas.
 1451  
 1452  In addition, the Legislature recognizes the conflicting desires
 1453  of the citizens of this state to prosper through economic
 1454  development and to preserve the natural areas of Florida that
 1455  development threatens to claim. The Legislature further
 1456  recognizes the urgency of acquiring natural areas in the state
 1457  for preservation, yet acknowledges the difficulty of ensuring
 1458  adequate funding for accelerated acquisition in light of other
 1459  equally critical financial needs of the state. It is the
 1460  Legislature’s desire and intent to fund the implementation of
 1461  the Florida Preservation 2000 Act for each of the 10 years of
 1462  the program’s duration and to do so in a fiscally responsible
 1463  manner.
 1464         (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION
 1465  2000 BONDS LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the
 1466  costs of issuance, the costs of funding reserve accounts, and
 1467  other costs with respect to the bonds, the proceeds of bonds
 1468  issued pursuant to this act shall be deposited into the Florida
 1469  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1470  year 2000-2001, for each Florida Preservation 2000 program
 1471  described in paragraphs (a)-(g), that portion of each program’s
 1472  total remaining cash balance which, as of June 30, 2000, is in
 1473  excess of that program’s total remaining appropriation balances
 1474  shall be redistributed by the department and deposited into the
 1475  Save Our Everglades Trust Fund for land acquisition. For
 1476  purposes of calculating the total remaining cash balances for
 1477  this redistribution, the Florida Preservation 2000 Series 2000
 1478  bond proceeds, including interest thereon, and the fiscal year
 1479  1999-2000 General Appropriations Act amounts shall be deducted
 1480  from the remaining cash and appropriation balances,
 1481  respectively. The remaining proceeds shall be distributed by the
 1482  Department of Environmental Protection in the following manner:
 1483         (a) Fifty percent to the Department of Environmental
 1484  Protection for the purchase of public lands as described in s.
 1485  259.032. Of this 50 percent, at least one-fifth shall be used
 1486  for the acquisition of coastal lands.
 1487         (b) Thirty percent to the Department of Environmental
 1488  Protection for the purchase of water management lands pursuant
 1489  to s. 373.59, to be distributed among the water management
 1490  districts as provided in that section. Funds received by each
 1491  district may also be used for acquisition of lands necessary to
 1492  implement surface water improvement and management plans or for
 1493  acquisition of lands necessary to implement the Everglades
 1494  Construction Project authorized by s. 373.4592.
 1495         (c) Ten percent to the Department of Environmental
 1496  Protection to provide land acquisition grants and loans to local
 1497  governments through the Florida Communities Trust pursuant to
 1498  part III of chapter 380. From funds allocated to the trust, $3
 1499  million annually shall be used by the Division of State Lands
 1500  within the Department of Environmental Protection to implement
 1501  the Green Swamp Land Protection Initiative specifically for the
 1502  purchase of conservation easements, as defined in s.
 1503  380.0677(3), of lands, or severable interests or rights in
 1504  lands, in the Green Swamp Area of Critical State Concern. From
 1505  funds allocated to the trust, $3 million annually shall be used
 1506  by the Monroe County Comprehensive Plan Land Authority
 1507  specifically for the purchase of a real property interest in
 1508  those lands subject to the Rate of Growth Ordinances adopted by
 1509  local governments in Monroe County or those lands within the
 1510  boundary of an approved Conservation and Recreation Lands
 1511  project located within the Florida Keys or Key West Areas of
 1512  Critical State Concern; however, title to lands acquired within
 1513  the boundary of an approved Conservation and Recreation Lands
 1514  project may, in accordance with an approved joint acquisition
 1515  agreement, vest in the Board of Trustees of the Internal
 1516  Improvement Trust Fund. Of the remaining funds, one-half shall
 1517  be matched by local governments on a dollar-for-dollar basis. To
 1518  the extent allowed by federal requirements for the use of bond
 1519  proceeds, the trust shall expend Preservation 2000 funds to
 1520  carry out the purposes of part III of chapter 380.
 1521         (d) Two and nine-tenths percent to the Department of
 1522  Environmental Protection for the purchase of inholdings and
 1523  additions to state parks. For the purposes of this paragraph,
 1524  “state park” means all real property in the state under the
 1525  jurisdiction of the Division of Recreation and Parks of the
 1526  department, or which may come under its jurisdiction.
 1527         (e) Two and nine-tenths percent to the Florida Forest
 1528  Service of the Department of Agriculture and Consumer Services
 1529  to fund the acquisition of state forest inholdings and additions
 1530  pursuant to s. 589.07.
 1531         (f) Two and nine-tenths percent to the Fish and Wildlife
 1532  Conservation Commission to fund the acquisition of inholdings
 1533  and additions to lands managed by the commission which are
 1534  important to the conservation of fish and wildlife.
 1535         (g) One and three-tenths percent to the Department of
 1536  Environmental Protection for the Florida Greenways and Trails
 1537  Program, to acquire greenways and trails or greenways and trails
 1538  systems pursuant to chapter 260, including, but not limited to,
 1539  abandoned railroad rights-of-way and the Florida National Scenic
 1540  Trail.
 1541  
 1542  Local governments may use federal grants or loans, private
 1543  donations, or environmental mitigation funds, including
 1544  environmental mitigation funds required pursuant to s. 338.250,
 1545  for any part or all of any local match required for the purposes
 1546  described in this subsection. Bond proceeds allocated pursuant
 1547  to paragraph (c) may be used to purchase lands on the priority
 1548  lists developed pursuant to s. 259.035. Title to lands purchased
 1549  pursuant to former paragraphs (a), (d), (e), (f), or and (g) of
 1550  this subsection, Florida Statutes 2014, shall be vested in the
 1551  Board of Trustees of the Internal Improvement Trust Fund. Title
 1552  to lands purchased pursuant to former paragraph (c) of this
 1553  subsection, Florida Statutes 2014, may be vested in the Board of
 1554  Trustees of the Internal Improvement Trust Fund. The board of
 1555  trustees shall hold title to land protection agreements and
 1556  conservation easements that were or will be acquired pursuant to
 1557  former s. 380.0677, Florida Statutes 2014, and the Southwest
 1558  Florida Water Management District and the St. Johns River Water
 1559  Management District shall monitor such agreements and easements
 1560  within their respective districts until the state assumes this
 1561  responsibility.
 1562         (4) PROJECT CRITERIA.—
 1563         (a) Proceeds of bonds issued pursuant to this act and
 1564  distributed pursuant to paragraphs (3)(a) and (b) shall be spent
 1565  only on projects which meet at least one of the following
 1566  criteria, as determined pursuant to paragraphs (b) and (c):
 1567         1. A significant portion of the land in the project is in
 1568  imminent danger of development, in imminent danger of loss of
 1569  its significant natural attributes, or in imminent danger of
 1570  subdivision which will result in multiple ownership and may make
 1571  acquisition of the project more costly or less likely to be
 1572  accomplished;
 1573         2. Compelling evidence exists that the land is likely to be
 1574  developed during the next 12 months, or appraisals made during
 1575  the past 5 years indicate an escalation in land value at an
 1576  average rate that exceeds the average rate of interest likely to
 1577  be paid on the bonds;
 1578         3. A significant portion of the land in the project serves
 1579  to protect or recharge groundwater and to protect other valuable
 1580  natural resources or provide space for natural resource based
 1581  recreation;
 1582         4. The project can be purchased at 80 percent of appraised
 1583  value or less;
 1584         5. A significant portion of the land in the project serves
 1585  as habitat for endangered, threatened, or rare species or serves
 1586  to protect natural communities which are listed by the Florida
 1587  Natural Areas Inventory as critically imperiled, imperiled, or
 1588  rare, or as excellent quality occurrences of natural
 1589  communities; or
 1590         6. A significant portion of the land serves to preserve
 1591  important archaeological or historical sites.
 1592         (b) Each year that bonds are to be issued pursuant to this
 1593  act, the Land Acquisition and Management Advisory Council shall
 1594  review that year’s approved Conservation and Recreation Lands
 1595  priority list and shall, by the first board meeting in February,
 1596  present to the Board of Trustees of the Internal Improvement
 1597  Trust Fund for approval a listing of projects on the list which
 1598  meet one or more of the criteria listed in paragraph (a). The
 1599  board may remove projects from the list developed pursuant to
 1600  this paragraph, but may not add projects.
 1601         (c) Each year that bonds are to be issued pursuant to this
 1602  act, each water management district governing board shall review
 1603  the lands on its current year’s Save Our Rivers 5-year plan and
 1604  shall, by January 15, adopt a listing of projects from the plan
 1605  which meet one or more of the criteria listed in paragraph (a).
 1606         (d) In the acquisition of coastal lands pursuant to
 1607  paragraph (3)(a), the following additional criteria shall also
 1608  be considered:
 1609         1. The value of acquiring coastal high-hazard parcels,
 1610  consistent with hazard mitigation and postdisaster redevelopment
 1611  policies, in order to minimize the risk to life and property and
 1612  to reduce the need for future disaster assistance.
 1613         2. The value of acquiring beachfront parcels, irrespective
 1614  of size, to provide public access and recreational opportunities
 1615  in highly developed urban areas.
 1616         3. The value of acquiring identified parcels the
 1617  development of which would adversely affect coastal resources.
 1618  
 1619  When a nonprofit environmental organization which is tax-exempt
 1620  pursuant to s. 501(c)(3) of the United States Internal Revenue
 1621  Code sells land to the state, such land at the time of such sale
 1622  shall be deemed to meet one or more of the criteria listed in
 1623  paragraph (a) if such land meets one or more of the criteria at
 1624  the time the organization purchases it. Listings of projects
 1625  compiled pursuant to paragraphs (b) and (c) may be revised to
 1626  include projects on the Conservation and Recreation Lands
 1627  priority list or in a water management district’s 5-year plan
 1628  which come under the criteria in paragraph (a) after the dates
 1629  specified in paragraph (b) or paragraph (c). The requirement of
 1630  paragraph (3)(a) regarding coastal lands is met as long as an
 1631  average of one-fifth of the cumulative proceeds allocated
 1632  through fiscal year 1999-2000 pursuant to that paragraph is used
 1633  to purchase coastal lands.
 1634         (e) The Legislature finds that the Florida Preservation
 1635  2000 Program has provided financial resources that have enabled
 1636  the acquisition of significant amounts of land for public
 1637  ownership in the first 7 years of the program’s existence. In
 1638  the remaining years of the Florida Preservation 2000 Program,
 1639  agencies that receive funds are encouraged to better coordinate
 1640  their expenditures so that future acquisitions, when combined
 1641  with previous acquisitions, will form more complete patterns of
 1642  protection for natural areas and functioning ecosystems to
 1643  better accomplish the intent of paragraph (2)(c).
 1644         (f) The Legislature intends that, in the remaining years of
 1645  the Florida Preservation 2000 Program, emphasis be given to the
 1646  completion of projects in which one or more parcels have already
 1647  been acquired and to the acquisition of lands containing
 1648  ecological resources which are either not represented or
 1649  underrepresented on lands currently in public ownership. The
 1650  Legislature also intends that future acquisitions under the
 1651  Florida Preservation 2000 Program be limited to projects on the
 1652  current project lists, or any additions to the list as
 1653  determined and prioritized by the study, or those projects that
 1654  can reasonably be expected to be acquired by the end of the
 1655  Florida Preservation 2000 Program.
 1656         (4) FLORIDA FOREST SERVICE FUND USE.— (5) Any funds
 1657  received by the Florida Forest Service from the Preservation
 1658  2000 Trust Fund pursuant to paragraph (3)(e) shall be used only
 1659  to pay the cost of the acquisition of lands in furtherance of
 1660  outdoor recreation and natural resources conservation in this
 1661  state. The administration and use of any funds received by the
 1662  Florida Forest Service from the Preservation 2000 Trust Fund
 1663  will be subject to such terms and conditions imposed thereon by
 1664  the agency of the state responsible for the issuance of the
 1665  revenue bonds, the proceeds of which are deposited in the
 1666  Preservation 2000 Trust Fund, including restrictions imposed to
 1667  ensure that the interest on any such revenue bonds issued by the
 1668  state as tax-exempt revenue bonds will not be included in the
 1669  gross income of the holders of such bonds for federal income tax
 1670  purposes. All deeds or leases with respect to any real property
 1671  acquired with Preservation 2000 funds must received by the
 1672  Florida Forest Service from the Preservation 2000 Trust Fund
 1673  shall contain sufficient such covenants and restrictions as are
 1674  sufficient to ensure that the use of such real property at all
 1675  times complies with s. 375.051 and s. 9, Art. XII of the 1968
 1676  Constitution of Florida; and shall contain reverter clauses
 1677  providing for the reversion of title to such property to the
 1678  Board of Trustees of the Internal Improvement Trust Fund or, in
 1679  the case of a lease of such property, providing for termination
 1680  of the lease upon a failure to use the property conveyed thereby
 1681  for such purposes.
 1682         (5)(6) DISPOSITION OF LANDS.—
 1683         (a) Any lands acquired pursuant to former paragraphs
 1684  paragraph (3)(a), paragraph (3)(c), paragraph (3)(d), paragraph
 1685  (3)(e), paragraph (3)(f), or paragraph (3)(g) of this section,
 1686  Florida Statutes 2014, if title to such lands is vested in the
 1687  Board of Trustees of the Internal Improvement Trust Fund, may be
 1688  disposed of by the Board of Trustees of the Internal Improvement
 1689  Trust Fund in accordance with the provisions and procedures set
 1690  forth in s. 253.034(6), and lands acquired pursuant to former
 1691  paragraph (3)(b) of this section, Florida Statutes 2014, may be
 1692  disposed of by the owning water management district in
 1693  accordance with the procedures and provisions set forth in ss.
 1694  373.056 and 373.089 provided such disposition also shall satisfy
 1695  the requirements of paragraphs (b) and (c).
 1696         (b) Before land acquired with Preservation 2000 funds may
 1697  be surplused as required by s. 253.034(6), or determined to be
 1698  no longer required for its purposes under s. 373.056(4), as
 1699  whichever may be applicable, there shall first be a
 1700  determination by the Board of Trustees of the Internal
 1701  Improvement Trust Fund, or, in the case of water management
 1702  district lands, by the owning water management district, that
 1703  such land no longer needs to be preserved in furtherance of the
 1704  intent of the Florida Preservation 2000 Act. Any lands eligible
 1705  to be disposed of under this procedure also may be used to
 1706  acquire other lands through an exchange of lands if, provided
 1707  such lands obtained in an exchange are described in the same
 1708  paragraph of former subsection (3) of this section, Florida
 1709  Statutes 2014, as the lands disposed.
 1710         (c) Notwithstanding paragraphs (a) and (b), no such
 1711  disposition of land shall be made if such disposition would have
 1712  the effect of causing all or any portion of the interest on any
 1713  revenue bonds issued to fund the Florida Preservation 2000 Act
 1714  to lose their exclusion from gross income for purposes of
 1715  federal income taxation. Any Revenue derived from the disposal
 1716  of such lands acquired with Preservation 2000 funds may not be
 1717  used for any purpose except for deposit into the Florida
 1718  Preservation 2000 Trust Fund, or the Florida Forever Trust Fund
 1719  within the Department of Environmental Protection, for recredit
 1720  to the share held under former subsection (3) of this section,
 1721  Florida Statutes 2014, in which such disposed land is described.
 1722         (6)(7) ALTERNATE USES OF ACQUIRED LANDS.—
 1723         (a) The Board of Trustees of the Internal Improvement Trust
 1724  Fund, or, in the case of water management district lands, the
 1725  owning water management district, may authorize the granting of
 1726  a lease, easement, or license for the use of any lands acquired
 1727  pursuant to former subsection (3) of this section, Florida
 1728  Statutes 2014, for any governmental use permitted by s. 17, Art.
 1729  IX of the State Constitution of 1885, as adopted by s. 9(a),
 1730  Art. XII of the State Constitution, and any other incidental
 1731  public or private use that is determined by the board or the
 1732  owning water management district to be compatible with the
 1733  purposes for which such lands were acquired.
 1734         (b) Any existing lease, easement, or license acquired for
 1735  incidental public or private use on, under, or across any lands
 1736  acquired pursuant to former subsection (3) of this section,
 1737  Florida Statutes 2014, shall be presumed not to be incompatible
 1738  with the purposes for which such lands were acquired.
 1739         (c) Notwithstanding the provisions of paragraph (a), no
 1740  such lease, easement, or license shall be entered into by the
 1741  Department of Environmental Protection or other appropriate
 1742  state agency if the granting of such lease, easement, or license
 1743  would adversely affect the exclusion of the interest on any
 1744  revenue bonds issued to fund the acquisition of the affected
 1745  lands from gross income for federal income tax purposes, as
 1746  described in s. 375.045(4).
 1747         (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.— (8)
 1748         (a) The Legislature finds that, with the increasing
 1749  pressures on the natural areas of this state, the state must
 1750  develop creative techniques to maximize the use of acquisition
 1751  and management moneys. The Legislature also finds that the
 1752  state’s environmental land-buying agencies should be encouraged
 1753  to augment their traditional, fee simple acquisition programs
 1754  with the use of alternatives to fee simple acquisition
 1755  techniques. The Legislature also finds that using alternatives
 1756  to fee simple acquisition by public land-buying agencies will
 1757  achieve the following public policy goals:
 1758         1. Allow more lands to be brought under public protection
 1759  for preservation, conservation, and recreational purposes at
 1760  less expense using public funds.
 1761         2. Retain, on local government tax rolls, some portion of
 1762  or interest in lands that which are under public protection.
 1763         3. Reduce long-term management costs by allowing private
 1764  property owners to continue acting as stewards of the land, as
 1765  where appropriate.
 1766  
 1767  Therefore, it is the intent of the Legislature that public land
 1768  buying agencies develop programs to pursue alternatives to fee
 1769  simple acquisition and to educate private landowners about such
 1770  alternatives and the benefits of such alternatives. It also is
 1771  the intent of the Legislature that the department and the water
 1772  management districts spend a portion of their shares of
 1773  Preservation 2000 bond proceeds to purchase eligible properties
 1774  using alternatives to fee simple acquisition. Finally, it is the
 1775  intent of the Legislature that public agencies acquire lands in
 1776  fee simple for public access and recreational activities. Lands
 1777  protected using alternatives to fee simple acquisition
 1778  techniques may shall not be accessible to the public unless such
 1779  access is negotiated with and agreed to by the private
 1780  landowners who retain interests in such lands.
