Florida Senate - 2015                                     SB 584
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00328-15                                             2015584__
    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, revenues of, and all
    9         outstanding appropriations of the trust funds;
   10         requiring the departments and the commission,
   11         respectively, to pay outstanding debts or obligations
   12         of the trust funds; requiring that the Chief Financial
   13         Officer close out and remove the terminated funds from
   14         the state accounting system; amending s. 17.61, F.S.;
   15         requiring moneys in land acquisition trust funds
   16         created or designated to receive funds under s. 28,
   17         Art. X of the State Constitution to be retained in
   18         those trust funds; repealing s. 161.05301, F.S.,
   19         relating to beach erosion control project staffing;
   20         amending s. 161.054, F.S.; redirecting certain
   21         proceeds from the Ecosystem Management and Restoration
   22         Trust Fund to the Florida Coastal Protection Trust
   23         Fund; amending s. 161.091, F.S.; authorizing
   24         disbursements from the Land Acquisition Trust Fund for
   25         the beach management plan; amending s. 211.3103, F.S.;
   26         authorizing a percentage of proceeds from the
   27         phosphate rock excise tax to be credited to the State
   28         Park Trust Fund; amending s. 215.20, F.S.; conforming
   29         provisions to changes made by the act; amending s.
   30         215.618, F.S.; authorizing Florida Forever bonds to be
   31         issued to finance or refinance the acquisition and
   32         improvement of land, water areas, and related property
   33         interests; amending ss. 215.619, 253.027, and 253.03,
   34         F.S.; conforming provisions to changes made by the
   35         act; amending s. 253.034, F.S.; requiring proceeds
   36         from the sale of surplus conservation lands before a
   37         certain date to be deposited into the Florida Forever
   38         Trust Fund and after such date under certain
   39         circumstances into the Land Acquisition Trust Fund;
   40         prohibiting more than a certain amount of funds to be
   41         expended from the Land Acquisition Trust Fund for
   42         funding a certain contractual arrangement; amending s.
   43         253.7824, F.S.; conforming provisions to changes made
   44         by the act; amending s. 258.435, F.S.; requiring
   45         moneys received in trust by the Department of
   46         Environmental Protection relating to aquatic preserves
   47         to be deposited into the State Park Trust Fund;
   48         amending s. 259.032, F.S.; conforming provisions
   49         affected by the termination of the Conservation and
   50         Recreation Lands Trust Fund; authorizing state
   51         agencies designated to manage lands acquired with
   52         funds deposited into the Land Acquisition Trust Fund
   53         to contract with local governments and soil and water
   54         conservation districts to assist in management
   55         activities; amending s. 259.035, F.S.; requiring the
   56         Acquisition and Restoration Council to develop rules
   57         defining specific criteria and numeric performance
   58         measures needed for lands acquired with funds
   59         deposited into the Land Acquisition Trust Fund
   60         pursuant to s. 28(a), Art. X of the State
   61         Constitution; requiring the proposed rules to be
   62         submitted to the Legislature for consideration;
   63         requiring recipients of funds from the Land
   64         Acquisition Trust Fund to annually report to the
   65         Division of State Lands; requiring the council to
   66         consider and evaluate in writing each project proposed
   67         for acquisition using such funds and ensure that each
   68         proposed project meets the requirements of s. 28, Art.
   69         X of the State Constitution; amending ss. 259.036,
   70         259.037, 259.04, and 259.041, F.S.; conforming cross
   71         references; amending s. 259.101, F.S.; conforming
   72         provisions affected by the termination of the
   73         Preservation 2000 Trust Fund; requiring agencies and
   74         water management districts that acquired lands using
   75         Preservation 2000 funds to make them available for
   76         public recreational use; requiring water management
   77         districts and the department to control the growth of
   78         nonnative invasive plant species on certain lands;
   79         amending s. 259.105, F.S.; deleting obsolete
   80         provisions; conforming cross-references; prohibiting
   81         more than a certain amount of funds to be expended
   82         from the Land Acquisition Trust Fund for funding a
   83         certain contractual arrangement; amending s. 259.1051,
   84         F.S.; conforming cross-references; amending s.
   85         338.250, F.S.; conforming provisions to changes made
   86         by the act; repealing s. 373.026(8)(c), F.S., relating
   87         to the use of state funds for land purchases for
   88         certain projects; amending s. 373.089, F.S.;
   89         conforming provisions to changes made by the act;
   90         amending s. 373.129, F.S.; requiring certain civil
   91         penalties to be deposited into the Water Quality
   92         Assurance Trust Fund; amending ss. 373.1391 and
   93         373.199, F.S.; conforming provisions to changes made
   94         by the act; amending s. 373.430, F.S.; requiring
   95         certain moneys to be deposited into the Florida Permit
   96         Fee Trust Fund rather than the Ecosystem Management
   97         and Restoration Trust Fund; amending ss. 373.459,
   98         373.4592, 373.45926, 373.470, and 373.584, F.S.;
   99         conforming provisions to changes made by the act;
  100         amending s. 373.59, F.S.; conforming provisions
  101         affected by the termination of the Water Management
  102         Lands Trust Fund; amending s. 373.5905, F.S.;
  103         conforming a cross-reference; amending ss. 373.703 and
  104         375.031, F.S.; conforming provisions to changes made
  105         by the act; amending s. 375.041, F.S.; designating the
  106         Land Acquisition Trust Fund within the Department of
  107         Environmental Protection for receipt of certain
  108         documentary stamp tax revenues for the prescribed uses
  109         of s. 28, Art. X of the State Constitution; providing
  110         priority for the use of moneys in the trust fund;
  111         requiring agencies receiving transfers of moneys from
  112         the fund to maintain the integrity of such funds;
  113         amending s. 375.044, F.S.; conforming provisions to
  114         changes made by the act; repealing s. 375.045, F.S.,
  115         relating to the Florida Preservation 2000 Trust Fund;
  116         amending s. 375.075, F.S.; conforming provisions to
  117         changes made by the act; amending s. 376.11, F.S.;
  118         revising the funds required to be deposited into the
  119         Florida Coastal Protection Trust Fund and the purposes
  120         for which such funds may be used; amending s. 376.123,
  121         F.S.; conforming a cross-reference; amending s.
  122         376.307, F.S.; revising the funds required to be
  123         deposited into the Water Quality Assurance Trust Fund
  124         and the purposes for which such funds may be used;
  125         amending s. 376.40, F.S.; conforming a cross
  126         reference; repealing s. 379.202, F.S., relating to the
  127         Conservation and Recreation Lands Program Trust Fund
  128         of the Fish and Wildlife Conservation Commission;
  129         amending s. 379.206, F.S.; requiring grants and
  130         donations from development-of-regional-impact wildlife
  131         mitigation contributions to be credited to the Grants
  132         and Donations Trust Fund; amending s. 379.212, F.S.;
  133         providing that the Land Acquisition Trust Fund within
  134         the Fish and Wildlife Conservation Commission shall be
  135         used to implement s. 28, Art. X of the State
  136         Constitution; authorizing the department to transfer
  137         certain funds; requiring the commission to maintain
  138         the integrity of such funds; amending s. 379.362,
  139         F.S.; requiring the Department of Agriculture and
  140         Consumer Services to use funds appropriated from the
  141         Land Acquisition Fund within the Department of
  142         Environmental Protection to fund certain oyster
  143         management and restoration programs; amending s.
  144         380.0666, F.S.; conforming provisions to changes made
  145         by the act; repealing s. 380.0677, F.S., relating to
  146         the Green Swamp Land Authority; amending s. 380.507,
  147         F.S.; conforming provisions to changes made by the
  148         act; amending s. 380.508, F.S.; requiring certain
  149         funds to be credited to or deposited into the Internal
  150         Improvement Trust Fund; requiring funds over and above
  151         eligible project costs to be deposited into the
  152         Florida Forever Trust Fund rather than the Florida
  153         Communities Trust Fund; amending s. 380.510, F.S.;
  154         requiring certain funds collected under a grant or
  155         loan agreement to be deposited into the Internal
  156         Improvement Trust Fund rather than the Florida
  157         Communities Trust Fund; requiring the deed or lease of
  158         any real property acquired with certain funds to
  159         contain covenants and restrictions sufficient to
  160         ensure that the use of such real property complies
  161         with s. 28, Art. X of the State Constitution;
  162         repealing s. 380.511, F.S., relating to the Florida
  163         Communities Trust Fund; amending s. 403.0615, F.S.;
  164         conforming provisions to changes made by the act;
  165         amending ss. 403.08601 and 403.121, F.S.; requiring
  166         certain funds to be deposited into the Water Quality
  167         Assurance Trust Fund rather than the Ecosystem
  168         Management and Restoration Trust Fund; repealing s.
  169         403.1651, F.S., relating to the Ecosystem Management
  170         and Restoration Trust Fund; amending s. 403.885, F.S.;
  171         conforming provisions to changes made by the act;
  172         repealing s. 403.8911, F.S., relating to the annual
  173         appropriation from the Water Protection and
  174         Sustainability Program Trust Fund; amending s.
  175         403.9325, F.S.; redefining the term “public lands set
  176         aside for conservation or preservation” to include
  177         lands and interests acquired with funds deposited into
  178         the Land Acquisition Trust Fund; amending s.
  179         403.93345, F.S.; redefining the term “fund” to mean
  180         the Water Quality Assurance Trust Fund; requiring
  181         certain funds to be deposited into the Water Quality
  182         Assurance Trust Fund rather than the Ecosystem
  183         Management and Restoration Trust Fund; repealing s.
  184         570.207, F.S., relating to the Conservation and
  185         Recreation Lands Program Trust Fund of the Department
  186         of Agriculture and Consumer Services; amending s.
  187         570.321, F.S.; conforming provisions to changes made
  188         by the act; amending s. 570.71, F.S.; excluding funds
  189         from the Land Acquisition Trust Fund from being
  190         deposited into the Incidental Trust Fund under certain
  191         circumstances; amending s. 895.09, F.S.; conforming
  192         provisions to changes made by the act; making
  193         technical changes; reenacting s. 260.015(1)(c), F.S.,
  194         to incorporate the amendment made by this act to s.
  195         259.035, F.S., in a reference thereto; reenacting s.
  196         258.015(3)(b), F.S., to incorporate the amendment made
  197         by this act to s. 375.041, F.S., in a reference
  198         thereto; reenacting s. 287.0595(2), F.S., to
  199         incorporate the amendment made by this act to s.
  200         376.307, F.S., in a reference thereto; providing an
  201         effective date.
  202          
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. (1) The following trust funds within the
  206  Department of Environmental Protection are terminated:
  207         (a) The Florida Preservation 2000 Trust Fund, FLAIR number
  208  37-2-332.
  209         (b) The Florida Communities Trust Fund, FLAIR number 37-2
  210  244.
  211         (c) The Ecosystem Management and Restoration Trust Fund,
  212  FLAIR number 37-2-193.
  213         (d) The Water Management Lands Trust Fund, FLAIR number 37
  214  2-776.
  215         (e) The Conservation and Recreation Lands Trust Fund, FLAIR
  216  number 37-2-131.
  217         (2)(a) All current balances remaining in, and all revenues
  218  of, the Florida Preservation 2000 Trust Fund shall be
  219  transferred to the Florida Forever Trust Fund, FLAIR number 37
  220  2-348, within the Department of Environmental Protection.
  221         (b) The Department of Environmental Protection shall pay
  222  any outstanding debts and obligations of the Florida
  223  Preservation 2000 Trust Fund as soon as practicable and the
  224  Chief Financial Officer shall close out and remove that
  225  terminated trust fund from the various state accounting systems
  226  using generally accepted accounting principles concerning
  227  warrants outstanding, assets, and liabilities.
  228         (3)(a) All undisbursed, unobligated balances of
  229  appropriations from the Florida Communities Trust Fund which
  230  have reverted pursuant to s. 216.301, Florida Statutes, shall be
  231  transferred to the Florida Forever Trust Fund, FLAIR number 37
  232  2-348, within the Department of Environmental Protection as soon
  233  as practicable after September 30, 2015, as to reverted
  234  appropriations for operations and as soon as practicable after
  235  the Governor furnishes the annual report required pursuant to s.
  236  216.301(2), Florida Statutes, as to reverted fixed capital
  237  outlay appropriations. All such reverted and transferred
  238  balances must be available for reappropriation by the
  239  Legislature.
  240         (b) All undisbursed, unobligated balances of appropriations
  241  from the Ecosystem Management and Restoration Trust Fund which
  242  have reverted pursuant to s. 216.301, Florida Statutes, shall be
  243  transferred to the Water Quality Assurance Trust Fund, FLAIR
  244  number 37-2-780, within the Department of Environmental
  245  Protection as soon as practicable after September 30, 2015, as
  246  to reverted appropriations for operations and as soon as
  247  practicable after the Governor furnishes the annual report
  248  required pursuant to s. 216.301(2), Florida Statutes, as to
  249  reverted fixed capital outlay appropriations. All such reverted
  250  and transferred balances must be available for reappropriation
  251  by the Legislature.
  252         (c) All undisbursed, unobligated balances of appropriations
  253  from the Water Management Lands Trust Fund which have reverted
  254  pursuant to s. 216.301, Florida Statutes, shall be transferred
  255  to the Water Quality Assurance Trust Fund, FLAIR number 37-2
  256  780, within the Department of Environmental Protection as soon
  257  as practicable after September 30, 2015, as to reverted
  258  appropriations for operations and as soon as practicable after
  259  the Governor furnishes the annual report required pursuant to s.
  260  216.301(2), Florida Statutes, as to reverted fixed capital
  261  outlay appropriations. All such reverted and transferred
  262  balances must be available for reappropriation by the
  263  Legislature.
  264         (d) All undisbursed, unobligated balances of fixed capital
  265  outlay appropriations in the Conservation and Recreation Lands
  266  Trust Fund which have reverted pursuant to s. 216.301, Florida
  267  Statutes, shall be transferred to the Water Quality Assurance
  268  Trust Fund, FLAIR number 37-2-780, within the Department of
  269  Environmental Protection as soon as practicable after September
  270  30, 2015, as to reverted appropriations for operations and as
  271  soon as practicable after the Governor furnishes the annual
  272  report required pursuant to s. 216.301(2), Florida Statutes, as
  273  to reverted fixed capital outlay appropriations. All such
  274  reverted and transferred balances must be available for
  275  reappropriation by the Legislature.
  276         (e) The Department of Environmental Protection shall pay
  277  any outstanding debts and obligations of each of the trust funds
  278  identified in paragraphs (a)–(d) as soon as practicable. After
  279  the payment of all such outstanding debts and obligations and
  280  the transfer of all reverted undisbursed and unobligated
  281  appropriation balances from a trust fund identified in
  282  paragraphs (a)-(d), the Chief Financial Officer shall close out
  283  and remove each such trust fund from the various state
  284  accounting systems using generally accepted accounting
  285  principles concerning warrants outstanding, assets, and
  286  liabilities.
  287         Section 2. (1) The Conservation and Recreation Lands
  288  Program Trust Fund, FLAIR number 42-2-931, within the Department
  289  of Agriculture and Consumer Services is terminated.
  290         (2) The Department of Agriculture and Consumer Services
  291  shall pay any outstanding debts or obligations of the terminated
  292  trust fund as soon as practicable, and the Chief Financial
  293  Officer shall close out and remove that terminated trust fund
  294  from the various state accounting systems using generally
  295  accepted accounting principles concerning warrants outstanding,
  296  assets, and liabilities.
  297         Section 3. (1) The Conservation and Recreation Lands
  298  Program Trust Fund, FLAIR number 72-2-931, within the Fish and
  299  Wildlife Conservation Commission is terminated.
  300         (2) The Fish and Wildlife Conservation Commission shall pay
  301  any outstanding debts or obligations of the terminated trust
  302  fund as soon as practicable, and the Chief Financial Officer
  303  shall close out and remove that terminated trust fund from the
  304  various state accounting systems using generally accepted
  305  accounting principles concerning warrants outstanding, assets,
  306  and liabilities.
  307         Section 4. Paragraph (e) is added to subsection (3) of
  308  section 17.61, Florida Statutes, to read:
  309         17.61 Chief Financial Officer; powers and duties in the
  310  investment of certain funds.—
  311         (3)
  312         (e) Moneys in any land acquisition trust fund created or
  313  designated to receive funds under s. 28, Art. X of the State
  314  Constitution may not be invested as provided in this section,
  315  but shall be retained in those trust funds, with the interest
  316  appropriated to the General Revenue Fund, as provided in s.
  317  17.57.
  318         Section 5. Section 161.05301, Florida Statutes, is
  319  repealed.
  320         Section 6. Subsection (3) of section 161.054, Florida
  321  Statutes, is amended to read:
  322         161.054 Administrative fines; liability for damage; liens.—
  323         (3) The imposition of a fine or an award of damages
  324  pursuant to this section shall create a lien upon the real and
  325  personal property of the violator, enforceable by the department
  326  as are statutory liens under chapter 85. The proceeds of such
  327  fines and awards of damages shall be deposited in the Florida
  328  Coastal Protection Ecosystem Management and Restoration Trust
  329  Fund.
  330         Section 7. Subsections (1) and (3) of section 161.091,
  331  Florida Statutes, are amended to read:
  332         161.091 Beach management; funding; repair and maintenance
  333  strategy.—
  334         (1) Subject to such appropriations as the Legislature may
  335  make therefor from time to time, disbursements from the Land
  336  Acquisition Ecosystem Management and Restoration Trust Fund may
  337  be made by the department in order to carry out the proper state
  338  responsibilities in a comprehensive, long-range, statewide beach
  339  management plan for erosion control; beach preservation,
  340  restoration, and nourishment; and storm and hurricane protection
  341  and other activities authorized for beaches and shores pursuant
  342  to s. 28, Art. X of the State Constitution. Legislative intent
  343  in appropriating such funds is for the implementation of those
  344  projects that contribute most significantly to addressing the
  345  state’s beach erosion problems.
  346         (3) In accordance with the intent expressed in s. 161.088
  347  and the legislative finding that erosion of the beaches of this
  348  state is detrimental to tourism, the state’s major industry,
  349  further exposes the state’s highly developed coastline to severe
  350  storm damage, and threatens beach-related jobs, which, if not
  351  stopped, may significantly reduce state sales tax revenues,
  352  funds deposited into the State Treasury to the credit of the
  353  Land Acquisition Ecosystem Management and Restoration Trust
  354  Fund, in the annual amounts provided in s. 201.15, shall be
  355  used, for a period of not less than 15 years, to fund the
  356  development, implementation, and administration of the state’s
  357  beach management plan, as provided in ss. 161.091-161.212 and as
  358  authorized in s. 28, Art. X of the State Constitution, prior to
  359  the use of such funds deposited pursuant to s. 201.15 in that
  360  trust fund for any other purpose.
  361         Section 8. Paragraphs (a) and (b) of subsection (6) of
  362  section 211.3103, Florida Statutes, are amended to read:
  363         211.3103 Levy of tax on severance of phosphate rock; rate,
  364  basis, and distribution of tax.—
  365         (6)(a) Beginning January 1, 2023 July 1 of the 2011-2012
  366  fiscal year, the proceeds of all taxes, interest, and penalties
  367  imposed under this section are exempt from the general revenue
  368  service charge provided in s. 215.20, and such proceeds shall be
  369  paid into the State Treasury as follows:
  370         1. To the credit of the State Park Conservation and
  371  Recreation Lands Trust Fund, 25.5 percent.
  372         2. To the credit of the General Revenue Fund of the state,
  373  35.7 percent.
  374         3. For payment to counties in proportion to the number of
  375  tons of phosphate rock produced from a phosphate rock matrix
  376  located within such political boundary, 12.8 percent. The
  377  department shall distribute this portion of the proceeds
  378  annually based on production information reported by the
  379  producers on the annual returns for the taxable year. Any such
  380  proceeds received by a county shall be used only for phosphate
  381  related expenses.
  382         4. For payment to counties that have been designated as a
  383  rural area of opportunity pursuant to s. 288.0656 in proportion
  384  to the number of tons of phosphate rock produced from a
  385  phosphate rock matrix located within such political boundary,
  386  10.0 percent. The department shall distribute this portion of
  387  the proceeds annually based on production information reported
  388  by the producers on the annual returns for the taxable year.
  389  Payments under this subparagraph shall be made to the counties
  390  unless the Legislature by special act creates a local authority
  391  to promote and direct the economic development of the county. If
  392  such authority exists, payments shall be made to that authority.
  393         5. To the credit of the Nonmandatory Land Reclamation Trust
  394  Fund, 6.2 percent.
  395         6. To the credit of the Phosphate Research Trust Fund in
  396  the Division of Universities of the Department of Education, 6.2
  397  percent.
  398         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  399         (b) Notwithstanding paragraph (a), from January 1, 2015,
  400  until December 31, 2022, the proceeds of all taxes, interest,
  401  and penalties imposed under this section are exempt from the
  402  general revenue service charge provided in s. 215.20, and such
  403  proceeds shall be paid to the State Treasury as follows:
  404         1. To the credit of the State Park Conservation and
  405  Recreation Lands Trust Fund, 22.8 percent.
  406         2. To the credit of the General Revenue Fund of the state,
  407  31.9 percent.
  408         3. For payment to counties pursuant to subparagraph (a)3.,
  409  11.5 percent.
  410         4. For payment to counties pursuant to subparagraph (a)4.,
  411  8.9 percent.
  412         5. To the credit of the Nonmandatory Land Reclamation Trust
  413  Fund, 16.1 percent.
  414         6. To the credit of the Phosphate Research Trust Fund in
  415  the Division of Universities of the Department of Education, 5.6
  416  percent.
  417         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  418         Section 9. Subsection (2) of section 215.20, Florida
  419  Statutes, is amended to read:
  420         215.20 Certain income and certain trust funds to contribute
  421  to the General Revenue Fund.—
  422         (2) Notwithstanding the provisions of subsection (1), the
  423  trust funds of the Department of Citrus and the Department of
  424  Agriculture and Consumer Services, including funds collected in
  425  the General Inspection Trust Fund for marketing orders and in
  426  the Florida Citrus Advertising Trust Fund, shall be subject to a
  427  4 percent service charge, which is hereby appropriated to the
  428  General Revenue Fund. This subsection paragraph does not apply
  429  to the Conservation and Recreation Lands Program Trust Fund, the
  430  Citrus Inspection Trust Fund, the Florida Forever Program Trust
  431  Fund, the Market Improvements Working Capital Trust Fund, the
  432  Pest Control Trust Fund, the Plant Industry Trust Fund, or other
  433  funds collected in the General Inspection Trust Fund in the
  434  Department of Agriculture and Consumer Services.
  435         Section 10. Paragraph (a) of subsection (1) and subsections
  436  (2) and (6) of section 215.618, Florida Statutes, are amended to
  437  read:
  438         215.618 Bonds for acquisition and improvement of land,
  439  water areas, and related property interests and resources.—
  440         (1)(a) The issuance of Florida Forever bonds, not to exceed
  441  $5.3 billion, to finance or refinance the cost of acquisition
  442  and improvement of land, water areas, and related property
  443  interests and resources, in urban and rural settings, for the
  444  purposes of restoration, conservation, recreation, water
  445  resource development, or historical preservation, and for
  446  capital improvements to lands and water areas that accomplish
  447  environmental restoration, enhance public access and
  448  recreational enjoyment, promote long-term management goals, and
  449  facilitate water resource development is hereby authorized,
  450  subject to the provisions of s. 259.105 and pursuant to s.
  451  11(e), Art. VII of the State Constitution and, on or after July
  452  1, 2015, to also finance or refinance the acquisition and
  453  improvement of land, water areas, and related property interests
  454  as provided in s. 28, Art. X of the State Constitution. Florida
  455  Forever bonds may also be issued to refund Preservation 2000
  456  bonds issued pursuant to s. 375.051. The $5.3 billion limitation
  457  on the issuance of Florida Forever bonds does not apply to
  458  refunding bonds. The duration of each series of Florida Forever
  459  bonds issued may not exceed 20 annual maturities. Preservation
  460  2000 bonds and Florida Forever bonds shall be equally and
  461  ratably secured by moneys distributable to the Land Acquisition
  462  Trust Fund pursuant to s. 201.15(1)(a), except to the extent
  463  specifically provided otherwise by the documents authorizing the
  464  issuance of the bonds.
  465         (2) The state covenants does hereby covenant with the
  466  holders of Florida Forever bonds and Preservation 2000 bonds
  467  that it will not take any action which will materially and
  468  adversely affect the rights of such holders so long as such
  469  bonds are outstanding, including, but not limited to, a
  470  reduction in the portion of documentary stamp taxes
  471  distributable to the Land Acquisition Trust Fund for payment of
  472  debt service on Preservation 2000 bonds or Florida Forever
  473  bonds.
  474         (6) Pursuant to authority granted under by s. 11(e), Art.
  475  VII of the State Constitution, there is hereby continued and re
  476  created the Land Acquisition Trust Fund which shall be a
  477  continuation of the Land Acquisition Trust Fund which exists for
  478  purposes of s. 9(a)(1), Art. XII of the State Constitution. The
  479  Land Acquisition Trust Fund shall continue beyond the
  480  termination of bonding authority provided for in s. 9(a)(1),
  481  Art. XII of the State Constitution, pursuant to the authority
  482  provided by s. 11(e), Art. VII of the State Constitution and
  483  shall continue for so long as Preservation 2000 bonds or Florida
  484  Forever bonds are outstanding and secured by taxes distributable
  485  thereto or until the requirement of s. 28(a), Art. X of the
  486  State Constitution expires, whichever is later.
  487         Section 11. Subsection (2) of section 215.619, Florida
  488  Statutes, is amended to read:
  489         215.619 Bonds for Everglades restoration.—
  490         (2) The state covenants with the holders of Everglades
  491  restoration bonds that it will not take any action that will
  492  materially and adversely affect the rights of the holders so
  493  long as the bonds are outstanding, including, but not limited
  494  to, a reduction in the portion of documentary stamp taxes
  495  distributable under s. 201.15(1) for payment of debt service on
  496  Preservation 2000 bonds, Florida Forever bonds, or Everglades
  497  restoration bonds.
  498         Section 12. Subsection (5) of section 253.027, Florida
  499  Statutes, is amended to read:
  500         253.027 Emergency archaeological property acquisition.—
  501         (5) ACCOUNT EXPENDITURES.—
  502         (a) No moneys shall be spent for the acquisition of any
  503  property, including title works, appraisal fees, and survey
  504  costs, unless:
  505         1. The property is an archaeological property of major
  506  statewide significance.
  507         2. The structures, artifacts, or relics, or their historic
  508  significance, will be irretrievably lost if the state cannot
  509  acquire the property.
  510         3. The site is presently on an acquisition list for
  511  Conservation and Recreation Lands or for Florida Forever lands,
  512  or complies with the criteria for inclusion on any such list,
  513  but has yet to be included on the list.
  514         4. No other source of immediate funding is available to
  515  purchase or otherwise protect the property.