 1781         (b) The Land Acquisition Advisory Council and the water
 1782  management districts shall identify, within their 1997
 1783  acquisition plans, those projects that which require a full fee
 1784  simple interest to achieve the public policy goals, along with
 1785  the reasons why full title is determined to be necessary. The
 1786  council and the water management districts may use alternatives
 1787  to fee simple acquisition to bring the remaining projects in
 1788  their acquisition plans under public protection. For the
 1789  purposes of this subsection, the term “alternatives to fee
 1790  simple acquisition” includes the, but is not limited to:
 1791  purchase of development rights; conservation easements; flowage
 1792  easements; the purchase of timber rights, mineral rights, or
 1793  hunting rights; the purchase of agricultural interests or
 1794  silvicultural interests; land protection agreements; fee simple
 1795  acquisitions with reservations; or any other acquisition
 1796  technique that which achieves the public policy goals identified
 1797  listed in paragraph (a). It is presumed that a private landowner
 1798  retains the full range of uses for all the rights or interests
 1799  in the landowner’s land which are not specifically acquired by
 1800  the public agency. Life estates and fee simple acquisitions with
 1801  leaseback provisions do shall not qualify as an alternative to
 1802  fee simple acquisition under this subsection, although the
 1803  department and the districts are encouraged to use such
 1804  techniques if where appropriate.
 1805         (c) The department and each water management district shall
 1806  implement initiatives to use alternatives to fee simple
 1807  acquisition and to educate private landowners about such
 1808  alternatives. These initiatives must shall include at least two
 1809  acquisitions a year by the department and each water management
 1810  district utilizing alternatives to fee simple.
 1811         (d) The Legislature finds that the lack of direct sales
 1812  comparison information has served as an impediment to successful
 1813  implementation of alternatives to fee simple acquisition. It is
 1814  the intent of the Legislature that, in the absence of direct
 1815  comparable sales information, appraisals of alternatives to fee
 1816  simple acquisitions be based on the difference between the full
 1817  fee simple valuation and the value of the interests remaining
 1818  with the seller after acquisition.
 1819         (e) The public agency that which has been assigned
 1820  management responsibility shall inspect and monitor any less
 1821  than-fee-simple interest according to the terms of the purchase
 1822  agreement relating to such interest.
 1823         (f) The department and the water management districts may
 1824  enter into joint acquisition agreements to jointly fund the
 1825  purchase of lands using alternatives to fee simple techniques.
 1826         (8) PUBLIC RECREATIONAL USE.—An agency or water management
 1827  district that acquired lands using Preservation 2000 funds
 1828  distributed pursuant to former subsection (3) of this section,
 1829  Florida Statutes 2014, shall manage such lands to make them
 1830  available for public recreational use if the recreational use
 1831  does not interfere with the protection of natural resource
 1832  values. The agency or district may enter into an agreement with
 1833  the department or another appropriate state agency to transfer
 1834  management authority or lease to such agencies lands purchased
 1835  with Preservation 2000 funds for the purpose of managing the
 1836  lands to make them available for public recreational use. The
 1837  water management districts and the department shall take action
 1838  to control the growth of nonnative invasive plant species on
 1839  lands they manage which were purchased with Preservation 2000
 1840  funds.
 1841         Section 24. Section 259.105, Florida Statutes, is amended
 1842  to read:
 1843         259.105 The Florida Forever Act.—
 1844         (1) This section may be cited as the “Florida Forever Act.”
 1845         (2)(a) The Legislature finds and declares that:
 1846         1. Land acquisition programs have provided tremendous
 1847  financial resources for purchasing environmentally significant
 1848  lands to protect those lands from imminent development or
 1849  alteration, thereby ensuring present and future generations’
 1850  access to important waterways, open spaces, and recreation and
 1851  conservation lands.
 1852         2. The continued alteration and development of Florida’s
 1853  natural and rural areas to accommodate the state’s growing
 1854  population have contributed to the degradation of water
 1855  resources, the fragmentation and destruction of wildlife
 1856  habitats, the loss of outdoor recreation space, and the
 1857  diminishment of wetlands, forests, working landscapes, and
 1858  coastal open space.
 1859         3. The potential development of Florida’s remaining natural
 1860  areas and escalation of land values require government efforts
 1861  to restore, bring under public protection, or acquire lands and
 1862  water areas to preserve the state’s essential ecological
 1863  functions and invaluable quality of life.
 1864         4. It is essential to protect the state’s ecosystems by
 1865  promoting a more efficient use of land, to ensure opportunities
 1866  for viable agricultural activities on working lands, and to
 1867  promote vital rural and urban communities that support and
 1868  produce development patterns consistent with natural resource
 1869  protection.
 1870         5. Florida’s groundwater, surface waters, and springs are
 1871  under tremendous pressure due to population growth and economic
 1872  expansion and require special protection and restoration
 1873  efforts, including the protection of uplands and springsheds
 1874  that provide vital recharge to aquifer systems and are critical
 1875  to the protection of water quality and water quantity of the
 1876  aquifers and springs. To ensure that sufficient quantities of
 1877  water are available to meet the current and future needs of the
 1878  natural systems and citizens of the state, and assist in
 1879  achieving the planning goals of the department and the water
 1880  management districts, water resource development projects on
 1881  public lands, where compatible with the resource values of and
 1882  management objectives for the lands, are appropriate.
 1883         6. The needs of urban, suburban, and small communities in
 1884  Florida for high-quality outdoor recreational opportunities,
 1885  greenways, trails, and open space have not been fully met by
 1886  previous acquisition programs. Through such programs as the
 1887  Florida Communities Trust and the Florida Recreation Development
 1888  Assistance Program, the state shall place additional emphasis on
 1889  acquiring, protecting, preserving, and restoring open space,
 1890  ecological greenways, and recreation properties within urban,
 1891  suburban, and rural areas where pristine natural communities or
 1892  water bodies no longer exist because of the proximity of
 1893  developed property.
 1894         7. Many of Florida’s unique ecosystems, such as the Florida
 1895  Everglades, are facing ecological collapse due to Florida’s
 1896  burgeoning population growth and other economic activities. To
 1897  preserve these valuable ecosystems for future generations,
 1898  essential parcels of land must be acquired to facilitate
 1899  ecosystem restoration.
 1900         8. Access to public lands to support a broad range of
 1901  outdoor recreational opportunities and the development of
 1902  necessary infrastructure, where compatible with the resource
 1903  values of and management objectives for such lands, promotes an
 1904  appreciation for Florida’s natural assets and improves the
 1905  quality of life.
 1906         9. Acquisition of lands, in fee simple, less-than-fee
 1907  interest, or other techniques shall be based on a comprehensive
 1908  science-based assessment of Florida’s natural resources which
 1909  targets essential conservation lands by prioritizing all current
 1910  and future acquisitions based on a uniform set of data and
 1911  planned so as to protect the integrity and function of
 1912  ecological systems and working landscapes, and provide multiple
 1913  benefits, including preservation of fish and wildlife habitat,
 1914  recreation space for urban and rural areas, and the restoration
 1915  of natural water storage, flow, and recharge.
 1916         10. The state has embraced performance-based program
 1917  budgeting as a tool to evaluate the achievements of publicly
 1918  funded agencies, build in accountability, and reward those
 1919  agencies which are able to consistently achieve quantifiable
 1920  goals. While previous and existing state environmental programs
 1921  have achieved varying degrees of success, few of these programs
 1922  can be evaluated as to the extent of their achievements,
 1923  primarily because performance measures, standards, outcomes, and
 1924  goals were not established at the outset. Therefore, the Florida
 1925  Forever program shall be developed and implemented in the
 1926  context of measurable state goals and objectives.
 1927         11. The state must play a major role in the recovery and
 1928  management of its imperiled species through the acquisition,
 1929  restoration, enhancement, and management of ecosystems that can
 1930  support the major life functions of such species. It is the
 1931  intent of the Legislature to support local, state, and federal
 1932  programs that result in net benefit to imperiled species habitat
 1933  by providing public and private land owners meaningful
 1934  incentives for acquiring, restoring, managing, and repopulating
 1935  habitats for imperiled species. It is the further intent of the
 1936  Legislature that public lands, both existing and to be acquired,
 1937  identified by the lead land managing agency, in consultation
 1938  with the Florida Fish and Wildlife Conservation Commission for
 1939  animals or the Department of Agriculture and Consumer Services
 1940  for plants, as habitat or potentially restorable habitat for
 1941  imperiled species, be restored, enhanced, managed, and
 1942  repopulated as habitat for such species to advance the goals and
 1943  objectives of imperiled species management consistent with the
 1944  purposes for which such lands are acquired without restricting
 1945  other uses identified in the management plan. It is also the
 1946  intent of the Legislature that of the proceeds distributed
 1947  pursuant to subsection (3), additional consideration be given to
 1948  acquisitions that achieve a combination of conservation goals,
 1949  including the restoration, enhancement, management, or
 1950  repopulation of habitat for imperiled species. The Acquisition
 1951  and Restoration Council, in addition to the criteria in
 1952  subsection (9), shall give weight to projects that include
 1953  acquisition, restoration, management, or repopulation of habitat
 1954  for imperiled species. The term “imperiled species” as used in
 1955  this chapter and chapter 253, means plants and animals that are
 1956  federally listed under the Endangered Species Act, or state
 1957  listed by the Fish and Wildlife Conservation Commission or the
 1958  Department of Agriculture and Consumer Services.
 1959         a. As part of the state’s role, all state lands that have
 1960  imperiled species habitat shall include as a consideration in
 1961  management plan development the restoration, enhancement,
 1962  management, and repopulation of such habitats. In addition, the
 1963  lead land managing agency of such state lands may use fees
 1964  received from public or private entities for projects to offset
 1965  adverse impacts to imperiled species or their habitat in order
 1966  to restore, enhance, manage, repopulate, or acquire land and to
 1967  implement land management plans developed under s. 253.034 or a
 1968  land management prospectus developed and implemented under this
 1969  chapter. Such fees shall be deposited into a foundation or fund
 1970  created by each land management agency under s. 379.223, s.
 1971  589.012, or s. 259.032(9)(c) s. 259.032(11)(c), to be used
 1972  solely to restore, manage, enhance, repopulate, or acquire
 1973  imperiled species habitat.
 1974         b. Where habitat or potentially restorable habitat for
 1975  imperiled species is located on state lands, the Fish and
 1976  Wildlife Conservation Commission and the Department of
 1977  Agriculture and Consumer Services shall be included on any
 1978  advisory group required under chapter 253, and the short-term
 1979  and long-term management goals required under chapter 253 must
 1980  advance the goals and objectives of imperiled species management
 1981  consistent with the purposes for which the land was acquired
 1982  without restricting other uses identified in the management
 1983  plan.
 1984         12. There is a need to change the focus and direction of
 1985  the state’s major land acquisition programs and to extend
 1986  funding and bonding capabilities, so that future generations may
 1987  enjoy the natural resources of this state.
 1988         (b) The Legislature recognizes that acquisition of lands in
 1989  fee simple is only one way to achieve the aforementioned goals
 1990  and encourages the use of less-than-fee interests, other
 1991  techniques, and the development of creative partnerships between
 1992  governmental agencies and private landowners. Such partnerships
 1993  may include those that advance the restoration, enhancement,
 1994  management, or repopulation of imperiled species habitat on
 1995  state lands as provided for in subparagraph (a)11. Easements
 1996  acquired pursuant to s. 570.71(2)(a) and (b), land protection
 1997  agreements, and nonstate funded tools such as rural land
 1998  stewardship areas, sector planning, and mitigation should be
 1999  used, where appropriate, to bring environmentally sensitive
 2000  tracts under an acceptable level of protection at a lower
 2001  financial cost to the public, and to provide private landowners
 2002  with the opportunity to enjoy and benefit from their property.
 2003         (c) Public agencies or other entities that receive funds
 2004  under this section shall coordinate their expenditures so that
 2005  project acquisitions, when combined with acquisitions under
 2006  Florida Forever, Preservation 2000, Save Our Rivers, the Florida
 2007  Communities Trust, other public land acquisition programs, and
 2008  the techniques, partnerships, and tools referenced in
 2009  subparagraph (a)11. and paragraph (b), are used to form more
 2010  complete patterns of protection for natural areas, ecological
 2011  greenways, and functioning ecosystems, to better accomplish the
 2012  intent of this section.
 2013         (d) A long-term financial commitment to restoring,
 2014  enhancing, and managing Florida’s public lands in order to
 2015  implement land management plans developed under s. 253.034 or a
 2016  land management prospectus developed and implemented under this
 2017  chapter must accompany any land acquisition program to ensure
 2018  that the natural resource values of such lands are restored,
 2019  enhanced, managed, and protected; that the public enjoys the
 2020  lands to their fullest potential; and that the state achieves
 2021  the full benefits of its investment of public dollars.
 2022  Innovative strategies such as public-private partnerships and
 2023  interagency planning and sharing of resources shall be used to
 2024  achieve the state’s management goals.
 2025         (e) With limited dollars available for restoration,
 2026  enhancement, management, and acquisition of land and water areas
 2027  and for providing long-term management and capital improvements,
 2028  a competitive selection process shall select those projects best
 2029  able to meet the goals of Florida Forever and maximize the
 2030  efficient use of the program’s funding.
 2031         (f) To ensure success and provide accountability to the
 2032  citizens of this state, it is the intent of the Legislature that
 2033  any cash or bond proceeds used pursuant to this section be used
 2034  to implement the goals and objectives recommended by a
 2035  comprehensive science-based assessment and approved by the Board
 2036  of Trustees of the Internal Improvement Trust Fund and the
 2037  Legislature.
 2038         (g) As it has with previous land acquisition programs, the
 2039  Legislature recognizes the desires of the residents of this
 2040  state to prosper through economic development and to preserve,
 2041  restore, and manage the state’s natural areas and recreational
 2042  open space. The Legislature further recognizes the urgency of
 2043  restoring the natural functions, including wildlife and
 2044  imperiled species habitat functions, of public lands or water
 2045  bodies before they are degraded to a point where recovery may
 2046  never occur, yet acknowledges the difficulty of ensuring
 2047  adequate funding for restoration, enhancement, and management
 2048  efforts in light of other equally critical financial needs of
 2049  the state. It is the Legislature’s desire and intent to fund the
 2050  implementation of this section and to do so in a fiscally
 2051  responsible manner, by issuing bonds to be repaid with
 2052  documentary stamp tax or other revenue sources, including those
 2053  identified in subparagraph (a)11.
 2054         (h) The Legislature further recognizes the important role
 2055  that many of our state and federal military installations
 2056  contribute to protecting and preserving Florida’s natural
 2057  resources as well as our economic prosperity. Where the state’s
 2058  land conservation plans overlap with the military’s need to
 2059  protect lands, waters, and habitat to ensure the sustainability
 2060  of military missions, it is the Legislature’s intent that
 2061  agencies receiving funds under this program cooperate with our
 2062  military partners to protect and buffer military installations
 2063  and military airspace, by:
 2064         1. Protecting habitat on nonmilitary land for any species
 2065  found on military land that is designated as threatened or
 2066  endangered, or is a candidate for such designation under the
 2067  Endangered Species Act or any Florida statute;
 2068         2. Protecting areas underlying low-level military air
 2069  corridors or operating areas;
 2070         3. Protecting areas identified as clear zones, accident
 2071  potential zones, and air installation compatible use buffer
 2072  zones delineated by our military partners; and
 2073         4. Providing the military with technical assistance to
 2074  restore, enhance, and manage military land as habitat for
 2075  imperiled species or species designated as threatened or
 2076  endangered, or a candidate for such designation, and for the
 2077  recovery or reestablishment of such species.
 2078         (3) Less the costs of issuing and the costs of funding
 2079  reserve accounts and other costs associated with bonds, the
 2080  proceeds of cash payments or bonds issued pursuant to this
 2081  section shall be deposited into the Florida Forever Trust Fund
 2082  created by s. 259.1051. The proceeds shall be distributed by the
 2083  Department of Environmental Protection in the following manner:
 2084         (a) Thirty percent to the Department of Environmental
 2085  Protection for the acquisition of lands and capital project
 2086  expenditures necessary to implement the water management
 2087  districts’ priority lists developed pursuant to s. 373.199. The
 2088  funds are to be distributed to the water management districts as
 2089  provided in subsection (11). A minimum of 50 percent of the
 2090  total funds provided over the life of the Florida Forever
 2091  program pursuant to this paragraph shall be used for the
 2092  acquisition of lands.
 2093         (b) Thirty-five percent to the Department of Environmental
 2094  Protection for the acquisition of lands and capital project
 2095  expenditures described in this section. Of the proceeds
 2096  distributed pursuant to this paragraph, it is the intent of the
 2097  Legislature that an increased priority be given to those
 2098  acquisitions which achieve a combination of conservation goals,
 2099  including protecting Florida’s water resources and natural
 2100  groundwater recharge. At a minimum, 3 percent, and no more than
 2101  10 percent, of the funds allocated pursuant to this paragraph
 2102  shall be spent on capital project expenditures identified during
 2103  the time of acquisition which meet land management planning
 2104  activities necessary for public access.
 2105         (c) Twenty-one percent to the Department of Environmental
 2106  Protection for use by the Florida Communities Trust for the
 2107  purposes of part III of chapter 380, as described and limited by
 2108  this subsection, and grants to local governments or nonprofit
 2109  environmental organizations that are tax-exempt under s.
 2110  501(c)(3) of the United States Internal Revenue Code for the
 2111  acquisition of community-based projects, urban open spaces,
 2112  parks, and greenways to implement local government comprehensive
 2113  plans. From funds available to the trust and used for land
 2114  acquisition, 75 percent shall be matched by local governments on
 2115  a dollar-for-dollar basis. The Legislature intends that the
 2116  Florida Communities Trust emphasize funding projects in low
 2117  income or otherwise disadvantaged communities and projects that
 2118  provide areas for direct water access and water-dependent
 2119  facilities that are open to the public and offer public access
 2120  by vessels to waters of the state, including boat ramps and
 2121  associated parking and other support facilities. At least 30
 2122  percent of the total allocation provided to the trust shall be
 2123  used in Standard Metropolitan Statistical Areas, but one-half of
 2124  that amount shall be used in localities in which the project
 2125  site is located in built-up commercial, industrial, or mixed-use
 2126  areas and functions to intersperse open spaces within congested
 2127  urban core areas. From funds allocated to the trust, no less
 2128  than 5 percent shall be used to acquire lands for recreational
 2129  trail systems, provided that in the event these funds are not
 2130  needed for such projects, they will be available for other trust
 2131  projects. Local governments may use federal grants or loans,
 2132  private donations, or environmental mitigation funds, including
 2133  environmental mitigation funds required pursuant to s. 338.250,
 2134  for any part or all of any local match required for acquisitions
 2135  funded through the Florida Communities Trust. Any lands
 2136  purchased by nonprofit organizations using funds allocated under
 2137  this paragraph must provide for such lands to remain permanently
 2138  in public use through a reversion of title to local or state
 2139  government, conservation easement, or other appropriate
 2140  mechanism. Projects funded with funds allocated to the trust
 2141  shall be selected in a competitive process measured against
 2142  criteria adopted in rule by the trust.
 2143         (d) Two percent to the Department of Environmental
 2144  Protection for grants pursuant to s. 375.075.
 2145         (e) One and five-tenths percent to the Department of
 2146  Environmental Protection for the purchase of inholdings and
 2147  additions to state parks and for capital project expenditures as
 2148  described in this section. At a minimum, 1 percent, and no more
 2149  than 10 percent, of the funds allocated pursuant to this
 2150  paragraph shall be spent on capital project expenditures
 2151  identified during the time of acquisition which meet land
 2152  management planning activities necessary for public access. For
 2153  the purposes of this paragraph, “state park” means any real
 2154  property in the state which is under the jurisdiction of the
 2155  Division of Recreation and Parks of the department, or which may
 2156  come under its jurisdiction.
 2157         (f) One and five-tenths percent to the Florida Forest
 2158  Service of the Department of Agriculture and Consumer Services
 2159  to fund the acquisition of state forest inholdings and additions
 2160  pursuant to s. 589.07, the implementation of reforestation plans
 2161  or sustainable forestry management practices, and for capital
 2162  project expenditures as described in this section. At a minimum,
 2163  1 percent, and no more than 10 percent, of the funds allocated
 2164  for the acquisition of inholdings and additions pursuant to this
 2165  paragraph shall be spent on capital project expenditures
 2166  identified during the time of acquisition which meet land
 2167  management planning activities necessary for public access.
 2168         (g) One and five-tenths percent to the Fish and Wildlife
 2169  Conservation Commission to fund the acquisition of inholdings
 2170  and additions to lands managed by the commission which are
 2171  important to the conservation of fish and wildlife and for
 2172  capital project expenditures as described in this section. At a
 2173  minimum, 1 percent, and no more than 10 percent, of the funds
 2174  allocated pursuant to this paragraph shall be spent on capital
 2175  project expenditures identified during the time of acquisition
 2176  which meet land management planning activities necessary for
 2177  public access.
 2178         (h) One and five-tenths percent to the Department of
 2179  Environmental Protection for the Florida Greenways and Trails
 2180  Program, to acquire greenways and trails or greenways and trail
 2181  systems pursuant to chapter 260, including, but not limited to,
 2182  abandoned railroad rights-of-way and the Florida National Scenic
 2183  Trail and for capital project expenditures as described in this
 2184  section. At a minimum, 1 percent, and no more than 10 percent,
 2185  of the funds allocated pursuant to this paragraph shall be spent
 2186  on capital project expenditures identified during the time of
 2187  acquisition which meet land management planning activities
 2188  necessary for public access.
 2189         (i) Three and five-tenths percent to the Department of
 2190  Agriculture and Consumer Services for the acquisition of
 2191  agricultural lands, through perpetual conservation easements and
 2192  other perpetual less-than-fee techniques, which will achieve the
 2193  objectives of Florida Forever and s. 570.71. Rules concerning
 2194  the application, acquisition, and priority ranking process for
 2195  such easements shall be developed pursuant to s. 570.71(10) and
 2196  as provided by this paragraph. The board shall ensure that such
 2197  rules are consistent with the acquisition process provided for
 2198  in s. 259.041. Provisions of the rules developed pursuant to s.
 2199  570.71(10), shall also provide for the following:
 2200         1. An annual priority list shall be developed pursuant to
 2201  s. 570.71(10), submitted to the Acquisition and Restoration
 2202  Council for review, and approved by the board pursuant to s.
 2203  259.04.
 2204         2. Terms of easements and acquisitions proposed pursuant to
 2205  this paragraph shall be approved by the board and shall not be
 2206  delegated by the board to any other entity receiving funds under
 2207  this section.
 2208         3. All acquisitions pursuant to this paragraph shall
 2209  contain a clear statement that they are subject to legislative
 2210  appropriation.
 2211  
 2212  No funds provided under this paragraph shall be expended until
 2213  final adoption of rules by the board pursuant to s. 570.71.
 2214         (j) Two and five-tenths percent to the Department of
 2215  Environmental Protection for the acquisition of land and capital
 2216  project expenditures necessary to implement the Stan Mayfield
 2217  Working Waterfronts Program within the Florida Communities Trust
 2218  pursuant to s. 380.5105.
 2219         (k) It is the intent of the Legislature that cash payments
 2220  or proceeds of Florida Forever bonds distributed under this
 2221  section shall be expended in an efficient and fiscally
 2222  responsible manner. An agency that receives proceeds from
 2223  Florida Forever bonds under this section may not maintain a
 2224  balance of unencumbered funds in its Florida Forever subaccount
 2225  beyond 3 fiscal years from the date of deposit of funds from
 2226  each bond issue. Any funds that have not been expended or
 2227  encumbered after 3 fiscal years from the date of deposit shall
 2228  be distributed by the Legislature at its next regular session
 2229  for use in the Florida Forever program.
 2230         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2231  the agencies that receive the funds shall develop their
 2232  individual acquisition or restoration lists in accordance with
 2233  specific criteria and numeric performance measures developed
 2234  pursuant s. 259.035(4). Proposed additions may be acquired if
 2235  they are identified within the original project boundary, the
 2236  management plan required pursuant to s. 253.034(5), or the
 2237  management prospectus required pursuant to s. 259.032(7)(d) s.
 2238  259.032(9)(d). Proposed additions not meeting the requirements
 2239  of this paragraph shall be submitted to the Acquisition and
 2240  Restoration Council for approval. The council may only approve
 2241  the proposed addition if it meets two or more of the following
 2242  criteria: serves as a link or corridor to other publicly owned
 2243  property; enhances the protection or management of the property;
 2244  would add a desirable resource to the property; would create a
 2245  more manageable boundary configuration; has a high resource
 2246  value that otherwise would be unprotected; or can be acquired at
 2247  less than fair market value.
 2248         (m) Notwithstanding paragraphs (a)-(j) and for the 2014
 2249  2015 fiscal year only:
 2250         1. Five million dollars to the Department of Agriculture
 2251  and Consumer Services for the acquisition of agricultural lands
 2252  through perpetual conservation easements and other perpetual
 2253  less-than-fee techniques, which will achieve the objectives of
 2254  Florida Forever and s. 570.71.
 2255         2. The remaining moneys appropriated from the Florida
 2256  Forever Trust Fund shall be distributed only to the Division of
 2257  State Lands within the Department of Environmental Protection
 2258  for land acquisitions that are less-than-fee interest, for
 2259  partnerships in which the state’s portion of the acquisition
 2260  cost is no more than 50 percent, or for conservation lands
 2261  needed for military buffering or springs or water resources
 2262  protection.
 2263  
 2264  This paragraph expires July 1, 2015.
 2265         (4) Notwithstanding subsection (3) and for the 2014-2015
 2266  fiscal year only, the funds appropriated in section 56 of the
 2267  2014-2015 General Appropriations Act may be provided to water
 2268  management districts for land acquisitions, including less-than
 2269  fee interest, identified by water management districts as being
 2270  needed for water resource protection or ecosystem restoration.
 2271  This subsection expires July 1, 2015.
 2272         (4)(5) It is the intent of the Legislature that projects or
 2273  acquisitions funded pursuant to paragraphs (3)(a) and (b)
 2274  contribute to the achievement of the following goals, which
 2275  shall be evaluated in accordance with specific criteria and
 2276  numeric performance measures developed pursuant s. 259.035(4):
 2277         (a) Enhance the coordination and completion of land
 2278  acquisition projects, as measured by:
 2279         1. The number of acres acquired through the state’s land
 2280  acquisition programs that contribute to the enhancement of
 2281  essential natural resources, ecosystem service parcels, and
 2282  connecting linkage corridors as identified and developed by the
 2283  best available scientific analysis;
 2284         2. The number of acres protected through the use of
 2285  alternatives to fee simple acquisition; or
 2286         3. The number of shared acquisition projects among Florida
 2287  Forever funding partners and partners with other funding
 2288  sources, including local governments and the Federal Government.
 2289         (b) Increase the protection of Florida’s biodiversity at
 2290  the species, natural community, and landscape levels, as
 2291  measured by:
 2292         1. The number of acres acquired of significant strategic
 2293  habitat conservation areas;
 2294         2. The number of acres acquired of highest priority
 2295  conservation areas for Florida’s rarest species;
 2296         3. The number of acres acquired of significant landscapes,
 2297  landscape linkages, and conservation corridors, giving priority
 2298  to completing linkages;
 2299         4. The number of acres acquired of underrepresented native
 2300  ecosystems;
 2301         5. The number of landscape-sized protection areas of at
 2302  least 50,000 acres that exhibit a mosaic of predominantly intact
 2303  or restorable natural communities established through new
 2304  acquisition projects or augmentations to previous projects; or
 2305         6. The percentage increase in the number of occurrences of
 2306  imperiled species on publicly managed conservation areas.
 2307         (c) Protect, restore, and maintain the quality and natural
 2308  functions of land, water, and wetland systems of the state, as
 2309  measured by:
 2310         1. The number of acres of publicly owned land identified as
 2311  needing restoration, enhancement, and management, acres
 2312  undergoing restoration or enhancement, acres with restoration
 2313  activities completed, and acres managed to maintain such
 2314  restored or enhanced conditions; the number of acres which
 2315  represent actual or potential imperiled species habitat; the
 2316  number of acres which are available pursuant to a management
 2317  plan to restore, enhance, repopulate, and manage imperiled
 2318  species habitat; and the number of acres of imperiled species
 2319  habitat managed, restored, enhanced, repopulated, or acquired;
 2320         2. The percentage of water segments that fully meet,
 2321  partially meet, or do not meet their designated uses as reported
 2322  in the Department of Environmental Protection’s State Water
 2323  Quality Assessment 305(b) Report;
 2324         3. The percentage completion of targeted capital
 2325  improvements in surface water improvement and management plans
 2326  created under s. 373.453(2), regional or master stormwater
 2327  management system plans, or other adopted restoration plans;
 2328         4. The number of acres acquired that protect natural
 2329  floodplain functions;
 2330         5. The number of acres acquired that protect surface waters
 2331  of the state;
 2332         6. The number of acres identified for acquisition to
 2333  minimize damage from flooding and the percentage of those acres
 2334  acquired;
 2335         7. The number of acres acquired that protect fragile
 2336  coastal resources;
 2337         8. The number of acres of functional wetland systems
 2338  protected;
 2339         9. The percentage of miles of critically eroding beaches
 2340  contiguous with public lands that are restored or protected from
 2341  further erosion;
 2342         10. The percentage of public lakes and rivers in which
 2343  invasive, nonnative aquatic plants are under maintenance
 2344  control; or
 2345         11. The number of acres of public conservation lands in
 2346  which upland invasive, exotic plants are under maintenance
 2347  control.
 2348         (d) Ensure that sufficient quantities of water are
 2349  available to meet the current and future needs of natural
 2350  systems and the citizens of the state, as measured by:
 2351         1. The number of acres acquired which provide retention and
 2352  storage of surface water in naturally occurring storage areas,
 2353  such as lakes and wetlands, consistent with the maintenance of
 2354  water resources or water supplies and consistent with district
 2355  water supply plans;
 2356         2. The quantity of water made available through the water
 2357  resource development component of a district water supply plan
 2358  for which a water management district is responsible; or
 2359         3. The number of acres acquired of groundwater recharge
 2360  areas critical to springs, sinks, aquifers, other natural
 2361  systems, or water supply.
 2362         (e) Increase natural resource-based public recreational and
 2363  educational opportunities, as measured by:
 2364         1. The number of acres acquired that are available for
 2365  natural resource-based public recreation or education;
 2366         2. The miles of trails that are available for public
 2367  recreation, giving priority to those that provide significant
 2368  connections including those that will assist in completing the
 2369  Florida National Scenic Trail; or
 2370         3. The number of new resource-based recreation facilities,
 2371  by type, made available on public land.
 2372         (f) Preserve significant archaeological or historic sites,
 2373  as measured by:
 2374         1. The increase in the number of and percentage of historic
 2375  and archaeological properties listed in the Florida Master Site
 2376  File or National Register of Historic Places which are protected
 2377  or preserved for public use; or
 2378         2. The increase in the number and percentage of historic
 2379  and archaeological properties that are in state ownership.
 2380         (g) Increase the amount of forestland available for
 2381  sustainable management of natural resources, as measured by:
 2382         1. The number of acres acquired that are available for
 2383  sustainable forest management;
 2384         2. The number of acres of state-owned forestland managed
 2385  for economic return in accordance with current best management
 2386  practices;
 2387         3. The number of acres of forestland acquired that will
 2388  serve to maintain natural groundwater recharge functions; or
 2389         4. The percentage and number of acres identified for
 2390  restoration actually restored by reforestation.
 2391         (h) Increase the amount of open space available in urban
 2392  areas, as measured by:
 2393         1. The percentage of local governments that participate in
 2394  land acquisition programs and acquire open space in urban cores;
 2395  or
 2396         2. The percentage and number of acres of purchases of open
 2397  space within urban service areas.
 2398  
 2399  Florida Forever projects and acquisitions funded pursuant to
 2400  paragraph (3)(c) shall be measured by goals developed by rule by
 2401  the Florida Communities Trust Governing Board created in s.
 2402  380.504.
 2403         (5)(6)(a) All lands acquired pursuant to this section shall
 2404  be managed for multiple-use purposes, where compatible with the
 2405  resource values of and management objectives for such lands. As
 2406  used in this section, “multiple-use” includes, but is not
 2407  limited to, outdoor recreational activities as described in ss.
 2408  253.034 and 259.032(7)(b) 259.032(9)(b), water resource
 2409  development projects, sustainable forestry management, carbon
 2410  sequestration, carbon mitigation, or carbon offsets.
 2411         (b) Upon a decision by the entity in which title to lands
 2412  acquired pursuant to this section has vested, such lands may be
 2413  designated single use as defined in s. 253.034(2)(b).
 2414         (c) For purposes of this section, the Board of Trustees of
 2415  the Internal Improvement Trust Fund shall adopt rules that
 2416  pertain to the use of state lands for carbon sequestration,
 2417  carbon mitigation, or carbon offsets and that provide for
 2418  climate-change-related benefits.
 2419         (6)(7) As provided in this section, a water resource or
 2420  water supply development project may be allowed only if the
 2421  following conditions are met: minimum flows and levels have been
 2422  established for those waters, if any, which may reasonably be
 2423  expected to experience significant harm to water resources as a
 2424  result of the project; the project complies with all applicable
 2425  permitting requirements; and the project is consistent with the
 2426  regional water supply plan, if any, of the water management
 2427  district and with relevant recovery or prevention strategies if
 2428  required pursuant to s. 373.0421(2).
 2429         (7)(8)(a) Beginning no later than July 1, 2001, and every
 2430  year thereafter, the Acquisition and Restoration Council shall
 2431  accept applications from state agencies, local governments,
 2432  nonprofit and for-profit organizations, private land trusts, and
 2433  individuals for project proposals eligible for funding pursuant
 2434  to paragraph (3)(b). The council shall evaluate the proposals
 2435  received pursuant to this subsection to ensure that they meet at
 2436  least one of the criteria under subsection (8) (9).
 2437         (b) Project applications shall contain, at a minimum, the
 2438  following:
 2439         1. A minimum of two numeric performance measures that
 2440  directly relate to the overall goals adopted by the council.
 2441  Each performance measure shall include a baseline measurement,
 2442  which is the current situation; a performance standard which the
 2443  project sponsor anticipates the project will achieve; and the
 2444  performance measurement itself, which should reflect the
 2445  incremental improvements the project accomplishes towards
 2446  achieving the performance standard.
 2447         2. Proof that property owners within any proposed
 2448  acquisition have been notified of their inclusion in the
 2449  proposed project. Any property owner may request the removal of
 2450  such property from further consideration by submitting a request
 2451  to the project sponsor or the Acquisition and Restoration
 2452  Council by certified mail. Upon receiving this request, the
 2453  council shall delete the property from the proposed project;
 2454  however, the board of trustees, at the time it votes to approve
 2455  the proposed project lists pursuant to subsection (15) (16), may
 2456  add the property back on to the project lists if it determines
 2457  by a super majority of its members that such property is
 2458  critical to achieve the purposes of the project.
 2459         (c) The title to lands acquired under this section shall
 2460  vest in the Board of Trustees of the Internal Improvement Trust
 2461  Fund, except that title to lands acquired by a water management
 2462  district shall vest in the name of that district and lands
 2463  acquired by a local government shall vest in the name of the
 2464  purchasing local government.
 2465         (8)(9) The Acquisition and Restoration Council shall
 2466  develop a project list that shall represent those projects
 2467  submitted pursuant to subsection (6) (7).
 2468         (9)(10) The Acquisition and Restoration Council shall
 2469  recommend rules for adoption by the board of trustees to
 2470  competitively evaluate, select, and rank projects eligible for
 2471  Florida Forever funds pursuant to paragraph (3)(b) and for
 2472  additions to the Conservation and Recreation Lands list pursuant
 2473  to ss. 259.032 and 259.101(4). In developing these proposed
 2474  rules, the Acquisition and Restoration Council shall give weight
 2475  to the following criteria:
 2476         (a) The project meets multiple goals described in
 2477  subsection (4).
 2478         (b) The project is part of an ongoing governmental effort
 2479  to restore, protect, or develop land areas or water resources.
 2480         (c) The project enhances or facilitates management of
 2481  properties already under public ownership.
 2482         (d) The project has significant archaeological or historic
 2483  value.
 2484         (e) The project has funding sources that are identified and
 2485  assured through at least the first 2 years of the project.
 2486         (f) The project contributes to the solution of water
 2487  resource problems on a regional basis.
 2488         (g) The project has a significant portion of its land area
 2489  in imminent danger of development, in imminent danger of losing
 2490  its significant natural attributes or recreational open space,
 2491  or in imminent danger of subdivision which would result in
 2492  multiple ownership and make acquisition of the project costly or
 2493  less likely to be accomplished.
 2494         (h) The project implements an element from a plan developed
 2495  by an ecosystem management team.
 2496         (i) The project is one of the components of the Everglades
 2497  restoration effort.
 2498         (j) The project may be purchased at 80 percent of appraised
 2499  value.
 2500         (k) The project may be acquired, in whole or in part, using
 2501  alternatives to fee simple, including but not limited to, tax
 2502  incentives, mitigation funds, or other revenues; the purchase of
 2503  development rights, hunting rights, agricultural or
 2504  silvicultural rights, or mineral rights; or obtaining
 2505  conservation easements or flowage easements.
 2506         (l) The project is a joint acquisition, either among public
 2507  agencies, nonprofit organizations, or private entities, or by a
 2508  public-private partnership.