  516         5. The site is not otherwise protected by local, state, or
  517  federal laws.
  518         6. The acquisition is not inconsistent with the state
  519  comprehensive plan and the state land acquisition program.
  520         (b) No moneys shall be spent from the account for
  521  excavation or restoration of the properties acquired. Funds may
  522  be spent for preliminary surveys to determine if the sites meet
  523  the criteria of this section. An amount not to exceed $100,000
  524  may also be spent from the account to inventory and evaluate
  525  archaeological and historic resources on properties purchased,
  526  or proposed for purchase, pursuant to s. 259.105(3)(b) s.
  527  259.032.
  528         Section 13. Subsection (12) of section 253.03, Florida
  529  Statutes, is amended to read:
  530         253.03 Board of trustees to administer state lands; lands
  531  enumerated.—
  532         (12) The Board of Trustees of the Internal Improvement
  533  Trust Fund is hereby authorized to administer, manage, control,
  534  conserve, protect, and sell all real property forfeited to the
  535  state pursuant to ss. 895.01-895.09 or acquired by the state
  536  pursuant to s. 607.0505 or former s. 620.192. The board is
  537  directed to immediately determine the value of all such property
  538  and shall ascertain whether the property is in any way
  539  encumbered. If the board determines that it is in the best
  540  interest of the state to do so, funds from the Internal
  541  Improvement Trust Fund may be used to satisfy any such
  542  encumbrances. If forfeited property receipts are not sufficient
  543  to satisfy encumbrances on the property and expenses permitted
  544  under this section, funds from another appropriate the Land
  545  Acquisition trust fund may be used to satisfy any such
  546  encumbrances and expenses. All property acquired by the board
  547  pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09
  548  shall be sold as soon as commercially feasible unless the
  549  Attorney General recommends and the board determines that
  550  retention of the property in public ownership would effectuate
  551  one or more of the following policies of statewide significance:
  552  protection or enhancement of floodplains, marshes, estuaries,
  553  lakes, rivers, wilderness areas, wildlife areas, wildlife
  554  habitat, or other environmentally sensitive natural areas or
  555  ecosystems; or preservation of significant archaeological or
  556  historical sites identified by the Secretary of State. In such
  557  event the property shall remain in the ownership of the board,
  558  to be controlled, managed, and disposed of in accordance with
  559  this chapter, and the Internal Improvement Trust Fund shall be
  560  reimbursed from the Land Acquisition Trust Fund, or other
  561  appropriate fund designated by the board, for any funds expended
  562  from the Internal Improvement Trust Fund pursuant to this
  563  subsection in regard to such property. Upon the recommendation
  564  of the Attorney General, the board may reimburse the
  565  investigative agency for its investigative expenses, costs, and
  566  attorneys’ fees, and may reimburse law enforcement agencies for
  567  actual expenses incurred in conducting investigations leading to
  568  the forfeiture of such property from funds deposited in the
  569  Internal Improvement Trust Fund of the Department of
  570  Environmental Protection. The proceeds of the sale of property
  571  acquired under s. 607.0505, former s. 620.192, or ss. 895.01
  572  895.09 shall be distributed as follows:
  573         (a) After satisfaction of any valid claims arising under
  574  the provisions of s. 895.09(1)(a) or (b), any moneys used to
  575  satisfy encumbrances and expended as costs of administration,
  576  appraisal, management, conservation, protection, sale, and real
  577  estate sales services and any interest earnings lost to the Land
  578  Acquisition trust fund that was used as of a date certified by
  579  the Department of Environmental Protection shall be replaced
  580  first in the Land Acquisition trust fund that was used to
  581  satisfy any such encumbrance or expense, if those funds were
  582  used, and then in the Internal Improvement Trust Fund; and
  583         (b) The remainder shall be distributed as set forth in s.
  584  895.09.
  585         Section 14. Subsection (3), paragraphs (a) and (k) through
  586  (n) of subsection (6), and subsections (10) and (11) of section
  587  253.034, Florida Statutes, are amended to read:
  588         253.034 State-owned lands; uses.—
  589         (3) Recognizing In recognition that recreational trails
  590  purchased with rails-to-trails funds pursuant to former s.
  591  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have
  592  had historic transportation uses and that their linear character
  593  may extend many miles, the Legislature intends that if when the
  594  necessity arises to serve public needs, after balancing the need
  595  to protect trail users from collisions with automobiles and a
  596  preference for the use of overpasses and underpasses to the
  597  greatest extent feasible and practical, transportation uses
  598  shall be allowed to cross recreational trails purchased pursuant
  599  to former s. 259.101(3)(g), Florida Statutes 2014, or s.
  600  259.105(3)(h). When these crossings are needed, the location and
  601  design should consider and mitigate the impact on humans and
  602  environmental resources, and the value of the land shall be paid
  603  based on fair market value.
  604         (6) The Board of Trustees of the Internal Improvement Trust
  605  Fund shall determine which lands, the title to which is vested
  606  in the board, may be surplused. For conservation lands, the
  607  board shall determine whether the lands are no longer needed for
  608  conservation purposes and may dispose of them by an affirmative
  609  vote of at least three members. In the case of a land exchange
  610  involving the disposition of conservation lands, the board must
  611  determine by an affirmative vote of at least three members that
  612  the exchange will result in a net positive conservation benefit.
  613  For all other lands, the board shall determine whether the lands
  614  are no longer needed and may dispose of them by an affirmative
  615  vote of at least three members.
  616         (a) For the purposes of this subsection, all lands acquired
  617  by the state before July 1, 1999, using proceeds from
  618  Preservation 2000 bonds, the former Conservation and Recreation
  619  Lands Trust Fund, the former Water Management Lands Trust Fund,
  620  Environmentally Endangered Lands Program, and the Save Our Coast
  621  Program and titled to the board which are identified as core
  622  parcels or within original project boundaries are deemed to have
  623  been acquired for conservation purposes.
  624         (k) Proceeds from the any sale of surplus conservation
  625  lands purchased before July 1, 2015, pursuant to this subsection
  626  shall be deposited into the Florida Forever Trust Fund from
  627  which such lands were acquired.
  628         (l) Proceeds from the sale of surplus conservation lands
  629  purchased on or after July 1, 2015, shall be deposited into the
  630  Land Acquisition Trust Fund or, if required by bond covenants,
  631  into the trust fund from which the lands were purchased.
  632  However, if the fund from which the lands were originally
  633  acquired no longer exists, such proceeds shall be deposited into
  634  an appropriate account to be used for land management by the
  635  lead managing agency assigned the lands before the lands were
  636  declared surplus.
  637         (m) Funds received from the sale of surplus nonconservation
  638  lands, or lands that were acquired by gift, by donation, or for
  639  no consideration, shall be deposited into the Internal
  640  Improvement Trust Fund.
  641         (n)(l) Notwithstanding this subsection, such disposition of
  642  land may not be made if it would have the effect of causing all
  643  or any portion of the interest on any revenue bonds issued to
  644  lose the exclusion from gross income for federal income tax
  645  purposes.
  646         (o)(m) The sale of filled, formerly submerged land that
  647  does not exceed 5 acres in area is not subject to review by the
  648  council or its successor.
  649         (p)(n) The board may adopt rules to administer this section
  650  which may include procedures for administering surplus land
  651  requests and criteria for when the division may approve requests
  652  to surplus nonconservation lands on behalf of the board.
  653         (10) The following additional uses of conservation lands
  654  acquired pursuant to the Florida Forever program and other
  655  state-funded conservation land purchase programs shall be
  656  authorized, upon a finding by the board of trustees, if they
  657  meet the criteria specified in paragraphs (a)-(e): water
  658  resource development projects, water supply development
  659  projects, stormwater management projects, linear facilities, and
  660  sustainable agriculture and forestry. Such additional uses are
  661  authorized where:
  662         (a) Not inconsistent with the management plan for such
  663  lands;
  664         (b) Compatible with the natural ecosystem and resource
  665  values of such lands;
  666         (c) The proposed use is appropriately located on such lands
  667  and where due consideration is given to the use of other
  668  available lands;
  669         (d) The using entity reasonably compensates the titleholder
  670  for such use based upon an appropriate measure of value; and
  671         (e) The use is consistent with the public interest.
  672  
  673  A decision by the board of trustees pursuant to this section
  674  shall be given a presumption of correctness. Moneys received
  675  from the use of state lands pursuant to this section shall be
  676  returned to the lead managing entity in accordance with s.
  677  259.032(9)(c) the provisions of s. 259.032(11)(c).
  678         (11) Lands listed as projects for acquisition may be
  679  managed for conservation pursuant to s. 259.032, on an interim
  680  basis by a private party in anticipation of a state purchase in
  681  accordance with a contractual arrangement between the acquiring
  682  agency and the private party that may include management service
  683  contracts, leases, cost-share arrangements or resource
  684  conservation agreements. Lands designated as eligible under this
  685  subsection shall be managed to maintain or enhance the resources
  686  the state is seeking to protect by acquiring the land. Funding
  687  for these contractual arrangements may originate from the
  688  documentary stamp tax revenue deposited into the Land
  689  Acquisition Conservation and Recreation Lands Trust Fund and
  690  Water Management Lands Trust Fund. No more than $6.2 million may
  691  be expended from the Land Acquisition Trust Fund 5 percent of
  692  funds allocated under the trust funds shall be expended for this
  693  purpose.
  694         Section 15. Section 253.7824, Florida Statutes, is amended
  695  to read:
  696         253.7824 Sale of products; proceeds.—The department may
  697  authorize the removal and sale of products from the land where
  698  environmentally appropriate, the proceeds from which shall be
  699  deposited into the appropriate in the Land Acquisition trust
  700  fund pursuant to s. 253.034(6)(k), (l), or (m).
  701         Section 16. Subsection (1) of section 258.435, Florida
  702  Statutes, is amended to read:
  703         258.435 Use of aquatic preserves for the accommodation of
  704  visitors.—
  705         (1) The Department of Environmental Protection shall
  706  promote the public use of aquatic preserves and their associated
  707  uplands. The department may receive gifts and donations to carry
  708  out the purpose of this part. Moneys received in trust by the
  709  department by gift, devise, appropriation, or otherwise, subject
  710  to the terms of such trust, shall be deposited into the State
  711  Park Land Acquisition Trust Fund and appropriated to the
  712  department for the administration, development, improvement,
  713  promotion, and maintenance of aquatic preserves and their
  714  associated uplands and for any future acquisition or development
  715  of aquatic preserves and their associated uplands.
  716         Section 17. Section 259.032, Florida Statutes, is amended
  717  to read:
  718         259.032 Conservation and recreation lands Trust Fund;
  719  purpose.—
  720         (1) It is the policy of the state that the citizens of this
  721  state shall be assured public ownership of natural areas for
  722  purposes of maintaining this state’s unique natural resources;
  723  protecting air, land, and water quality; promoting water
  724  resource development to meet the needs of natural systems and
  725  citizens of this state; promoting restoration activities on
  726  public lands; and providing lands for natural resource based
  727  recreation. In recognition of this policy, it is the intent of
  728  the Legislature to provide such public lands for the people
  729  residing in urban and metropolitan areas of the state, as well
  730  as those residing in less populated, rural areas. It is the
  731  further intent of the Legislature, with regard to the lands
  732  described in paragraph (2)(c) (3)(c), that a high priority be
  733  given to the acquisition, restoration, and management of such
  734  lands in or near counties exhibiting the greatest concentration
  735  of population and, with regard to the lands described in
  736  subsection (2) (3), that a high priority be given to acquiring
  737  lands or rights or interests in lands that advance the goals and
  738  objectives of the Fish and Wildlife Conservation Commission’s
  739  approved species or habitat recovery plans, or lands within any
  740  area designated as an area of critical state concern under s.
  741  380.05 which, in the judgment of the advisory council
  742  established pursuant to s. 259.035, or its successor, cannot be
  743  adequately protected by application of land development
  744  regulations adopted pursuant to s. 380.05. Finally, it is the
  745  Legislature’s intent that lands acquired for conservation and
  746  recreation purposes through this program and any successor
  747  programs be managed in such a way as to protect or restore their
  748  natural resource values, and provide the greatest benefit,
  749  including public access, to the citizens of this state.
  750         (2)(a) The Conservation and Recreation Lands Trust Fund is
  751  established within the Department of Environmental Protection.
  752  The fund shall be used as a nonlapsing, revolving fund
  753  exclusively for the purposes of this section. The fund shall be
  754  credited with proceeds from the following excise taxes:
  755         1. The excise taxes on documents as provided in s. 201.15;
  756  and
  757         2. The excise tax on the severance of phosphate rock as
  758  provided in s. 211.3103.
  759  
  760  The Department of Revenue shall credit to the fund each month
  761  the proceeds from such taxes as provided in this paragraph.
  762         (b) There shall annually be transferred from the
  763  Conservation and Recreation Lands Trust Fund to the Land
  764  Acquisition Trust Fund that amount, not to exceed $20 million
  765  annually, as shall be necessary to pay the debt service on, or
  766  fund debt service reserve funds, rebate obligations, or other
  767  amounts with respect to bonds issued pursuant to s. 375.051 to
  768  acquire lands on the established priority list developed
  769  pursuant to ss. 259.101(4) and 259.105; however, no moneys
  770  transferred to the Land Acquisition Trust Fund pursuant to this
  771  paragraph, or earnings thereon, shall be used or made available
  772  to pay debt service on the Save Our Coast revenue bonds. Amounts
  773  transferred annually from the Conservation and Recreation Lands
  774  Trust Fund to the Land Acquisition Trust Fund pursuant to this
  775  paragraph shall have the highest priority over other payments or
  776  transfers from the Conservation and Recreation Lands Trust Fund,
  777  and no other payments or transfers shall be made from the
  778  Conservation and Recreation Lands Trust Fund until such
  779  transfers to the Land Acquisition Trust Fund have been made.
  780  Moneys in the Conservation and Recreation Lands Trust Fund also
  781  shall be used to manage lands and to pay for related costs,
  782  activities, and functions pursuant to the provisions of this
  783  section.
  784         (2)(3) The Governor and Cabinet, sitting as the Board of
  785  Trustees of the Internal Improvement Trust Fund, may expend
  786  allocate moneys appropriated by the Legislature from the fund in
  787  any one year to acquire the fee or any lesser interest in lands
  788  for the following public purposes:
  789         (a) To conserve and protect environmentally unique and
  790  irreplaceable lands that contain native, relatively unaltered
  791  flora and fauna representing a natural area unique to, or scarce
  792  within, a region of this state or a larger geographic area;
  793         (b) To conserve and protect lands within designated areas
  794  of critical state concern, if the proposed acquisition relates
  795  to the natural resource protection purposes of the designation;
  796         (c) To conserve and protect native species habitat or
  797  endangered or threatened species, emphasizing long-term
  798  protection for endangered or threatened species designated G-1
  799  or G-2 by the Florida Natural Areas Inventory, and especially
  800  those areas that are special locations for breeding and
  801  reproduction;
  802         (d) To conserve, protect, manage, or restore important
  803  ecosystems, landscapes, and forests, if the protection and
  804  conservation of such lands is necessary to enhance or protect
  805  significant surface water, groundwater, coastal, recreational,
  806  timber, or fish or wildlife resources which cannot otherwise be
  807  accomplished through local and state regulatory programs;
  808         (e) To promote water resource development that benefits
  809  natural systems and citizens of the state;
  810         (f) To facilitate the restoration and subsequent health and
  811  vitality of the Florida Everglades;
  812         (g) To provide areas, including recreational trails, for
  813  natural resource based recreation and other outdoor recreation
  814  on any part of any site compatible with conservation purposes;
  815         (h) To preserve significant archaeological or historic
  816  sites;
  817         (i) To conserve urban open spaces suitable for greenways or
  818  outdoor recreation which are compatible with conservation
  819  purposes; or
  820         (j) To preserve agricultural lands under threat of
  821  conversion to development through less-than-fee acquisitions.
  822         (3)(4) Lands acquired for conservation and recreation
  823  purposes under this section shall be for use as state-designated
  824  parks, recreation areas, preserves, reserves, historic or
  825  archaeological sites, geologic or botanical sites, recreational
  826  trails, forests, wilderness areas, wildlife management areas,
  827  urban open space, or other state-designated recreation or
  828  conservation lands; or they shall qualify for such state
  829  designation and use if they are to be managed by other
  830  governmental agencies or nonstate entities as provided for in
  831  this section.
  832         (4)(5) The board of trustees may expend appropriated funds
  833  allocate, in any year, an amount not to exceed 5 percent of the
  834  money credited to the fund in that year, such allocation to be
  835  used for the initiation and maintenance of a natural areas
  836  inventory to aid in the identification of areas to be acquired
  837  for conservation and recreation purposes pursuant to this
  838  section.
  839         (6) Moneys in the fund not needed to meet obligations
  840  incurred under this section shall be deposited with the Chief
  841  Financial Officer to the credit of the fund and may be invested
  842  in the manner provided by law. Interest received on such
  843  investments shall be credited to the Conservation and Recreation
  844  Lands Trust Fund.
  845         (5)(7) The board of trustees may enter into any contract
  846  necessary to accomplish the purposes of this section. The lead
  847  land managing agencies designated by the board of trustees also
  848  are directed by the Legislature to enter into contracts or
  849  interagency agreements with other governmental entities,
  850  including local soil and water conservation districts, or
  851  private land managers who have the expertise to perform specific
  852  management activities which a lead agency lacks, or which would
  853  cost more to provide in-house. Such activities shall include,
  854  but not be limited to, controlled burning, road and ditch
  855  maintenance, mowing, and wildlife assessments.
  856         (6)(8)Conservation and recreation lands to be considered
  857  for purchase under this section are subject to the selection
  858  procedures of s. 259.035 and related rules and shall be acquired
  859  in accordance with acquisition procedures for state lands
  860  provided for in s. 259.041, except as otherwise provided by the
  861  Legislature. An inholding or an addition to conservation and
  862  recreation lands a project selected for purchase pursuant to
  863  this chapter is not subject to the selection procedures of s.
  864  259.035 if the estimated value of such inholding or addition
  865  does not exceed $500,000. When at least 90 percent of the
  866  acreage of a project has been purchased for conservation and
  867  recreation purposes pursuant to this chapter, the project may be
  868  removed from the list and the remaining acreage may continue to
  869  be purchased. Funds appropriated to acquire conservation and
  870  recreation lands Moneys from the fund may be used for title
  871  work, appraisal fees, environmental audits, and survey costs
  872  related to acquisition expenses for lands to be acquired,
  873  donated, or exchanged which qualify under the categories of this
  874  section, at the discretion of the board. When the Legislature
  875  has authorized the Department of Environmental Protection to
  876  condemn a specific parcel of land and such parcel has already
  877  been approved for acquisition under this section, the land may
  878  be acquired in accordance with the provisions of chapter 73 or
  879  chapter 74, and the funds appropriated to acquire conservation
  880  and recreation lands fund may be used to pay the condemnation
  881  award and all costs, including a reasonable attorney’s fee,
  882  associated with condemnation.
  883         (7)(9) All lands managed under this chapter and s. 253.034
  884  shall be:
  885         (a) Managed in a manner that will provide the greatest
  886  combination of benefits to the public and to the resources.
  887         (b) Managed for public outdoor recreation which is
  888  compatible with the conservation and protection of public lands.
  889  Such management may include, but not be limited to, the
  890  following public recreational uses: fishing, hunting, camping,
  891  bicycling, hiking, nature study, swimming, boating, canoeing,
  892  horseback riding, diving, model hobbyist activities, birding,
  893  sailing, jogging, and other related outdoor activities
  894  compatible with the purposes for which the lands were acquired.
  895         (c) Managed for the purposes for which the lands were
  896  acquired, consistent with paragraph (9)(a) (11)(a).
  897         (d) Concurrent with its adoption of the annual Conservation
  898  and Recreation Lands list of acquisition projects pursuant to s.
  899  259.035, the board of trustees shall adopt a management
  900  prospectus for each project. The management prospectus shall
  901  delineate:
  902         1. The management goals for the property;
  903         2. The conditions that will affect the intensity of
  904  management;
  905         3. An estimate of the revenue-generating potential of the
  906  property, if appropriate;
  907         4. A timetable for implementing the various stages of
  908  management and for providing access to the public, if
  909  applicable;
  910         5. A description of potential multiple-use activities as
  911  described in this section and s. 253.034;
  912         6. Provisions for protecting existing infrastructure and
  913  for ensuring the security of the project upon acquisition;
  914         7. The anticipated costs of management and projected
  915  sources of revenue, including legislative appropriations, to
  916  fund management needs; and
  917         8. Recommendations as to how many employees will be needed
  918  to manage the property, and recommendations as to whether local
  919  governments, volunteer groups, the former landowner, or other
  920  interested parties can be involved in the management.
  921         (e) Concurrent with the approval of the acquisition
  922  contract pursuant to s. 259.041(3)(c) for any interest in lands
  923  except those lands being acquired under the provisions of s.
  924  259.1052, the board of trustees shall designate an agency or
  925  agencies to manage such lands. The board shall evaluate and
  926  amend, as appropriate, the management policy statement for the
  927  project as provided by s. 259.035, consistent with the purposes
  928  for which the lands are acquired. For any fee simple acquisition
  929  of a parcel which is or will be leased back for agricultural
  930  purposes, or any acquisition of a less-than-fee interest in land
  931  that is or will be used for agricultural purposes, the Board of
  932  Trustees of the Internal Improvement Trust Fund shall first
  933  consider having a soil and water conservation district, created
  934  pursuant to chapter 582, manage and monitor such interests.
  935         (f) State agencies designated to manage lands acquired
  936  under this chapter or with funds deposited into the Land
  937  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
  938  Constitution, except those lands acquired under s. 259.1052, may
  939  contract with local governments and soil and water conservation
  940  districts to assist in management activities, including the
  941  responsibility of being the lead land manager. Such land
  942  management contracts may include a provision for the transfer of
  943  management funding to the local government or soil and water
  944  conservation district from the land acquisition Conservation and
  945  Recreation Lands trust fund of the lead land managing agency in
  946  an amount adequate for the local government or soil and water
  947  conservation district to perform its contractual land management
  948  responsibilities and proportionate to its responsibilities, and
  949  which otherwise would have been expended by the state agency to
  950  manage the property.
  951         (g) Immediately following the acquisition of any interest
  952  in conservation and recreation lands under this chapter, the
  953  Department of Environmental Protection, acting on behalf of the
  954  board of trustees, may issue to the lead managing entity an
  955  interim assignment letter to be effective until the execution of
  956  a formal lease.
  957         (8)(10)(a) State, regional, or local governmental agencies
  958  or private entities designated to manage lands under this
  959  section shall develop and adopt, with the approval of the board
  960  of trustees, an individual management plan for each project
  961  designed to conserve and protect such lands and their associated
  962  natural resources. Private sector involvement in management plan
  963  development may be used to expedite the planning process.
  964         (b) Individual management plans required by s. 253.034(5),
  965  for parcels over 160 acres, shall be developed with input from
  966  an advisory group. Members of this advisory group shall include,
  967  at a minimum, representatives of the lead land managing agency,
  968  comanaging entities, local private property owners, the
  969  appropriate soil and water conservation district, a local
  970  conservation organization, and a local elected official. The
  971  advisory group shall conduct at least one public hearing within
  972  the county in which the parcel or project is located. For those
  973  parcels or projects that are within more than one county, at
  974  least one areawide public hearing shall be acceptable and the
  975  lead managing agency shall invite a local elected official from
  976  each county. The areawide public hearing shall be held in the
  977  county in which the core parcels are located. Notice of such
  978  public hearing shall be posted on the parcel or project
  979  designated for management, advertised in a paper of general
  980  circulation, and announced at a scheduled meeting of the local
  981  governing body before the actual public hearing. The management
  982  prospectus required pursuant to paragraph (7)(d) (9)(d) shall be
  983  available to the public for a period of 30 days prior to the
  984  public hearing.
  985         (c) Once a plan is adopted, the managing agency or entity
  986  shall update the plan at least every 10 years in a form and
  987  manner prescribed by rule of the board of trustees. Such
  988  updates, for parcels over 160 acres, shall be developed with
  989  input from an advisory group. Such plans may include transfers
  990  of leasehold interests to appropriate conservation organizations
  991  or governmental entities designated by the Land Acquisition and
  992  Management Advisory Council or its successor, for uses
  993  consistent with the purposes of the organizations and the
  994  protection, preservation, conservation, restoration, and proper
  995  management of the lands and their resources. Volunteer
  996  management assistance is encouraged, including, but not limited
  997  to, assistance by youths participating in programs sponsored by
  998  state or local agencies, by volunteers sponsored by
  999  environmental or civic organizations, and by individuals
 1000  participating in programs for committed delinquents and adults.
 1001         (d)1. For each project for which lands are acquired after
 1002  July 1, 1995, an individual management plan shall be adopted and
 1003  in place no later than 1 year after the essential parcel or
 1004  parcels identified in the priority list developed pursuant to s.
 1005  259.105 ss. 259.101(4) and 259.105 have been acquired. The
 1006  Department of Environmental Protection shall distribute only 75
 1007  percent of the acquisition funds to which a budget entity or
 1008  water management district would otherwise be entitled from the
 1009  Preservation 2000 Trust Fund to any budget entity or any water
 1010  management district that has more than one-third of its
 1011  management plans overdue.
 1012         2. The requirements of subparagraph 1. do not apply to the
 1013  individual management plan for the Babcock Crescent B Ranch
 1014  being acquired pursuant to s. 259.1052. The management plan for
 1015  the ranch shall be adopted and in place no later than 2 years
 1016  following the date of acquisition by the state.
 1017         (e) Individual management plans shall conform to the
 1018  appropriate policies and guidelines of the state land management
 1019  plan and shall include, but not be limited to:
 1020         1. A statement of the purpose for which the lands were
 1021  acquired, the projected use or uses as defined in s. 253.034,
 1022  and the statutory authority for such use or uses.
 1023         2. Key management activities necessary to achieve the
 1024  desired outcomes, including, but not limited to, providing
 1025  public access, preserving and protecting natural resources,
 1026  protecting cultural and historical resources, restoring habitat,
 1027  protecting threatened and endangered species, controlling the
 1028  spread of nonnative plants and animals, performing prescribed
 1029  fire activities, and other appropriate resource management.
 1030         3. A specific description of how the managing agency plans
 1031  to identify, locate, protect, and preserve, or otherwise use
 1032  fragile, nonrenewable natural and cultural resources.
 1033         4. A priority schedule for conducting management
 1034  activities, based on the purposes for which the lands were
 1035  acquired.
 1036         5. A cost estimate for conducting priority management
 1037  activities, to include recommendations for cost-effective
 1038  methods of accomplishing those activities.
 1039         6. A cost estimate for conducting other management
 1040  activities which would enhance the natural resource value or
 1041  public recreation value for which the lands were acquired. The
 1042  cost estimate shall include recommendations for cost-effective
 1043  methods of accomplishing those activities.