 2509         (10)(11) The Acquisition and Restoration Council shall give
 2510  increased priority to those projects for which matching funds
 2511  are available and to project elements previously identified on
 2512  an acquisition list pursuant to this section that can be
 2513  acquired at 80 percent or less of appraised value. The council
 2514  shall also give increased priority to those projects where the
 2515  state’s land conservation plans overlap with the military’s need
 2516  to protect lands, water, and habitat to ensure the
 2517  sustainability of military missions including:
 2518         (a) Protecting habitat on nonmilitary land for any species
 2519  found on military land that is designated as threatened or
 2520  endangered, or is a candidate for such designation under the
 2521  Endangered Species Act or any Florida statute;
 2522         (b) Protecting areas underlying low-level military air
 2523  corridors or operating areas; and
 2524         (c) Protecting areas identified as clear zones, accident
 2525  potential zones, and air installation compatible use buffer
 2526  zones delineated by our military partners, and for which federal
 2527  or other funding is available to assist with the project.
 2528         (11)(12) For the purposes of funding projects pursuant to
 2529  paragraph (3)(a), the Secretary of Environmental Protection
 2530  shall ensure that each water management district receives the
 2531  following percentage of funds annually:
 2532         (a) Thirty-five percent to the South Florida Water
 2533  Management District, of which amount $25 million for 2 years
 2534  beginning in fiscal year 2000-2001 shall be transferred by the
 2535  Department of Environmental Protection into the Save Our
 2536  Everglades Trust Fund and shall be used exclusively to implement
 2537  the comprehensive plan under s. 373.470.
 2538         (b) Twenty-five percent to the Southwest Florida Water
 2539  Management District.
 2540         (c) Twenty-five percent to the St. Johns River Water
 2541  Management District.
 2542         (d) Seven and one-half percent to the Suwannee River Water
 2543  Management District.
 2544         (e) Seven and one-half percent to the Northwest Florida
 2545  Water Management District.
 2546         (12)(13) It is the intent of the Legislature that in
 2547  developing the list of projects for funding pursuant to
 2548  paragraph (3)(a), that these funds not be used to abrogate the
 2549  financial responsibility of those point and nonpoint sources
 2550  that have contributed to the degradation of water or land areas.
 2551  Therefore, an increased priority shall be given by the water
 2552  management district governing boards to those projects that have
 2553  secured a cost-sharing agreement allocating responsibility for
 2554  the cleanup of point and nonpoint sources.
 2555         (13)(14) An affirmative vote of five members of the
 2556  Acquisition and Restoration Council shall be required in order
 2557  to place a proposed project on the list developed pursuant to
 2558  subsection (7) (8). Any member of the council who by family or a
 2559  business relationship has a connection with any project proposed
 2560  to be ranked shall declare such interest prior to voting for a
 2561  project’s inclusion on the list.
 2562         (14)(15) Each year that cash disbursements or bonds are to
 2563  be issued pursuant to this section, the Acquisition and
 2564  Restoration Council shall review the most current approved
 2565  project list and shall, by the first board meeting in May,
 2566  present to the Board of Trustees of the Internal Improvement
 2567  Trust Fund for approval a listing of projects developed pursuant
 2568  to subsection (7) (8). The board of trustees may remove projects
 2569  from the list developed pursuant to this subsection, but may not
 2570  add projects or rearrange project rankings.
 2571         (15)(16) The Acquisition and Restoration Council shall
 2572  submit to the board of trustees, with its list of projects, a
 2573  report that includes, but shall not be limited to, the following
 2574  information for each project listed:
 2575         (a) The stated purpose for inclusion.
 2576         (b) Projected costs to achieve the project goals.
 2577         (c) An interim management budget that includes all costs
 2578  associated with immediate public access.
 2579         (d) Specific performance measures.
 2580         (e) Plans for public access.
 2581         (f) An identification of the essential parcel or parcels
 2582  within the project without which the project cannot be properly
 2583  managed.
 2584         (g) Where applicable, an identification of those projects
 2585  or parcels within projects which should be acquired in fee
 2586  simple or in less than fee simple.
 2587         (h) An identification of those lands being purchased for
 2588  conservation purposes.
 2589         (i) A management policy statement for the project and a
 2590  management prospectus pursuant to s. 259.032(7)(d) s.
 2591  259.032(9)(d).
 2592         (j) An estimate of land value based on county tax assessed
 2593  values.
 2594         (k) A map delineating project boundaries.
 2595         (l) An assessment of the project’s ecological value,
 2596  outdoor recreational value, forest resources, wildlife
 2597  resources, ownership pattern, utilization, and location.
 2598         (m) A discussion of whether alternative uses are proposed
 2599  for the property and what those uses are.
 2600         (n) A designation of the management agency or agencies.
 2601         (16)(17) All proposals for projects pursuant to paragraph
 2602  (3)(b) shall be implemented only if adopted by the Acquisition
 2603  and Restoration Council and approved by the board of trustees.
 2604  The council shall consider and evaluate in writing the merits
 2605  and demerits of each project that is proposed for Florida
 2606  Forever funding and each proposed addition to the Conservation
 2607  and Recreation Lands list program. The council shall ensure that
 2608  each proposed project will meet a stated public purpose for the
 2609  restoration, conservation, or preservation of environmentally
 2610  sensitive lands and water areas or for providing outdoor
 2611  recreational opportunities and that each proposed addition to
 2612  the Conservation and Recreation Lands list will meet the public
 2613  purposes under s. 259.032(3) and, when applicable, s.
 2614  259.101(4). The council also shall determine whether the project
 2615  or addition conforms, where applicable, with the comprehensive
 2616  plan developed pursuant to s. 259.04(1)(a), the comprehensive
 2617  multipurpose outdoor recreation plan developed pursuant to s.
 2618  375.021, the state lands management plan adopted pursuant to s.
 2619  253.03(7), the water resources work plans developed pursuant to
 2620  s. 373.199, and the provisions of this section.
 2621         (17)(18) On an annual basis, the Division of State Lands
 2622  shall prepare an annual work plan that prioritizes projects on
 2623  the Florida Forever list and sets forth the funding available in
 2624  the fiscal year for land acquisition. The work plan shall
 2625  consider the following categories of expenditure for land
 2626  conservation projects already selected for the Florida Forever
 2627  list pursuant to subsection (7) (8):
 2628         (a) A critical natural lands category, including functional
 2629  landscape-scale natural systems, intact large hydrological
 2630  systems, lands that have significant imperiled natural
 2631  communities, and corridors linking large landscapes, as
 2632  identified and developed by the best available scientific
 2633  analysis.
 2634         (b) A partnerships or regional incentive category,
 2635  including:
 2636         1. Projects where local and regional cost-share agreements
 2637  provide a lower cost and greater conservation benefit to the
 2638  people of the state. Additional consideration shall be provided
 2639  under this category where parcels are identified as part of a
 2640  local or regional visioning process and are supported by
 2641  scientific analysis; and
 2642         2. Bargain and shared projects where the state will receive
 2643  a significant reduction in price for public ownership of land as
 2644  a result of the removal of development rights or other interests
 2645  in lands or receives alternative or matching funds.
 2646         (c) A substantially complete category of projects where
 2647  mainly inholdings, additions, and linkages between preserved
 2648  areas will be acquired and where 85 percent of the project is
 2649  complete.
 2650         (d) A climate-change category list of lands where
 2651  acquisition or other conservation measures will address the
 2652  challenges of global climate change, such as through protection,
 2653  restoration, mitigation, and strengthening of Florida’s land,
 2654  water, and coastal resources. This category includes lands that
 2655  provide opportunities to sequester carbon, provide habitat,
 2656  protect coastal lands or barrier islands, and otherwise mitigate
 2657  and help adapt to the effects of sea-level rise and meet other
 2658  objectives of the program.
 2659         (e) A less-than-fee category for working agricultural lands
 2660  that significantly contribute to resource protection through
 2661  conservation easements and other less-than-fee techniques, tax
 2662  incentives, life estates, landowner agreements, and other
 2663  partnerships, including conservation easements acquired in
 2664  partnership with federal conservation programs, which will
 2665  achieve the objectives of Florida Forever while allowing the
 2666  continuation of compatible agricultural uses on the land. Terms
 2667  of easements proposed for acquisition under this category shall
 2668  be developed by the Division of State Lands in coordination with
 2669  the Department of Agriculture and Consumer Services.
 2670  
 2671  Projects within each category shall be ranked by order of
 2672  priority. The work plan shall be adopted by the Acquisition and
 2673  Restoration Council after at least one public hearing. A copy of
 2674  the work plan shall be provided to the board of trustees of the
 2675  Internal Improvement Trust Fund no later than October 1 of each
 2676  year.
 2677         (18)(19)(a) The Board of Trustees of the Internal
 2678  Improvement Trust Fund, or, in the case of water management
 2679  district lands, the owning water management district, may
 2680  authorize the granting of a lease, easement, or license for the
 2681  use of certain lands acquired pursuant to this section, for
 2682  certain uses that are determined by the appropriate board to be
 2683  compatible with the resource values of and management objectives
 2684  for such lands.
 2685         (b) Any existing lease, easement, or license acquired for
 2686  incidental public or private use on, under, or across any lands
 2687  acquired pursuant to this section shall be presumed to be
 2688  compatible with the purposes for which such lands were acquired.
 2689         (c) Notwithstanding the provisions of paragraph (a), no
 2690  such lease, easement, or license shall be entered into by the
 2691  Department of Environmental Protection or other appropriate
 2692  state agency if the granting of such lease, easement, or license
 2693  would adversely affect the exclusion of the interest on any
 2694  revenue bonds issued to fund the acquisition of the affected
 2695  lands from gross income for federal income tax purposes,
 2696  pursuant to Internal Revenue Service regulations.
 2697         (19)(20) The Acquisition and Restoration Council shall
 2698  recommend adoption of rules by the board of trustees necessary
 2699  to implement the provisions of this section relating to:
 2700  solicitation, scoring, selecting, and ranking of Florida Forever
 2701  project proposals; disposing of or leasing lands or water areas
 2702  selected for funding through the Florida Forever program; and
 2703  the process of reviewing and recommending for approval or
 2704  rejection the land management plans associated with publicly
 2705  owned properties. Rules promulgated pursuant to this subsection
 2706  shall be submitted to the President of the Senate and the
 2707  Speaker of the House of Representatives, for review by the
 2708  Legislature, no later than 30 days prior to the 2010 Regular
 2709  Session and shall become effective only after legislative
 2710  review. In its review, the Legislature may reject, modify, or
 2711  take no action relative to such rules. The board of trustees
 2712  shall conform such rules to changes made by the Legislature, or,
 2713  if no action was taken by the Legislature, such rules shall
 2714  become effective.
 2715         (20)(21) Lands listed as projects for acquisition under the
 2716  Florida Forever program may be managed for conservation pursuant
 2717  to s. 259.032, on an interim basis by a private party in
 2718  anticipation of a state purchase in accordance with a
 2719  contractual arrangement between the acquiring agency and the
 2720  private party that may include management service contracts,
 2721  leases, cost-share arrangements, or resource conservation
 2722  agreements. Lands designated as eligible under this subsection
 2723  shall be managed to maintain or enhance the resources the state
 2724  is seeking to protect by acquiring the land and to accelerate
 2725  public access to the lands as soon as practicable. Funding for
 2726  these contractual arrangements may originate from the
 2727  documentary stamp tax revenue deposited into the Land
 2728  Acquisition Conservation and Recreation Lands Trust Fund and
 2729  Water Management Lands Trust Fund. No more than $6.2 million may
 2730  be expended from the Land Acquisition Trust Fund 5 percent of
 2731  funds allocated under the trust funds shall be expended for this
 2732  purpose.
 2733         Section 25. Subsections (1) and (3) of section 259.1051,
 2734  Florida Statutes, are amended to read:
 2735         259.1051 Florida Forever Trust Fund.—
 2736         (1) There is created the Florida Forever Trust Fund to
 2737  carry out the purposes of ss. 259.032, 259.105, 259.1052, and
 2738  375.031. The Florida Forever Trust Fund shall be held and
 2739  administered by the Department of Environmental Protection.
 2740  Proceeds from the sale of bonds, except proceeds of refunding
 2741  bonds, issued under s. 215.618 and payable from moneys
 2742  transferred to the Land Acquisition Trust Fund under s.
 2743  201.15(1) s. 201.15(1)(a), not to exceed $5.3 billion, must be
 2744  deposited into this trust fund to be distributed and used as
 2745  provided in s. 259.105(3). The bond resolution adopted by the
 2746  governing board of the Division of Bond Finance of the State
 2747  Board of Administration may provide for additional provisions
 2748  that govern the disbursement of the bond proceeds.
 2749         (3) The Department of Environmental Protection shall ensure
 2750  that the proceeds from the sale of bonds issued under s. 215.618
 2751  and payable from moneys transferred to the Land Acquisition
 2752  Trust Fund under s. 201.15(1) s. 201.15(1)(a) shall be
 2753  administered and expended in a manner that ensures compliance of
 2754  each issue of bonds that are issued on the basis that interest
 2755  thereon will be excluded from gross income for federal income
 2756  tax purposes, with the applicable provisions of the United
 2757  States Internal Revenue Code and the regulations promulgated
 2758  thereunder, to the extent necessary to preserve the exclusion of
 2759  interest on the bonds from gross income for federal income tax
 2760  purposes. The Department of Environmental Protection shall
 2761  administer the use and disbursement of the proceeds of such
 2762  bonds or require that the use and disbursement thereof be
 2763  administered in a manner to implement strategies to maximize any
 2764  available benefits under the applicable provisions of the United
 2765  States Internal Revenue Code or regulations promulgated
 2766  thereunder, to the extent not inconsistent with the purposes
 2767  identified in s. 259.105(3).
 2768         Section 26. Paragraph (a) of subsection (2) of section
 2769  338.250, Florida Statutes, is amended to read:
 2770         338.250 Central Florida Beltway Mitigation.—
 2771         (2) Environmental mitigation required as a result of
 2772  construction of the beltway, or portions thereof, shall be
 2773  satisfied in the following manner:
 2774         (a) For those projects which the Department of
 2775  Transportation is authorized to construct, funds for
 2776  environmental mitigation shall be deposited in the Central
 2777  Florida Beltway Trust Fund created within the department at the
 2778  time bonds for the specific project are sold. If a road building
 2779  authority other than the department is authorized to construct
 2780  the project, funds for environmental mitigation shall be
 2781  deposited in a mitigation fund account established in the
 2782  construction fund for the bond issues. Said account shall be
 2783  established at the time bond proceeds are deposited into the
 2784  construction fund for the specific project. These funds shall be
 2785  provided from bond proceeds, and the use of such funds from bond
 2786  proceeds for mitigation shall be deemed a public purpose. The
 2787  amount to be provided for mitigation for the Eastern Beltway in
 2788  Seminole County shall be up to $4 million, the amount to be
 2789  provided for mitigation for the Western Beltway shall be up to
 2790  $30.5 million, the amount to be provided for mitigation for the
 2791  Southern Connector shall be up to $14.28 million, the amount to
 2792  be provided for mitigation for the Turnpike/Southern Connector
 2793  Interchange shall be up to $1.46 million, and the amount to be
 2794  provided for mitigation for the Southern Connector Extension
 2795  shall be in proportion to the amount provided for the Southern
 2796  Connector based upon the amount of wetlands displaced. To the
 2797  extent allowed by law, the interest on said funds as earned,
 2798  after deposit into the Central Florida Beltway Trust Fund, or in
 2799  a mitigation fund account shall accrue and be paid to the agency
 2800  responsible for the construction of the appropriate project.
 2801  Where feasible, mitigation funds shall be used in coordination
 2802  with funds from the Conservation and Recreation Lands Trust
 2803  Fund, Save Our Rivers Land Acquisition Program, or from other
 2804  appropriate sources.
 2805         Section 27. Paragraph (c) of subsection (8) of section
 2806  373.026, Florida Statutes, is amended to read:
 2807         373.026 General powers and duties of the department.—The
 2808  department, or its successor agency, shall be responsible for
 2809  the administration of this chapter at the state level. However,
 2810  it is the policy of the state that, to the greatest extent
 2811  possible, the department may enter into interagency or
 2812  interlocal agreements with any other state agency, any water
 2813  management district, or any local government conducting programs
 2814  related to or materially affecting the water resources of the
 2815  state. All such agreements shall be subject to the provisions of
 2816  s. 373.046. In addition to its other powers and duties, the
 2817  department shall, to the greatest extent possible:
 2818         (8)
 2819         (c) Notwithstanding paragraph (b), the use of state funds
 2820  for land purchases from willing sellers is authorized for
 2821  projects within the South Florida Water Management District’s
 2822  approved 5-year plan of acquisition pursuant to s. 373.59 or
 2823  within the South Florida Water Management District’s approved
 2824  Florida Forever water management district work plan pursuant to
 2825  s. 373.199.
 2826         Section 28. Subsection (4) of section 373.089, Florida
 2827  Statutes, is amended to read:
 2828         373.089 Sale or exchange of lands, or interests or rights
 2829  in lands.—The governing board of the district may sell lands, or
 2830  interests or rights in lands, to which the district has acquired
 2831  title or to which it may hereafter acquire title in the
 2832  following manner:
 2833         (4) The governing board of a district may exchange lands,
 2834  or interests or rights in lands, owned by, or lands, or
 2835  interests or rights in lands, for which title is otherwise
 2836  vested in, the district for other lands, or interests or rights
 2837  in lands, within the state owned by any person. The governing
 2838  board shall fix the terms and conditions of any such exchange
 2839  and may pay or receive any sum of money that the board considers
 2840  necessary to equalize the values of exchanged properties. Land,
 2841  or interests or rights in land, acquired under former s. 373.59,
 2842  Florida Statutes 2014, may be exchanged only for lands, or
 2843  interests or rights in lands, that otherwise meet the
 2844  requirements of that section for acquisition.
 2845         Section 29. Paragraph (a) of subsection (5) of section
 2846  373.129, Florida Statutes, is amended to read:
 2847         373.129 Maintenance of actions.—The department, the
 2848  governing board of any water management district, any local
 2849  board, or a local government to which authority has been
 2850  delegated pursuant to s. 373.103(8), is authorized to commence
 2851  and maintain proper and necessary actions and proceedings in any
 2852  court of competent jurisdiction for any of the following
 2853  purposes:
 2854         (5) To recover a civil penalty for each offense in an
 2855  amount not to exceed $10,000 per offense. Each date during which
 2856  such violation occurs constitutes a separate offense.
 2857         (a) A civil penalty recovered by a water management
 2858  district pursuant to this subsection shall be retained deposited
 2859  in the Water Management Lands Trust Fund established under s.
 2860  373.59 and used exclusively by the water management district
 2861  that collected deposits the money into the fund. A civil penalty
 2862  recovered by the department pursuant to this subsection shall be
 2863  deposited into the Water Quality Assurance Trust Fund
 2864  established under s. 376.307 Any such civil penalty recovered
 2865  after the expiration of such fund shall be deposited in the
 2866  Ecosystem Management and Restoration Trust Fund and used
 2867  exclusively within the water management district that deposits
 2868  the money into the fund.
 2869         Section 30. Subsection (5) of section 373.1391, Florida
 2870  Statutes, is amended to read:
 2871         373.1391 Management of real property.—
 2872         (5) The following additional uses of lands acquired
 2873  pursuant to the Florida Forever program and other state-funded
 2874  land purchase programs shall be authorized, upon a finding by
 2875  the governing board, if they meet the criteria specified in
 2876  paragraphs (a)-(e): water resource development projects, water
 2877  supply development projects, stormwater management projects,
 2878  linear facilities, and sustainable agriculture and forestry.
 2879  Such additional uses are authorized where:
 2880         (a) Not inconsistent with the management plan for such
 2881  lands;
 2882         (b) Compatible with the natural ecosystem and resource
 2883  values of such lands;
 2884         (c) The proposed use is appropriately located on such lands
 2885  and where due consideration is given to the use of other
 2886  available lands;
 2887         (d) The using entity reasonably compensates the titleholder
 2888  for such use based upon an appropriate measure of value; and
 2889         (e) The use is consistent with the public interest.
 2890  
 2891  A decision by the governing board pursuant to this subsection
 2892  shall be given a presumption of correctness. Moneys received
 2893  from the use of state lands pursuant to this subsection shall be
 2894  returned to the lead managing agency in accordance with the
 2895  provisions of s. 373.59.
 2896         Section 31. Subsection (7) of section 373.199, Florida
 2897  Statutes, is amended to read:
 2898         373.199 Florida Forever Water Management District Work
 2899  Plan.—
 2900         (7) By June 1, 2001, each district shall file with the
 2901  President of the Senate, the Speaker of the House of
 2902  Representatives, and the Secretary of Environmental Protection
 2903  the initial 5-year work plan as required under subsection (2).
 2904  By March 1 of each year thereafter, as part of the consolidated
 2905  annual report required by s. 373.036(7), each district shall
 2906  report on acquisitions completed during the year together with
 2907  modifications or additions to its 5-year work plan. Included in
 2908  the report shall be:
 2909         (a) A description of land management activity for each
 2910  property or project area owned by the water management district.
 2911         (b) A list of any lands surplused and the amount of
 2912  compensation received.
 2913         (c) The progress of funding, staffing, and resource
 2914  management of every project funded pursuant to former s.
 2915  259.101(3), Florida Statutes 2014 s. 259.101, s. 259.105, or
 2916  former s. 373.59(2), Florida Statutes 2014, s. 373.59 for which
 2917  the district is responsible.
 2918  
 2919  The secretary shall submit the report referenced in this
 2920  subsection to the Board of Trustees of the Internal Improvement
 2921  Trust Fund together with the Acquisition and Restoration
 2922  Council’s project list as required under s. 259.105.
 2923         Section 32. Subsection (7) of section 373.430, Florida
 2924  Statutes, is amended to read:
 2925         373.430 Prohibitions, violation, penalty, intent.—
 2926         (7) All moneys recovered under the provisions of this
 2927  section shall be allocated to the use of the water management
 2928  district, the department, or the local government, whichever
 2929  undertook and maintained the enforcement action. All monetary
 2930  penalties and damages recovered by the department or the state
 2931  under the provisions of this section shall be deposited into in
 2932  the Florida Permit Fee Ecosystem Management and Restoration
 2933  Trust Fund. All monetary penalties and damages recovered
 2934  pursuant to this section by a water management district shall be
 2935  retained deposited in the Water Management Lands Trust Fund
 2936  established under s. 373.59 and used exclusively within the
 2937  territory of the water management district which collected
 2938  deposits the money into the fund. Any such monetary penalties
 2939  and damages recovered after the expiration of such fund shall be
 2940  deposited in the Ecosystem Management and Restoration Trust Fund
 2941  and used exclusively within the territory of the water
 2942  management district which deposits the money into the fund. All
 2943  monetary penalties and damages recovered pursuant to this
 2944  subsection by a local government to which authority has been
 2945  delegated pursuant to s. 373.103(8) shall be used to enhance
 2946  surface water improvement or pollution control activities.
 2947         Section 33. Subsections (3) through (6) of section 373.459,
 2948  Florida Statutes, are amended to read:
 2949         373.459 Funds for surface water improvement and
 2950  management.—
 2951         (3) The Ecosystem Management and Restoration Trust Fund
 2952  shall be used for the deposit of funds appropriated by the
 2953  Legislature for the purposes of ss. 373.451-373.4595. The
 2954  department shall administer all funds appropriated to or
 2955  received for surface water improvement and management
 2956  activities. Expenditure of the moneys shall be limited to the
 2957  costs of detailed planning and plan and program implementation
 2958  for priority surface water bodies. Moneys may from the fund
 2959  shall not be expended for planning for, or construction or
 2960  expansion of, treatment facilities for domestic or industrial
 2961  waste disposal.
 2962         (4) The department shall authorize the release of money
 2963  from the fund in accordance with the provisions of s. 373.501(2)
 2964  and procedures in s. 373.59(4) and (5).
 2965         (5) Moneys in the fund which are not needed to meet current
 2966  obligations incurred under this section shall be transferred to
 2967  the State Board of Administration, to the credit of the trust
 2968  fund, to be invested in the manner provided by law. Interest
 2969  received on such investments shall be credited to the trust
 2970  fund.
 2971         (5)(6) The match requirement of subsection (2) does shall
 2972  not apply to the Suwannee River Water Management District, the
 2973  Northwest Florida Water Management District, or a financially
 2974  disadvantaged small local government as defined in former s.
 2975  403.885(3).
 2976         Section 34. Paragraph (a) of subsection (3) of section
 2977  373.4592, Florida Statutes, is amended to read:
 2978         373.4592 Everglades improvement and management.—
 2979         (3) EVERGLADES LONG-TERM PLAN.—
 2980         (a) The Legislature finds that the Everglades Program
 2981  required by this section establishes more extensive and
 2982  comprehensive requirements for surface water improvement and
 2983  management within the Everglades than the SWIM plan requirements
 2984  provided in ss. 373.451 and 373.453. In order to avoid
 2985  duplicative requirements, and in order to conserve the resources
 2986  available to the district, the SWIM plan requirements of those
 2987  sections shall not apply to the Everglades Protection Area and
 2988  the EAA during the term of the Everglades Program, and the
 2989  district will neither propose, nor take final agency action on,
 2990  any Everglades SWIM plan for those areas until the Everglades
 2991  Program is fully implemented. Funds identified under former s.
 2992  259.101(3)(b), Florida Statutes 2014, may be used for
 2993  acquisition of lands necessary to implement the Everglades
 2994  Construction Project, to the extent these funds are identified
 2995  in the Statement of Principles of July 1993. The district’s
 2996  actions in implementing the Everglades Construction Project
 2997  relating to the responsibilities of the EAA and C-139 Basin for
 2998  funding and water quality compliance in the EAA and the
 2999  Everglades Protection Area shall be governed by this section.
 3000  Other strategies or activities in the March 1992 Everglades SWIM
 3001  plan may be implemented if otherwise authorized by law.
 3002         Section 35. Subsection (4) of section 373.45926, Florida
 3003  Statutes, is amended to read:
 3004         373.45926 Everglades Trust Fund; allocation of revenues and
 3005  expenditure of funds for conservation and protection of natural
 3006  resources and abatement of water pollution.—
 3007         (4) The following funds shall be deposited into the
 3008  Everglades Trust Fund specifically for the implementation of the
 3009  Everglades Forever Act.
 3010         (a) Alligator Alley toll revenues pursuant to s. 338.26(3).
 3011         (b) Everglades agricultural privilege tax revenues pursuant
 3012  to s. 373.4592(6).
 3013         (c) C-139 agricultural privilege tax revenues pursuant to
 3014  s. 373.4592(7).
 3015         (d) Special assessment revenues pursuant to s. 373.4592(8).
 3016         (e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
 3017         (f) Federal funds appropriated by the United States
 3018  Congress for any component of the Everglades Construction
 3019  Project.
 3020         (g) Preservation 2000 funds for acquisition of lands
 3021  necessary for implementation of the Everglades Forever Act as
 3022  prescribed in an annual appropriation.
 3023         (g)(h) Any additional funds specifically appropriated by
 3024  the Legislature for this purpose.
 3025         (h)(i) Gifts designated for implementation of the
 3026  Everglades Forever Act from individuals, corporations, and other
 3027  entities.
 3028         (i)(j) Any additional funds that become available for this
 3029  purpose from any other source.
 3030         Section 36. Paragraph (a) of subsection (6) and paragraph
 3031  (b) of subsection (7) of section 373.470, Florida Statutes, are
 3032  amended to read:
 3033         373.470 Everglades restoration.—
 3034         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
 3035         (a) Except as provided in paragraphs (d) and (e) and for
 3036  funds appropriated for debt service, the department shall
 3037  distribute funds in the Save Our Everglades Trust Fund to the
 3038  district in accordance with a legislative appropriation and s.
 3039  373.026(8)(b) and (c). Distribution of funds to the district
 3040  from the Save Our Everglades Trust Fund shall be equally matched
 3041  by the cumulative contributions from the district by fiscal year
 3042  2019-2020 by providing funding or credits toward project
 3043  components. The dollar value of in-kind project design and
 3044  construction work by the district in furtherance of the
 3045  comprehensive plan and existing interest in public lands needed
 3046  for a project component are credits towards the district’s
 3047  contributions.
 3048         (7) ANNUAL REPORT.—To provide enhanced oversight of and
 3049  accountability for the financial commitments established under
 3050  this section and the progress made in the implementation of the
 3051  comprehensive plan, the following information must be prepared
 3052  annually as part of the consolidated annual report required by
 3053  s. 373.036(7):
 3054         (b) The department shall prepare a detailed report on all
 3055  funds expended by the state and credited toward the state’s
 3056  share of funding for implementation of the comprehensive plan.
 3057  The report shall include:
 3058         1. A description of all expenditures, by source and amount,
 3059  from the Conservation and Recreation Lands Trust Fund, the Land
 3060  Acquisition Trust Fund, the Preservation 2000 Trust Fund, the
 3061  Florida Forever Trust Fund, the Save Our Everglades Trust Fund,
 3062  and other named funds or accounts for the acquisition or
 3063  construction of project components or other features or
 3064  facilities that benefit the comprehensive plan.
 3065         2. A description of the purposes for which the funds were
 3066  expended.
 3067         3. The unencumbered fiscal-year-end balance that remains in
 3068  each trust fund or account identified in subparagraph 1.
 3069  
 3070  The information required in paragraphs (a), (b), and (c) shall
 3071  be provided as part of the consolidated annual report required
 3072  by s. 373.036(7). The initial report is due by November 30,
 3073  2000, and each annual report thereafter is due by March 1.
 3074         Section 37. Subsection (2) of section 373.584, Florida
 3075  Statutes, is amended to read:
 3076         373.584 Revenue bonds.—
 3077         (2) Revenues derived by the district from the Water
 3078  Management Lands Trust Fund as provided in s. 373.59 or any
 3079  other revenues of the district may be pledged to the payment of
 3080  such revenue bonds; however, the ad valorem taxing powers of the
 3081  district may not be pledged to the payment of such revenue bonds
 3082  without prior compliance with the requirements of the State
 3083  Constitution as to the affirmative vote of the electors of the
 3084  district and with the requirements of s. 373.563, and bonds
 3085  payable from the Water Management Lands Trust Fund shall be
 3086  issued solely for the purposes set forth in s. 373.59. Revenue
 3087  bonds and notes shall be, and shall be deemed to be, for all
 3088  purposes, negotiable instruments, subject only to the provisions
 3089  of the revenue bonds and notes for registration. The powers and
 3090  authority of districts to issue revenue bonds, including, but
 3091  not limited to, bonds to finance a stormwater management system
 3092  as defined by s. 373.403, and to enter into contracts incidental
 3093  thereto, and to do all things necessary and desirable in
 3094  connection with the issuance of revenue bonds, shall be
 3095  coextensive with the powers and authority of municipalities to
 3096  issue bonds under state law. The provisions of this section
 3097  constitute full and complete authority for the issuance of
 3098  revenue bonds and shall be liberally construed to effectuate its
 3099  purpose.
 3100         Section 38. Section 373.59, Florida Statutes, is amended to
 3101  read:
 3102         373.59 Payment in lieu of taxes for lands acquired for
 3103  water management district purposes Water Management Lands Trust
 3104  Fund.—
 3105         (1) There is established within the Department of
 3106  Environmental Protection the Water Management Lands Trust Fund
 3107  to be used as a nonlapsing fund for the purposes of this
 3108  section. The moneys in this fund are hereby continually
 3109  appropriated for the purposes of land acquisition, management,
 3110  maintenance, capital improvements of land titled to the
 3111  districts, payments in lieu of taxes, debt service on bonds
 3112  issued prior to July 1, 1999, debt service on bonds issued on or
 3113  after July 1, 1999, which are issued to refund bonds issued
 3114  before July 1, 1999, preacquisition costs associated with land
 3115  purchases, and the department’s costs of administration of the
 3116  fund. No refunding bonds may be issued which mature after the
 3117  final maturity date of the bonds being refunded or which provide
 3118  for higher debt service in any year than is payable on such
 3119  bonds as of February 1, 2009. The department’s costs of
 3120  administration shall be charged proportionally against each
 3121  district’s allocation using the formula provided in subsection
 3122  (8). Capital improvements shall include, but need not be limited
 3123  to, perimeter fencing, signs, firelanes, control of invasive
 3124  exotic species, controlled burning, habitat inventory and
 3125  restoration, law enforcement, access roads and trails, and
 3126  minimal public accommodations, such as primitive campsites,
 3127  garbage receptacles, and toilets. The moneys in the fund may
 3128  also be appropriated to supplement operational expenditures at
 3129  the Northwest Florida Water Management District and the Suwannee
 3130  River Water Management District, with such appropriations
 3131  allocated prior to the allocations set out in subsection (8) to
 3132  the five water management districts.
 3133         (2) Until the Preservation 2000 Program is concluded, each
 3134  district shall file with the Legislature and the Secretary of
 3135  Environmental Protection a report of acquisition activity, by
 3136  January 15 of each year, together with modifications or
 3137  additions to its 5-year plan of acquisition. Included in the
 3138  report shall be an identification of those lands which require a
 3139  full fee simple interest to achieve water management goals and
 3140  those lands which can be acquired using alternatives to fee
 3141  simple acquisition techniques and still achieve such goals. In
 3142  their evaluation of which lands would be appropriate for
 3143  acquisition through alternatives to fee simple, district staff
 3144  shall consider criteria including, but not limited to,
 3145  acquisition costs, the net present value of future land
 3146  management costs, the net present value of ad valorem revenue
 3147  loss to the local government, and the potential for revenue
 3148  generated from activities compatible with acquisition
 3149  objectives. The report shall also include a description of land
 3150  management activity. However, no acquisition of lands shall
 3151  occur without a public hearing similar to those held pursuant to
 3152  the provisions set forth in s. 120.54. In the annual update of
 3153  its 5-year plan for acquisition, each district shall identify
 3154  lands needed to protect or recharge groundwater and shall
 3155  establish a plan for their acquisition as necessary to protect
 3156  potable water supplies. Lands which serve to protect or recharge
 3157  groundwater identified pursuant to this paragraph shall also
 3158  serve to protect other valuable natural resources or provide
 3159  space for natural resource based recreation. Once all
 3160  Preservation 2000 funds allocated to the water management
 3161  districts have been expended or committed, this subsection shall
 3162  be repealed.
 3163         (3) Each district shall remove the property of an unwilling
 3164  seller from its plan of acquisition at the next scheduled update
 3165  of the plan, if in receipt of a request to do so by the property
 3166  owner. This subsection shall be repealed at the conclusion of
 3167  the Preservation 2000 program.
 3168         (4) The Secretary of Environmental Protection shall release
 3169  moneys from the Water Management Lands Trust Fund to a district
 3170  for preacquisition costs within 30 days after receipt of a
 3171  resolution adopted by the district’s governing board which
 3172  identifies and justifies any such preacquisition costs necessary
 3173  for the purchase of any lands listed in the district’s 5-year
 3174  plan. The district shall return to the department any funds not
 3175  used for the purposes stated in the resolution, and the
 3176  department shall deposit the unused funds into the Water
 3177  Management Lands Trust Fund.
 3178         (5) The Secretary of Environmental Protection shall release
 3179  to the districts moneys for management, maintenance, and capital
 3180  improvements following receipt of a resolution and request
 3181  adopted by the governing board which specifies the designated
 3182  managing agency, specific management activities, public use,
 3183  estimated annual operating costs, and other acceptable
 3184  documentation to justify release of moneys.
 3185         (6) If a district issues revenue bonds or notes under s.
 3186  373.584 prior to July 1, 1999, the district may pledge its share
 3187  of the moneys in the Water Management Lands Trust Fund as
 3188  security for such bonds or notes. The Department of
 3189  Environmental Protection shall pay moneys from the trust fund to
 3190  a district or its designee sufficient to pay the debt service,
 3191  as it becomes due, on the outstanding bonds and notes of the
 3192  district; however, such payments shall not exceed the district’s
 3193  cumulative portion of the trust fund. However, any moneys
 3194  remaining after payment of the amount due on the debt service
 3195  shall be released to the district pursuant to subsection (5).
 3196         (7) Any unused portion of a district’s share of the fund
 3197  shall accumulate in the trust fund to the credit of that
 3198  district. Interest earned on such portion shall also accumulate
 3199  to the credit of that district to be used for management,
 3200  maintenance, and capital improvements as provided in this
 3201  section. The total moneys over the life of the fund available to
 3202  any district under this section shall not be reduced except by
 3203  resolution of the district governing board stating that the need
 3204  for the moneys no longer exists. Any water management district
 3205  with fund balances in the Water Management Lands Trust Fund as
 3206  of March 1, 1999, may expend those funds for land acquisitions
 3207  pursuant to s. 373.139, or for the purpose specified in this
 3208  subsection.