 1044         7. A determination of the public uses and public access
 1045  that would be consistent with the purposes for which the lands
 1046  were acquired.
 1047         (f) The Division of State Lands shall submit a copy of each
 1048  individual management plan for parcels which exceed 160 acres in
 1049  size to each member of the Acquisition and Restoration Council,
 1050  which shall:
 1051         1. Within 60 days after receiving a plan from the division,
 1052  review each plan for compliance with the requirements of this
 1053  subsection and with the requirements of the rules established by
 1054  the board pursuant to this subsection.
 1055         2. Consider the propriety of the recommendations of the
 1056  managing agency with regard to the future use or protection of
 1057  the property.
 1058         3. After its review, submit the plan, along with its
 1059  recommendations and comments, to the board of trustees, with
 1060  recommendations as to whether to approve the plan as submitted,
 1061  approve the plan with modifications, or reject the plan.
 1062         (g) The board of trustees shall consider the individual
 1063  management plan submitted by each state agency and the
 1064  recommendations of the Acquisition and Restoration Council and
 1065  the Division of State Lands and shall approve the plan with or
 1066  without modification or reject such plan. The use or possession
 1067  of any lands owned by the board of trustees which is not in
 1068  accordance with an approved individual management plan is
 1069  subject to termination by the board of trustees.
 1070  
 1071  By July 1 of each year, each governmental agency and each
 1072  private entity designated to manage lands shall report to the
 1073  Secretary of Environmental Protection on the progress of
 1074  funding, staffing, and resource management of every project for
 1075  which the agency or entity is responsible.
 1076         (9)(11)(a) The Legislature recognizes that acquiring lands
 1077  pursuant to this chapter serves the public interest by
 1078  protecting land, air, and water resources which contribute to
 1079  the public health and welfare, providing areas for natural
 1080  resource based recreation, and ensuring the survival of unique
 1081  and irreplaceable plant and animal species. The Legislature
 1082  intends for these lands to be managed and maintained for the
 1083  purposes for which they were acquired and for the public to have
 1084  access to and use of these lands where it is consistent with
 1085  acquisition purposes and would not harm the resources the state
 1086  is seeking to protect on the public’s behalf.
 1087         (b) An amount of not less than 1.5 percent of the
 1088  cumulative total of funds ever deposited into the Florida
 1089  Preservation 2000 Trust Fund and the Florida Forever Trust Fund
 1090  shall be made available for the purposes of management,
 1091  maintenance, and capital improvements not eligible for funding
 1092  pursuant to s. 11(e), Art. VII of the State Constitution, and
 1093  for associated contractual services, for conservation and
 1094  recreation lands acquired with funds deposited into the Land
 1095  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1096  Constitution or pursuant to former s. 259.032, Florida Statutes
 1097  2014 this section, former s. 259.101, Florida Statutes 2014, s.
 1098  259.105, s. 259.1052, or previous programs for the acquisition
 1099  of lands for conservation and recreation, including state
 1100  forests, to which title is vested in the board of trustees and
 1101  other conservation and recreation lands managed by a state
 1102  agency. Of this amount, $250,000 shall be transferred annually
 1103  to the Plant Industry Trust Fund within the Department of
 1104  Agriculture and Consumer Services for the purpose of
 1105  implementing the Endangered or Threatened Native Flora
 1106  Conservation Grants Program pursuant to s. 581.185(11). Each
 1107  agency with management responsibilities shall annually request
 1108  from the Legislature funds sufficient to fulfill such
 1109  responsibilities to implement individual management plans. For
 1110  the purposes of this paragraph, capital improvements shall
 1111  include, but need not be limited to, perimeter fencing, signs,
 1112  firelanes, access roads and trails, and minimal public
 1113  accommodations, such as primitive campsites, garbage
 1114  receptacles, and toilets. Any equipment purchased with funds
 1115  provided pursuant to this paragraph may be used for the purposes
 1116  described in this paragraph on any conservation and recreation
 1117  lands managed by a state agency. The funding requirement created
 1118  in this paragraph is subject to an annual evaluation by the
 1119  Legislature in order to ensure that such requirement does not
 1120  impact the respective trust fund in a manner that would prevent
 1121  the trust fund from meeting other minimum requirements.
 1122         (c) All revenues generated through multiple-use management
 1123  or compatible secondary-use management shall be returned to the
 1124  lead agency responsible for such management and shall be used to
 1125  pay for management activities on all conservation, preservation,
 1126  and recreation lands under the agency’s jurisdiction. In
 1127  addition, such revenues shall be segregated in an agency trust
 1128  fund and shall remain available to the agency in subsequent
 1129  fiscal years to support land management appropriations. For the
 1130  purposes of this paragraph, compatible secondary-use management
 1131  shall be those activities described in subsection (7) (9)
 1132  undertaken on parcels designated as single use pursuant to s.
 1133  253.034(2)(b).
 1134         (d) Up to one-fifth of the funds appropriated for the
 1135  purposes identified provided for in paragraph (b) shall be
 1136  reserved by the board of trustees for interim management of
 1137  acquisitions and for associated contractual services, to ensure
 1138  the conservation and protection of natural resources on project
 1139  sites and to allow limited public recreational use of lands.
 1140  Interim management activities may include, but not be limited
 1141  to, resource assessments, control of invasive, nonnative
 1142  species, habitat restoration, fencing, law enforcement,
 1143  controlled burning, and public access consistent with
 1144  preliminary determinations made pursuant to paragraph (7)(g)
 1145  (9)(g). The board of trustees shall make these interim funds
 1146  available immediately upon purchase.
 1147         (e) The department shall set long-range and annual goals
 1148  for the control and removal of nonnative, invasive plant species
 1149  on public lands. Such goals shall differentiate between aquatic
 1150  plant species and upland plant species. In setting such goals,
 1151  the department may rank, in order of adverse impact, species
 1152  that impede or destroy the functioning of natural systems.
 1153  Notwithstanding paragraph (a), up to one-fourth of the funds
 1154  provided for in paragraph (b) may be used by the agencies
 1155  receiving those funds for control and removal of nonnative,
 1156  invasive species on public lands.
 1157         (f) For the 2014-2015 fiscal year only, moneys in the
 1158  Conservation and Recreation Lands Trust Fund may be transferred
 1159  to the Florida Forever Trust Fund for the Florida Forever
 1160  program and to the Save Our Everglades Trust Fund to support
 1161  Everglades restoration projects included in the final report of
 1162  the Select Committee on Indian River Lagoon and Lake Okeechobee
 1163  Basin, dated November 8, 2013, pursuant to nonoperating budget
 1164  authority under s. 216.181(12). This subsection expires July 1,
 1165  2015.
 1166         (10)(12)(a) Beginning July 1, 1999, The Legislature may
 1167  expend shall make available sufficient funds annually from an
 1168  appropriate the Conservation and Recreation Lands trust fund to
 1169  the department for payment in lieu of taxes to qualifying
 1170  counties and local governments as defined in paragraph (b) for
 1171  all actual tax losses incurred as a result of board of trustees
 1172  acquisitions for state agencies under the Florida Forever
 1173  program or the former Florida Preservation 2000 program during
 1174  any year. Reserved funds not used for payments in lieu of taxes
 1175  in any year shall revert to the fund to be used for land
 1176  management in accordance with the provisions of this section.
 1177         (b) Payment in lieu of taxes shall be available:
 1178         1. To all counties that have a population of 150,000 or
 1179  fewer. Population levels shall be determined pursuant to s.
 1180  11.031.
 1181         2. To all local governments located in eligible counties.
 1182         3. To Glades County, where a privately owned and operated
 1183  prison leased to the state has recently been opened and where
 1184  privately owned and operated juvenile justice facilities leased
 1185  to the state have recently been constructed and opened, a
 1186  payment in lieu of taxes, in an amount that offsets the loss of
 1187  property tax revenue, which funds have already been appropriated
 1188  and allocated from the Department of Correction’s budget for the
 1189  purpose of reimbursing amounts equal to lost ad valorem taxes.
 1190         (c) If insufficient funds are available in any year to make
 1191  full payments to all qualifying counties and local governments,
 1192  such counties and local governments shall receive a pro rata
 1193  share of the moneys available.
 1194         (d) The payment amount shall be based on the average amount
 1195  of actual taxes paid on the property for the 3 years preceding
 1196  acquisition. Applications for payment in lieu of taxes shall be
 1197  made no later than January 31 of the year following acquisition.
 1198  No payment in lieu of taxes shall be made for properties which
 1199  were exempt from ad valorem taxation for the year immediately
 1200  preceding acquisition.
 1201         (e) If property which was subject to ad valorem taxation
 1202  was acquired by a tax-exempt entity for ultimate conveyance to
 1203  the state under this chapter, payment in lieu of taxes shall be
 1204  made for such property based upon the average amount of taxes
 1205  paid on the property for the 3 years prior to its being removed
 1206  from the tax rolls. The department shall certify to the
 1207  Department of Revenue those properties that may be eligible
 1208  under this provision. Once eligibility has been established,
 1209  that county or local government shall receive annual payments
 1210  for each tax loss until the qualifying county or local
 1211  government exceeds the population threshold pursuant to this
 1212  section.
 1213         (f) Payment in lieu of taxes pursuant to this subsection
 1214  shall be made annually to qualifying counties and local
 1215  governments after certification by the Department of Revenue
 1216  that the amounts applied for are reasonably appropriate, based
 1217  on the amount of actual taxes paid on the eligible property.
 1218  With the assistance of the local government requesting payment
 1219  in lieu of taxes, the state agency that acquired the land is
 1220  responsible for preparing and submitting application requests
 1221  for payment to the Department of Revenue for certification.
 1222         (g) If the board of trustees conveys to a local government
 1223  title to any land owned by the board, any payments in lieu of
 1224  taxes on the land made to the local government shall be
 1225  discontinued as of the date of the conveyance.
 1226  
 1227  For the purposes of this subsection, “local government” includes
 1228  municipalities, the county school board, mosquito control
 1229  districts, and any other local government entity which levies ad
 1230  valorem taxes, with the exception of a water management
 1231  district.
 1232         (13) Moneys credited to the fund each year which are not
 1233  used for management, maintenance, or capital improvements
 1234  pursuant to subsection (11); for payment in lieu of taxes
 1235  pursuant to subsection (12); or for the purposes of subsection
 1236  (5), shall be available for the acquisition of land pursuant to
 1237  this section.
 1238         (11)(14) The board of trustees may adopt rules to further
 1239  define the categories of land for acquisition under this
 1240  chapter.
 1241         (12)(15) Within 90 days after receiving a certified letter
 1242  from the owner of a property on the Conservation and Recreation
 1243  Lands list or the priority list established pursuant to s.
 1244  259.105 objecting to the property being included in an
 1245  acquisition project, where such property is a project or part of
 1246  a project which has not been listed for purchase in the current
 1247  year’s land acquisition work plan, the board of trustees shall
 1248  delete the property from the list or from the boundary of an
 1249  acquisition project on the list.
 1250         Section 18. Subsections (3), (4), and (6) of section
 1251  259.035, Florida Statutes, are amended to read:
 1252         259.035 Acquisition and Restoration Council.—
 1253         (3) The council shall provide assistance to the board of
 1254  trustees in reviewing the recommendations and plans for state
 1255  owned lands required under s. 253.034 and chapter 259 ss.
 1256  253.034 and 259.032. The council shall, in reviewing such
 1257  recommendations and plans, consider the optimization of
 1258  multiple-use and conservation strategies to accomplish the
 1259  provisions funded pursuant to former s. 259.101(3)(a), Florida
 1260  Statutes 2014, and to s. 259.105(3)(b) ss. 259.101(3)(a) and
 1261  259.105(3)(b).
 1262         (4)(a) The council may use existing rules adopted by the
 1263  board of trustees, until it develops and recommends amendments
 1264  to those rules, to competitively evaluate, select, and rank
 1265  projects eligible for the Conservation and Recreation Lands list
 1266  pursuant to ss. 259.032(3) and 259.101(4).
 1267         (a)(b) By January 1, 2017 December 1, 2009, the Acquisition
 1268  and Restoration Council shall develop rules defining specific
 1269  criteria and numeric performance measures needed for lands that
 1270  are to be acquired for public purpose with funds deposited into
 1271  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 1272  the State Constitution under the Florida Forever program
 1273  pursuant to s. 259.105. Each recipient of Florida Forever funds
 1274  shall assist the council in the development of such rules. These
 1275  rules shall be reviewed and adopted by the board, then submitted
 1276  to the Legislature for consideration by February 1, 2017 2010.
 1277  The Legislature may reject, modify, or take no action relative
 1278  to the proposed rules. If no action is taken, the rules shall be
 1279  implemented. Subsequent to their approval, each recipient of
 1280  Florida Forever funds from the Land Acquisition Trust Fund shall
 1281  annually report to the Division of State Lands on each of the
 1282  numeric performance measures accomplished during the previous
 1283  fiscal year.
 1284         (b)(c) In developing or amending rules, the council shall
 1285  give weight to the criteria included in s. 259.105(10). The
 1286  board of trustees shall review the recommendations and shall
 1287  adopt rules necessary to administer this section.
 1288         (6) The proposal for a project pursuant to this section or
 1289  s. 259.105(3)(b) may be implemented only if adopted by the
 1290  council and approved by the board of trustees. The council shall
 1291  consider and evaluate in writing the merits and demerits of each
 1292  project that is proposed for acquisition using funds available
 1293  pursuant to s. 28, Art. X of the State Constitution Conservation
 1294  and Recreation Lands, Florida Preservation 2000, or Florida
 1295  Forever funding and shall ensure that each proposed project
 1296  meets the requirements of s. 28, Art. X of the State
 1297  Constitution will meet a stated public purpose for the
 1298  restoration, conservation, or preservation of environmentally
 1299  sensitive lands and water areas or for providing outdoor
 1300  recreational opportunities. The council also shall determine
 1301  whether the project conforms, where applicable, with the
 1302  comprehensive plan developed pursuant to s. 259.04(1)(a), the
 1303  comprehensive multipurpose outdoor recreation plan developed
 1304  pursuant to s. 375.021, the state lands management plan adopted
 1305  pursuant to s. 253.03(7), the water resources work plans
 1306  developed pursuant to s. 373.199, and the provisions of s.
 1307  259.032, s. 259.101, or s. 259.105, whichever is applicable.
 1308         Section 19. Subsection (4) of section 259.036, Florida
 1309  Statutes, is amended to read:
 1310         259.036 Management review teams.—
 1311         (4) In the event a land management plan has not been
 1312  adopted within the timeframes specified in s. 259.032(8) s.
 1313  259.032(10), the department may direct a management review of
 1314  the property, to be conducted by the land management review
 1315  team. The review shall consider the extent to which the land is
 1316  being managed for the purposes for which it was acquired and the
 1317  degree to which actual management practices are in compliance
 1318  with the management policy statement and management prospectus
 1319  for that property.
 1320         Section 20. Paragraph (b) of subsection (3) of section
 1321  259.037, Florida Statutes, is amended to read:
 1322         259.037 Land Management Uniform Accounting Council.—
 1323         (3)
 1324         (b) Each reporting agency shall also:
 1325         1. Include a report of the available public use
 1326  opportunities for each management unit of state land, the total
 1327  management cost for public access and public use, and the cost
 1328  associated with each use option.
 1329         2. List the acres of land requiring minimal management
 1330  effort, moderate management effort, and significant management
 1331  effort pursuant to s. 259.032(9)(c) former s. 259.032(11)(c).
 1332  For each category created in paragraph (a), the reporting agency
 1333  shall include the amount of funds requested, the amount of funds
 1334  received, and the amount of funds expended for land management.
 1335         3. List acres managed and cost of management for each park,
 1336  preserve, forest, reserve, or management area.
 1337         4. List acres managed, cost of management, and lead manager
 1338  for each state lands management unit for which secondary
 1339  management activities were provided.
 1340         5. Include a report of the estimated calculable financial
 1341  benefits to the public for the ecosystem services provided by
 1342  conservation lands, based on the best readily available
 1343  information or science that provides a standard measurement
 1344  methodology to be consistently applied by the land managing
 1345  agencies. Such information may include, but need not be limited
 1346  to, the value of natural lands for protecting the quality and
 1347  quantity of drinking water through natural water filtration and
 1348  recharge, contributions to protecting and improving air quality,
 1349  benefits to agriculture through increased soil productivity and
 1350  preservation of biodiversity, and savings to property and lives
 1351  through flood control.
 1352         Section 21. Subsection (1) of section 259.04, Florida
 1353  Statutes, is amended to read:
 1354         259.04 Board; powers and duties.—
 1355         (1) For projects and acquisitions selected for purchase
 1356  pursuant to ss. 259.035, 259.101, and 259.105:
 1357         (a) The board is given the responsibility, authority, and
 1358  power to develop and execute a comprehensive, statewide 5-year
 1359  plan to conserve, restore, and protect environmentally
 1360  endangered lands, ecosystems, lands necessary for outdoor
 1361  recreational needs, and other lands as identified in ss.
 1362  259.032, 259.101, and 259.105. This plan shall be kept current
 1363  through continual reevaluation and revision. The advisory
 1364  council or its successor shall assist the board in the
 1365  development, reevaluation, and revision of the plan.
 1366         (b) The board may enter into contracts with the government
 1367  of the United States or any agency or instrumentality thereof;
 1368  the state or any county, municipality, district authority, or
 1369  political subdivision; or any private corporation, partnership,
 1370  association, or person providing for or relating to the
 1371  conservation or protection of certain lands in accomplishing the
 1372  purposes of this chapter.
 1373         (c) Within 45 days after the advisory council or its
 1374  successor submits the lists of projects to the board, the board
 1375  shall approve, in whole or in part, the lists of projects in the
 1376  order of priority in which such projects are presented. To the
 1377  greatest extent practicable, projects on the lists shall be
 1378  acquired in their approved order of priority.
 1379         (d) The board is authorized to acquire, by purchase, gift,
 1380  or devise or otherwise, the fee title or any lesser interest of
 1381  lands, water areas, and related resources for environmentally
 1382  endangered lands.
 1383         Section 22. Paragraphs (a) and (b) of subsection (11) and
 1384  subsection (15) of section 259.041, Florida Statutes, are
 1385  amended to read:
 1386         259.041 Acquisition of state-owned lands for preservation,
 1387  conservation, and recreation purposes.—
 1388         (11)(a) The Legislature finds that, with the increasing
 1389  pressures on the natural areas of this state and on open space
 1390  suitable for recreational use, the state must develop creative
 1391  techniques to maximize the use of acquisition and management
 1392  funds. The Legislature also finds that the state’s conservation
 1393  and recreational land acquisition agencies should be encouraged
 1394  to augment their traditional, fee simple acquisition programs
 1395  with the use of alternatives to fee simple acquisition
 1396  techniques. Additionally, the Legislature finds that generations
 1397  of private landowners have been good stewards of their land,
 1398  protecting or restoring native habitats and ecosystems to the
 1399  benefit of the natural resources of this state, its heritage,
 1400  and its citizens. The Legislature also finds that using
 1401  alternatives to fee simple acquisition by public land
 1402  acquisition agencies will achieve the following public policy
 1403  goals:
 1404         1. Allow more lands to be brought under public protection
 1405  for preservation, conservation, and recreational purposes with
 1406  less expenditure of public funds.
 1407         2. Retain, on local government tax rolls, some portion of
 1408  or interest in lands which are under public protection.
 1409         3. Reduce long-term management costs by allowing private
 1410  property owners to continue acting as stewards of their land,
 1411  where appropriate.
 1412  
 1413  Therefore, it is the intent of the Legislature that public land
 1414  acquisition agencies develop programs to pursue alternatives to
 1415  fee simple acquisition and to educate private landowners about
 1416  such alternatives and the benefits of such alternatives. It is
 1417  also the intent of the Legislature that a portion of the shares
 1418  of Preservation 2000 and Florida Forever bond proceeds be used
 1419  to purchase eligible properties using alternatives to fee simple
 1420  acquisition.
 1421         (b) All project applications shall identify, within their
 1422  acquisition plans, projects that require a full fee simple
 1423  interest to achieve the public policy goals, together with the
 1424  reasons full title is determined to be necessary. The state
 1425  agencies and the water management districts may use alternatives
 1426  to fee simple acquisition to bring the remaining projects in
 1427  their acquisition plans under public protection. For the
 1428  purposes of this subsection, the term “alternatives to fee
 1429  simple acquisition” includes, but is not limited to: purchase of
 1430  development rights; obtaining conservation easements; obtaining
 1431  flowage easements; purchase of timber rights, mineral rights, or
 1432  hunting rights; purchase of agricultural interests or
 1433  silvicultural interests; entering into land protection
 1434  agreements as defined in s. 380.0677(3); fee simple acquisitions
 1435  with reservations; creating life estates; or any other
 1436  acquisition technique that achieves the public policy goals
 1437  listed in paragraph (a). It is presumed that a private landowner
 1438  retains the full range of uses for all the rights or interests
 1439  in the landowner’s land which are not specifically acquired by
 1440  the public agency. The lands upon which hunting rights are
 1441  specifically acquired pursuant to this paragraph shall be
 1442  available for hunting in accordance with the management plan or
 1443  hunting regulations adopted by the Florida Fish and Wildlife
 1444  Conservation Commission, unless the hunting rights are purchased
 1445  specifically to protect activities on adjacent lands.
 1446         (15) The board of trustees, by an affirmative vote of at
 1447  least three of its members, may direct the department to
 1448  purchase lands on an immediate basis using up to 15 percent of
 1449  the funds allocated to the department pursuant to s. 259.105 ss.
 1450  259.101(3)(a) and 259.105 for the acquisition of lands that:
 1451         (a) Are listed or placed at auction by the Federal
 1452  Government as part of the Resolution Trust Corporation sale of
 1453  lands from failed savings and loan associations;
 1454         (b) Are listed or placed at auction by the Federal
 1455  Government as part of the Federal Deposit Insurance Corporation
 1456  sale of lands from failed banks; or
 1457         (c) Will be developed or otherwise lost to potential public
 1458  ownership, or for which federal matching funds will be lost, by
 1459  the time the land can be purchased under the program within
 1460  which the land is listed for acquisition.
 1461  
 1462  For such acquisitions, the board of trustees may waive or modify
 1463  all procedures required for land acquisition pursuant to this
 1464  chapter and all competitive bid procedures required pursuant to
 1465  chapters 255 and 287. Lands acquired pursuant to this subsection
 1466  must, at the time of purchase, be on one of the acquisition
 1467  lists established pursuant to this chapter, or be essential for
 1468  water resource development, protection, or restoration, or a
 1469  significant portion of the lands must contain natural
 1470  communities or plant or animal species that which are listed by
 1471  the Florida Natural Areas Inventory as critically imperiled,
 1472  imperiled, or rare, or as excellent quality occurrences of
 1473  natural communities.
 1474         Section 23. Section 259.101, Florida Statutes, is amended
 1475  to read:
 1476         259.101 Florida Preservation 2000 Act.—
 1477         (1) SHORT TITLE.—This section may be cited as the “Florida
 1478  Preservation 2000 Act.”
 1479         (2) LEGISLATIVE FINDINGS.—The Legislature finds and
 1480  declares that:
 1481         (a) The alteration and development of Florida’s natural
 1482  areas to accommodate its rapidly growing population have
 1483  contributed to the degradation of water resources, the
 1484  fragmentation and destruction of wildlife habitats, the loss of
 1485  recreation space, and the diminishment of wetlands and forests.
 1486         (b) Imminent development of Florida’s remaining natural
 1487  areas and continuing increases in land values necessitate an
 1488  aggressive program of public land acquisition during the next
 1489  decade to preserve the quality of life that attracts so many
 1490  people to Florida.
 1491         (c) Acquisition of public lands, in fee simple or in any
 1492  lesser interest, should be based on a comprehensive assessment
 1493  of Florida’s natural resources and planned so as to protect the
 1494  integrity of ecological systems and to provide multiple
 1495  benefits, including preservation of fish and wildlife habitat,
 1496  recreation space, and water recharge areas. Governmental
 1497  agencies responsible for public land acquisition should work
 1498  together to purchase lands jointly and to coordinate individual
 1499  purchases within ecological systems.
 1500         (d) One of the purposes of the Florida Communities Trust
 1501  program is to acquire, protect, and preserve open space and
 1502  recreation properties within urban areas where pristine animal
 1503  and plant communities no longer exist. These areas are often
 1504  overlooked in other programs because of their smaller size and
 1505  proximity to developed property. These smaller parcels are,
 1506  however, critically important to the quality of life in these
 1507  urban areas for the residents who live there as well as to the
 1508  many visitors to the state. The trust shall consider projects
 1509  submitted by local governments which further the goals,
 1510  objectives, and policies of the conservation, recreation and
 1511  open space, or coastal elements of their local comprehensive
 1512  plans or which serve to conserve natural resources or resolve
 1513  land use conflicts.
 1514         (e) South Florida’s water supply and unique natural
 1515  environment depend on the protection of lands buffering the East
 1516  Everglades and the Everglades water conservation areas.
 1517  
 1518  In addition, the Legislature recognizes the conflicting desires
 1519  of the citizens of this state to prosper through economic
 1520  development and to preserve the natural areas of Florida that
 1521  development threatens to claim. The Legislature further
 1522  recognizes the urgency of acquiring natural areas in the state
 1523  for preservation, yet acknowledges the difficulty of ensuring
 1524  adequate funding for accelerated acquisition in light of other
 1525  equally critical financial needs of the state. It is the
 1526  Legislature’s desire and intent to fund the implementation of
 1527  the Florida Preservation 2000 Act for each of the 10 years of
 1528  the program’s duration and to do so in a fiscally responsible
 1529  manner.
 1530         (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION
 1531  2000 BONDS LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the
 1532  costs of issuance, the costs of funding reserve accounts, and
 1533  other costs with respect to the bonds, the proceeds of bonds
 1534  issued pursuant to this act shall be deposited into the Florida
 1535  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1536  year 2000-2001, for each Florida Preservation 2000 program
 1537  described in paragraphs (a)-(g), that portion of each program’s
 1538  total remaining cash balance which, as of June 30, 2000, is in
 1539  excess of that program’s total remaining appropriation balances
 1540  shall be redistributed by the department and deposited into the
 1541  Save Our Everglades Trust Fund for land acquisition. For
 1542  purposes of calculating the total remaining cash balances for
 1543  this redistribution, the Florida Preservation 2000 Series 2000
 1544  bond proceeds, including interest thereon, and the fiscal year
 1545  1999-2000 General Appropriations Act amounts shall be deducted
 1546  from the remaining cash and appropriation balances,
 1547  respectively. The remaining proceeds shall be distributed by the
 1548  Department of Environmental Protection in the following manner:
 1549         (a) Fifty percent to the Department of Environmental
 1550  Protection for the purchase of public lands as described in s.
 1551  259.032. Of this 50 percent, at least one-fifth shall be used
 1552  for the acquisition of coastal lands.