 3209         (8) Moneys from the Water Management Lands Trust Fund shall
 3210  be allocated as follows:
 3211         (a) Beginning with the 2009-2010 fiscal year, thirty
 3212  percent shall be used first to pay debt service on bonds issued
 3213  before February 1, 2009, by the South Florida Water Management
 3214  District which are secured by revenues provided by this section
 3215  or to fund debt service reserve funds, rebate obligations, or
 3216  other amounts payable with respect to such bonds, then to
 3217  transfer $3,000,000 to the credit of the General Revenue Fund in
 3218  each fiscal year, and lastly to distribute the remainder to the
 3219  South Florida Water Management District.
 3220         (b) Beginning with the 2009-2010 fiscal year, twenty-five
 3221  percent shall be used first to transfer $2,500,000 to the credit
 3222  of the General Revenue Fund in each fiscal year and then to
 3223  distribute the remainder to the Southwest Florida Water
 3224  Management District.
 3225         (c) Beginning with the 2009-2010 fiscal year, twenty-five
 3226  percent shall be used first to pay debt service on bonds issued
 3227  before February 1, 2009, by the St. Johns River Water Management
 3228  District which are secured by revenues provided by this section
 3229  or to fund debt service reserve funds, rebate obligations, or
 3230  other amounts payable with respect to such bonds, then to
 3231  transfer $2,500,000 to the credit of the General Revenue Fund in
 3232  each fiscal year, and to distribute the remainder to the St.
 3233  Johns River Water Management District.
 3234         (d) Ten percent to the Suwannee River Water Management
 3235  District.
 3236         (e) Ten percent to the Northwest Florida Water Management
 3237  District.
 3238         (9) Moneys in the fund not needed to meet current
 3239  obligations incurred under this section shall be transferred to
 3240  the State Board of Administration, to the credit of the fund, to
 3241  be invested in the manner provided by law. Interest received on
 3242  such investments shall be credited to the fund.
 3243         (10)(a)Beginning July 1, 1999, not more than one-fourth of
 3244  the Funds provided for in subsections (1) and (8) in any year
 3245  shall be reserved annually by a governing board, during the
 3246  development of its annual operating budget, for payments in lieu
 3247  of taxes for all actual ad valorem tax losses incurred as a
 3248  result of all governing board acquisitions for water management
 3249  district purposes. Reserved funds not used for payments in lieu
 3250  of taxes in any year shall revert to the Water Management Lands
 3251  Trust Fund to be used in accordance with the provisions of this
 3252  section.
 3253         (2)(b) Payment in lieu of taxes shall be available:
 3254         (a)1. To all counties that have a population of 150,000 or
 3255  fewer. Population levels shall be determined pursuant to s.
 3256  186.901. The population estimates published April 1 and used in
 3257  the revenue-sharing formula pursuant to s. 186.901 shall be used
 3258  to determine eligibility under this subsection and shall apply
 3259  to payments made for the subsequent fiscal year.
 3260         (b)2. To all local governments located in eligible counties
 3261  and whose lands are bought and taken off the tax rolls.
 3262  
 3263  For properties acquired after January 1, 2000, in the event that
 3264  such properties otherwise eligible for payment in lieu of taxes
 3265  under this subsection are leased or reserved and remain subject
 3266  to ad valorem taxes, payments in lieu of taxes shall commence or
 3267  recommence upon the expiration or termination of the lease or
 3268  reservation. If the lease is terminated for only a portion of
 3269  the lands at any time, the annual payments shall be made for
 3270  that portion only commencing the year after such termination,
 3271  without limiting the requirement that annual payments shall be
 3272  made on the remaining portion or portions of the land as the
 3273  lease on each expires. For the purposes of this subsection,
 3274  “local government” includes municipalities and the county school
 3275  board.
 3276         (3)(c) If sufficient funds are unavailable in any year to
 3277  make full payments to all qualifying counties and local
 3278  governments, such counties and local governments shall receive a
 3279  pro rata share of the moneys available.
 3280         (4)(d) The payment amount shall be based on the average
 3281  amount of actual ad valorem taxes paid on the property for the 3
 3282  years preceding acquisition. Applications for payment in lieu of
 3283  taxes shall be made no later than May 31 of the year for which
 3284  payment is sought. No payment in lieu of taxes shall be made for
 3285  properties which were exempt from ad valorem taxation for the
 3286  year immediately preceding acquisition.
 3287         (5)(e) If property that was subject to ad valorem taxation
 3288  was acquired by a tax-exempt entity for ultimate conveyance to
 3289  the state under this chapter, payment in lieu of taxes shall be
 3290  made for such property based upon the average amount of ad
 3291  valorem taxes paid on the property for the 3 years prior to its
 3292  being removed from the tax rolls. The water management districts
 3293  shall certify to the Department of Revenue those properties that
 3294  may be eligible under this provision. Once eligibility has been
 3295  established, that governmental entity shall receive annual
 3296  payments for each tax loss until the qualifying governmental
 3297  entity exceeds the population threshold pursuant to subsection
 3298  (2) paragraph (b).
 3299         (6)(f) Payment in lieu of taxes pursuant to this subsection
 3300  shall be made annually to qualifying counties and local
 3301  governments after certification by the Department of Revenue
 3302  that the amounts applied for are reasonably appropriate, based
 3303  on the amount of actual ad valorem taxes paid on the eligible
 3304  property, and after the water management districts have provided
 3305  supporting documents to the Chief Financial Officer and have
 3306  requested that payment be made in accordance with the
 3307  requirements of this section. With the assistance of the local
 3308  government requesting payment in lieu of taxes, the water
 3309  management district that acquired the land is responsible for
 3310  preparing and submitting application requests for payment to the
 3311  Department of Revenue for certification.
 3312         (7)(g) If a water management district conveys to a county
 3313  or local government title to any land owned by the district, any
 3314  payments in lieu of taxes on the land made to the county or
 3315  local government shall be discontinued as of the date of the
 3316  conveyance.
 3317         (11) Notwithstanding any provision of this section to the
 3318  contrary, the governing board of a water management district may
 3319  request, and the Secretary of Environmental Protection shall
 3320  release upon such request, moneys allocated to the districts
 3321  pursuant to subsection (8) for purposes consistent with the
 3322  provisions of s. 373.709, s. 373.705, s. 373.139, or ss.
 3323  373.451-373.4595 and for legislatively authorized land
 3324  acquisition and water restoration initiatives. No funds may be
 3325  used pursuant to this subsection until necessary debt service
 3326  obligations, requirements for payments in lieu of taxes, and
 3327  land management obligations that may be required by this chapter
 3328  are provided for.
 3329         (12) Notwithstanding subsection (8), and for the 2014-2015
 3330  fiscal year only, the moneys from the Water Management Lands
 3331  Trust Fund are allocated as follows:
 3332         (a) An amount necessary to pay debt service on bonds issued
 3333  before February 1, 2009, by the South Florida Water Management
 3334  District and the St. Johns River Water Management District,
 3335  which are secured by revenues provided pursuant to this section,
 3336  or to fund debt service reserve funds, rebate obligations, or
 3337  other amounts payable with respect to such bonds.
 3338         (b) Eight million dollars to be transferred to the General
 3339  Revenue Fund.
 3340         (c) Seven million seven hundred thousand dollars to be
 3341  transferred to the Save Our Everglades Trust Fund to support
 3342  Everglades restoration projects included in the final report of
 3343  the Select Committee on Indian River Lagoon and Lake Okeechobee
 3344  Basin, dated November 8, 2013.
 3345         (d) Any remaining funds to be provided in accordance with
 3346  the General Appropriations Act.
 3347  
 3348  This subsection expires July 1, 2015.
 3349         Section 39. Section 373.5905, Florida Statutes, is amended
 3350  to read:
 3351         373.5905 Reinstatement of payments in lieu of taxes;
 3352  duration.—If a water management district has made a payment in
 3353  lieu of taxes to a governmental entity and subsequently
 3354  suspended such payment, beginning July 1, 2009, the water
 3355  management district shall reinstate appropriate payments and
 3356  continue the payments for as long as the county population
 3357  remains below the population threshold pursuant to s.
 3358  373.59(2)(a) s. 373.59(10)(b). This section does not authorize
 3359  or provide for payments in arrears.
 3360         Section 40. Subsection (8) of section 373.703, Florida
 3361  Statutes, is amended to read:
 3362         373.703 Water production; general powers and duties.—In the
 3363  performance of, and in conjunction with, its other powers and
 3364  duties, the governing board of a water management district
 3365  existing pursuant to this chapter:
 3366         (8) In addition to the power to issue revenue bonds
 3367  pursuant to s. 373.584, may issue revenue bonds for the purposes
 3368  of paying the costs and expenses incurred in carrying out the
 3369  purposes of this chapter or refunding obligations of the
 3370  district issued pursuant to this section. Such revenue bonds
 3371  shall be secured by, and be payable from, revenues derived from
 3372  the operation, lease, or use of its water production and
 3373  transmission facilities and other water-related facilities and
 3374  from the sale of water or services relating thereto. Such
 3375  revenue bonds may not be secured by, or be payable from, moneys
 3376  derived by the district from the Water Management Lands Trust
 3377  Fund or from ad valorem taxes received by the district or from
 3378  moneys appropriated by the Legislature, unless otherwise
 3379  specifically authorized by law. All provisions of s. 373.584
 3380  relating to the issuance of revenue bonds which are not
 3381  inconsistent with this section shall apply to the issuance of
 3382  revenue bonds pursuant to this section. The district may also
 3383  issue bond anticipation notes in accordance with the provisions
 3384  of s. 373.584.
 3385         Section 41. Subsection (8) of section 375.031, Florida
 3386  Statutes, is amended to read:
 3387         375.031 Acquisition of land; procedures.—
 3388         (8) The department may, if it deems it desirable and in the
 3389  best interest of the program, request the board of trustees to
 3390  sell or otherwise dispose of any lands or water storage areas
 3391  acquired under this act. The board of trustees, when so
 3392  requested, shall offer the lands or water storage areas, on such
 3393  terms as the department may determine, first to other state
 3394  agencies and then, if still available, to the county or
 3395  municipality in which the lands or water storage areas lie. If
 3396  not acquired by another state agency or local governmental body
 3397  for beneficial public purposes, the lands or water storage areas
 3398  shall then be offered by the board of trustees at public sale,
 3399  after first giving notice of such sale by publication in a
 3400  newspaper published in the county or counties in which such
 3401  lands or water storage areas lie not less than once a week for 3
 3402  consecutive weeks. All proceeds from the sale or disposition of
 3403  any lands or water storage areas pursuant to this section shall
 3404  be deposited into the appropriate trust fund pursuant to s.
 3405  253.034(6)(k), (l), or (m) in the Land Acquisition Trust Fund.
 3406         Section 42. Section 375.041, Florida Statutes, is amended
 3407  to read:
 3408         375.041 Land Acquisition Trust Fund.—
 3409         (1) There is created a Land Acquisition Trust Fund within
 3410  the Department of Environmental Protection. The Land Acquisition
 3411  Trust Fund is designated by s. 28, Art. X of the State
 3412  Constitution for receipt of certain documentary stamp tax
 3413  revenue for the uses prescribed therein to facilitate and
 3414  expedite the acquisition of land, water areas, and related
 3415  resources required to accomplish the purposes of this act. The
 3416  Land Acquisition Trust Fund shall be held and administered by
 3417  the department. All moneys and revenue from the operation,
 3418  management, sale, lease, or other disposition of land, water
 3419  areas, or related resources acquired on or after July 1, 2015,
 3420  under the Florida Forever Program, and the facilities thereon
 3421  acquired or constructed under this act shall be deposited into
 3422  in or credited to the Land Acquisition Trust Fund or, if
 3423  required by bond covenants, into the trust fund from which the
 3424  lands were purchased. Moneys accruing to any agency for the
 3425  purposes enumerated in this act may be deposited in this fund.
 3426  There shall also be deposited into the Land Acquisition Trust
 3427  Fund other moneys as authorized by appropriate act of the
 3428  Legislature. All moneys so deposited into the Land Acquisition
 3429  Trust Fund shall be trust funds for the uses and purposes herein
 3430  set forth, within the meaning of s. 215.32(1)(b); and such
 3431  moneys shall not become or be commingled with the General
 3432  Revenue Fund of the state, as defined by s. 215.32(1)(a).
 3433         (2) Funds distributed into The moneys on deposit in the
 3434  Land Acquisition Trust Fund pursuant to s. 201.15(1) shall be
 3435  first applied first to:
 3436         (a) Pay debt service or to fund debt service reserve funds,
 3437  rebate obligations, or other amounts payable with respect to
 3438  Florida Forever bonds issued under s. 215.63; pay into the State
 3439  Treasury to the credit of the Save Our Everglades Trust Fund
 3440  amounts necessary to pay debt service, provide reserves, and pay
 3441  rebate obligations and other amounts due with respect to bonds
 3442  issued under s. 215.619; and pay debt service or funding of debt
 3443  service reserve funds, rebate obligations, or other amounts
 3444  payable with respect to the bonds issued under s. 373.584;
 3445         (b) Pay debt service on bonds issued before February 1,
 3446  2009, by the South Florida Water Management District and the St.
 3447  Johns River Water Management District which are secured by
 3448  revenues provided pursuant to former s. 373.59, Florida Statutes
 3449  2014, or to fund debt service reserve funds, rebate obligations,
 3450  or other amounts payable with respect to such bonds. This
 3451  paragraph expires August 1, 2016; and
 3452         (c) Distribute $32 million to the South Florida Water
 3453  Management District for the Long-Term Plan as defined in s.
 3454  373.4592(2). This paragraph expires July 1, 2024 pay the rentals
 3455  due under lease-purchase agreements or to meet debt service
 3456  requirements of revenue bonds issued pursuant to s. 375.051;
 3457  provided, however, that debt service on Save Our Coast bonds
 3458  shall not be paid from moneys transferred to the Land
 3459  Acquisition Trust Fund pursuant to s. 259.032(2)(b).
 3460         (3)(a) Any remaining moneys in the Land Acquisition Trust
 3461  Fund which are not distributed pledged for rentals or debt
 3462  service as provided in subsection (2) may be expended from time
 3463  to time for the purposes set forth in s. 28, Art. X of the State
 3464  Constitution to acquire land, water areas, and related resources
 3465  and to construct, improve, enlarge, extend, operate, and
 3466  maintain capital improvements and facilities in accordance with
 3467  the plan. Moneys accruing to other agencies for the purposes
 3468  designated in subsection (1) shall be transferred pursuant to
 3469  nonoperating budget authority under s. 216.181(12). Agencies
 3470  shall maintain the integrity of such transferred moneys. Any
 3471  transferred moneys available from reversions or reductions of
 3472  budget authority in the other agencies shall be transferred back
 3473  to the Land Acquisition Trust Fund in the Department of
 3474  Environmental Protection within 15 days after such reversion or
 3475  reduction and must be available for future appropriation
 3476  pursuant to s. 28, Art. X of the State Constitution.
 3477         (b) In addition to the uses allowed under paragraph (a),
 3478  for the 2014-2015 fiscal year, moneys in the Land Acquisition
 3479  Trust Fund may be transferred to support the Total Maximum Daily
 3480  Loads Program as provided in the General Appropriations Act.
 3481  This paragraph expires July 1, 2015.
 3482         (c) For the 2014-2015 fiscal year only, moneys in the Land
 3483  Acquisition Trust Fund may be transferred to the Save Our
 3484  Everglades Trust Fund to support Everglades restoration projects
 3485  included in the final report of the Select Committee on Indian
 3486  River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,
 3487  and to the Florida Forever Trust Fund for the Florida Forever
 3488  program pursuant to nonoperating budget authority under s.
 3489  216.181(12). This paragraph expires July 1, 2015.
 3490         (4) The department may disburse moneys in the Land
 3491  Acquisition Trust Fund to pay all necessary expenses to carry
 3492  out the purposes of this act. The department shall disburse
 3493  moneys from the Land Acquisition Trust Fund to the Fish and
 3494  Wildlife Conservation Commission for the purpose of funding law
 3495  enforcement services on state lands.
 3496         (4)(5) When the Legislature has authorized the Department
 3497  of Environmental Protection to condemn a specific parcel of land
 3498  and such parcel already has been approved for acquisition
 3499  through the fund, the land may be acquired in accordance with
 3500  the provisions of chapter 73 or chapter 74, and the fund may be
 3501  used to pay the condemnation award and all costs, including a
 3502  reasonable attorney attorney’s fee, associated with
 3503  condemnation.
 3504         Section 43. Subsection (2) of section 375.044, Florida
 3505  Statutes, is amended to read:
 3506         375.044 Land Acquisition Trust Fund budget request.—
 3507         (2) The legislative budget request shall be submitted to
 3508  the Executive Office of the Governor and the Legislature in
 3509  conjunction with the provisions of ss. 216.023, 216.031, and
 3510  216.043. The 10-year request shall include, but need shall not
 3511  be limited to:
 3512         (a) A 10-year annual cash-flow analysis of the Land
 3513  Acquisition Trust Fund.
 3514         (b) The requested schedule of the agency for issuance of
 3515  Save Our Coasts bonds.
 3516         (b)(c) Forecasts of anticipated revenues to the Land
 3517  Acquisition Trust Fund.
 3518         (c)(d) The estimate of the agency of Land Acquisition Trust
 3519  Fund encumbrances and commitments for each year and the
 3520  corresponding estimates of expenditures.
 3521         Section 44. Section 375.045, Florida Statutes, is repealed.
 3522         Section 45. Subsection (1) and paragraph (c) of subsection
 3523  (2) of section 375.075, Florida Statutes, are amended to read:
 3524         375.075 Outdoor recreation; financial assistance to local
 3525  governments.—
 3526         (1) The Department of Environmental Protection is
 3527  authorized to establish the Florida Recreation Development
 3528  Assistance Program to provide grants subject to legislative
 3529  appropriation to qualified local governmental entities to
 3530  acquire or develop land for public outdoor recreation purposes.
 3531  To the extent not needed for debt service on bonds issued
 3532  pursuant to s. 375.051, each year the department shall develop
 3533  and plan a program which shall be based upon funding of not less
 3534  than 5 percent of the money credited to the Land Acquisition
 3535  Trust Fund pursuant to s. 201.15(2) and (3) in that year. The
 3536  department shall develop and plan a program that must which
 3537  shall be based upon the cumulative total funding appropriated by
 3538  the Legislature for such purpose provided from this section and
 3539  from the Florida Forever Trust Fund pursuant to s.
 3540  259.105(3)(d).
 3541         (2)
 3542         (c) Funds may not be released under No release of funds
 3543  from the Land Acquisition Trust Fund, or from the Florida
 3544  Forever Trust Fund beginning in fiscal year 2001-2002, for this
 3545  program may be made for these public recreation projects until
 3546  the projects have been selected through the competitive
 3547  selection process provided for in this section.
 3548         Section 46. Section 376.11, Florida Statutes, is amended to
 3549  read:
 3550         376.11 Florida Coastal Protection Trust Fund.—
 3551         (1) The purpose of this section is to provide a mechanism
 3552  to have financial resources immediately available for prevention
 3553  of, and cleanup and rehabilitation after, a pollutant discharge,
 3554  to prevent further damage by the pollutant, and to pay for
 3555  damages. It is the legislative intent that this section be
 3556  liberally construed to effect the purposes set forth, such
 3557  interpretation being especially imperative in light of the
 3558  danger to the environment and resources.