 1553         (b) Thirty percent to the Department of Environmental
 1554  Protection for the purchase of water management lands pursuant
 1555  to s. 373.59, to be distributed among the water management
 1556  districts as provided in that section. Funds received by each
 1557  district may also be used for acquisition of lands necessary to
 1558  implement surface water improvement and management plans or for
 1559  acquisition of lands necessary to implement the Everglades
 1560  Construction Project authorized by s. 373.4592.
 1561         (c) Ten percent to the Department of Environmental
 1562  Protection to provide land acquisition grants and loans to local
 1563  governments through the Florida Communities Trust pursuant to
 1564  part III of chapter 380. From funds allocated to the trust, $3
 1565  million annually shall be used by the Division of State Lands
 1566  within the Department of Environmental Protection to implement
 1567  the Green Swamp Land Protection Initiative specifically for the
 1568  purchase of conservation easements, as defined in s.
 1569  380.0677(3), of lands, or severable interests or rights in
 1570  lands, in the Green Swamp Area of Critical State Concern. From
 1571  funds allocated to the trust, $3 million annually shall be used
 1572  by the Monroe County Comprehensive Plan Land Authority
 1573  specifically for the purchase of a real property interest in
 1574  those lands subject to the Rate of Growth Ordinances adopted by
 1575  local governments in Monroe County or those lands within the
 1576  boundary of an approved Conservation and Recreation Lands
 1577  project located within the Florida Keys or Key West Areas of
 1578  Critical State Concern; however, title to lands acquired within
 1579  the boundary of an approved Conservation and Recreation Lands
 1580  project may, in accordance with an approved joint acquisition
 1581  agreement, vest in the Board of Trustees of the Internal
 1582  Improvement Trust Fund. Of the remaining funds, one-half shall
 1583  be matched by local governments on a dollar-for-dollar basis. To
 1584  the extent allowed by federal requirements for the use of bond
 1585  proceeds, the trust shall expend Preservation 2000 funds to
 1586  carry out the purposes of part III of chapter 380.
 1587         (d) Two and nine-tenths percent to the Department of
 1588  Environmental Protection for the purchase of inholdings and
 1589  additions to state parks. For the purposes of this paragraph,
 1590  “state park” means all real property in the state under the
 1591  jurisdiction of the Division of Recreation and Parks of the
 1592  department, or which may come under its jurisdiction.
 1593         (e) Two and nine-tenths percent to the Florida Forest
 1594  Service of the Department of Agriculture and Consumer Services
 1595  to fund the acquisition of state forest inholdings and additions
 1596  pursuant to s. 589.07.
 1597         (f) Two and nine-tenths percent to the Fish and Wildlife
 1598  Conservation Commission to fund the acquisition of inholdings
 1599  and additions to lands managed by the commission which are
 1600  important to the conservation of fish and wildlife.
 1601         (g) One and three-tenths percent to the Department of
 1602  Environmental Protection for the Florida Greenways and Trails
 1603  Program, to acquire greenways and trails or greenways and trails
 1604  systems pursuant to chapter 260, including, but not limited to,
 1605  abandoned railroad rights-of-way and the Florida National Scenic
 1606  Trail.
 1607  
 1608  Local governments may use federal grants or loans, private
 1609  donations, or environmental mitigation funds, including
 1610  environmental mitigation funds required pursuant to s. 338.250,
 1611  for any part or all of any local match required for the purposes
 1612  described in this subsection. Bond proceeds allocated pursuant
 1613  to paragraph (c) may be used to purchase lands on the priority
 1614  lists developed pursuant to s. 259.035. Title to lands purchased
 1615  pursuant to former paragraphs (a), (d), (e), (f), or and (g) of
 1616  this subsection, Florida Statutes 2014, shall be vested in the
 1617  Board of Trustees of the Internal Improvement Trust Fund. Title
 1618  to lands purchased pursuant to former paragraph (c) of this
 1619  subsection, Florida Statutes 2014, may be vested in the Board of
 1620  Trustees of the Internal Improvement Trust Fund. The board of
 1621  trustees shall hold title to land protection agreements and
 1622  conservation easements that were or will be acquired pursuant to
 1623  former s. 380.0677, Florida Statutes 2014, and the Southwest
 1624  Florida Water Management District and the St. Johns River Water
 1625  Management District shall monitor such agreements and easements
 1626  within their respective districts until the state assumes this
 1627  responsibility.
 1628         (4) PROJECT CRITERIA.—
 1629         (a) Proceeds of bonds issued pursuant to this act and
 1630  distributed pursuant to paragraphs (3)(a) and (b) shall be spent
 1631  only on projects which meet at least one of the following
 1632  criteria, as determined pursuant to paragraphs (b) and (c):
 1633         1. A significant portion of the land in the project is in
 1634  imminent danger of development, in imminent danger of loss of
 1635  its significant natural attributes, or in imminent danger of
 1636  subdivision which will result in multiple ownership and may make
 1637  acquisition of the project more costly or less likely to be
 1638  accomplished;
 1639         2. Compelling evidence exists that the land is likely to be
 1640  developed during the next 12 months, or appraisals made during
 1641  the past 5 years indicate an escalation in land value at an
 1642  average rate that exceeds the average rate of interest likely to
 1643  be paid on the bonds;
 1644         3. A significant portion of the land in the project serves
 1645  to protect or recharge groundwater and to protect other valuable
 1646  natural resources or provide space for natural resource based
 1647  recreation;
 1648         4. The project can be purchased at 80 percent of appraised
 1649  value or less;
 1650         5. A significant portion of the land in the project serves
 1651  as habitat for endangered, threatened, or rare species or serves
 1652  to protect natural communities which are listed by the Florida
 1653  Natural Areas Inventory as critically imperiled, imperiled, or
 1654  rare, or as excellent quality occurrences of natural
 1655  communities; or
 1656         6. A significant portion of the land serves to preserve
 1657  important archaeological or historical sites.
 1658         (b) Each year that bonds are to be issued pursuant to this
 1659  act, the Land Acquisition and Management Advisory Council shall
 1660  review that year’s approved Conservation and Recreation Lands
 1661  priority list and shall, by the first board meeting in February,
 1662  present to the Board of Trustees of the Internal Improvement
 1663  Trust Fund for approval a listing of projects on the list which
 1664  meet one or more of the criteria listed in paragraph (a). The
 1665  board may remove projects from the list developed pursuant to
 1666  this paragraph, but may not add projects.
 1667         (c) Each year that bonds are to be issued pursuant to this
 1668  act, each water management district governing board shall review
 1669  the lands on its current year’s Save Our Rivers 5-year plan and
 1670  shall, by January 15, adopt a listing of projects from the plan
 1671  which meet one or more of the criteria listed in paragraph (a).
 1672         (d) In the acquisition of coastal lands pursuant to
 1673  paragraph (3)(a), the following additional criteria shall also
 1674  be considered:
 1675         1. The value of acquiring coastal high-hazard parcels,
 1676  consistent with hazard mitigation and postdisaster redevelopment
 1677  policies, in order to minimize the risk to life and property and
 1678  to reduce the need for future disaster assistance.
 1679         2. The value of acquiring beachfront parcels, irrespective
 1680  of size, to provide public access and recreational opportunities
 1681  in highly developed urban areas.
 1682         3. The value of acquiring identified parcels the
 1683  development of which would adversely affect coastal resources.
 1684  
 1685  When a nonprofit environmental organization which is tax-exempt
 1686  pursuant to s. 501(c)(3) of the United States Internal Revenue
 1687  Code sells land to the state, such land at the time of such sale
 1688  shall be deemed to meet one or more of the criteria listed in
 1689  paragraph (a) if such land meets one or more of the criteria at
 1690  the time the organization purchases it. Listings of projects
 1691  compiled pursuant to paragraphs (b) and (c) may be revised to
 1692  include projects on the Conservation and Recreation Lands
 1693  priority list or in a water management district’s 5-year plan
 1694  which come under the criteria in paragraph (a) after the dates
 1695  specified in paragraph (b) or paragraph (c). The requirement of
 1696  paragraph (3)(a) regarding coastal lands is met as long as an
 1697  average of one-fifth of the cumulative proceeds allocated
 1698  through fiscal year 1999-2000 pursuant to that paragraph is used
 1699  to purchase coastal lands.
 1700         (e) The Legislature finds that the Florida Preservation
 1701  2000 Program has provided financial resources that have enabled
 1702  the acquisition of significant amounts of land for public
 1703  ownership in the first 7 years of the program’s existence. In
 1704  the remaining years of the Florida Preservation 2000 Program,
 1705  agencies that receive funds are encouraged to better coordinate
 1706  their expenditures so that future acquisitions, when combined
 1707  with previous acquisitions, will form more complete patterns of
 1708  protection for natural areas and functioning ecosystems to
 1709  better accomplish the intent of paragraph (2)(c).
 1710         (f) The Legislature intends that, in the remaining years of
 1711  the Florida Preservation 2000 Program, emphasis be given to the
 1712  completion of projects in which one or more parcels have already
 1713  been acquired and to the acquisition of lands containing
 1714  ecological resources which are either not represented or
 1715  underrepresented on lands currently in public ownership. The
 1716  Legislature also intends that future acquisitions under the
 1717  Florida Preservation 2000 Program be limited to projects on the
 1718  current project lists, or any additions to the list as
 1719  determined and prioritized by the study, or those projects that
 1720  can reasonably be expected to be acquired by the end of the
 1721  Florida Preservation 2000 Program.
 1722         (4) FLORIDA FOREST SERVICE FUND USE.— (5) Any funds
 1723  received by the Florida Forest Service from the Preservation
 1724  2000 Trust Fund pursuant to paragraph (3)(e) shall be used only
 1725  to pay the cost of the acquisition of lands in furtherance of
 1726  outdoor recreation and natural resources conservation in this
 1727  state. The administration and use of any funds received by the
 1728  Florida Forest Service from the Preservation 2000 Trust Fund
 1729  will be subject to such terms and conditions imposed thereon by
 1730  the agency of the state responsible for the issuance of the
 1731  revenue bonds, the proceeds of which are deposited in the
 1732  Preservation 2000 Trust Fund, including restrictions imposed to
 1733  ensure that the interest on any such revenue bonds issued by the
 1734  state as tax-exempt revenue bonds will not be included in the
 1735  gross income of the holders of such bonds for federal income tax
 1736  purposes. All deeds or leases with respect to any real property
 1737  acquired with Preservation 2000 funds must received by the
 1738  Florida Forest Service from the Preservation 2000 Trust Fund
 1739  shall contain sufficient such covenants and restrictions as are
 1740  sufficient to ensure that the use of such real property at all
 1741  times complies with s. 375.051 and s. 9, Art. XII of the 1968
 1742  Constitution of Florida; and shall contain reverter clauses
 1743  providing for the reversion of title to such property to the
 1744  Board of Trustees of the Internal Improvement Trust Fund or, in
 1745  the case of a lease of such property, providing for termination
 1746  of the lease upon a failure to use the property conveyed thereby
 1747  for such purposes.
 1748         (5)(6) DISPOSITION OF LANDS.—
 1749         (a) Any lands acquired pursuant to former paragraphs
 1750  paragraph (3)(a), paragraph (3)(c), paragraph (3)(d), paragraph
 1751  (3)(e), paragraph (3)(f), or paragraph (3)(g) of this section,
 1752  Florida Statutes 2014, if title to such lands is vested in the
 1753  Board of Trustees of the Internal Improvement Trust Fund, may be
 1754  disposed of by the Board of Trustees of the Internal Improvement
 1755  Trust Fund in accordance with the provisions and procedures set
 1756  forth in s. 253.034(6), and lands acquired pursuant to former
 1757  paragraph (3)(b) of this section, Florida Statutes 2014, may be
 1758  disposed of by the owning water management district in
 1759  accordance with the procedures and provisions set forth in ss.
 1760  373.056 and 373.089 provided such disposition also shall satisfy
 1761  the requirements of paragraphs (b) and (c).
 1762         (b) Before land acquired with Preservation 2000 funds may
 1763  be surplused as required by s. 253.034(6), or determined to be
 1764  no longer required for its purposes under s. 373.056(4), as
 1765  whichever may be applicable, there shall first be a
 1766  determination by the Board of Trustees of the Internal
 1767  Improvement Trust Fund, or, in the case of water management
 1768  district lands, by the owning water management district, that
 1769  such land no longer needs to be preserved in furtherance of the
 1770  intent of the Florida Preservation 2000 Act. Any lands eligible
 1771  to be disposed of under this procedure also may be used to
 1772  acquire other lands through an exchange of lands if, provided
 1773  such lands obtained in an exchange are described in the same
 1774  paragraph of former subsection (3) of this section, Florida
 1775  Statutes 2014, as the lands disposed.
 1776         (c) Notwithstanding paragraphs (a) and (b), no such
 1777  disposition of land shall be made if such disposition would have
 1778  the effect of causing all or any portion of the interest on any
 1779  revenue bonds issued to fund the Florida Preservation 2000 Act
 1780  to lose their exclusion from gross income for purposes of
 1781  federal income taxation. Any Revenue derived from the disposal
 1782  of such lands acquired with Preservation 2000 funds may not be
 1783  used for any purpose except for deposit into the Florida
 1784  Preservation 2000 Trust Fund, or the Florida Forever Trust Fund
 1785  within the Department of Environmental Protection, for recredit
 1786  to the share held under former subsection (3) of this section,
 1787  Florida Statutes 2014, in which such disposed land is described.
 1788         (6)(7) ALTERNATE USES OF ACQUIRED LANDS.—
 1789         (a) The Board of Trustees of the Internal Improvement Trust
 1790  Fund, or, in the case of water management district lands, the
 1791  owning water management district, may authorize the granting of
 1792  a lease, easement, or license for the use of any lands acquired
 1793  pursuant to former subsection (3) of this section, Florida
 1794  Statutes 2014, for any governmental use permitted by s. 17, Art.
 1795  IX of the State Constitution of 1885, as adopted by s. 9(a),
 1796  Art. XII of the State Constitution, and any other incidental
 1797  public or private use that is determined by the board or the
 1798  owning water management district to be compatible with the
 1799  purposes for which such lands were acquired.
 1800         (b) Any existing lease, easement, or license acquired for
 1801  incidental public or private use on, under, or across any lands
 1802  acquired pursuant to former subsection (3) of this section,
 1803  Florida Statutes 2014, shall be presumed not to be incompatible
 1804  with the purposes for which such lands were acquired.
 1805         (c) Notwithstanding the provisions of paragraph (a), no
 1806  such lease, easement, or license shall be entered into by the
 1807  Department of Environmental Protection or other appropriate
 1808  state agency if the granting of such lease, easement, or license
 1809  would adversely affect the exclusion of the interest on any
 1810  revenue bonds issued to fund the acquisition of the affected
 1811  lands from gross income for federal income tax purposes, as
 1812  described in s. 375.045(4).
 1813         (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.— (8)
 1814         (a) The Legislature finds that, with the increasing
 1815  pressures on the natural areas of this state, the state must
 1816  develop creative techniques to maximize the use of acquisition
 1817  and management moneys. The Legislature also finds that the
 1818  state’s environmental land-buying agencies should be encouraged
 1819  to augment their traditional, fee simple acquisition programs
 1820  with the use of alternatives to fee simple acquisition
 1821  techniques. The Legislature also finds that using alternatives
 1822  to fee simple acquisition by public land-buying agencies will
 1823  achieve the following public policy goals:
 1824         1. Allow more lands to be brought under public protection
 1825  for preservation, conservation, and recreational purposes at
 1826  less expense using public funds.
 1827         2. Retain, on local government tax rolls, some portion of
 1828  or interest in lands that which are under public protection.
 1829         3. Reduce long-term management costs by allowing private
 1830  property owners to continue acting as stewards of the land, as
 1831  where appropriate.
 1832  
 1833  Therefore, it is the intent of the Legislature that public land
 1834  buying agencies develop programs to pursue alternatives to fee
 1835  simple acquisition and to educate private landowners about such
 1836  alternatives and the benefits of such alternatives. It also is
 1837  the intent of the Legislature that the department and the water
 1838  management districts spend a portion of their shares of
 1839  Preservation 2000 bond proceeds to purchase eligible properties
 1840  using alternatives to fee simple acquisition. Finally, it is the
 1841  intent of the Legislature that public agencies acquire lands in
 1842  fee simple for public access and recreational activities. Lands
 1843  protected using alternatives to fee simple acquisition
 1844  techniques may shall not be accessible to the public unless such
 1845  access is negotiated with and agreed to by the private
 1846  landowners who retain interests in such lands.
 1847         (b) The Land Acquisition Advisory Council and the water
 1848  management districts shall identify, within their 1997
 1849  acquisition plans, those projects that which require a full fee
 1850  simple interest to achieve the public policy goals, along with
 1851  the reasons why full title is determined to be necessary. The
 1852  council and the water management districts may use alternatives
 1853  to fee simple acquisition to bring the remaining projects in
 1854  their acquisition plans under public protection. For the
 1855  purposes of this subsection, the term “alternatives to fee
 1856  simple acquisition” includes the, but is not limited to:
 1857  purchase of development rights; conservation easements; flowage
 1858  easements; the purchase of timber rights, mineral rights, or
 1859  hunting rights; the purchase of agricultural interests or
 1860  silvicultural interests; land protection agreements; fee simple
 1861  acquisitions with reservations; or any other acquisition
 1862  technique that which achieves the public policy goals identified
 1863  listed in paragraph (a). It is presumed that a private landowner
 1864  retains the full range of uses for all the rights or interests
 1865  in the landowner’s land which are not specifically acquired by
 1866  the public agency. Life estates and fee simple acquisitions with
 1867  leaseback provisions do shall not qualify as an alternative to
 1868  fee simple acquisition under this subsection, although the
 1869  department and the districts are encouraged to use such
 1870  techniques if where appropriate.
 1871         (c) The department and each water management district shall
 1872  implement initiatives to use alternatives to fee simple
 1873  acquisition and to educate private landowners about such
 1874  alternatives. These initiatives must shall include at least two
 1875  acquisitions a year by the department and each water management
 1876  district utilizing alternatives to fee simple.
 1877         (d) The Legislature finds that the lack of direct sales
 1878  comparison information has served as an impediment to successful
 1879  implementation of alternatives to fee simple acquisition. It is
 1880  the intent of the Legislature that, in the absence of direct
 1881  comparable sales information, appraisals of alternatives to fee
 1882  simple acquisitions be based on the difference between the full
 1883  fee simple valuation and the value of the interests remaining
 1884  with the seller after acquisition.
 1885         (e) The public agency that which has been assigned
 1886  management responsibility shall inspect and monitor any less
 1887  than-fee-simple interest according to the terms of the purchase
 1888  agreement relating to such interest.
 1889         (f) The department and the water management districts may
 1890  enter into joint acquisition agreements to jointly fund the
 1891  purchase of lands using alternatives to fee simple techniques.
 1892         (8) PUBLIC RECREATIONAL USE.—An agency or water management
 1893  district that acquired lands using Preservation 2000 funds
 1894  distributed pursuant to former subsection (3) of this section,
 1895  Florida Statutes 2014, shall manage such lands to make them
 1896  available for public recreational use if the recreational use
 1897  does not interfere with the protection of natural resource
 1898  values. The agency or district may enter into an agreement with
 1899  the department or another appropriate state agency to transfer
 1900  management authority or lease to such agencies lands purchased
 1901  with Preservation 2000 funds for the purpose of managing the
 1902  lands to make them available for public recreational use. The
 1903  water management districts and the department shall take action
 1904  to control the growth of nonnative invasive plant species on
 1905  lands they manage which were purchased with Preservation 2000
 1906  funds.
 1907         Section 24. Section 259.105, Florida Statutes, is amended
 1908  to read:
 1909         259.105 The Florida Forever Act.—
 1910         (1) This section may be cited as the “Florida Forever Act.”
 1911         (2)(a) The Legislature finds and declares that:
 1912         1. Land acquisition programs have provided tremendous
 1913  financial resources for purchasing environmentally significant
 1914  lands to protect those lands from imminent development or
 1915  alteration, thereby ensuring present and future generations’
 1916  access to important waterways, open spaces, and recreation and
 1917  conservation lands.
 1918         2. The continued alteration and development of Florida’s
 1919  natural and rural areas to accommodate the state’s growing
 1920  population have contributed to the degradation of water
 1921  resources, the fragmentation and destruction of wildlife
 1922  habitats, the loss of outdoor recreation space, and the
 1923  diminishment of wetlands, forests, working landscapes, and
 1924  coastal open space.
 1925         3. The potential development of Florida’s remaining natural
 1926  areas and escalation of land values require government efforts
 1927  to restore, bring under public protection, or acquire lands and
 1928  water areas to preserve the state’s essential ecological
 1929  functions and invaluable quality of life.
 1930         4. It is essential to protect the state’s ecosystems by
 1931  promoting a more efficient use of land, to ensure opportunities
 1932  for viable agricultural activities on working lands, and to
 1933  promote vital rural and urban communities that support and
 1934  produce development patterns consistent with natural resource
 1935  protection.
 1936         5. Florida’s groundwater, surface waters, and springs are
 1937  under tremendous pressure due to population growth and economic
 1938  expansion and require special protection and restoration
 1939  efforts, including the protection of uplands and springsheds
 1940  that provide vital recharge to aquifer systems and are critical
 1941  to the protection of water quality and water quantity of the
 1942  aquifers and springs. To ensure that sufficient quantities of
 1943  water are available to meet the current and future needs of the
 1944  natural systems and citizens of the state, and assist in
 1945  achieving the planning goals of the department and the water
 1946  management districts, water resource development projects on
 1947  public lands, where compatible with the resource values of and
 1948  management objectives for the lands, are appropriate.
 1949         6. The needs of urban, suburban, and small communities in
 1950  Florida for high-quality outdoor recreational opportunities,
 1951  greenways, trails, and open space have not been fully met by
 1952  previous acquisition programs. Through such programs as the
 1953  Florida Communities Trust and the Florida Recreation Development
 1954  Assistance Program, the state shall place additional emphasis on
 1955  acquiring, protecting, preserving, and restoring open space,
 1956  ecological greenways, and recreation properties within urban,
 1957  suburban, and rural areas where pristine natural communities or
 1958  water bodies no longer exist because of the proximity of
 1959  developed property.
 1960         7. Many of Florida’s unique ecosystems, such as the Florida
 1961  Everglades, are facing ecological collapse due to Florida’s
 1962  burgeoning population growth and other economic activities. To
 1963  preserve these valuable ecosystems for future generations,
 1964  essential parcels of land must be acquired to facilitate
 1965  ecosystem restoration.
 1966         8. Access to public lands to support a broad range of
 1967  outdoor recreational opportunities and the development of
 1968  necessary infrastructure, where compatible with the resource
 1969  values of and management objectives for such lands, promotes an
 1970  appreciation for Florida’s natural assets and improves the
 1971  quality of life.
 1972         9. Acquisition of lands, in fee simple, less-than-fee
 1973  interest, or other techniques shall be based on a comprehensive
 1974  science-based assessment of Florida’s natural resources which
 1975  targets essential conservation lands by prioritizing all current
 1976  and future acquisitions based on a uniform set of data and
 1977  planned so as to protect the integrity and function of
 1978  ecological systems and working landscapes, and provide multiple
 1979  benefits, including preservation of fish and wildlife habitat,
 1980  recreation space for urban and rural areas, and the restoration
 1981  of natural water storage, flow, and recharge.
 1982         10. The state has embraced performance-based program
 1983  budgeting as a tool to evaluate the achievements of publicly
 1984  funded agencies, build in accountability, and reward those
 1985  agencies which are able to consistently achieve quantifiable
 1986  goals. While previous and existing state environmental programs
 1987  have achieved varying degrees of success, few of these programs
 1988  can be evaluated as to the extent of their achievements,
 1989  primarily because performance measures, standards, outcomes, and
 1990  goals were not established at the outset. Therefore, the Florida
 1991  Forever program shall be developed and implemented in the
 1992  context of measurable state goals and objectives.
 1993         11. The state must play a major role in the recovery and
 1994  management of its imperiled species through the acquisition,
 1995  restoration, enhancement, and management of ecosystems that can
 1996  support the major life functions of such species. It is the
 1997  intent of the Legislature to support local, state, and federal
 1998  programs that result in net benefit to imperiled species habitat
 1999  by providing public and private land owners meaningful
 2000  incentives for acquiring, restoring, managing, and repopulating
 2001  habitats for imperiled species. It is the further intent of the
 2002  Legislature that public lands, both existing and to be acquired,
 2003  identified by the lead land managing agency, in consultation
 2004  with the Florida Fish and Wildlife Conservation Commission for
 2005  animals or the Department of Agriculture and Consumer Services
 2006  for plants, as habitat or potentially restorable habitat for
 2007  imperiled species, be restored, enhanced, managed, and
 2008  repopulated as habitat for such species to advance the goals and
 2009  objectives of imperiled species management consistent with the
 2010  purposes for which such lands are acquired without restricting
 2011  other uses identified in the management plan. It is also the
 2012  intent of the Legislature that of the proceeds distributed
 2013  pursuant to subsection (3), additional consideration be given to
 2014  acquisitions that achieve a combination of conservation goals,
 2015  including the restoration, enhancement, management, or
 2016  repopulation of habitat for imperiled species. The Acquisition
 2017  and Restoration Council, in addition to the criteria in
 2018  subsection (9), shall give weight to projects that include
 2019  acquisition, restoration, management, or repopulation of habitat
 2020  for imperiled species. The term “imperiled species” as used in
 2021  this chapter and chapter 253, means plants and animals that are
 2022  federally listed under the Endangered Species Act, or state
 2023  listed by the Fish and Wildlife Conservation Commission or the
 2024  Department of Agriculture and Consumer Services.
 2025         a. As part of the state’s role, all state lands that have
 2026  imperiled species habitat shall include as a consideration in
 2027  management plan development the restoration, enhancement,
 2028  management, and repopulation of such habitats. In addition, the
 2029  lead land managing agency of such state lands may use fees
 2030  received from public or private entities for projects to offset
 2031  adverse impacts to imperiled species or their habitat in order
 2032  to restore, enhance, manage, repopulate, or acquire land and to
 2033  implement land management plans developed under s. 253.034 or a
 2034  land management prospectus developed and implemented under this
 2035  chapter. Such fees shall be deposited into a foundation or fund
 2036  created by each land management agency under s. 379.223, s.
 2037  589.012, or s. 259.032(9)(c) s. 259.032(11)(c), to be used
 2038  solely to restore, manage, enhance, repopulate, or acquire
 2039  imperiled species habitat.
 2040         b. Where habitat or potentially restorable habitat for
 2041  imperiled species is located on state lands, the Fish and
 2042  Wildlife Conservation Commission and the Department of
 2043  Agriculture and Consumer Services shall be included on any
 2044  advisory group required under chapter 253, and the short-term
 2045  and long-term management goals required under chapter 253 must
 2046  advance the goals and objectives of imperiled species management
 2047  consistent with the purposes for which the land was acquired
 2048  without restricting other uses identified in the management
 2049  plan.