 3559         (2) The Florida Coastal Protection Trust Fund is
 3560  established, to be used by the department and the Fish and
 3561  Wildlife Conservation Commission as a nonlapsing revolving fund
 3562  for carrying out the purposes of ss. 376.011-376.21.
 3563         (3)The following funds shall be deposited into the Florida
 3564  Coastal Protection Trust Fund: To this fund shall be credited
 3565         (a) All registration fees, penalties, judgments, damages
 3566  recovered pursuant to s. 376.121, other fees and charges related
 3567  to ss. 376.011-376.21, and the excise tax revenues levied,
 3568  collected, and credited pursuant to ss. 206.9935(1) and
 3569  206.9945(1)(a);
 3570         (b) Proceeds of fines and awards of damages pursuant to s.
 3571  161.054; and
 3572         (c) Funds from other sources otherwise specified by law.
 3573         (4) Charges against the fund shall be in accordance with
 3574  this section.
 3575         (5)(3) Moneys in the fund that are not needed currently to
 3576  meet the obligations of the department in the exercise of its
 3577  responsibilities under ss. 376.011-376.21 shall be deposited
 3578  with the Chief Financial Officer to the credit of the fund and
 3579  may be invested in such manner as is provided for by statute.
 3580  Interest received on such investment shall be credited to the
 3581  fund, except as otherwise specified herein.
 3582         (6)(4) Moneys in the Florida Coastal Protection Trust Fund
 3583  may shall be used disbursed for the following purposes and no
 3584  others:
 3585         (a) Carrying out the purposes of ss. 376.011-376.21.
 3586         (b)(a) Administrative expenses, personnel expenses, and
 3587  equipment costs of the department and the Fish and Wildlife
 3588  Conservation Commission related to the enforcement of ss.
 3589  376.011-376.21.
 3590         (c)(b) All costs involved in the prevention and abatement
 3591  of pollution related to the discharge of pollutants covered by
 3592  ss. 376.011-376.21 and the abatement of other potential
 3593  pollution hazards as authorized herein.
 3594         (d)(c) All costs and expenses of the cleanup, restoration,
 3595  and rehabilitation of waterfowl, wildlife, and all other natural
 3596  resources damaged by the discharge of pollutants, including the
 3597  costs of assessing and recovering damages to natural resources,
 3598  whether performed or authorized by the department or any other
 3599  state or local agency.
 3600         (e)(d) All provable costs and damages which are the
 3601  proximate results of the discharge of pollutants covered by ss.
 3602  376.011-376.21.
 3603         (f)(e) Loans to the Inland Protection Trust Fund created in
 3604  s. 376.3071.
 3605         (g)(f) The interest earned from investments of the balance
 3606  in the Florida Coastal Protection Trust Fund shall be used for
 3607  funding the administrative expenses, personnel expenses, and
 3608  equipment costs of the department relating to the enforcement of
 3609  ss. 376.011-376.21.
 3610         (h)(g) The funding of a grant program to local governments,
 3611  pursuant to s. 376.15(3)(d) and (e), for the removal of derelict
 3612  vessels from the public waters of the state.
 3613         (i)(h) The department may spend up to $1 million per year
 3614  from the principal of the fund to acquire, design, train, and
 3615  maintain emergency cleanup response teams and equipment located
 3616  at appropriate ports throughout the state for the purpose of
 3617  cleaning oil and other toxic materials from coastal waters. When
 3618  the teams and equipment are not needed for these purposes they
 3619  may be used for any other valid purpose of the department.
 3620         (j)(i) To provide a temporary transfer of funds in an
 3621  amount not to exceed $10 million to the Minerals Trust Fund as
 3622  set forth in s. 376.40.
 3623         (k)(j) Funding for marine law enforcement.
 3624         (7)(5) Any interest in lands acquired using moneys in the
 3625  Florida Coastal Protection Trust Fund shall be held by the
 3626  Trustees of the Internal Improvement Trust Fund, and such lands
 3627  shall be acquired pursuant to the procedures set forth in s.
 3628  253.025.
 3629         (8)(6) The department shall recover to the use of the fund
 3630  from the person or persons causing the discharge or from the
 3631  Federal Government, jointly and severally, all sums owed or
 3632  expended from the fund, pursuant to s. 376.123(10), except that
 3633  recoveries resulting from damage due to a discharge of a
 3634  pollutant or other similar disaster shall be apportioned between
 3635  the Florida Coastal Protection Trust Fund and the General
 3636  Revenue Fund so as to repay the full costs to the General
 3637  Revenue Fund of any sums disbursed therefrom as a result of such
 3638  disaster. Requests for reimbursement to the fund for the above
 3639  costs, if not paid within 30 days of demand, shall be turned
 3640  over to the Department of Legal Affairs for collection.
 3641         Section 47. Subsection (8) of section 376.123, Florida
 3642  Statutes, is amended to read:
 3643         376.123 Claims against the Florida Coastal Protection Trust
 3644  Fund.—
 3645         (8) If a person chooses to make a claim against the fund
 3646  and accepts payment from, or a judgment against, the fund, then
 3647  the department shall be subrogated to any cause of action that
 3648  the claimant may have had, to the extent of such payment or
 3649  judgment, and shall diligently pursue recovery on that cause of
 3650  action pursuant to subsection (10) and s. 376.11(8) s.
 3651  376.11(6). In any such action, the amount of damages shall be
 3652  proved by the department by submitting to the court a written
 3653  report of the amounts paid or owed from the fund to claimants.
 3654  Such written report shall be admissible as evidence, and the
 3655  amounts paid from or owed by the fund to the claimants stated
 3656  therein shall be irrebuttably presumed to be the amount of
 3657  damages.
 3658         Section 48. Paragraphs (g) through (l) are added to
 3659  subsection (1) of section 376.307, Florida Statutes, subsection
 3660  (4) of that section is amended, and subsection (8) is added to
 3661  that section, to read:
 3662         376.307 Water Quality Assurance Trust Fund.—
 3663         (1) The Water Quality Assurance Trust Fund is intended to
 3664  serve as a broad-based fund for use in responding to incidents
 3665  of contamination that pose a serious danger to the quality of
 3666  groundwater and surface water resources or otherwise pose a
 3667  serious danger to the public health, safety, or welfare. Moneys
 3668  in this fund may be used:
 3669         (g) For detailed planning for and implementation of
 3670  programs for the management and restoration of ecosystems.
 3671         (h)For development and implementation of surface water
 3672  improvement and management plans and programs under ss. 373.451
 3673  373.4595.
 3674         (i) For activities to restore polluted areas of the state,
 3675  as defined by the department, to their condition before
 3676  pollution occurred or to otherwise enhance pollution control
 3677  activities.
 3678         (j)For activities undertaken by the department to recover
 3679  moneys as a result of actions against a person for a violation
 3680  of chapter 373.
 3681         (k)Funding activities described in s. 403.086(9) which are
 3682  authorized for implementation under the Leah Schad Memorial
 3683  Ocean Outfall Program.
 3684         (l) Funding activities to restore or rehabilitate injured
 3685  or destroyed coral reefs.
 3686         (4) The trust fund shall be funded as follows:
 3687         (a) An annual transfer of interest funds from the Florida
 3688  Coastal Protection Trust Fund pursuant to s. 376.11(6)(g) s.
 3689  376.11(4)(f).
 3690         (b) All excise taxes levied, collected, and credited to the
 3691  Water Quality Assurance Trust Fund in accordance with the
 3692  provisions of ss. 206.9935(2) and 206.9945(1)(b).
 3693         (c) All penalties, judgments, recoveries, reimbursements,
 3694  and other fees and charges related to the enforcement of ss.
 3695  376.30-376.317, other than penalties, judgments, and other fees
 3696  and charges related to the enforcement of ss. 376.3071 and
 3697  376.3073.
 3698         (d) The fee on the retail sale of lead-acid batteries
 3699  credited to the Water Quality Assurance Trust Fund under s.
 3700  403.7185.
 3701         (e) All penalties, judgments, recoveries, reimbursements,
 3702  loans, and other fees and charges collected under s. 376.3078;
 3703  tax revenues levied, collected, and credited under ss. 376.70
 3704  and 376.75; and registration fees collected under s.
 3705  376.303(1)(d).
 3706         (f) All civil penalties recovered pursuant to s.
 3707  373.129(5)(a).
 3708         (g) Funds appropriated by the Legislature for the purposes
 3709  of ss. 373.451-373.4598.
 3710         (h) Moneys collected pursuant to s. 403.121 and designated
 3711  for deposit into the Water Quality Assurance Trust Fund.
 3712         (i) Moneys recovered by the state as a result of actions
 3713  against a person for a violation of chapter 373 or chapter 403
 3714  initiated by the department.
 3715         (j) Damages recovered for coral reef protection pursuant to
 3716  s. 403.93345.
 3717         (k) Funds available for the Leah Schad Memorial Ocean
 3718  Outfall Program pursuant to s. 403.08601.
 3719         (l)Funds received by the state for injury to or
 3720  destruction of coral reefs, which moneys would otherwise be
 3721  deposited into the General Revenue Fund or the Internal
 3722  Improvement Trust Fund. The department may enter into settlement
 3723  agreements that require responsible parties to pay a third party
 3724  to fund projects related to the restoration of a coral reef, to
 3725  accomplish mitigation for injury to a coral reef, or to support
 3726  the activities of law enforcement agencies related to coral reef
 3727  injury response, investigation, and assessment. Participation of
 3728  a law enforcement agency in the receipt of funds through this
 3729  mechanism shall be at the law enforcement agency’s discretion.
 3730         (m) Moneys from sources otherwise specified by law.
 3731         (8) A settlement entered into by the department may not
 3732  limit the Legislature’s authority to appropriate moneys from the
 3733  trust fund; however, the department may enter into a settlement
 3734  in which the department agrees to request that moneys received
 3735  pursuant to the settlement will be included in its legislative
 3736  budget request for purposes set out in the settlement; and
 3737  further, the department may enter into a settlement in cases
 3738  involving joint enforcement with the Hillsborough County
 3739  pollution control program, as a program approved by the
 3740  department pursuant to s. 403.182, in which the department
 3741  agrees that moneys are to be deposited into that local program’s
 3742  pollution recovery fund and used for projects directed toward
 3743  addressing the environmental damage that was the cause of action
 3744  for which funds were received.
 3745         Section 49. Subsection (4) of section 376.40, Florida
 3746  Statutes, is amended to read:
 3747         376.40 Petroleum exploration and production; purposes;
 3748  funding.—
 3749         (4) FUNDING.—There shall be deposited in the Minerals Trust
 3750  Fund:
 3751         (a) All fees charged permittees under ss. 377.24(1),
 3752  377.2408(1), and 377.2425(1)(b).
 3753         (b) All penalties, judgments, recoveries, reimbursements,
 3754  and other fees and charges related to the implementation of this
 3755  section.
 3756         (c) Any other funds required to be deposited in the trust
 3757  fund under provisions of law.
 3758  
 3759  If moneys on deposit in the trust fund are not sufficient to
 3760  satisfy the needed remedial or corrective action, and if the
 3761  responsible party does not take remedial and corrective action
 3762  in a timely manner or if a catastrophic event occurs, a
 3763  temporary transfer of the required amount, or a maximum of $10
 3764  million, from the Florida Coastal Protection Trust Fund pursuant
 3765  to s. 376.11(6)(j) s. 376.11(4)(i) is authorized. The Florida
 3766  Coastal Protection Trust Fund shall be reimbursed immediately
 3767  upon deposit into the Minerals Trust Fund of moneys referred to
 3768  in paragraph (b).
 3769         Section 50. Section 379.202, Florida Statutes, is repealed.
 3770         Section 51. Subsection (2) of section 379.206, Florida
 3771  Statutes, is amended to read:
 3772         379.206 Grants and Donations Trust Fund.—
 3773         (2) The fund is established for use as a depository for
 3774  funds to be used for allowable grant and donor agreement
 3775  activities funded by restricted contractual revenue. Moneys to
 3776  be credited to the trust fund shall consist of grants and
 3777  donations from private and public nonfederal sources,
 3778  development-of-regional-impact wildlife mitigation
 3779  contributions, interest earnings, and cash advances from other
 3780  trust funds.
 3781         Section 52. Section 379.212, Florida Statutes, is amended
 3782  to read:
 3783         379.212 Land Acquisition Trust Fund.—
 3784         (1)(a) There is established within the Fish and Wildlife
 3785  Conservation Commission the Land Acquisition Trust Fund to
 3786  implement s. 28, Art. X of the State Constitution for the
 3787  purpose of acquiring, assisting other agencies or local
 3788  governments in acquiring, or managing lands important to the
 3789  conservation of fish and wildlife.
 3790         (b) The Fish and Wildlife Conservation Commission or its
 3791  designee shall manage such lands for the primary purpose of
 3792  maintaining and enhancing their habitat value for fish and
 3793  wildlife. Other uses may be allowed that are not contrary to
 3794  this purpose.
 3795         (c) If Where acquisition pursuant to this section will
 3796  result in state ownership of land, title shall be vested in the
 3797  Board of Trustees of the Internal Improvement Trust Fund as
 3798  required in chapter 253. Land acquisition pursuant to this
 3799  section shall be voluntary, negotiated acquisition and, if where
 3800  title is to be vested in the Board of Trustees of the Internal
 3801  Improvement Trust Fund, is subject to the acquisition procedures
 3802  of s. 253.025.
 3803         (d) Acquisition costs shall include purchase prices and
 3804  costs and fees associated with title work, surveys, and
 3805  appraisals required to complete an acquisition.
 3806         (2) The fund may be credited with funds transferred from
 3807  the Land Acquisition Trust Fund within the Department of
 3808  Environmental Protection as provided in s. 375.041 Moneys which
 3809  may be deposited into the Land Acquisition Trust Fund for the
 3810  purposes of this section may include, but not be limited to,
 3811  donations, grants, development-of-regional-impact wildlife
 3812  mitigation contributions, or legislative appropriations.
 3813  Preservation 2000 acquisition moneys and Conservation and
 3814  Recreation Lands management moneys shall not be deposited into
 3815  this fund.
 3816         (3) The Fish and Wildlife Conservation Commission shall
 3817  maintain the integrity of such moneys transferred from the
 3818  Department of Environmental Protection. Any transferred moneys
 3819  available from reversions and reductions in budget authority
 3820  shall be transferred back to the Land Acquisition Trust Fund in
 3821  the Department of Environmental Protection within 15 days after
 3822  such reversion or reduction and must be available for future
 3823  appropriation pursuant to s. 28, Art. X of the State
 3824  Constitution.
 3825         Section 53. Effective upon becoming a law, all undisbursed,
 3826  unobligated balances and all certified forward appropriations
 3827  remaining in the Land Acquisition Trust Fund within the Fish and
 3828  Wildlife Conservation Commission on June 30, 2015, shall be
 3829  transferred to the Grants and Donations Trust Fund, FLAIR number
 3830  77-2-339, within the Fish and Wildlife Conservation Commission.
 3831         Section 54. Subsection (3) of section 379.362, Florida
 3832  Statutes, is amended to read:
 3833         379.362 Wholesale and retail saltwater products dealers;
 3834  regulation.—
 3835         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
 3836  Department of Agriculture and Consumer Services shall use or
 3837  distribute funds appropriated from the Land Acquisition Trust
 3838  Fund within the department paid into the State Treasury to the
 3839  credit of the General Inspection Trust Fund pursuant to s.
 3840  201.15, less reasonable costs of administration, to fund the
 3841  following oyster management and restoration programs in
 3842  Apalachicola Bay and other oyster harvest areas in the state:
 3843         (a) The relaying and transplanting of live oysters.
 3844         (b) Shell planting to construct or rehabilitate oyster
 3845  bars.
 3846         (c) Education programs for licensed oyster harvesters on
 3847  oyster biology, aquaculture, boating and water safety,
 3848  sanitation, resource conservation, small business management,
 3849  and other relevant subjects.
 3850         (d) Research directed toward the enhancement of oyster
 3851  production in the bay and the water management needs of the bay.
 3852         Section 55. Subsection (12) of section 380.0666, Florida
 3853  Statutes, is amended to read:
 3854         380.0666 Powers of land authority.—The land authority shall
 3855  have all the powers necessary or convenient to carry out and
 3856  effectuate the purposes and provisions of this act, including
 3857  the following powers, which are in addition to all other powers
 3858  granted by other provisions of this act:
 3859         (12) To identify parcels of land within the area or areas
 3860  of critical state concern that would be appropriate acquisitions
 3861  by the state from the Conservation and Recreational Lands Trust
 3862  Fund and recommend such acquisitions to the advisory council
 3863  established pursuant to s. 259.035 or its successor.
 3864         Section 56. Section 380.0677, Florida Statutes, is
 3865  repealed.
 3866         Section 57. Subsection (11) of section 380.507, Florida
 3867  Statutes, is amended to read:
 3868         380.507 Powers of the trust.—The trust shall have all the
 3869  powers necessary or convenient to carry out the purposes and
 3870  provisions of this part, including:
 3871         (11) To make rules necessary to carry out the purposes of
 3872  this part and to exercise any power granted in this part,
 3873  pursuant to the provisions of chapter 120. The trust shall adopt
 3874  rules governing the acquisition of lands with using proceeds
 3875  from the Preservation 2000 Trust Fund and the Florida Forever
 3876  Trust Fund, consistent with the intent expressed in the Florida
 3877  Forever Act. Such rules for land acquisition must include, but
 3878  are not limited to, procedures for appraisals and
 3879  confidentiality consistent with ss. 125.355(1)(a) and (b) and
 3880  166.045(1)(a) and (b), a method of determining a maximum
 3881  purchase price, and procedures to assure that the land is
 3882  acquired in a voluntarily negotiated transaction, surveyed,
 3883  conveyed with marketable title, and examined for hazardous
 3884  materials contamination. Land acquisition procedures of a local
 3885  land authority created pursuant to s. 380.0663 or s. 380.0677
 3886  may be used for the land acquisition programs described in
 3887  former s. by ss. 259.101(3)(c), Florida Statutes 2014, and in s.
 3888  259.105 if within areas of critical state concern designated
 3889  pursuant to s. 380.05, subject to approval of the trust.
 3890         Section 58. Subsection (4) of section 380.508, Florida
 3891  Statutes, is amended to read:
 3892         380.508 Projects; development, review, and approval.—
 3893         (4) Projects or activities which the trust undertakes,
 3894  coordinates, or funds in any manner shall comply with the
 3895  following guidelines:
 3896         (a) The purpose of redevelopment projects shall be to
 3897  restore areas which are adversely affected by scattered
 3898  ownership, poor lot layout, inadequate park and open space,
 3899  incompatible land uses, or other conditions which endanger the
 3900  environment or impede orderly development. Grants and loans
 3901  awarded for redevelopment projects shall be used for assembling
 3902  parcels of land within redevelopment project areas for the
 3903  redesign of such areas and for the installation of public
 3904  improvements required to serve such areas. After redesign and
 3905  installation of public improvements, if any, lands in
 3906  redevelopment projects, with the exception of lands acquired for
 3907  public purposes, shall be conveyed to any person for development
 3908  in accordance with a redevelopment project plan approved
 3909  according to this part.