 2050         12. There is a need to change the focus and direction of
 2051  the state’s major land acquisition programs and to extend
 2052  funding and bonding capabilities, so that future generations may
 2053  enjoy the natural resources of this state.
 2054         (b) The Legislature recognizes that acquisition of lands in
 2055  fee simple is only one way to achieve the aforementioned goals
 2056  and encourages the use of less-than-fee interests, other
 2057  techniques, and the development of creative partnerships between
 2058  governmental agencies and private landowners. Such partnerships
 2059  may include those that advance the restoration, enhancement,
 2060  management, or repopulation of imperiled species habitat on
 2061  state lands as provided for in subparagraph (a)11. Easements
 2062  acquired pursuant to s. 570.71(2)(a) and (b), land protection
 2063  agreements, and nonstate funded tools such as rural land
 2064  stewardship areas, sector planning, and mitigation should be
 2065  used, where appropriate, to bring environmentally sensitive
 2066  tracts under an acceptable level of protection at a lower
 2067  financial cost to the public, and to provide private landowners
 2068  with the opportunity to enjoy and benefit from their property.
 2069         (c) Public agencies or other entities that receive funds
 2070  under this section shall coordinate their expenditures so that
 2071  project acquisitions, when combined with acquisitions under
 2072  Florida Forever, Preservation 2000, Save Our Rivers, the Florida
 2073  Communities Trust, other public land acquisition programs, and
 2074  the techniques, partnerships, and tools referenced in
 2075  subparagraph (a)11. and paragraph (b), are used to form more
 2076  complete patterns of protection for natural areas, ecological
 2077  greenways, and functioning ecosystems, to better accomplish the
 2078  intent of this section.
 2079         (d) A long-term financial commitment to restoring,
 2080  enhancing, and managing Florida’s public lands in order to
 2081  implement land management plans developed under s. 253.034 or a
 2082  land management prospectus developed and implemented under this
 2083  chapter must accompany any land acquisition program to ensure
 2084  that the natural resource values of such lands are restored,
 2085  enhanced, managed, and protected; that the public enjoys the
 2086  lands to their fullest potential; and that the state achieves
 2087  the full benefits of its investment of public dollars.
 2088  Innovative strategies such as public-private partnerships and
 2089  interagency planning and sharing of resources shall be used to
 2090  achieve the state’s management goals.
 2091         (e) With limited dollars available for restoration,
 2092  enhancement, management, and acquisition of land and water areas
 2093  and for providing long-term management and capital improvements,
 2094  a competitive selection process shall select those projects best
 2095  able to meet the goals of Florida Forever and maximize the
 2096  efficient use of the program’s funding.
 2097         (f) To ensure success and provide accountability to the
 2098  citizens of this state, it is the intent of the Legislature that
 2099  any cash or bond proceeds used pursuant to this section be used
 2100  to implement the goals and objectives recommended by a
 2101  comprehensive science-based assessment and approved by the Board
 2102  of Trustees of the Internal Improvement Trust Fund and the
 2103  Legislature.
 2104         (g) As it has with previous land acquisition programs, the
 2105  Legislature recognizes the desires of the residents of this
 2106  state to prosper through economic development and to preserve,
 2107  restore, and manage the state’s natural areas and recreational
 2108  open space. The Legislature further recognizes the urgency of
 2109  restoring the natural functions, including wildlife and
 2110  imperiled species habitat functions, of public lands or water
 2111  bodies before they are degraded to a point where recovery may
 2112  never occur, yet acknowledges the difficulty of ensuring
 2113  adequate funding for restoration, enhancement, and management
 2114  efforts in light of other equally critical financial needs of
 2115  the state. It is the Legislature’s desire and intent to fund the
 2116  implementation of this section and to do so in a fiscally
 2117  responsible manner, by issuing bonds to be repaid with
 2118  documentary stamp tax or other revenue sources, including those
 2119  identified in subparagraph (a)11.
 2120         (h) The Legislature further recognizes the important role
 2121  that many of our state and federal military installations
 2122  contribute to protecting and preserving Florida’s natural
 2123  resources as well as our economic prosperity. Where the state’s
 2124  land conservation plans overlap with the military’s need to
 2125  protect lands, waters, and habitat to ensure the sustainability
 2126  of military missions, it is the Legislature’s intent that
 2127  agencies receiving funds under this program cooperate with our
 2128  military partners to protect and buffer military installations
 2129  and military airspace, by:
 2130         1. Protecting habitat on nonmilitary land for any species
 2131  found on military land that is designated as threatened or
 2132  endangered, or is a candidate for such designation under the
 2133  Endangered Species Act or any Florida statute;
 2134         2. Protecting areas underlying low-level military air
 2135  corridors or operating areas;
 2136         3. Protecting areas identified as clear zones, accident
 2137  potential zones, and air installation compatible use buffer
 2138  zones delineated by our military partners; and
 2139         4. Providing the military with technical assistance to
 2140  restore, enhance, and manage military land as habitat for
 2141  imperiled species or species designated as threatened or
 2142  endangered, or a candidate for such designation, and for the
 2143  recovery or reestablishment of such species.
 2144         (3) Less the costs of issuing and the costs of funding
 2145  reserve accounts and other costs associated with bonds, the
 2146  proceeds of cash payments or bonds issued pursuant to this
 2147  section shall be deposited into the Florida Forever Trust Fund
 2148  created by s. 259.1051. The proceeds shall be distributed by the
 2149  Department of Environmental Protection in the following manner:
 2150         (a) Thirty percent to the Department of Environmental
 2151  Protection for the acquisition of lands and capital project
 2152  expenditures necessary to implement the water management
 2153  districts’ priority lists developed pursuant to s. 373.199. The
 2154  funds are to be distributed to the water management districts as
 2155  provided in subsection (11). A minimum of 50 percent of the
 2156  total funds provided over the life of the Florida Forever
 2157  program pursuant to this paragraph shall be used for the
 2158  acquisition of lands.
 2159         (b) Thirty-five percent to the Department of Environmental
 2160  Protection for the acquisition of lands and capital project
 2161  expenditures described in this section. Of the proceeds
 2162  distributed pursuant to this paragraph, it is the intent of the
 2163  Legislature that an increased priority be given to those
 2164  acquisitions which achieve a combination of conservation goals,
 2165  including protecting Florida’s water resources and natural
 2166  groundwater recharge. At a minimum, 3 percent, and no more than
 2167  10 percent, of the funds allocated pursuant to this paragraph
 2168  shall be spent on capital project expenditures identified during
 2169  the time of acquisition which meet land management planning
 2170  activities necessary for public access.
 2171         (c) Twenty-one percent to the Department of Environmental
 2172  Protection for use by the Florida Communities Trust for the
 2173  purposes of part III of chapter 380, as described and limited by
 2174  this subsection, and grants to local governments or nonprofit
 2175  environmental organizations that are tax-exempt under s.
 2176  501(c)(3) of the United States Internal Revenue Code for the
 2177  acquisition of community-based projects, urban open spaces,
 2178  parks, and greenways to implement local government comprehensive
 2179  plans. From funds available to the trust and used for land
 2180  acquisition, 75 percent shall be matched by local governments on
 2181  a dollar-for-dollar basis. The Legislature intends that the
 2182  Florida Communities Trust emphasize funding projects in low
 2183  income or otherwise disadvantaged communities and projects that
 2184  provide areas for direct water access and water-dependent
 2185  facilities that are open to the public and offer public access
 2186  by vessels to waters of the state, including boat ramps and
 2187  associated parking and other support facilities. At least 30
 2188  percent of the total allocation provided to the trust shall be
 2189  used in Standard Metropolitan Statistical Areas, but one-half of
 2190  that amount shall be used in localities in which the project
 2191  site is located in built-up commercial, industrial, or mixed-use
 2192  areas and functions to intersperse open spaces within congested
 2193  urban core areas. From funds allocated to the trust, no less
 2194  than 5 percent shall be used to acquire lands for recreational
 2195  trail systems, provided that in the event these funds are not
 2196  needed for such projects, they will be available for other trust
 2197  projects. Local governments may use federal grants or loans,
 2198  private donations, or environmental mitigation funds, including
 2199  environmental mitigation funds required pursuant to s. 338.250,
 2200  for any part or all of any local match required for acquisitions
 2201  funded through the Florida Communities Trust. Any lands
 2202  purchased by nonprofit organizations using funds allocated under
 2203  this paragraph must provide for such lands to remain permanently
 2204  in public use through a reversion of title to local or state
 2205  government, conservation easement, or other appropriate
 2206  mechanism. Projects funded with funds allocated to the trust
 2207  shall be selected in a competitive process measured against
 2208  criteria adopted in rule by the trust.
 2209         (d) Two percent to the Department of Environmental
 2210  Protection for grants pursuant to s. 375.075.
 2211         (e) One and five-tenths percent to the Department of
 2212  Environmental Protection for the purchase of inholdings and
 2213  additions to state parks and for capital project expenditures as
 2214  described in this section. At a minimum, 1 percent, and no more
 2215  than 10 percent, of the funds allocated pursuant to this
 2216  paragraph shall be spent on capital project expenditures
 2217  identified during the time of acquisition which meet land
 2218  management planning activities necessary for public access. For
 2219  the purposes of this paragraph, “state park” means any real
 2220  property in the state which is under the jurisdiction of the
 2221  Division of Recreation and Parks of the department, or which may
 2222  come under its jurisdiction.
 2223         (f) One and five-tenths percent to the Florida Forest
 2224  Service of the Department of Agriculture and Consumer Services
 2225  to fund the acquisition of state forest inholdings and additions
 2226  pursuant to s. 589.07, the implementation of reforestation plans
 2227  or sustainable forestry management practices, and for capital
 2228  project expenditures as described in this section. At a minimum,
 2229  1 percent, and no more than 10 percent, of the funds allocated
 2230  for the acquisition of inholdings and additions pursuant to this
 2231  paragraph shall be spent on capital project expenditures
 2232  identified during the time of acquisition which meet land
 2233  management planning activities necessary for public access.
 2234         (g) One and five-tenths percent to the Fish and Wildlife
 2235  Conservation Commission to fund the acquisition of inholdings
 2236  and additions to lands managed by the commission which are
 2237  important to the conservation of fish and wildlife and for
 2238  capital project expenditures as described in this section. At a
 2239  minimum, 1 percent, and no more than 10 percent, of the funds
 2240  allocated pursuant to this paragraph shall be spent on capital
 2241  project expenditures identified during the time of acquisition
 2242  which meet land management planning activities necessary for
 2243  public access.
 2244         (h) One and five-tenths percent to the Department of
 2245  Environmental Protection for the Florida Greenways and Trails
 2246  Program, to acquire greenways and trails or greenways and trail
 2247  systems pursuant to chapter 260, including, but not limited to,
 2248  abandoned railroad rights-of-way and the Florida National Scenic
 2249  Trail and for capital project expenditures as described in this
 2250  section. At a minimum, 1 percent, and no more than 10 percent,
 2251  of the funds allocated pursuant to this paragraph shall be spent
 2252  on capital project expenditures identified during the time of
 2253  acquisition which meet land management planning activities
 2254  necessary for public access.
 2255         (i) Three and five-tenths percent to the Department of
 2256  Agriculture and Consumer Services for the acquisition of
 2257  agricultural lands, through perpetual conservation easements and
 2258  other perpetual less-than-fee techniques, which will achieve the
 2259  objectives of Florida Forever and s. 570.71. Rules concerning
 2260  the application, acquisition, and priority ranking process for
 2261  such easements shall be developed pursuant to s. 570.71(10) and
 2262  as provided by this paragraph. The board shall ensure that such
 2263  rules are consistent with the acquisition process provided for
 2264  in s. 259.041. Provisions of the rules developed pursuant to s.
 2265  570.71(10), shall also provide for the following:
 2266         1. An annual priority list shall be developed pursuant to
 2267  s. 570.71(10), submitted to the Acquisition and Restoration
 2268  Council for review, and approved by the board pursuant to s.
 2269  259.04.
 2270         2. Terms of easements and acquisitions proposed pursuant to
 2271  this paragraph shall be approved by the board and shall not be
 2272  delegated by the board to any other entity receiving funds under
 2273  this section.
 2274         3. All acquisitions pursuant to this paragraph shall
 2275  contain a clear statement that they are subject to legislative
 2276  appropriation.
 2277  
 2278  No funds provided under this paragraph shall be expended until
 2279  final adoption of rules by the board pursuant to s. 570.71.
 2280         (j) Two and five-tenths percent to the Department of
 2281  Environmental Protection for the acquisition of land and capital
 2282  project expenditures necessary to implement the Stan Mayfield
 2283  Working Waterfronts Program within the Florida Communities Trust
 2284  pursuant to s. 380.5105.
 2285         (k) It is the intent of the Legislature that cash payments
 2286  or proceeds of Florida Forever bonds distributed under this
 2287  section shall be expended in an efficient and fiscally
 2288  responsible manner. An agency that receives proceeds from
 2289  Florida Forever bonds under this section may not maintain a
 2290  balance of unencumbered funds in its Florida Forever subaccount
 2291  beyond 3 fiscal years from the date of deposit of funds from
 2292  each bond issue. Any funds that have not been expended or
 2293  encumbered after 3 fiscal years from the date of deposit shall
 2294  be distributed by the Legislature at its next regular session
 2295  for use in the Florida Forever program.
 2296         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2297  the agencies that receive the funds shall develop their
 2298  individual acquisition or restoration lists in accordance with
 2299  specific criteria and numeric performance measures developed
 2300  pursuant s. 259.035(4). Proposed additions may be acquired if
 2301  they are identified within the original project boundary, the
 2302  management plan required pursuant to s. 253.034(5), or the
 2303  management prospectus required pursuant to s. 259.032(7)(d) s.
 2304  259.032(9)(d). Proposed additions not meeting the requirements
 2305  of this paragraph shall be submitted to the Acquisition and
 2306  Restoration Council for approval. The council may only approve
 2307  the proposed addition if it meets two or more of the following
 2308  criteria: serves as a link or corridor to other publicly owned
 2309  property; enhances the protection or management of the property;
 2310  would add a desirable resource to the property; would create a
 2311  more manageable boundary configuration; has a high resource
 2312  value that otherwise would be unprotected; or can be acquired at
 2313  less than fair market value.
 2314         (m) Notwithstanding paragraphs (a)-(j) and for the 2014
 2315  2015 fiscal year only:
 2316         1. Five million dollars to the Department of Agriculture
 2317  and Consumer Services for the acquisition of agricultural lands
 2318  through perpetual conservation easements and other perpetual
 2319  less-than-fee techniques, which will achieve the objectives of
 2320  Florida Forever and s. 570.71.
 2321         2. The remaining moneys appropriated from the Florida
 2322  Forever Trust Fund shall be distributed only to the Division of
 2323  State Lands within the Department of Environmental Protection
 2324  for land acquisitions that are less-than-fee interest, for
 2325  partnerships in which the state’s portion of the acquisition
 2326  cost is no more than 50 percent, or for conservation lands
 2327  needed for military buffering or springs or water resources
 2328  protection.
 2329  
 2330  This paragraph expires July 1, 2015.
 2331         (4) Notwithstanding subsection (3) and for the 2014-2015
 2332  fiscal year only, the funds appropriated in section 56 of the
 2333  2014-2015 General Appropriations Act may be provided to water
 2334  management districts for land acquisitions, including less-than
 2335  fee interest, identified by water management districts as being
 2336  needed for water resource protection or ecosystem restoration.
 2337  This subsection expires July 1, 2015.
 2338         (4)(5) It is the intent of the Legislature that projects or
 2339  acquisitions funded pursuant to paragraphs (3)(a) and (b)
 2340  contribute to the achievement of the following goals, which
 2341  shall be evaluated in accordance with specific criteria and
 2342  numeric performance measures developed pursuant s. 259.035(4):
 2343         (a) Enhance the coordination and completion of land
 2344  acquisition projects, as measured by:
 2345         1. The number of acres acquired through the state’s land
 2346  acquisition programs that contribute to the enhancement of
 2347  essential natural resources, ecosystem service parcels, and
 2348  connecting linkage corridors as identified and developed by the
 2349  best available scientific analysis;
 2350         2. The number of acres protected through the use of
 2351  alternatives to fee simple acquisition; or
 2352         3. The number of shared acquisition projects among Florida
 2353  Forever funding partners and partners with other funding
 2354  sources, including local governments and the Federal Government.
 2355         (b) Increase the protection of Florida’s biodiversity at
 2356  the species, natural community, and landscape levels, as
 2357  measured by:
 2358         1. The number of acres acquired of significant strategic
 2359  habitat conservation areas;
 2360         2. The number of acres acquired of highest priority
 2361  conservation areas for Florida’s rarest species;
 2362         3. The number of acres acquired of significant landscapes,
 2363  landscape linkages, and conservation corridors, giving priority
 2364  to completing linkages;
 2365         4. The number of acres acquired of underrepresented native
 2366  ecosystems;
 2367         5. The number of landscape-sized protection areas of at
 2368  least 50,000 acres that exhibit a mosaic of predominantly intact
 2369  or restorable natural communities established through new
 2370  acquisition projects or augmentations to previous projects; or
 2371         6. The percentage increase in the number of occurrences of
 2372  imperiled species on publicly managed conservation areas.
 2373         (c) Protect, restore, and maintain the quality and natural
 2374  functions of land, water, and wetland systems of the state, as
 2375  measured by:
 2376         1. The number of acres of publicly owned land identified as
 2377  needing restoration, enhancement, and management, acres
 2378  undergoing restoration or enhancement, acres with restoration
 2379  activities completed, and acres managed to maintain such
 2380  restored or enhanced conditions; the number of acres which
 2381  represent actual or potential imperiled species habitat; the
 2382  number of acres which are available pursuant to a management
 2383  plan to restore, enhance, repopulate, and manage imperiled
 2384  species habitat; and the number of acres of imperiled species
 2385  habitat managed, restored, enhanced, repopulated, or acquired;
 2386         2. The percentage of water segments that fully meet,
 2387  partially meet, or do not meet their designated uses as reported
 2388  in the Department of Environmental Protection’s State Water
 2389  Quality Assessment 305(b) Report;
 2390         3. The percentage completion of targeted capital
 2391  improvements in surface water improvement and management plans
 2392  created under s. 373.453(2), regional or master stormwater
 2393  management system plans, or other adopted restoration plans;
 2394         4. The number of acres acquired that protect natural
 2395  floodplain functions;
 2396         5. The number of acres acquired that protect surface waters
 2397  of the state;
 2398         6. The number of acres identified for acquisition to
 2399  minimize damage from flooding and the percentage of those acres
 2400  acquired;
 2401         7. The number of acres acquired that protect fragile
 2402  coastal resources;
 2403         8. The number of acres of functional wetland systems
 2404  protected;
 2405         9. The percentage of miles of critically eroding beaches
 2406  contiguous with public lands that are restored or protected from
 2407  further erosion;
 2408         10. The percentage of public lakes and rivers in which
 2409  invasive, nonnative aquatic plants are under maintenance
 2410  control; or
 2411         11. The number of acres of public conservation lands in
 2412  which upland invasive, exotic plants are under maintenance
 2413  control.
 2414         (d) Ensure that sufficient quantities of water are
 2415  available to meet the current and future needs of natural
 2416  systems and the citizens of the state, as measured by:
 2417         1. The number of acres acquired which provide retention and
 2418  storage of surface water in naturally occurring storage areas,
 2419  such as lakes and wetlands, consistent with the maintenance of
 2420  water resources or water supplies and consistent with district
 2421  water supply plans;
 2422         2. The quantity of water made available through the water
 2423  resource development component of a district water supply plan
 2424  for which a water management district is responsible; or
 2425         3. The number of acres acquired of groundwater recharge
 2426  areas critical to springs, sinks, aquifers, other natural
 2427  systems, or water supply.
 2428         (e) Increase natural resource-based public recreational and
 2429  educational opportunities, as measured by:
 2430         1. The number of acres acquired that are available for
 2431  natural resource-based public recreation or education;
 2432         2. The miles of trails that are available for public
 2433  recreation, giving priority to those that provide significant
 2434  connections including those that will assist in completing the
 2435  Florida National Scenic Trail; or
 2436         3. The number of new resource-based recreation facilities,
 2437  by type, made available on public land.
 2438         (f) Preserve significant archaeological or historic sites,
 2439  as measured by:
 2440         1. The increase in the number of and percentage of historic
 2441  and archaeological properties listed in the Florida Master Site
 2442  File or National Register of Historic Places which are protected
 2443  or preserved for public use; or
 2444         2. The increase in the number and percentage of historic
 2445  and archaeological properties that are in state ownership.
 2446         (g) Increase the amount of forestland available for
 2447  sustainable management of natural resources, as measured by:
 2448         1. The number of acres acquired that are available for
 2449  sustainable forest management;
 2450         2. The number of acres of state-owned forestland managed
 2451  for economic return in accordance with current best management
 2452  practices;
 2453         3. The number of acres of forestland acquired that will
 2454  serve to maintain natural groundwater recharge functions; or
 2455         4. The percentage and number of acres identified for
 2456  restoration actually restored by reforestation.
 2457         (h) Increase the amount of open space available in urban
 2458  areas, as measured by:
 2459         1. The percentage of local governments that participate in
 2460  land acquisition programs and acquire open space in urban cores;
 2461  or
 2462         2. The percentage and number of acres of purchases of open
 2463  space within urban service areas.
 2464  
 2465  Florida Forever projects and acquisitions funded pursuant to
 2466  paragraph (3)(c) shall be measured by goals developed by rule by
 2467  the Florida Communities Trust Governing Board created in s.
 2468  380.504.
 2469         (5)(6)(a) All lands acquired pursuant to this section shall
 2470  be managed for multiple-use purposes, where compatible with the
 2471  resource values of and management objectives for such lands. As
 2472  used in this section, “multiple-use” includes, but is not
 2473  limited to, outdoor recreational activities as described in ss.
 2474  253.034 and 259.032(7)(b) 259.032(9)(b), water resource
 2475  development projects, sustainable forestry management, carbon
 2476  sequestration, carbon mitigation, or carbon offsets.
 2477         (b) Upon a decision by the entity in which title to lands
 2478  acquired pursuant to this section has vested, such lands may be
 2479  designated single use as defined in s. 253.034(2)(b).
 2480         (c) For purposes of this section, the Board of Trustees of
 2481  the Internal Improvement Trust Fund shall adopt rules that
 2482  pertain to the use of state lands for carbon sequestration,
 2483  carbon mitigation, or carbon offsets and that provide for
 2484  climate-change-related benefits.
 2485         (6)(7) As provided in this section, a water resource or
 2486  water supply development project may be allowed only if the
 2487  following conditions are met: minimum flows and levels have been
 2488  established for those waters, if any, which may reasonably be
 2489  expected to experience significant harm to water resources as a
 2490  result of the project; the project complies with all applicable
 2491  permitting requirements; and the project is consistent with the
 2492  regional water supply plan, if any, of the water management
 2493  district and with relevant recovery or prevention strategies if
 2494  required pursuant to s. 373.0421(2).
 2495         (7)(8)(a) Beginning no later than July 1, 2001, and every
 2496  year thereafter, the Acquisition and Restoration Council shall
 2497  accept applications from state agencies, local governments,
 2498  nonprofit and for-profit organizations, private land trusts, and
 2499  individuals for project proposals eligible for funding pursuant
 2500  to paragraph (3)(b). The council shall evaluate the proposals
 2501  received pursuant to this subsection to ensure that they meet at
 2502  least one of the criteria under subsection (8) (9).
 2503         (b) Project applications shall contain, at a minimum, the
 2504  following:
 2505         1. A minimum of two numeric performance measures that
 2506  directly relate to the overall goals adopted by the council.
 2507  Each performance measure shall include a baseline measurement,
 2508  which is the current situation; a performance standard which the
 2509  project sponsor anticipates the project will achieve; and the
 2510  performance measurement itself, which should reflect the
 2511  incremental improvements the project accomplishes towards
 2512  achieving the performance standard.
 2513         2. Proof that property owners within any proposed
 2514  acquisition have been notified of their inclusion in the
 2515  proposed project. Any property owner may request the removal of
 2516  such property from further consideration by submitting a request
 2517  to the project sponsor or the Acquisition and Restoration
 2518  Council by certified mail. Upon receiving this request, the
 2519  council shall delete the property from the proposed project;
 2520  however, the board of trustees, at the time it votes to approve
 2521  the proposed project lists pursuant to subsection (15) (16), may
 2522  add the property back on to the project lists if it determines
 2523  by a super majority of its members that such property is
 2524  critical to achieve the purposes of the project.
 2525         (c) The title to lands acquired under this section shall
 2526  vest in the Board of Trustees of the Internal Improvement Trust
 2527  Fund, except that title to lands acquired by a water management
 2528  district shall vest in the name of that district and lands
 2529  acquired by a local government shall vest in the name of the
 2530  purchasing local government.
 2531         (8)(9) The Acquisition and Restoration Council shall
 2532  develop a project list that shall represent those projects
 2533  submitted pursuant to subsection (6) (7).
 2534         (9)(10) The Acquisition and Restoration Council shall
 2535  recommend rules for adoption by the board of trustees to
 2536  competitively evaluate, select, and rank projects eligible for
 2537  Florida Forever funds pursuant to paragraph (3)(b) and for
 2538  additions to the Conservation and Recreation Lands list pursuant
 2539  to ss. 259.032 and 259.101(4). In developing these proposed
 2540  rules, the Acquisition and Restoration Council shall give weight
 2541  to the following criteria:
 2542         (a) The project meets multiple goals described in
 2543  subsection (4).
 2544         (b) The project is part of an ongoing governmental effort
 2545  to restore, protect, or develop land areas or water resources.
 2546         (c) The project enhances or facilitates management of
 2547  properties already under public ownership.
 2548         (d) The project has significant archaeological or historic
 2549  value.
 2550         (e) The project has funding sources that are identified and
 2551  assured through at least the first 2 years of the project.
 2552         (f) The project contributes to the solution of water
 2553  resource problems on a regional basis.
 2554         (g) The project has a significant portion of its land area
 2555  in imminent danger of development, in imminent danger of losing
 2556  its significant natural attributes or recreational open space,
 2557  or in imminent danger of subdivision which would result in
 2558  multiple ownership and make acquisition of the project costly or
 2559  less likely to be accomplished.
 2560         (h) The project implements an element from a plan developed
 2561  by an ecosystem management team.
 2562         (i) The project is one of the components of the Everglades
 2563  restoration effort.
 2564         (j) The project may be purchased at 80 percent of appraised
 2565  value.
 2566         (k) The project may be acquired, in whole or in part, using
 2567  alternatives to fee simple, including but not limited to, tax
 2568  incentives, mitigation funds, or other revenues; the purchase of
 2569  development rights, hunting rights, agricultural or
 2570  silvicultural rights, or mineral rights; or obtaining
 2571  conservation easements or flowage easements.
 2572         (l) The project is a joint acquisition, either among public
 2573  agencies, nonprofit organizations, or private entities, or by a
 2574  public-private partnership.
 2575         (10)(11) The Acquisition and Restoration Council shall give
 2576  increased priority to those projects for which matching funds
 2577  are available and to project elements previously identified on
 2578  an acquisition list pursuant to this section that can be
 2579  acquired at 80 percent or less of appraised value. The council
 2580  shall also give increased priority to those projects where the
 2581  state’s land conservation plans overlap with the military’s need
 2582  to protect lands, water, and habitat to ensure the
 2583  sustainability of military missions including:
 2584         (a) Protecting habitat on nonmilitary land for any species
 2585  found on military land that is designated as threatened or
 2586  endangered, or is a candidate for such designation under the
 2587  Endangered Species Act or any Florida statute;
 2588         (b) Protecting areas underlying low-level military air
 2589  corridors or operating areas; and
 2590         (c) Protecting areas identified as clear zones, accident
 2591  potential zones, and air installation compatible use buffer
 2592  zones delineated by our military partners, and for which federal
 2593  or other funding is available to assist with the project.
 2594         (11)(12) For the purposes of funding projects pursuant to
 2595  paragraph (3)(a), the Secretary of Environmental Protection
 2596  shall ensure that each water management district receives the
 2597  following percentage of funds annually:
 2598         (a) Thirty-five percent to the South Florida Water
 2599  Management District, of which amount $25 million for 2 years
 2600  beginning in fiscal year 2000-2001 shall be transferred by the
 2601  Department of Environmental Protection into the Save Our
 2602  Everglades Trust Fund and shall be used exclusively to implement
 2603  the comprehensive plan under s. 373.470.
 2604         (b) Twenty-five percent to the Southwest Florida Water
 2605  Management District.
 2606         (c) Twenty-five percent to the St. Johns River Water
 2607  Management District.
 2608         (d) Seven and one-half percent to the Suwannee River Water
 2609  Management District.
 2610         (e) Seven and one-half percent to the Northwest Florida
 2611  Water Management District.
 2612         (12)(13) It is the intent of the Legislature that in
 2613  developing the list of projects for funding pursuant to
 2614  paragraph (3)(a), that these funds not be used to abrogate the
 2615  financial responsibility of those point and nonpoint sources
 2616  that have contributed to the degradation of water or land areas.
 2617  Therefore, an increased priority shall be given by the water
 2618  management district governing boards to those projects that have
 2619  secured a cost-sharing agreement allocating responsibility for
 2620  the cleanup of point and nonpoint sources.
 2621         (13)(14) An affirmative vote of five members of the
 2622  Acquisition and Restoration Council shall be required in order
 2623  to place a proposed project on the list developed pursuant to
 2624  subsection (7) (8). Any member of the council who by family or a
 2625  business relationship has a connection with any project proposed
 2626  to be ranked shall declare such interest prior to voting for a
 2627  project’s inclusion on the list.
 2628         (14)(15) Each year that cash disbursements or bonds are to
 2629  be issued pursuant to this section, the Acquisition and
 2630  Restoration Council shall review the most current approved
 2631  project list and shall, by the first board meeting in May,
 2632  present to the Board of Trustees of the Internal Improvement
 2633  Trust Fund for approval a listing of projects developed pursuant
 2634  to subsection (7) (8). The board of trustees may remove projects
 2635  from the list developed pursuant to this subsection, but may not
 2636  add projects or rearrange project rankings.
 2637         (15)(16) The Acquisition and Restoration Council shall
 2638  submit to the board of trustees, with its list of projects, a
 2639  report that includes, but shall not be limited to, the following
 2640  information for each project listed:
 2641         (a) The stated purpose for inclusion.
 2642         (b) Projected costs to achieve the project goals.
 2643         (c) An interim management budget that includes all costs
 2644  associated with immediate public access.
 2645         (d) Specific performance measures.
 2646         (e) Plans for public access.
 2647         (f) An identification of the essential parcel or parcels
 2648  within the project without which the project cannot be properly
 2649  managed.
 2650         (g) Where applicable, an identification of those projects
 2651  or parcels within projects which should be acquired in fee
 2652  simple or in less than fee simple.
 2653         (h) An identification of those lands being purchased for
 2654  conservation purposes.
 2655         (i) A management policy statement for the project and a
 2656  management prospectus pursuant to s. 259.032(7)(d) s.
 2657  259.032(9)(d).
 2658         (j) An estimate of land value based on county tax assessed
 2659  values.
 2660         (k) A map delineating project boundaries.
 2661         (l) An assessment of the project’s ecological value,
 2662  outdoor recreational value, forest resources, wildlife
 2663  resources, ownership pattern, utilization, and location.
 2664         (m) A discussion of whether alternative uses are proposed
 2665  for the property and what those uses are.
 2666         (n) A designation of the management agency or agencies.
 2667         (16)(17) All proposals for projects pursuant to paragraph
 2668  (3)(b) shall be implemented only if adopted by the Acquisition
 2669  and Restoration Council and approved by the board of trustees.
 2670  The council shall consider and evaluate in writing the merits
 2671  and demerits of each project that is proposed for Florida
 2672  Forever funding and each proposed addition to the Conservation
 2673  and Recreation Lands list program. The council shall ensure that
 2674  each proposed project will meet a stated public purpose for the
 2675  restoration, conservation, or preservation of environmentally
 2676  sensitive lands and water areas or for providing outdoor
 2677  recreational opportunities and that each proposed addition to
 2678  the Conservation and Recreation Lands list will meet the public
 2679  purposes under s. 259.032(3) and, when applicable, s.
 2680  259.101(4). The council also shall determine whether the project
 2681  or addition conforms, where applicable, with the comprehensive
 2682  plan developed pursuant to s. 259.04(1)(a), the comprehensive
 2683  multipurpose outdoor recreation plan developed pursuant to s.
 2684  375.021, the state lands management plan adopted pursuant to s.
 2685  253.03(7), the water resources work plans developed pursuant to
 2686  s. 373.199, and the provisions of this section.
 2687         (17)(18) On an annual basis, the Division of State Lands
 2688  shall prepare an annual work plan that prioritizes projects on
 2689  the Florida Forever list and sets forth the funding available in
 2690  the fiscal year for land acquisition. The work plan shall
 2691  consider the following categories of expenditure for land
 2692  conservation projects already selected for the Florida Forever
 2693  list pursuant to subsection (7) (8):
 2694         (a) A critical natural lands category, including functional
 2695  landscape-scale natural systems, intact large hydrological
 2696  systems, lands that have significant imperiled natural
 2697  communities, and corridors linking large landscapes, as
 2698  identified and developed by the best available scientific
 2699  analysis.
 2700         (b) A partnerships or regional incentive category,
 2701  including:
 2702         1. Projects where local and regional cost-share agreements
 2703  provide a lower cost and greater conservation benefit to the
 2704  people of the state. Additional consideration shall be provided
 2705  under this category where parcels are identified as part of a
 2706  local or regional visioning process and are supported by
 2707  scientific analysis; and
 2708         2. Bargain and shared projects where the state will receive
 2709  a significant reduction in price for public ownership of land as
 2710  a result of the removal of development rights or other interests
 2711  in lands or receives alternative or matching funds.
 2712         (c) A substantially complete category of projects where
 2713  mainly inholdings, additions, and linkages between preserved
 2714  areas will be acquired and where 85 percent of the project is
 2715  complete.
 2716         (d) A climate-change category list of lands where
 2717  acquisition or other conservation measures will address the
 2718  challenges of global climate change, such as through protection,
 2719  restoration, mitigation, and strengthening of Florida’s land,
 2720  water, and coastal resources. This category includes lands that
 2721  provide opportunities to sequester carbon, provide habitat,
 2722  protect coastal lands or barrier islands, and otherwise mitigate
 2723  and help adapt to the effects of sea-level rise and meet other
 2724  objectives of the program.
 2725         (e) A less-than-fee category for working agricultural lands
 2726  that significantly contribute to resource protection through
 2727  conservation easements and other less-than-fee techniques, tax
 2728  incentives, life estates, landowner agreements, and other
 2729  partnerships, including conservation easements acquired in
 2730  partnership with federal conservation programs, which will
 2731  achieve the objectives of Florida Forever while allowing the
 2732  continuation of compatible agricultural uses on the land. Terms
 2733  of easements proposed for acquisition under this category shall
 2734  be developed by the Division of State Lands in coordination with
 2735  the Department of Agriculture and Consumer Services.
 2736  
 2737  Projects within each category shall be ranked by order of
 2738  priority. The work plan shall be adopted by the Acquisition and
 2739  Restoration Council after at least one public hearing. A copy of
 2740  the work plan shall be provided to the board of trustees of the
 2741  Internal Improvement Trust Fund no later than October 1 of each
 2742  year.
 2743         (18)(19)(a) The Board of Trustees of the Internal
 2744  Improvement Trust Fund, or, in the case of water management
 2745  district lands, the owning water management district, may
 2746  authorize the granting of a lease, easement, or license for the
 2747  use of certain lands acquired pursuant to this section, for
 2748  certain uses that are determined by the appropriate board to be
 2749  compatible with the resource values of and management objectives
 2750  for such lands.
 2751         (b) Any existing lease, easement, or license acquired for
 2752  incidental public or private use on, under, or across any lands
 2753  acquired pursuant to this section shall be presumed to be
 2754  compatible with the purposes for which such lands were acquired.
 2755         (c) Notwithstanding the provisions of paragraph (a), no
 2756  such lease, easement, or license shall be entered into by the
 2757  Department of Environmental Protection or other appropriate
 2758  state agency if the granting of such lease, easement, or license
 2759  would adversely affect the exclusion of the interest on any
 2760  revenue bonds issued to fund the acquisition of the affected
 2761  lands from gross income for federal income tax purposes,
 2762  pursuant to Internal Revenue Service regulations.
 2763         (19)(20) The Acquisition and Restoration Council shall
 2764  recommend adoption of rules by the board of trustees necessary
 2765  to implement the provisions of this section relating to:
 2766  solicitation, scoring, selecting, and ranking of Florida Forever
 2767  project proposals; disposing of or leasing lands or water areas
 2768  selected for funding through the Florida Forever program; and
 2769  the process of reviewing and recommending for approval or
 2770  rejection the land management plans associated with publicly
 2771  owned properties. Rules promulgated pursuant to this subsection
 2772  shall be submitted to the President of the Senate and the
 2773  Speaker of the House of Representatives, for review by the
 2774  Legislature, no later than 30 days prior to the 2010 Regular
 2775  Session and shall become effective only after legislative
 2776  review. In its review, the Legislature may reject, modify, or
 2777  take no action relative to such rules. The board of trustees
 2778  shall conform such rules to changes made by the Legislature, or,
 2779  if no action was taken by the Legislature, such rules shall
 2780  become effective.
 2781         (20)(21) Lands listed as projects for acquisition under the
 2782  Florida Forever program may be managed for conservation pursuant
 2783  to s. 259.032, on an interim basis by a private party in
 2784  anticipation of a state purchase in accordance with a
 2785  contractual arrangement between the acquiring agency and the
 2786  private party that may include management service contracts,
 2787  leases, cost-share arrangements, or resource conservation
 2788  agreements. Lands designated as eligible under this subsection
 2789  shall be managed to maintain or enhance the resources the state
 2790  is seeking to protect by acquiring the land and to accelerate
 2791  public access to the lands as soon as practicable. Funding for
 2792  these contractual arrangements may originate from the
 2793  documentary stamp tax revenue deposited into the Land
 2794  Acquisition Conservation and Recreation Lands Trust Fund and
 2795  Water Management Lands Trust Fund. No more than $6.2 million may
 2796  be expended from the Land Acquisition Trust Fund 5 percent of
 2797  funds allocated under the trust funds shall be expended for this
 2798  purpose.
 2799         Section 25. Subsections (1) and (3) of section 259.1051,
 2800  Florida Statutes, are amended to read:
 2801         259.1051 Florida Forever Trust Fund.—
 2802         (1) There is created the Florida Forever Trust Fund to
 2803  carry out the purposes of ss. 259.032, 259.105, 259.1052, and
 2804  375.031. The Florida Forever Trust Fund shall be held and
 2805  administered by the Department of Environmental Protection.
 2806  Proceeds from the sale of bonds, except proceeds of refunding
 2807  bonds, issued under s. 215.618 and payable from moneys
 2808  transferred to the Land Acquisition Trust Fund under s.
 2809  201.15(1) s. 201.15(1)(a), not to exceed $5.3 billion, must be
 2810  deposited into this trust fund to be distributed and used as
 2811  provided in s. 259.105(3). The bond resolution adopted by the
 2812  governing board of the Division of Bond Finance of the State
 2813  Board of Administration may provide for additional provisions
 2814  that govern the disbursement of the bond proceeds.
 2815         (3) The Department of Environmental Protection shall ensure
 2816  that the proceeds from the sale of bonds issued under s. 215.618
 2817  and payable from moneys transferred to the Land Acquisition
 2818  Trust Fund under s. 201.15(1) s. 201.15(1)(a) shall be
 2819  administered and expended in a manner that ensures compliance of
 2820  each issue of bonds that are issued on the basis that interest
 2821  thereon will be excluded from gross income for federal income
 2822  tax purposes, with the applicable provisions of the United
 2823  States Internal Revenue Code and the regulations promulgated
 2824  thereunder, to the extent necessary to preserve the exclusion of
 2825  interest on the bonds from gross income for federal income tax
 2826  purposes. The Department of Environmental Protection shall
 2827  administer the use and disbursement of the proceeds of such
 2828  bonds or require that the use and disbursement thereof be
 2829  administered in a manner to implement strategies to maximize any
 2830  available benefits under the applicable provisions of the United
 2831  States Internal Revenue Code or regulations promulgated
 2832  thereunder, to the extent not inconsistent with the purposes
 2833  identified in s. 259.105(3).
 2834         Section 26. Paragraph (a) of subsection (2) of section
 2835  338.250, Florida Statutes, is amended to read:
 2836         338.250 Central Florida Beltway Mitigation.—
 2837         (2) Environmental mitigation required as a result of
 2838  construction of the beltway, or portions thereof, shall be
 2839  satisfied in the following manner:
 2840         (a) For those projects which the Department of
 2841  Transportation is authorized to construct, funds for
 2842  environmental mitigation shall be deposited in the Central
 2843  Florida Beltway Trust Fund created within the department at the
 2844  time bonds for the specific project are sold. If a road building
 2845  authority other than the department is authorized to construct
 2846  the project, funds for environmental mitigation shall be
 2847  deposited in a mitigation fund account established in the
 2848  construction fund for the bond issues. Said account shall be
 2849  established at the time bond proceeds are deposited into the
 2850  construction fund for the specific project. These funds shall be
 2851  provided from bond proceeds, and the use of such funds from bond
 2852  proceeds for mitigation shall be deemed a public purpose. The
 2853  amount to be provided for mitigation for the Eastern Beltway in
 2854  Seminole County shall be up to $4 million, the amount to be
 2855  provided for mitigation for the Western Beltway shall be up to
 2856  $30.5 million, the amount to be provided for mitigation for the
 2857  Southern Connector shall be up to $14.28 million, the amount to
 2858  be provided for mitigation for the Turnpike/Southern Connector
 2859  Interchange shall be up to $1.46 million, and the amount to be
 2860  provided for mitigation for the Southern Connector Extension
 2861  shall be in proportion to the amount provided for the Southern
 2862  Connector based upon the amount of wetlands displaced. To the
 2863  extent allowed by law, the interest on said funds as earned,
 2864  after deposit into the Central Florida Beltway Trust Fund, or in
 2865  a mitigation fund account shall accrue and be paid to the agency
 2866  responsible for the construction of the appropriate project.
 2867  Where feasible, mitigation funds shall be used in coordination
 2868  with funds from the Conservation and Recreation Lands Trust
 2869  Fund, Save Our Rivers Land Acquisition Program, or from other
 2870  appropriate sources.
 2871         Section 27. Paragraph (c) of subsection (8) of section
 2872  373.026, Florida Statutes, is repealed.
 2873         Section 28. Subsection (4) of section 373.089, Florida
 2874  Statutes, is amended to read:
 2875         373.089 Sale or exchange of lands, or interests or rights
 2876  in lands.—The governing board of the district may sell lands, or
 2877  interests or rights in lands, to which the district has acquired
 2878  title or to which it may hereafter acquire title in the
 2879  following manner:
 2880         (4) The governing board of a district may exchange lands,
 2881  or interests or rights in lands, owned by, or lands, or
 2882  interests or rights in lands, for which title is otherwise
 2883  vested in, the district for other lands, or interests or rights
 2884  in lands, within the state owned by any person. The governing
 2885  board shall fix the terms and conditions of any such exchange
 2886  and may pay or receive any sum of money that the board considers
 2887  necessary to equalize the values of exchanged properties. Land,
 2888  or interests or rights in land, acquired under former s. 373.59,
 2889  Florida Statutes 2014, may be exchanged only for lands, or
 2890  interests or rights in lands, that otherwise meet the
 2891  requirements of that section for acquisition.
 2892         Section 29. Paragraph (a) of subsection (5) of section
 2893  373.129, Florida Statutes, is amended to read:
 2894         373.129 Maintenance of actions.—The department, the
 2895  governing board of any water management district, any local
 2896  board, or a local government to which authority has been
 2897  delegated pursuant to s. 373.103(8), is authorized to commence
 2898  and maintain proper and necessary actions and proceedings in any
 2899  court of competent jurisdiction for any of the following
 2900  purposes:
 2901         (5) To recover a civil penalty for each offense in an
 2902  amount not to exceed $10,000 per offense. Each date during which
 2903  such violation occurs constitutes a separate offense.
 2904         (a) A civil penalty recovered by a water management
 2905  district pursuant to this subsection shall be deposited in the
 2906  Water Quality Assurance Management Lands Trust Fund established
 2907  under s. 376.307 s. 373.59 and used exclusively by the water
 2908  management district that deposits the money into the fund. A
 2909  civil penalty recovered by the department pursuant to this
 2910  subsection shall be deposited into the Water Quality Assurance
 2911  Trust Fund established under s. 376.307 Any such civil penalty
 2912  recovered after the expiration of such fund shall be deposited
 2913  in the Ecosystem Management and Restoration Trust Fund and used
 2914  exclusively within the water management district that deposits
 2915  the money into the fund.
 2916         Section 30. Subsection (5) of section 373.1391, Florida
 2917  Statutes, is amended to read:
 2918         373.1391 Management of real property.—
 2919         (5) The following additional uses of lands acquired
 2920  pursuant to the Florida Forever program and other state-funded
 2921  land purchase programs shall be authorized, upon a finding by
 2922  the governing board, if they meet the criteria specified in
 2923  paragraphs (a)-(e): water resource development projects, water
 2924  supply development projects, stormwater management projects,
 2925  linear facilities, and sustainable agriculture and forestry.
 2926  Such additional uses are authorized where:
 2927         (a) Not inconsistent with the management plan for such
 2928  lands;
 2929         (b) Compatible with the natural ecosystem and resource
 2930  values of such lands;
 2931         (c) The proposed use is appropriately located on such lands
 2932  and where due consideration is given to the use of other
 2933  available lands;
 2934         (d) The using entity reasonably compensates the titleholder
 2935  for such use based upon an appropriate measure of value; and
 2936         (e) The use is consistent with the public interest.
 2937  
 2938  A decision by the governing board pursuant to this subsection
 2939  shall be given a presumption of correctness. Moneys received
 2940  from the use of state lands pursuant to this subsection shall be
 2941  returned to the lead managing agency in accordance with the
 2942  provisions of s. 373.59.
 2943         Section 31. Subsection (7) of section 373.199, Florida
 2944  Statutes, is amended to read:
 2945         373.199 Florida Forever Water Management District Work
 2946  Plan.—
 2947         (7) By June 1, 2001, each district shall file with the
 2948  President of the Senate, the Speaker of the House of
 2949  Representatives, and the Secretary of Environmental Protection
 2950  the initial 5-year work plan as required under subsection (2).
 2951  By March 1 of each year thereafter, as part of the consolidated
 2952  annual report required by s. 373.036(7), each district shall
 2953  report on acquisitions completed during the year together with
 2954  modifications or additions to its 5-year work plan. Included in
 2955  the report shall be:
 2956         (a) A description of land management activity for each
 2957  property or project area owned by the water management district.
 2958         (b) A list of any lands surplused and the amount of
 2959  compensation received.
 2960         (c) The progress of funding, staffing, and resource
 2961  management of every project funded pursuant to former s.
 2962  259.101(3), Florida Statutes 2014 s. 259.101, s. 259.105, or
 2963  former s. 373.59(2), Florida Statutes 2014, s. 373.59 for which
 2964  the district is responsible.
 2965  
 2966  The secretary shall submit the report referenced in this
 2967  subsection to the Board of Trustees of the Internal Improvement
 2968  Trust Fund together with the Acquisition and Restoration
 2969  Council’s project list as required under s. 259.105.
 2970         Section 32. Subsection (7) of section 373.430, Florida
 2971  Statutes, is amended to read:
 2972         373.430 Prohibitions, violation, penalty, intent.—
 2973         (7) All moneys recovered under the provisions of this
 2974  section shall be allocated to the use of the water management
 2975  district, the department, or the local government, whichever
 2976  undertook and maintained the enforcement action. All monetary
 2977  penalties and damages recovered by the department or the state
 2978  under the provisions of this section shall be deposited into in
 2979  the Florida Permit Fee Ecosystem Management and Restoration
 2980  Trust Fund. All monetary penalties and damages recovered
 2981  pursuant to this section by a water management district shall be
 2982  deposited into in the Florida Permit Fee Water Management Lands
 2983  Trust Fund established under s. 403.0871 s. 373.59 and used
 2984  exclusively within the territory of the water management
 2985  district which deposits the money into the fund. Any such
 2986  monetary penalties and damages recovered after the expiration of
 2987  such fund shall be deposited in the Ecosystem Management and
 2988  Restoration Trust Fund and used exclusively within the territory
 2989  of the water management district which deposits the money into
 2990  the fund. All monetary penalties and damages recovered pursuant
 2991  to this subsection by a local government to which authority has
 2992  been delegated pursuant to s. 373.103(8) shall be used to
 2993  enhance surface water improvement or pollution control
 2994  activities.
 2995         Section 33. Subsections (3) through (6) of section 373.459,
 2996  Florida Statutes, are amended to read:
 2997         373.459 Funds for surface water improvement and
 2998  management.—
 2999         (3) The Ecosystem Management and Restoration Trust Fund
 3000  shall be used for the deposit of funds appropriated by the
 3001  Legislature for the purposes of ss. 373.451-373.4595. The
 3002  department shall administer all funds appropriated to or
 3003  received for surface water improvement and management
 3004  activities. Expenditure of the moneys shall be limited to the
 3005  costs of detailed planning and plan and program implementation
 3006  for priority surface water bodies. Moneys may from the fund
 3007  shall not be expended for planning for, or construction or
 3008  expansion of, treatment facilities for domestic or industrial
 3009  waste disposal.
 3010         (4) The department shall authorize the release of money
 3011  from the fund in accordance with the provisions of s. 373.501(2)
 3012  and procedures in s. 373.59(4) and (5).
 3013         (5) Moneys in the fund which are not needed to meet current
 3014  obligations incurred under this section shall be transferred to
 3015  the State Board of Administration, to the credit of the trust
 3016  fund, to be invested in the manner provided by law. Interest
 3017  received on such investments shall be credited to the trust
 3018  fund.
 3019         (5)(6) The match requirement of subsection (2) does shall
 3020  not apply to the Suwannee River Water Management District, the
 3021  Northwest Florida Water Management District, or a financially
 3022  disadvantaged small local government as defined in former s.
 3023  403.885(3).
 3024         Section 34. Paragraph (a) of subsection (3) of section
 3025  373.4592, Florida Statutes, is amended to read:
 3026         373.4592 Everglades improvement and management.—
 3027         (3) EVERGLADES LONG-TERM PLAN.—
 3028         (a) The Legislature finds that the Everglades Program
 3029  required by this section establishes more extensive and
 3030  comprehensive requirements for surface water improvement and
 3031  management within the Everglades than the SWIM plan requirements
 3032  provided in ss. 373.451 and 373.453. In order to avoid
 3033  duplicative requirements, and in order to conserve the resources
 3034  available to the district, the SWIM plan requirements of those
 3035  sections shall not apply to the Everglades Protection Area and
 3036  the EAA during the term of the Everglades Program, and the
 3037  district will neither propose, nor take final agency action on,
 3038  any Everglades SWIM plan for those areas until the Everglades
 3039  Program is fully implemented. Funds identified under former s.
 3040  259.101(3)(b), Florida Statutes 2014, may be used for
 3041  acquisition of lands necessary to implement the Everglades
 3042  Construction Project, to the extent these funds are identified
 3043  in the Statement of Principles of July 1993. The district’s
 3044  actions in implementing the Everglades Construction Project
 3045  relating to the responsibilities of the EAA and C-139 Basin for
 3046  funding and water quality compliance in the EAA and the
 3047  Everglades Protection Area shall be governed by this section.
 3048  Other strategies or activities in the March 1992 Everglades SWIM
 3049  plan may be implemented if otherwise authorized by law.
 3050         Section 35. Subsection (4) of section 373.45926, Florida
 3051  Statutes, is amended to read:
 3052         373.45926 Everglades Trust Fund; allocation of revenues and
 3053  expenditure of funds for conservation and protection of natural
 3054  resources and abatement of water pollution.—
 3055         (4) The following funds shall be deposited into the
 3056  Everglades Trust Fund specifically for the implementation of the
 3057  Everglades Forever Act.
 3058         (a) Alligator Alley toll revenues pursuant to s. 338.26(3).
 3059         (b) Everglades agricultural privilege tax revenues pursuant
 3060  to s. 373.4592(6).
 3061         (c) C-139 agricultural privilege tax revenues pursuant to
 3062  s. 373.4592(7).
 3063         (d) Special assessment revenues pursuant to s. 373.4592(8).
 3064         (e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
 3065         (f) Federal funds appropriated by the United States
 3066  Congress for any component of the Everglades Construction
 3067  Project.
 3068         (g) Preservation 2000 funds for acquisition of lands
 3069  necessary for implementation of the Everglades Forever Act as
 3070  prescribed in an annual appropriation.
 3071         (g)(h) Any additional funds specifically appropriated by
 3072  the Legislature for this purpose.
 3073         (h)(i) Gifts designated for implementation of the
 3074  Everglades Forever Act from individuals, corporations, and other
 3075  entities.
 3076         (i)(j) Any additional funds that become available for this
 3077  purpose from any other source.