 3910         (b) The purpose of resource enhancement projects shall be
 3911  to enhance natural resources which, because of indiscriminate
 3912  dredging or filling, improper location of improvements, natural
 3913  or human-induced events, or incompatible land uses, have
 3914  suffered loss of natural and scenic values. Grants and loans
 3915  awarded for resource enhancement projects shall be used for the
 3916  assembly of parcels of land to improve resource management, for
 3917  relocation of improperly located or designed improvements, and
 3918  for other corrective measures which will enhance the natural and
 3919  scenic character of project areas.
 3920         (c) The purpose of public access projects shall be to
 3921  acquire interests in and initially develop lands which are
 3922  suitable for and which will be used for public accessways to
 3923  surface waters. The trust shall identify local governments and
 3924  nonprofit organizations which will accept responsibility for
 3925  maintenance and liability for public accessways which are
 3926  located outside the state park system. The trust may lease any
 3927  public access site developed under this part to a local
 3928  government or nonprofit organization, provided that the
 3929  conditions of the lease guarantee public use of the site. The
 3930  trust may accept, from any local government or nonprofit
 3931  organization, fees collected for providing public access to
 3932  surface waters. The trust shall expend any such funds it accepts
 3933  only for acquisition, development, and maintenance of such
 3934  public accessways. To the maximum extent possible, the trust
 3935  shall expend such fees in the general area where they are
 3936  collected or in areas where public access to surface waters is
 3937  clearly deficient. The trust may transfer funds, including such
 3938  fees, to a local government or nonprofit organization to acquire
 3939  public access sites. In developing or coordinating public access
 3940  projects, the trust shall ensure that project plans involving
 3941  beach access are consistent with state laws governing beach
 3942  access.
 3943         (d) The purpose of urban waterfront restoration projects
 3944  shall be to restore deteriorated or deteriorating urban
 3945  waterfronts for public use and enjoyment. Urban waterfront
 3946  restoration projects shall include public access sites.
 3947         (e) The purpose of working waterfront projects shall be to
 3948  restore and preserve working waterfronts as provided in s.
 3949  380.5105.
 3950         (f) The trust shall cooperate with local governments, state
 3951  agencies, federal agencies, and nonprofit organizations in
 3952  ensuring the reservation of lands for parks, recreation, fish
 3953  and wildlife habitat, historical preservation, or scientific
 3954  study. If In the event that any local government, state agency,
 3955  federal agency, or nonprofit organization is unable, due to
 3956  limited financial resources or other circumstances of a
 3957  temporary nature, to acquire a site for the purposes described
 3958  in this paragraph, the trust may acquire and hold the site for
 3959  subsequent conveyance to the appropriate governmental agency or
 3960  nonprofit organization. The trust may provide such technical
 3961  assistance as is required to aid local governments, state and
 3962  federal agencies, and nonprofit organizations in completing
 3963  acquisition and related functions. The trust may shall not
 3964  reserve lands acquired in accordance with this paragraph for
 3965  more than 5 years from the time of acquisition. A local
 3966  government, federal or state agency, or nonprofit organization
 3967  may acquire the land at any time during this period for public
 3968  purposes. The purchase price shall be based upon the trust’s
 3969  cost of acquisition, plus administrative and management costs in
 3970  reserving the land. The payment of the this purchase price shall
 3971  be by money, trust-approved property of an equivalent value, or
 3972  a combination of money and trust-approved property. If, after
 3973  the 5-year period, the trust has not sold to a governmental
 3974  agency or nonprofit organization land acquired for site
 3975  reservation, the trust shall dispose of such land at fair market
 3976  value or shall trade it for other land of comparable value which
 3977  will serve to accomplish the purposes of this part. Any proceeds
 3978  from the sale of such land shall be deposited into in the
 3979  appropriate Florida Communities trust fund pursuant to s.
 3980  253.034(6)(k), (l), or (m). All moneys and revenue from the
 3981  operation, management, lease, or other disposition of land,
 3982  water areas, related resources, and the facilities thereon
 3983  acquired or constructed under this part shall be credited to or
 3984  deposited into the Internal Improvement Trust Fund.
 3985  
 3986  Project costs may include costs of providing parks, open space,
 3987  public access sites, scenic easements, and other areas and
 3988  facilities serving the public where such features are part of a
 3989  project plan approved according to this part. In undertaking or
 3990  coordinating projects or activities authorized by this part, the
 3991  trust shall, when appropriate, use and promote the use of
 3992  creative land acquisition methods, including the acquisition of
 3993  less than fee interest through, among other methods,
 3994  conservation easements, transfer of development rights, leases,
 3995  and leaseback arrangements. The trust also shall assist local
 3996  governments in the use of sound alternative methods of financing
 3997  for funding projects and activities authorized under by this
 3998  part. Any funds over and above eligible project costs, which
 3999  remain after completion of a project approved according to this
 4000  part, shall be transmitted to the state and deposited into in
 4001  the Florida Forever Florida Communities Trust Fund.
 4002         Section 59. Paragraph (f) of subsection (3) and subsections
 4003  (5) and (7) of section 380.510, Florida Statutes, are amended to
 4004  read:
 4005         380.510 Conditions of grants and loans.—
 4006         (3) In the case of a grant or loan for land acquisition,
 4007  agreements shall provide all of the following:
 4008         (f) The term of any grant using funds received from the
 4009  Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
 4010  shall be for a period not to exceed 24 months. The governing
 4011  board of the trust may offer a grant with a shorter term and may
 4012  extend a grant beyond 24 months when the grant recipient
 4013  demonstrates that significant progress is being made toward
 4014  closing the project or that extenuating circumstances warrant an
 4015  extension of time. If a local government project which was
 4016  awarded a grant is not closed within 24 months and the governing
 4017  board of the trust does not grant an extension, the grant
 4018  reverts to the trust’s unencumbered balance of Preservation 2000
 4019  funds to be redistributed to other eligible projects. The local
 4020  government may reapply for a grant to fund the project in the
 4021  trust’s next application cycle.
 4022  
 4023  Any deed or other instrument of conveyance whereby a nonprofit
 4024  organization or local government acquires real property under
 4025  this section shall set forth the interest of the state. The
 4026  trust shall keep at least one copy of any such instrument and
 4027  shall provide at least one copy to the Board of Trustees of the
 4028  Internal Improvement Trust Fund.
 4029         (5) Any funds the trust collects from a nonprofit
 4030  organization or local government under a grant or loan agreement
 4031  shall be deposited into in the Internal Improvement Florida
 4032  Communities Trust Fund within the Department of Environmental
 4033  Protection.
 4034         (7) Any funds received by the trust from the Preservation
 4035  2000 Trust Fund pursuant to s. 259.105(3)(c) or s. 375.041 s.
 4036  259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.
 4037  259.105(3)(c) shall be held separate and apart from any other
 4038  funds held by the trust and shall be used for the land
 4039  acquisition purposes of this part. In addition to the other
 4040  conditions set forth in this section, the disbursement of
 4041  Preservation 2000 and Florida Forever funds from the trust shall
 4042  be subject to the following conditions:
 4043         (a) The administration and use of Florida Forever any funds
 4044  are received by the trust from the Preservation 2000 Trust Fund
 4045  and the Florida Forever Trust Fund shall be subject to such
 4046  terms and conditions imposed thereon by the agency of the state
 4047  responsible for the bonds, the proceeds of which are deposited
 4048  into in the Preservation 2000 Trust Fund and the Florida Forever
 4049  Trust Fund, including restrictions imposed to ensure that the
 4050  interest on any such bonds issued by the state as tax-exempt
 4051  bonds is will not be included in the gross income of the holders
 4052  of such bonds for federal income tax purposes.
 4053         (b) All deeds or leases with respect to any real property
 4054  acquired with funds received by the trust from the Preservation
 4055  2000 Trust Fund, the Florida Forever Trust Fund, or the Land
 4056  Acquisition Trust Fund must shall contain such covenants and
 4057  restrictions as are sufficient to ensure that the use of such
 4058  real property at all times complies with s. 375.051 and s. 9,
 4059  Art. XII of the State Constitution. Each deed All deeds or lease
 4060  leases with respect to any real property acquired with funds
 4061  received by the trust from the Florida Forever Trust Fund before
 4062  July 1, 2015, must shall contain such covenants and restrictions
 4063  as are sufficient to ensure that the use of such real property
 4064  at all times complies with s. 11(e), Art. VII of the State
 4065  Constitution. Each deed or lease with respect to any real
 4066  property acquired with funds received by the trust from the
 4067  Florida Forever Trust Fund after July 1, 2015, must contain
 4068  covenants and restrictions sufficient to ensure that the use of
 4069  such real property at all times complies with s. 28, Art. X of
 4070  the State Constitution. Each deed or lease must shall contain a
 4071  reversion, conveyance, or termination clause that vests will
 4072  vest title in the Board of Trustees of the Internal Improvement
 4073  Trust Fund if any of the covenants or restrictions are violated
 4074  by the titleholder or leaseholder or by some third party with
 4075  the knowledge of the titleholder or leaseholder.
 4076         Section 60. Section 380.511, Florida Statutes, is repealed.
 4077         Section 61. Subsection (2) of section 403.0615, Florida
 4078  Statutes, is amended to read:
 4079         403.0615 Water resources restoration and preservation.—
 4080         (2) Subject to specific legislative appropriation, the
 4081  department shall establish a program to assist in the
 4082  restoration and preservation of bodies of water and to enhance
 4083  existing public access when deemed necessary for the enhancement
 4084  of the restoration effort. This program shall be funded from the
 4085  General Revenue Fund, from funds available from the Ecosystem
 4086  Management and Restoration Trust Fund, and from available
 4087  federal moneys.
 4088         Section 62. Section 403.08601, Florida Statutes, is amended
 4089  to read:
 4090         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 4091  Legislature declares that as funds become available the state
 4092  may assist the local governments and agencies responsible for
 4093  implementing the Leah Schad Memorial Ocean Outfall Program
 4094  pursuant to s. 403.086(9). Funds received from other sources
 4095  provided for in law, the General Appropriations Act, from gifts
 4096  designated for implementation of the plan from individuals,
 4097  corporations, or other entities, or federal funds appropriated
 4098  by Congress for implementation of the plan, may be deposited
 4099  into an account of the Water Quality Assurance Ecosystem
 4100  Management and Restoration Trust Fund created pursuant to s.
 4101  403.1651.
 4102         Section 63. Subsection (11) of section 403.121, Florida
 4103  Statutes, is amended to read:
 4104         403.121 Enforcement; procedure; remedies.—The department
 4105  shall have the following judicial and administrative remedies
 4106  available to it for violations of this chapter, as specified in
 4107  s. 403.161(1).
 4108         (11) Penalties collected pursuant to this section shall be
 4109  deposited into in the Water Quality Assurance Ecosystem
 4110  Management and Restoration Trust Fund or other trust fund
 4111  designated by statute and shall be used to fund the restoration
 4112  of ecosystems, or polluted areas of the state, as defined by the
 4113  department, to their condition before pollution occurred. The
 4114  Florida Conflict Resolution Consortium may use a portion of the
 4115  fund to administer the mediation process provided in paragraph
 4116  (2)(e) and to contract with private mediators for administrative
 4117  penalty cases.
 4118         Section 64. Section 403.1651, Florida Statutes, is
 4119  repealed.
 4120         Section 65. Subsection (1) of section 403.885, Florida
 4121  Statutes, is amended to read:
 4122         403.885 Water Projects Grant Program.—
 4123         (1) The Department of Environmental Protection shall
 4124  administer a grant program to use funds transferred pursuant to
 4125  s. 212.20 to the Ecosystem Management and Restoration Trust Fund
 4126  or other moneys as appropriated by the Legislature for water
 4127  quality improvement, stormwater management, wastewater
 4128  management, and water restoration and other water projects as
 4129  specifically appropriated by the Legislature. Eligible
 4130  recipients of such grants include counties, municipalities,
 4131  water management districts, and special districts that have
 4132  legal responsibilities for water quality improvement, water
 4133  management, stormwater management, wastewater management, lake
 4134  and river water restoration projects, and drinking water
 4135  projects pursuant to this section.
 4136         Section 66. Section 403.8911, Florida Statutes, is
 4137  repealed.
 4138         Section 67. Subsection (6) of section 403.9325, Florida
 4139  Statutes, is amended to read:
 4140         403.9325 Definitions.—For the purposes of ss. 403.9321
 4141  403.9333, the term:
 4142         (6) “Public lands set aside for conservation or
 4143  preservation” means:
 4144         (a) Lands and interests acquired with funds deposited into
 4145  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 4146  the State Constitution;
 4147         (b)(a) Conservation and recreation lands under chapter 259;
 4148         (c)(b) State and national parks;
 4149         (d)(c) State and national reserves and preserves, except as
 4150  provided in s. 403.9326(3);
 4151         (e)(d) State and national wilderness areas;
 4152         (f)(e) National wildlife refuges (only those lands under
 4153  Federal Government ownership);
 4154         (g)(f) Lands acquired through the former Water Management
 4155  Lands Trust Fund, Save Our Rivers Program;
 4156         (h)(g) Lands acquired under the Save Our Coast program;
 4157         (i)(h) Lands acquired under the environmentally endangered
 4158  lands bond program;
 4159         (j)(i) Public lands designated as conservation or
 4160  preservation under a local government comprehensive plan;
 4161         (k)(j) Lands purchased by a water management district, the
 4162  Fish and Wildlife Conservation Commission, or any other state
 4163  agency for conservation or preservation purposes;
 4164         (l)(k) Public lands encumbered by a conservation easement
 4165  that does not provide for the trimming of mangroves; and
 4166         (m)(l) Public lands designated as critical wildlife areas
 4167  by the Fish and Wildlife Conservation Commission.
 4168         Section 68. Paragraph (f) of subsection (3) and subsection
 4169  (11) of section 403.93345, Florida Statutes, are amended to
 4170  read:
 4171         403.93345 Coral reef protection.—
 4172         (3) As used in this section, the term:
 4173         (f) “Fund” means the Water Quality Assurance Ecosystem
 4174  Management and Restoration Trust Fund.
 4175         (11) All damages recovered by or on behalf of this state
 4176  for injury to, or destruction of, the coral reefs of the state
 4177  that would otherwise be deposited in the general revenue
 4178  accounts of the State Treasury or in the Internal Improvement
 4179  Trust Fund shall be deposited into in the Water Quality
 4180  Assurance Ecosystem Management and Restoration Trust Fund in the
 4181  department and shall remain in such account until expended by
 4182  the department for the purposes of this section. Moneys in the
 4183  fund received from damages recovered for injury to, or
 4184  destruction of, coral reefs must be expended only for the
 4185  following purposes:
 4186         (a) To provide funds to the department for reasonable costs
 4187  incurred in obtaining payment of the damages for injury to, or
 4188  destruction of, coral reefs, including administrative costs and
 4189  costs of experts and consultants. Such funds may be provided in
 4190  advance of recovery of damages.
 4191         (b) To pay for restoration or rehabilitation of the injured
 4192  or destroyed coral reefs or other natural resources by a state
 4193  agency or through a contract to any qualified person.
 4194         (c) To pay for alternative projects selected by the
 4195  department. Any such project shall be selected on the basis of
 4196  its anticipated benefits to the residents of this state who used
 4197  the injured or destroyed coral reefs or other natural resources
 4198  or will benefit from the alternative project.
 4199         (d) All claims for trust fund reimbursements under
 4200  paragraph (a) must be made within 90 days after payment of
 4201  damages is made to the state.
 4202         (e) Each private recipient of fund disbursements shall be
 4203  required to agree in advance that its accounts and records of
 4204  expenditures of such moneys are subject to audit at any time by
 4205  appropriate state officials and to submit a final written report
 4206  describing such expenditures within 90 days after the funds have
 4207  been expended.
 4208         (f) When payments are made to a state agency from the fund
 4209  for expenses compensable under this subsection, such
 4210  expenditures shall be considered as being for extraordinary
 4211  expenses, and no agency appropriation shall be reduced by any
 4212  amount as a result of such reimbursement.
 4213         Section 69. Section 570.207, Florida Statutes, is repealed.
 4214         Section 70. Subsection (2) of section 570.321, Florida
 4215  Statutes, is amended to read:
 4216         570.321 Plant Industry Trust Fund.—
 4217         (2) Funds to be credited to and uses of the trust fund
 4218  shall be administered in accordance with ss. 259.032, 581.031,
 4219  581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
 4220  593.117.
 4221         Section 71. Subsection (12) of section 570.71, Florida
 4222  Statutes, is amended to read:
 4223         570.71 Conservation easements and agreements.—
 4224         (12) The department may use appropriated funds from the
 4225  following sources to implement this section:
 4226         (a) State funds;
 4227         (b) Federal funds;
 4228         (c) Other governmental entities;
 4229         (d) Nongovernmental organizations; or
 4230         (e) Private individuals.
 4231  
 4232  Any such funds provided, other than from the Land Acquisition
 4233  Trust Fund, shall be deposited into the Incidental Conservation
 4234  and Recreation Lands Program Trust Fund within the Department of
 4235  Agriculture and Consumer Services and used for the purposes of
 4236  this section, including administrative and operating expenses
 4237  related to appraisals, mapping, title process, personnel, and
 4238  other real estate expenses.
 4239         Section 72. Paragraph (c) of subsection (1) of section
 4240  895.09, Florida Statutes, is amended to read:
 4241         895.09 Disposition of funds obtained through forfeiture
 4242  proceedings.—
 4243         (1) A court entering a judgment of forfeiture in a
 4244  proceeding brought pursuant to s. 895.05 shall retain
 4245  jurisdiction to direct the distribution of any cash or of any
 4246  cash proceeds realized from the forfeiture and disposition of
 4247  the property. The court shall direct the distribution of the
 4248  funds in the following order of priority:
 4249         (c) Any claim by the Board of Trustees of the Internal
 4250  Improvement Trust Fund on behalf of the Internal Improvement
 4251  Trust Fund or the Land Acquisition trust fund used pursuant to
 4252  s. 253.03(12), not including administrative costs of the
 4253  Department of Environmental Protection previously paid directly
 4254  from the Internal Improvement Trust Fund in accordance with
 4255  legislative appropriation.
 4256         Section 73. Except as otherwise expressly provided in this
 4257  act and except for this section, which shall take effect upon
 4258  this act becoming law, this act shall take effect July 1, 2015.