 3078         Section 36. Paragraph (a) of subsection (6) and paragraph
 3079  (b) of subsection (7) of section 373.470, Florida Statutes, are
 3080  amended to read:
 3081         373.470 Everglades restoration.—
 3082         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
 3083         (a) Except as provided in paragraphs (d) and (e) and for
 3084  funds appropriated for debt service, the department shall
 3085  distribute funds in the Save Our Everglades Trust Fund to the
 3086  district in accordance with a legislative appropriation and s.
 3087  373.026(8)(b) and (c). Distribution of funds to the district
 3088  from the Save Our Everglades Trust Fund shall be equally matched
 3089  by the cumulative contributions from the district by fiscal year
 3090  2019-2020 by providing funding or credits toward project
 3091  components. The dollar value of in-kind project design and
 3092  construction work by the district in furtherance of the
 3093  comprehensive plan and existing interest in public lands needed
 3094  for a project component are credits towards the district’s
 3095  contributions.
 3096         (7) ANNUAL REPORT.—To provide enhanced oversight of and
 3097  accountability for the financial commitments established under
 3098  this section and the progress made in the implementation of the
 3099  comprehensive plan, the following information must be prepared
 3100  annually as part of the consolidated annual report required by
 3101  s. 373.036(7):
 3102         (b) The department shall prepare a detailed report on all
 3103  funds expended by the state and credited toward the state’s
 3104  share of funding for implementation of the comprehensive plan.
 3105  The report shall include:
 3106         1. A description of all expenditures, by source and amount,
 3107  from the Conservation and Recreation Lands Trust Fund, the Land
 3108  Acquisition Trust Fund, the Preservation 2000 Trust Fund, the
 3109  Florida Forever Trust Fund, the Save Our Everglades Trust Fund,
 3110  and other named funds or accounts for the acquisition or
 3111  construction of project components or other features or
 3112  facilities that benefit the comprehensive plan.
 3113         2. A description of the purposes for which the funds were
 3114  expended.
 3115         3. The unencumbered fiscal-year-end balance that remains in
 3116  each trust fund or account identified in subparagraph 1.
 3117  
 3118  The information required in paragraphs (a), (b), and (c) shall
 3119  be provided as part of the consolidated annual report required
 3120  by s. 373.036(7). The initial report is due by November 30,
 3121  2000, and each annual report thereafter is due by March 1.
 3122         Section 37. Subsection (2) of section 373.584, Florida
 3123  Statutes, is amended to read:
 3124         373.584 Revenue bonds.—
 3125         (2) Revenues derived by the district from the Water
 3126  Management Lands Trust Fund as provided in s. 373.59 or any
 3127  other revenues of the district may be pledged to the payment of
 3128  such revenue bonds; however, the ad valorem taxing powers of the
 3129  district may not be pledged to the payment of such revenue bonds
 3130  without prior compliance with the requirements of the State
 3131  Constitution as to the affirmative vote of the electors of the
 3132  district and with the requirements of s. 373.563, and bonds
 3133  payable from the Water Management Lands Trust Fund shall be
 3134  issued solely for the purposes set forth in s. 373.59. Revenue
 3135  bonds and notes shall be, and shall be deemed to be, for all
 3136  purposes, negotiable instruments, subject only to the provisions
 3137  of the revenue bonds and notes for registration. The powers and
 3138  authority of districts to issue revenue bonds, including, but
 3139  not limited to, bonds to finance a stormwater management system
 3140  as defined by s. 373.403, and to enter into contracts incidental
 3141  thereto, and to do all things necessary and desirable in
 3142  connection with the issuance of revenue bonds, shall be
 3143  coextensive with the powers and authority of municipalities to
 3144  issue bonds under state law. The provisions of this section
 3145  constitute full and complete authority for the issuance of
 3146  revenue bonds and shall be liberally construed to effectuate its
 3147  purpose.
 3148         Section 38. Section 373.59, Florida Statutes, is amended to
 3149  read:
 3150         373.59 Payment in lieu of taxes for lands acquired for
 3151  water management district purposes Water Management Lands Trust
 3152  Fund.—
 3153         (1) There is established within the Department of
 3154  Environmental Protection the Water Management Lands Trust Fund
 3155  to be used as a nonlapsing fund for the purposes of this
 3156  section. The moneys in this fund are hereby continually
 3157  appropriated for the purposes of land acquisition, management,
 3158  maintenance, capital improvements of land titled to the
 3159  districts, payments in lieu of taxes, debt service on bonds
 3160  issued prior to July 1, 1999, debt service on bonds issued on or
 3161  after July 1, 1999, which are issued to refund bonds issued
 3162  before July 1, 1999, preacquisition costs associated with land
 3163  purchases, and the department’s costs of administration of the
 3164  fund. No refunding bonds may be issued which mature after the
 3165  final maturity date of the bonds being refunded or which provide
 3166  for higher debt service in any year than is payable on such
 3167  bonds as of February 1, 2009. The department’s costs of
 3168  administration shall be charged proportionally against each
 3169  district’s allocation using the formula provided in subsection
 3170  (8). Capital improvements shall include, but need not be limited
 3171  to, perimeter fencing, signs, firelanes, control of invasive
 3172  exotic species, controlled burning, habitat inventory and
 3173  restoration, law enforcement, access roads and trails, and
 3174  minimal public accommodations, such as primitive campsites,
 3175  garbage receptacles, and toilets. The moneys in the fund may
 3176  also be appropriated to supplement operational expenditures at
 3177  the Northwest Florida Water Management District and the Suwannee
 3178  River Water Management District, with such appropriations
 3179  allocated prior to the allocations set out in subsection (8) to
 3180  the five water management districts.
 3181         (2) Until the Preservation 2000 Program is concluded, each
 3182  district shall file with the Legislature and the Secretary of
 3183  Environmental Protection a report of acquisition activity, by
 3184  January 15 of each year, together with modifications or
 3185  additions to its 5-year plan of acquisition. Included in the
 3186  report shall be an identification of those lands which require a
 3187  full fee simple interest to achieve water management goals and
 3188  those lands which can be acquired using alternatives to fee
 3189  simple acquisition techniques and still achieve such goals. In
 3190  their evaluation of which lands would be appropriate for
 3191  acquisition through alternatives to fee simple, district staff
 3192  shall consider criteria including, but not limited to,
 3193  acquisition costs, the net present value of future land
 3194  management costs, the net present value of ad valorem revenue
 3195  loss to the local government, and the potential for revenue
 3196  generated from activities compatible with acquisition
 3197  objectives. The report shall also include a description of land
 3198  management activity. However, no acquisition of lands shall
 3199  occur without a public hearing similar to those held pursuant to
 3200  the provisions set forth in s. 120.54. In the annual update of
 3201  its 5-year plan for acquisition, each district shall identify
 3202  lands needed to protect or recharge groundwater and shall
 3203  establish a plan for their acquisition as necessary to protect
 3204  potable water supplies. Lands which serve to protect or recharge
 3205  groundwater identified pursuant to this paragraph shall also
 3206  serve to protect other valuable natural resources or provide
 3207  space for natural resource based recreation. Once all
 3208  Preservation 2000 funds allocated to the water management
 3209  districts have been expended or committed, this subsection shall
 3210  be repealed.
 3211         (3) Each district shall remove the property of an unwilling
 3212  seller from its plan of acquisition at the next scheduled update
 3213  of the plan, if in receipt of a request to do so by the property
 3214  owner. This subsection shall be repealed at the conclusion of
 3215  the Preservation 2000 program.
 3216         (4) The Secretary of Environmental Protection shall release
 3217  moneys from the Water Management Lands Trust Fund to a district
 3218  for preacquisition costs within 30 days after receipt of a
 3219  resolution adopted by the district’s governing board which
 3220  identifies and justifies any such preacquisition costs necessary
 3221  for the purchase of any lands listed in the district’s 5-year
 3222  plan. The district shall return to the department any funds not
 3223  used for the purposes stated in the resolution, and the
 3224  department shall deposit the unused funds into the Water
 3225  Management Lands Trust Fund.
 3226         (5) The Secretary of Environmental Protection shall release
 3227  to the districts moneys for management, maintenance, and capital
 3228  improvements following receipt of a resolution and request
 3229  adopted by the governing board which specifies the designated
 3230  managing agency, specific management activities, public use,
 3231  estimated annual operating costs, and other acceptable
 3232  documentation to justify release of moneys.
 3233         (6) If a district issues revenue bonds or notes under s.
 3234  373.584 prior to July 1, 1999, the district may pledge its share
 3235  of the moneys in the Water Management Lands Trust Fund as
 3236  security for such bonds or notes. The Department of
 3237  Environmental Protection shall pay moneys from the trust fund to
 3238  a district or its designee sufficient to pay the debt service,
 3239  as it becomes due, on the outstanding bonds and notes of the
 3240  district; however, such payments shall not exceed the district’s
 3241  cumulative portion of the trust fund. However, any moneys
 3242  remaining after payment of the amount due on the debt service
 3243  shall be released to the district pursuant to subsection (5).
 3244         (7) Any unused portion of a district’s share of the fund
 3245  shall accumulate in the trust fund to the credit of that
 3246  district. Interest earned on such portion shall also accumulate
 3247  to the credit of that district to be used for management,
 3248  maintenance, and capital improvements as provided in this
 3249  section. The total moneys over the life of the fund available to
 3250  any district under this section shall not be reduced except by
 3251  resolution of the district governing board stating that the need
 3252  for the moneys no longer exists. Any water management district
 3253  with fund balances in the Water Management Lands Trust Fund as
 3254  of March 1, 1999, may expend those funds for land acquisitions
 3255  pursuant to s. 373.139, or for the purpose specified in this
 3256  subsection.
 3257         (8) Moneys from the Water Management Lands Trust Fund shall
 3258  be allocated as follows:
 3259         (a) Beginning with the 2009-2010 fiscal year, thirty
 3260  percent shall be used first to pay debt service on bonds issued
 3261  before February 1, 2009, by the South Florida Water Management
 3262  District which are secured by revenues provided by this section
 3263  or to fund debt service reserve funds, rebate obligations, or
 3264  other amounts payable with respect to such bonds, then to
 3265  transfer $3,000,000 to the credit of the General Revenue Fund in
 3266  each fiscal year, and lastly to distribute the remainder to the
 3267  South Florida Water Management District.
 3268         (b) Beginning with the 2009-2010 fiscal year, twenty-five
 3269  percent shall be used first to transfer $2,500,000 to the credit
 3270  of the General Revenue Fund in each fiscal year and then to
 3271  distribute the remainder to the Southwest Florida Water
 3272  Management District.
 3273         (c) Beginning with the 2009-2010 fiscal year, twenty-five
 3274  percent shall be used first to pay debt service on bonds issued
 3275  before February 1, 2009, by the St. Johns River Water Management
 3276  District which are secured by revenues provided by this section
 3277  or to fund debt service reserve funds, rebate obligations, or
 3278  other amounts payable with respect to such bonds, then to
 3279  transfer $2,500,000 to the credit of the General Revenue Fund in
 3280  each fiscal year, and to distribute the remainder to the St.
 3281  Johns River Water Management District.
 3282         (d) Ten percent to the Suwannee River Water Management
 3283  District.
 3284         (e) Ten percent to the Northwest Florida Water Management
 3285  District.
 3286         (9) Moneys in the fund not needed to meet current
 3287  obligations incurred under this section shall be transferred to
 3288  the State Board of Administration, to the credit of the fund, to
 3289  be invested in the manner provided by law. Interest received on
 3290  such investments shall be credited to the fund.
 3291         (10)(a)Beginning July 1, 1999, not more than one-fourth of
 3292  the Funds provided for in subsections (1) and (8) in any year
 3293  shall be reserved annually by a governing board, during the
 3294  development of its annual operating budget, for payments in lieu
 3295  of taxes for all actual ad valorem tax losses incurred as a
 3296  result of all governing board acquisitions for water management
 3297  district purposes. Reserved funds not used for payments in lieu
 3298  of taxes in any year shall revert to the Water Management Lands
 3299  Trust Fund to be used in accordance with the provisions of this
 3300  section.
 3301         (2)(b) Payment in lieu of taxes shall be available:
 3302         (a)1. To all counties that have a population of 150,000 or
 3303  fewer. Population levels shall be determined pursuant to s.
 3304  186.901. The population estimates published April 1 and used in
 3305  the revenue-sharing formula pursuant to s. 186.901 shall be used
 3306  to determine eligibility under this subsection and shall apply
 3307  to payments made for the subsequent fiscal year.
 3308         (b)2. To all local governments located in eligible counties
 3309  and whose lands are bought and taken off the tax rolls.
 3310  
 3311  For properties acquired after January 1, 2000, in the event that
 3312  such properties otherwise eligible for payment in lieu of taxes
 3313  under this subsection are leased or reserved and remain subject
 3314  to ad valorem taxes, payments in lieu of taxes shall commence or
 3315  recommence upon the expiration or termination of the lease or
 3316  reservation. If the lease is terminated for only a portion of
 3317  the lands at any time, the annual payments shall be made for
 3318  that portion only commencing the year after such termination,
 3319  without limiting the requirement that annual payments shall be
 3320  made on the remaining portion or portions of the land as the
 3321  lease on each expires. For the purposes of this subsection,
 3322  “local government” includes municipalities and the county school
 3323  board.
 3324         (3)(c) If sufficient funds are unavailable in any year to
 3325  make full payments to all qualifying counties and local
 3326  governments, such counties and local governments shall receive a
 3327  pro rata share of the moneys available.
 3328         (4)(d) The payment amount shall be based on the average
 3329  amount of actual ad valorem taxes paid on the property for the 3
 3330  years preceding acquisition. Applications for payment in lieu of
 3331  taxes shall be made no later than May 31 of the year for which
 3332  payment is sought. No payment in lieu of taxes shall be made for
 3333  properties which were exempt from ad valorem taxation for the
 3334  year immediately preceding acquisition.
 3335         (5)(e) If property that was subject to ad valorem taxation
 3336  was acquired by a tax-exempt entity for ultimate conveyance to
 3337  the state under this chapter, payment in lieu of taxes shall be
 3338  made for such property based upon the average amount of ad
 3339  valorem taxes paid on the property for the 3 years prior to its
 3340  being removed from the tax rolls. The water management districts
 3341  shall certify to the Department of Revenue those properties that
 3342  may be eligible under this provision. Once eligibility has been
 3343  established, that governmental entity shall receive annual
 3344  payments for each tax loss until the qualifying governmental
 3345  entity exceeds the population threshold pursuant to subsection
 3346  (2) paragraph (b).
 3347         (6)(f) Payment in lieu of taxes pursuant to this subsection
 3348  shall be made annually to qualifying counties and local
 3349  governments after certification by the Department of Revenue
 3350  that the amounts applied for are reasonably appropriate, based
 3351  on the amount of actual ad valorem taxes paid on the eligible
 3352  property, and after the water management districts have provided
 3353  supporting documents to the Chief Financial Officer and have
 3354  requested that payment be made in accordance with the
 3355  requirements of this section. With the assistance of the local
 3356  government requesting payment in lieu of taxes, the water
 3357  management district that acquired the land is responsible for
 3358  preparing and submitting application requests for payment to the
 3359  Department of Revenue for certification.
 3360         (7)(g) If a water management district conveys to a county
 3361  or local government title to any land owned by the district, any
 3362  payments in lieu of taxes on the land made to the county or
 3363  local government shall be discontinued as of the date of the
 3364  conveyance.
 3365         (11) Notwithstanding any provision of this section to the
 3366  contrary, the governing board of a water management district may
 3367  request, and the Secretary of Environmental Protection shall
 3368  release upon such request, moneys allocated to the districts
 3369  pursuant to subsection (8) for purposes consistent with the
 3370  provisions of s. 373.709, s. 373.705, s. 373.139, or ss.
 3371  373.451-373.4595 and for legislatively authorized land
 3372  acquisition and water restoration initiatives. No funds may be
 3373  used pursuant to this subsection until necessary debt service
 3374  obligations, requirements for payments in lieu of taxes, and
 3375  land management obligations that may be required by this chapter
 3376  are provided for.
 3377         (12) Notwithstanding subsection (8), and for the 2014-2015
 3378  fiscal year only, the moneys from the Water Management Lands
 3379  Trust Fund are allocated as follows:
 3380         (a) An amount necessary to pay debt service on bonds issued
 3381  before February 1, 2009, by the South Florida Water Management
 3382  District and the St. Johns River Water Management District,
 3383  which are secured by revenues provided pursuant to this section,
 3384  or to fund debt service reserve funds, rebate obligations, or
 3385  other amounts payable with respect to such bonds.
 3386         (b) Eight million dollars to be transferred to the General
 3387  Revenue Fund.
 3388         (c) Seven million seven hundred thousand dollars to be
 3389  transferred to the Save Our Everglades Trust Fund to support
 3390  Everglades restoration projects included in the final report of
 3391  the Select Committee on Indian River Lagoon and Lake Okeechobee
 3392  Basin, dated November 8, 2013.
 3393         (d) Any remaining funds to be provided in accordance with
 3394  the General Appropriations Act.
 3395  
 3396  This subsection expires July 1, 2015.
 3397         Section 39. Section 373.5905, Florida Statutes, is amended
 3398  to read:
 3399         373.5905 Reinstatement of payments in lieu of taxes;
 3400  duration.—If a water management district has made a payment in
 3401  lieu of taxes to a governmental entity and subsequently
 3402  suspended such payment, beginning July 1, 2009, the water
 3403  management district shall reinstate appropriate payments and
 3404  continue the payments for as long as the county population
 3405  remains below the population threshold pursuant to s.
 3406  373.59(2)(a) s. 373.59(10)(b). This section does not authorize
 3407  or provide for payments in arrears.
 3408         Section 40. Subsection (8) of section 373.703, Florida
 3409  Statutes, is amended to read:
 3410         373.703 Water production; general powers and duties.—In the
 3411  performance of, and in conjunction with, its other powers and
 3412  duties, the governing board of a water management district
 3413  existing pursuant to this chapter:
 3414         (8) In addition to the power to issue revenue bonds
 3415  pursuant to s. 373.584, may issue revenue bonds for the purposes
 3416  of paying the costs and expenses incurred in carrying out the
 3417  purposes of this chapter or refunding obligations of the
 3418  district issued pursuant to this section. Such revenue bonds
 3419  shall be secured by, and be payable from, revenues derived from
 3420  the operation, lease, or use of its water production and
 3421  transmission facilities and other water-related facilities and
 3422  from the sale of water or services relating thereto. Such
 3423  revenue bonds may not be secured by, or be payable from, moneys
 3424  derived by the district from the Water Management Lands Trust
 3425  Fund or from ad valorem taxes received by the district or from
 3426  moneys appropriated by the Legislature, unless otherwise
 3427  specifically authorized by law. All provisions of s. 373.584
 3428  relating to the issuance of revenue bonds which are not
 3429  inconsistent with this section shall apply to the issuance of
 3430  revenue bonds pursuant to this section. The district may also
 3431  issue bond anticipation notes in accordance with the provisions
 3432  of s. 373.584.
 3433         Section 41. Subsection (8) of section 375.031, Florida
 3434  Statutes, is amended to read:
 3435         375.031 Acquisition of land; procedures.—
 3436         (8) The department may, if it deems it desirable and in the
 3437  best interest of the program, request the board of trustees to
 3438  sell or otherwise dispose of any lands or water storage areas
 3439  acquired under this act. The board of trustees, when so
 3440  requested, shall offer the lands or water storage areas, on such
 3441  terms as the department may determine, first to other state
 3442  agencies and then, if still available, to the county or
 3443  municipality in which the lands or water storage areas lie. If
 3444  not acquired by another state agency or local governmental body
 3445  for beneficial public purposes, the lands or water storage areas
 3446  shall then be offered by the board of trustees at public sale,
 3447  after first giving notice of such sale by publication in a
 3448  newspaper published in the county or counties in which such
 3449  lands or water storage areas lie not less than once a week for 3
 3450  consecutive weeks. All proceeds from the sale or disposition of
 3451  any lands or water storage areas pursuant to this section shall
 3452  be deposited into the appropriate trust fund pursuant to s.
 3453  253.034(6)(k), (l), or (m) in the Land Acquisition Trust Fund.
 3454         Section 42. Section 375.041, Florida Statutes, is amended
 3455  to read:
 3456         375.041 Land Acquisition Trust Fund.—
 3457         (1) There is created a Land Acquisition Trust Fund within
 3458  the Department of Environmental Protection. The Land Acquisition
 3459  Trust Fund is designated by s. 28, Art. X of the State
 3460  Constitution for receipt of certain documentary stamp tax
 3461  revenue for the uses prescribed therein to facilitate and
 3462  expedite the acquisition of land, water areas, and related
 3463  resources required to accomplish the purposes of this act. The
 3464  Land Acquisition Trust Fund shall be held and administered by
 3465  the department. All moneys and revenue from the operation,
 3466  management, sale, lease, or other disposition of land, water
 3467  areas, or related resources acquired on or after July 1, 2015,
 3468  under the Florida Forever Program, and the facilities thereon
 3469  acquired or constructed under this act shall be deposited into
 3470  in or credited to the Land Acquisition Trust Fund or, if
 3471  required by bond covenants, into the trust fund from which the
 3472  lands were purchased. Moneys accruing to any agency for the
 3473  purposes enumerated in this act may be deposited in this fund.
 3474  There shall also be deposited into the Land Acquisition Trust
 3475  Fund other moneys as authorized by appropriate act of the
 3476  Legislature. All moneys so deposited into the Land Acquisition
 3477  Trust Fund shall be trust funds for the uses and purposes herein
 3478  set forth, within the meaning of s. 215.32(1)(b); and such
 3479  moneys shall not become or be commingled with the General
 3480  Revenue Fund of the state, as defined by s. 215.32(1)(a).
 3481         (2) Funds distributed into The moneys on deposit in the
 3482  Land Acquisition Trust Fund pursuant to s. 201.15(1) shall be
 3483  first applied first to:
 3484         (a) Pay debt service or to fund debt service reserve funds,
 3485  rebate obligations, or other amounts payable with respect to
 3486  Florida Forever bonds issued under s. 215.63; pay into the State
 3487  Treasury to the credit of the Save Our Everglades Trust Fund
 3488  amounts necessary to pay debt service, provide reserves, and pay
 3489  rebate obligations and other amounts due with respect to bonds
 3490  issued under s. 215.619; and pay debt service or funding of debt
 3491  service reserve funds, rebate obligations, or other amounts
 3492  payable with respect to the bonds issued under s. 373.584;
 3493         (b) Pay debt service on bonds issued before February 1,
 3494  2009, by the South Florida Water Management District and the St.
 3495  Johns River Water Management District which are secured by
 3496  revenues provided pursuant to former s. 373.59, Florida Statutes
 3497  2014, or to fund debt service reserve funds, rebate obligations,
 3498  or other amounts payable with respect to such bonds. This
 3499  paragraph expires August 1, 2016; and
 3500         (c) Distribute $32 million to the South Florida Water
 3501  Management District for the Long-Term Plan as defined in s.
 3502  373.4592(2). This paragraph expires July 1, 2024 pay the rentals
 3503  due under lease-purchase agreements or to meet debt service
 3504  requirements of revenue bonds issued pursuant to s. 375.051;
 3505  provided, however, that debt service on Save Our Coast bonds
 3506  shall not be paid from moneys transferred to the Land
 3507  Acquisition Trust Fund pursuant to s. 259.032(2)(b).
 3508         (3)(a) Any remaining moneys in the Land Acquisition Trust
 3509  Fund which are not distributed pledged for rentals or debt
 3510  service as provided in subsection (2) may be expended from time
 3511  to time for the purposes set forth in s. 28, Art. X of the State
 3512  Constitution to acquire land, water areas, and related resources
 3513  and to construct, improve, enlarge, extend, operate, and
 3514  maintain capital improvements and facilities in accordance with
 3515  the plan. Moneys accruing to other agencies for the purposes
 3516  designated in subsection (1) shall be transferred pursuant to
 3517  nonoperating budget authority under s. 216.181(12). Agencies
 3518  shall maintain the integrity of such transferred moneys. Any
 3519  transferred moneys available from reversions or reductions of
 3520  budget authority in the other agencies shall be transferred back
 3521  to the Land Acquisition Trust Fund in the Department of
 3522  Environmental Protection within 15 days after such reversion or
 3523  reduction and must be available for future appropriation
 3524  pursuant to s. 28, Art. X of the State Constitution.
 3525         (b) In addition to the uses allowed under paragraph (a),
 3526  for the 2014-2015 fiscal year, moneys in the Land Acquisition
 3527  Trust Fund may be transferred to support the Total Maximum Daily
 3528  Loads Program as provided in the General Appropriations Act.
 3529  This paragraph expires July 1, 2015.
 3530         (c) For the 2014-2015 fiscal year only, moneys in the Land
 3531  Acquisition Trust Fund may be transferred to the Save Our
 3532  Everglades Trust Fund to support Everglades restoration projects
 3533  included in the final report of the Select Committee on Indian
 3534  River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,
 3535  and to the Florida Forever Trust Fund for the Florida Forever
 3536  program pursuant to nonoperating budget authority under s.
 3537  216.181(12). This paragraph expires July 1, 2015.
 3538         (4) The department may disburse moneys in the Land
 3539  Acquisition Trust Fund to pay all necessary expenses to carry
 3540  out the purposes of this act. The department shall disburse
 3541  moneys from the Land Acquisition Trust Fund to the Fish and
 3542  Wildlife Conservation Commission for the purpose of funding law
 3543  enforcement services on state lands.
 3544         (4)(5) When the Legislature has authorized the Department
 3545  of Environmental Protection to condemn a specific parcel of land
 3546  and such parcel already has been approved for acquisition
 3547  through the fund, the land may be acquired in accordance with
 3548  the provisions of chapter 73 or chapter 74, and the fund may be
 3549  used to pay the condemnation award and all costs, including a
 3550  reasonable attorney attorney’s fee, associated with
 3551  condemnation.
 3552         Section 43. Subsection (2) of section 375.044, Florida
 3553  Statutes, is amended to read:
 3554         375.044 Land Acquisition Trust Fund budget request.—
 3555         (2) The legislative budget request shall be submitted to
 3556  the Executive Office of the Governor and the Legislature in
 3557  conjunction with the provisions of ss. 216.023, 216.031, and
 3558  216.043. The 10-year request shall include, but need shall not
 3559  be limited to:
 3560         (a) A 10-year annual cash-flow analysis of the Land
 3561  Acquisition Trust Fund.
 3562         (b) The requested schedule of the agency for issuance of
 3563  Save Our Coasts bonds.
 3564         (b)(c) Forecasts of anticipated revenues to the Land
 3565  Acquisition Trust Fund.
 3566         (c)(d) The estimate of the agency of Land Acquisition Trust
 3567  Fund encumbrances and commitments for each year and the
 3568  corresponding estimates of expenditures.
 3569         Section 44. Section 375.045, Florida Statutes, is repealed.
 3570         Section 45. Subsection (1) and paragraph (c) of subsection
 3571  (2) of section 375.075, Florida Statutes, are amended to read:
 3572         375.075 Outdoor recreation; financial assistance to local
 3573  governments.—
 3574         (1) The Department of Environmental Protection is
 3575  authorized to establish the Florida Recreation Development
 3576  Assistance Program to provide grants subject to legislative
 3577  appropriation to qualified local governmental entities to
 3578  acquire or develop land for public outdoor recreation purposes.
 3579  To the extent not needed for debt service on bonds issued
 3580  pursuant to s. 375.051, each year the department shall develop
 3581  and plan a program which shall be based upon funding of not less
 3582  than 5 percent of the money credited to the Land Acquisition
 3583  Trust Fund pursuant to s. 201.15(2) and (3) in that year. The
 3584  department shall develop and plan a program that must which
 3585  shall be based upon the cumulative total funding appropriated by
 3586  the Legislature for such purpose provided from this section and
 3587  from the Florida Forever Trust Fund pursuant to s.
 3588  259.105(3)(d).
 3589         (2)
 3590         (c) Funds may not be released under No release of funds
 3591  from the Land Acquisition Trust Fund, or from the Florida
 3592  Forever Trust Fund beginning in fiscal year 2001-2002, for this
 3593  program may be made for these public recreation projects until
 3594  the projects have been selected through the competitive
 3595  selection process provided for in this section.
 3596         Section 46. Section 376.11, Florida Statutes, is amended to
 3597  read:
 3598         376.11 Florida Coastal Protection Trust Fund.—
 3599         (1) The purpose of this section is to provide a mechanism
 3600  to have financial resources immediately available for prevention
 3601  of, and cleanup and rehabilitation after, a pollutant discharge,
 3602  to prevent further damage by the pollutant, and to pay for
 3603  damages. It is the legislative intent that this section be
 3604  liberally construed to effect the purposes set forth, such
 3605  interpretation being especially imperative in light of the
 3606  danger to the environment and resources.
 3607         (2) The Florida Coastal Protection Trust Fund is
 3608  established, to be used by the department and the Fish and
 3609  Wildlife Conservation Commission as a nonlapsing revolving fund
 3610  for carrying out the purposes of ss. 376.011-376.21.
 3611         (3)The following funds shall be deposited into the Florida
 3612  Coastal Protection Trust Fund: To this fund shall be credited
 3613         (a) All registration fees, penalties, judgments, damages
 3614  recovered pursuant to s. 376.121, other fees and charges related
 3615  to ss. 376.011-376.21, and the excise tax revenues levied,
 3616  collected, and credited pursuant to ss. 206.9935(1) and
 3617  206.9945(1)(a);
 3618         (b) Proceeds of fines and awards of damages pursuant to s.
 3619  161.054; and
 3620         (c) Funds from other sources otherwise specified by law.
 3621         (4) Charges against the fund shall be in accordance with
 3622  this section.
 3623         (5)(3) Moneys in the fund that are not needed currently to
 3624  meet the obligations of the department in the exercise of its
 3625  responsibilities under ss. 376.011-376.21 shall be deposited
 3626  with the Chief Financial Officer to the credit of the fund and
 3627  may be invested in such manner as is provided for by statute.
 3628  Interest received on such investment shall be credited to the
 3629  fund, except as otherwise specified herein.
 3630         (6)(4) Moneys in the Florida Coastal Protection Trust Fund
 3631  may shall be used disbursed for the following purposes and no
 3632  others:
 3633         (a) Carrying out the purposes of ss. 376.011-376.21.
 3634         (b)(a) Administrative expenses, personnel expenses, and
 3635  equipment costs of the department and the Fish and Wildlife
 3636  Conservation Commission related to the enforcement of ss.
 3637  376.011-376.21.
 3638         (c)(b) All costs involved in the prevention and abatement
 3639  of pollution related to the discharge of pollutants covered by
 3640  ss. 376.011-376.21 and the abatement of other potential
 3641  pollution hazards as authorized herein.
 3642         (d)(c) All costs and expenses of the cleanup, restoration,
 3643  and rehabilitation of waterfowl, wildlife, and all other natural
 3644  resources damaged by the discharge of pollutants, including the
 3645  costs of assessing and recovering damages to natural resources,
 3646  whether performed or authorized by the department or any other
 3647  state or local agency.
 3648         (e)(d) All provable costs and damages which are the
 3649  proximate results of the discharge of pollutants covered by ss.
 3650  376.011-376.21.
 3651         (f)(e) Loans to the Inland Protection Trust Fund created in
 3652  s. 376.3071.
 3653         (g)(f) The interest earned from investments of the balance
 3654  in the Florida Coastal Protection Trust Fund shall be used for
 3655  funding the administrative expenses, personnel expenses, and
 3656  equipment costs of the department relating to the enforcement of
 3657  ss. 376.011-376.21.
 3658         (h)(g) The funding of a grant program to local governments,
 3659  pursuant to s. 376.15(3)(d) and (e), for the removal of derelict
 3660  vessels from the public waters of the state.
 3661         (i)(h) The department may spend up to $1 million per year
 3662  from the principal of the fund to acquire, design, train, and
 3663  maintain emergency cleanup response teams and equipment located
 3664  at appropriate ports throughout the state for the purpose of
 3665  cleaning oil and other toxic materials from coastal waters. When
 3666  the teams and equipment are not needed for these purposes they
 3667  may be used for any other valid purpose of the department.
 3668         (j)(i) To provide a temporary transfer of funds in an
 3669  amount not to exceed $10 million to the Minerals Trust Fund as
 3670  set forth in s. 376.40.
 3671         (k)(j) Funding for marine law enforcement.
 3672         (7)(5) Any interest in lands acquired using moneys in the
 3673  Florida Coastal Protection Trust Fund shall be held by the
 3674  Trustees of the Internal Improvement Trust Fund, and such lands
 3675  shall be acquired pursuant to the procedures set forth in s.
 3676  253.025.
 3677         (8)(6) The department shall recover to the use of the fund
 3678  from the person or persons causing the discharge or from the
 3679  Federal Government, jointly and severally, all sums owed or
 3680  expended from the fund, pursuant to s. 376.123(10), except that
 3681  recoveries resulting from damage due to a discharge of a
 3682  pollutant or other similar disaster shall be apportioned between
 3683  the Florida Coastal Protection Trust Fund and the General
 3684  Revenue Fund so as to repay the full costs to the General
 3685  Revenue Fund of any sums disbursed therefrom as a result of such
 3686  disaster. Requests for reimbursement to the fund for the above
 3687  costs, if not paid within 30 days of demand, shall be turned
 3688  over to the Department of Legal Affairs for collection.
 3689         Section 47. Subsection (8) of section 376.123, Florida
 3690  Statutes, is amended to read:
 3691         376.123 Claims against the Florida Coastal Protection Trust
 3692  Fund.—
 3693         (8) If a person chooses to make a claim against the fund
 3694  and accepts payment from, or a judgment against, the fund, then
 3695  the department shall be subrogated to any cause of action that
 3696  the claimant may have had, to the extent of such payment or
 3697  judgment, and shall diligently pursue recovery on that cause of
 3698  action pursuant to subsection (10) and s. 376.11(8) s.
 3699  376.11(6). In any such action, the amount of damages shall be
 3700  proved by the department by submitting to the court a written
 3701  report of the amounts paid or owed from the fund to claimants.
 3702  Such written report shall be admissible as evidence, and the
 3703  amounts paid from or owed by the fund to the claimants stated
 3704  therein shall be irrebuttably presumed to be the amount of
 3705  damages.
 3706         Section 48. Paragraphs (g) through (l) are added to
 3707  subsection (1) of section 376.307, Florida Statutes, subsection
 3708  (4) of that section is amended, and subsection (8) is added to
 3709  that section, to read:
 3710         376.307 Water Quality Assurance Trust Fund.—
 3711         (1) The Water Quality Assurance Trust Fund is intended to
 3712  serve as a broad-based fund for use in responding to incidents
 3713  of contamination that pose a serious danger to the quality of
 3714  groundwater and surface water resources or otherwise pose a
 3715  serious danger to the public health, safety, or welfare. Moneys
 3716  in this fund may be used:
 3717         (g) For detailed planning for and implementation of
 3718  programs for the management and restoration of ecosystems.
 3719         (h)For development and implementation of surface water
 3720  improvement and management plans and programs under ss. 373.451
 3721  373.4595.
 3722         (i) For activities to restore polluted areas of the state,
 3723  as defined by the department, to their condition before
 3724  pollution occurred or to otherwise enhance pollution control
 3725  activities.
 3726         (j)For activities undertaken by the department to recover
 3727  moneys as a result of actions against a person for a violation
 3728  of chapter 373.
 3729         (k)Funding activities described in s. 403.086(9) which are
 3730  authorized for implementation under the Leah Schad Memorial
 3731  Ocean Outfall Program.
 3732         (l) Funding activities to restore or rehabilitate injured
 3733  or destroyed coral reefs.
 3734         (4) The trust fund shall be funded as follows:
 3735         (a) An annual transfer of interest funds from the Florida
 3736  Coastal Protection Trust Fund pursuant to s. 376.11(6)(g) s.
 3737  376.11(4)(f).
 3738         (b) All excise taxes levied, collected, and credited to the
 3739  Water Quality Assurance Trust Fund in accordance with the
 3740  provisions of ss. 206.9935(2) and 206.9945(1)(b).
 3741         (c) All penalties, judgments, recoveries, reimbursements,
 3742  and other fees and charges related to the enforcement of ss.
 3743  376.30-376.317, other than penalties, judgments, and other fees
 3744  and charges related to the enforcement of ss. 376.3071 and
 3745  376.3073.
 3746         (d) The fee on the retail sale of lead-acid batteries
 3747  credited to the Water Quality Assurance Trust Fund under s.
 3748  403.7185.
 3749         (e) All penalties, judgments, recoveries, reimbursements,
 3750  loans, and other fees and charges collected under s. 376.3078;
 3751  tax revenues levied, collected, and credited under ss. 376.70
 3752  and 376.75; and registration fees collected under s.
 3753  376.303(1)(d).
 3754         (f) All civil penalties recovered pursuant to s.
 3755  373.129(5)(a).
 3756         (g) Funds appropriated by the Legislature for the purposes
 3757  of ss. 373.451-373.4598.
 3758         (h) Moneys collected pursuant to s. 403.121 and designated
 3759  for deposit into the Water Quality Assurance Trust Fund.
 3760         (i) Moneys recovered by the state as a result of actions
 3761  against a person for a violation of chapter 373 or chapter 403
 3762  initiated by the department.
 3763         (j) Damages recovered for coral reef protection pursuant to
 3764  s. 403.93345.
 3765         (k) Funds available for the Leah Schad Memorial Ocean
 3766  Outfall Program pursuant to s. 403.08601.
 3767         (l)Funds received by the state for injury to or
 3768  destruction of coral reefs, which moneys would otherwise be
 3769  deposited into the General Revenue Fund or the Internal
 3770  Improvement Trust Fund. The department may enter into settlement
 3771  agreements that require responsible parties to pay a third party
 3772  to fund projects related to the restoration of a coral reef, to
 3773  accomplish mitigation for injury to a coral reef, or to support
 3774  the activities of law enforcement agencies related to coral reef
 3775  injury response, investigation, and assessment. Participation of
 3776  a law enforcement agency in the receipt of funds through this
 3777  mechanism shall be at the law enforcement agency’s discretion.
 3778         (m) Moneys from sources otherwise specified by law.
 3779         (8) A settlement entered into by the department may not
 3780  limit the Legislature’s authority to appropriate moneys from the
 3781  trust fund; however, the department may enter into a settlement
 3782  in which the department agrees to request that moneys received
 3783  pursuant to the settlement will be included in its legislative
 3784  budget request for purposes set out in the settlement; and
 3785  further, the department may enter into a settlement in cases
 3786  involving joint enforcement with the Hillsborough County
 3787  pollution control program, as a program approved by the
 3788  department pursuant to s. 403.182, in which the department
 3789  agrees that moneys are to be deposited into that local program’s
 3790  pollution recovery fund and used for projects directed toward
 3791  addressing the environmental damage that was the cause of action
 3792  for which funds were received.
 3793         Section 49. Subsection (4) of section 376.40, Florida
 3794  Statutes, is amended to read:
 3795         376.40 Petroleum exploration and production; purposes;
 3796  funding.—
 3797         (4) FUNDING.—There shall be deposited in the Minerals Trust
 3798  Fund:
 3799         (a) All fees charged permittees under ss. 377.24(1),
 3800  377.2408(1), and 377.2425(1)(b).
 3801         (b) All penalties, judgments, recoveries, reimbursements,
 3802  and other fees and charges related to the implementation of this
 3803  section.
 3804         (c) Any other funds required to be deposited in the trust
 3805  fund under provisions of law.
 3806  
 3807  If moneys on deposit in the trust fund are not sufficient to
 3808  satisfy the needed remedial or corrective action, and if the
 3809  responsible party does not take remedial and corrective action
 3810  in a timely manner or if a catastrophic event occurs, a
 3811  temporary transfer of the required amount, or a maximum of $10
 3812  million, from the Florida Coastal Protection Trust Fund pursuant
 3813  to s. 376.11(6)(j) s. 376.11(4)(i) is authorized. The Florida
 3814  Coastal Protection Trust Fund shall be reimbursed immediately
 3815  upon deposit into the Minerals Trust Fund of moneys referred to
 3816  in paragraph (b).
 3817         Section 50. Section 379.202, Florida Statutes, is repealed.
 3818         Section 51. Subsection (2) of section 379.206, Florida
 3819  Statutes, is amended to read:
 3820         379.206 Grants and Donations Trust Fund.—
 3821         (2) The fund is established for use as a depository for
 3822  funds to be used for allowable grant and donor agreement
 3823  activities funded by restricted contractual revenue. Moneys to
 3824  be credited to the trust fund shall consist of grants and
 3825  donations from private and public nonfederal sources,
 3826  development-of-regional-impact wildlife mitigation
 3827  contributions, interest earnings, and cash advances from other
 3828  trust funds.
 3829         Section 52. Section 379.212, Florida Statutes, is amended
 3830  to read:
 3831         379.212 Land Acquisition Trust Fund.—
 3832         (1)(a) There is established within the Fish and Wildlife
 3833  Conservation Commission the Land Acquisition Trust Fund to
 3834  implement s. 28, Art. X of the State Constitution for the
 3835  purpose of acquiring, assisting other agencies or local
 3836  governments in acquiring, or managing lands important to the
 3837  conservation of fish and wildlife.
 3838         (b) The Fish and Wildlife Conservation Commission or its
 3839  designee shall manage such lands for the primary purpose of
 3840  maintaining and enhancing their habitat value for fish and
 3841  wildlife. Other uses may be allowed that are not contrary to
 3842  this purpose.
 3843         (c) If Where acquisition pursuant to this section will
 3844  result in state ownership of land, title shall be vested in the
 3845  Board of Trustees of the Internal Improvement Trust Fund as
 3846  required in chapter 253. Land acquisition pursuant to this
 3847  section shall be voluntary, negotiated acquisition and, if where
 3848  title is to be vested in the Board of Trustees of the Internal
 3849  Improvement Trust Fund, is subject to the acquisition procedures
 3850  of s. 253.025.
 3851         (d) Acquisition costs shall include purchase prices and
 3852  costs and fees associated with title work, surveys, and
 3853  appraisals required to complete an acquisition.
 3854         (2) The fund may be credited with funds transferred from
 3855  the Land Acquisition Trust Fund within the Department of
 3856  Environmental Protection as provided in s. 375.041 Moneys which
 3857  may be deposited into the Land Acquisition Trust Fund for the
 3858  purposes of this section may include, but not be limited to,
 3859  donations, grants, development-of-regional-impact wildlife
 3860  mitigation contributions, or legislative appropriations.
 3861  Preservation 2000 acquisition moneys and Conservation and
 3862  Recreation Lands management moneys shall not be deposited into
 3863  this fund.
 3864         (3) The Fish and Wildlife Conservation Commission shall
 3865  maintain the integrity of such moneys transferred from the
 3866  Department of Environmental Protection. Any transferred moneys
 3867  available from reversions and reductions in budget authority
 3868  shall be transferred back to the Land Acquisition Trust Fund in
 3869  the Department of Environmental Protection within 15 days after
 3870  such reversion or reduction and must be available for future
 3871  appropriation pursuant to s. 28, Art. X of the State
 3872  Constitution.
 3873         Section 53. Subsection (3) of section 379.362, Florida
 3874  Statutes, is amended to read:
 3875         379.362 Wholesale and retail saltwater products dealers;
 3876  regulation.—
 3877         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
 3878  Department of Agriculture and Consumer Services shall use or
 3879  distribute funds appropriated from the Land Acquisition Trust
 3880  Fund within the department paid into the State Treasury to the
 3881  credit of the General Inspection Trust Fund pursuant to s.
 3882  201.15, less reasonable costs of administration, to fund the
 3883  following oyster management and restoration programs in
 3884  Apalachicola Bay and other oyster harvest areas in the state:
 3885         (a) The relaying and transplanting of live oysters.
 3886         (b) Shell planting to construct or rehabilitate oyster
 3887  bars.
 3888         (c) Education programs for licensed oyster harvesters on
 3889  oyster biology, aquaculture, boating and water safety,
 3890  sanitation, resource conservation, small business management,
 3891  and other relevant subjects.
 3892         (d) Research directed toward the enhancement of oyster
 3893  production in the bay and the water management needs of the bay.
 3894         Section 54. Subsection (12) of section 380.0666, Florida
 3895  Statutes, is amended to read:
 3896         380.0666 Powers of land authority.—The land authority shall
 3897  have all the powers necessary or convenient to carry out and
 3898  effectuate the purposes and provisions of this act, including
 3899  the following powers, which are in addition to all other powers
 3900  granted by other provisions of this act:
 3901         (12) To identify parcels of land within the area or areas
 3902  of critical state concern that would be appropriate acquisitions
 3903  by the state from the Conservation and Recreational Lands Trust
 3904  Fund and recommend such acquisitions to the advisory council
 3905  established pursuant to s. 259.035 or its successor.
 3906         Section 55. Section 380.0677, Florida Statutes, is
 3907  repealed.
 3908         Section 56. Subsection (11) of section 380.507, Florida
 3909  Statutes, is amended to read:
 3910         380.507 Powers of the trust.—The trust shall have all the
 3911  powers necessary or convenient to carry out the purposes and
 3912  provisions of this part, including:
 3913         (11) To make rules necessary to carry out the purposes of
 3914  this part and to exercise any power granted in this part,
 3915  pursuant to the provisions of chapter 120. The trust shall adopt
 3916  rules governing the acquisition of lands with using proceeds
 3917  from the Preservation 2000 Trust Fund and the Florida Forever
 3918  Trust Fund, consistent with the intent expressed in the Florida
 3919  Forever Act. Such rules for land acquisition must include, but
 3920  are not limited to, procedures for appraisals and
 3921  confidentiality consistent with ss. 125.355(1)(a) and (b) and
 3922  166.045(1)(a) and (b), a method of determining a maximum
 3923  purchase price, and procedures to assure that the land is
 3924  acquired in a voluntarily negotiated transaction, surveyed,
 3925  conveyed with marketable title, and examined for hazardous
 3926  materials contamination. Land acquisition procedures of a local
 3927  land authority created pursuant to s. 380.0663 or s. 380.0677
 3928  may be used for the land acquisition programs described in
 3929  former s. by ss. 259.101(3)(c), Florida Statutes 2014, and in s.
 3930  259.105 if within areas of critical state concern designated
 3931  pursuant to s. 380.05, subject to approval of the trust.
 3932         Section 57. Subsection (4) of section 380.508, Florida
 3933  Statutes, is amended to read:
 3934         380.508 Projects; development, review, and approval.—
 3935         (4) Projects or activities which the trust undertakes,
 3936  coordinates, or funds in any manner shall comply with the
 3937  following guidelines:
 3938         (a) The purpose of redevelopment projects shall be to
 3939  restore areas which are adversely affected by scattered
 3940  ownership, poor lot layout, inadequate park and open space,
 3941  incompatible land uses, or other conditions which endanger the
 3942  environment or impede orderly development. Grants and loans
 3943  awarded for redevelopment projects shall be used for assembling
 3944  parcels of land within redevelopment project areas for the
 3945  redesign of such areas and for the installation of public
 3946  improvements required to serve such areas. After redesign and
 3947  installation of public improvements, if any, lands in
 3948  redevelopment projects, with the exception of lands acquired for
 3949  public purposes, shall be conveyed to any person for development
 3950  in accordance with a redevelopment project plan approved
 3951  according to this part.
 3952         (b) The purpose of resource enhancement projects shall be
 3953  to enhance natural resources which, because of indiscriminate
 3954  dredging or filling, improper location of improvements, natural
 3955  or human-induced events, or incompatible land uses, have
 3956  suffered loss of natural and scenic values. Grants and loans
 3957  awarded for resource enhancement projects shall be used for the
 3958  assembly of parcels of land to improve resource management, for
 3959  relocation of improperly located or designed improvements, and
 3960  for other corrective measures which will enhance the natural and
 3961  scenic character of project areas.
 3962         (c) The purpose of public access projects shall be to
 3963  acquire interests in and initially develop lands which are
 3964  suitable for and which will be used for public accessways to
 3965  surface waters. The trust shall identify local governments and
 3966  nonprofit organizations which will accept responsibility for
 3967  maintenance and liability for public accessways which are
 3968  located outside the state park system. The trust may lease any
 3969  public access site developed under this part to a local
 3970  government or nonprofit organization, provided that the
 3971  conditions of the lease guarantee public use of the site. The
 3972  trust may accept, from any local government or nonprofit
 3973  organization, fees collected for providing public access to
 3974  surface waters. The trust shall expend any such funds it accepts
 3975  only for acquisition, development, and maintenance of such
 3976  public accessways. To the maximum extent possible, the trust
 3977  shall expend such fees in the general area where they are
 3978  collected or in areas where public access to surface waters is
 3979  clearly deficient. The trust may transfer funds, including such
 3980  fees, to a local government or nonprofit organization to acquire
 3981  public access sites. In developing or coordinating public access
 3982  projects, the trust shall ensure that project plans involving
 3983  beach access are consistent with state laws governing beach
 3984  access.
 3985         (d) The purpose of urban waterfront restoration projects
 3986  shall be to restore deteriorated or deteriorating urban
 3987  waterfronts for public use and enjoyment. Urban waterfront
 3988  restoration projects shall include public access sites.
 3989         (e) The purpose of working waterfront projects shall be to
 3990  restore and preserve working waterfronts as provided in s.
 3991  380.5105.
 3992         (f) The trust shall cooperate with local governments, state
 3993  agencies, federal agencies, and nonprofit organizations in
 3994  ensuring the reservation of lands for parks, recreation, fish
 3995  and wildlife habitat, historical preservation, or scientific
 3996  study. If In the event that any local government, state agency,
 3997  federal agency, or nonprofit organization is unable, due to
 3998  limited financial resources or other circumstances of a
 3999  temporary nature, to acquire a site for the purposes described
 4000  in this paragraph, the trust may acquire and hold the site for
 4001  subsequent conveyance to the appropriate governmental agency or
 4002  nonprofit organization. The trust may provide such technical
 4003  assistance as is required to aid local governments, state and
 4004  federal agencies, and nonprofit organizations in completing
 4005  acquisition and related functions. The trust may shall not
 4006  reserve lands acquired in accordance with this paragraph for
 4007  more than 5 years from the time of acquisition. A local
 4008  government, federal or state agency, or nonprofit organization
 4009  may acquire the land at any time during this period for public
 4010  purposes. The purchase price shall be based upon the trust’s
 4011  cost of acquisition, plus administrative and management costs in
 4012  reserving the land. The payment of the this purchase price shall
 4013  be by money, trust-approved property of an equivalent value, or
 4014  a combination of money and trust-approved property. If, after
 4015  the 5-year period, the trust has not sold to a governmental
 4016  agency or nonprofit organization land acquired for site
 4017  reservation, the trust shall dispose of such land at fair market
 4018  value or shall trade it for other land of comparable value which
 4019  will serve to accomplish the purposes of this part. Any proceeds
 4020  from the sale of such land shall be deposited into in the
 4021  appropriate Florida Communities trust fund pursuant to s.
 4022  253.034(6)(k), (l), or (m). All moneys and revenue from the
 4023  operation, management, lease, or other disposition of land,
 4024  water areas, related resources, and the facilities thereon
 4025  acquired or constructed under this part shall be credited to or
 4026  deposited into the Internal Improvement Trust Fund.
 4027  
 4028  Project costs may include costs of providing parks, open space,
 4029  public access sites, scenic easements, and other areas and
 4030  facilities serving the public where such features are part of a
 4031  project plan approved according to this part. In undertaking or
 4032  coordinating projects or activities authorized by this part, the
 4033  trust shall, when appropriate, use and promote the use of
 4034  creative land acquisition methods, including the acquisition of
 4035  less than fee interest through, among other methods,
 4036  conservation easements, transfer of development rights, leases,
 4037  and leaseback arrangements. The trust also shall assist local
 4038  governments in the use of sound alternative methods of financing
 4039  for funding projects and activities authorized under by this
 4040  part. Any funds over and above eligible project costs, which
 4041  remain after completion of a project approved according to this
 4042  part, shall be transmitted to the state and deposited into in
 4043  the Florida Forever Florida Communities Trust Fund.
 4044         Section 58. Paragraph (f) of subsection (3) and subsections
 4045  (5) and (7) of section 380.510, Florida Statutes, are amended to
 4046  read:
 4047         380.510 Conditions of grants and loans.—
 4048         (3) In the case of a grant or loan for land acquisition,
 4049  agreements shall provide all of the following:
 4050         (f) The term of any grant using funds received from the
 4051  Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
 4052  shall be for a period not to exceed 24 months. The governing
 4053  board of the trust may offer a grant with a shorter term and may
 4054  extend a grant beyond 24 months when the grant recipient
 4055  demonstrates that significant progress is being made toward
 4056  closing the project or that extenuating circumstances warrant an
 4057  extension of time. If a local government project which was
 4058  awarded a grant is not closed within 24 months and the governing
 4059  board of the trust does not grant an extension, the grant
 4060  reverts to the trust’s unencumbered balance of Preservation 2000
 4061  funds to be redistributed to other eligible projects. The local
 4062  government may reapply for a grant to fund the project in the
 4063  trust’s next application cycle.
 4064  
 4065  Any deed or other instrument of conveyance whereby a nonprofit
 4066  organization or local government acquires real property under
 4067  this section shall set forth the interest of the state. The
 4068  trust shall keep at least one copy of any such instrument and
 4069  shall provide at least one copy to the Board of Trustees of the
 4070  Internal Improvement Trust Fund.
 4071         (5) Any funds the trust collects from a nonprofit
 4072  organization or local government under a grant or loan agreement
 4073  shall be deposited into in the Internal Improvement Florida
 4074  Communities Trust Fund within the Department of Environmental
 4075  Protection.
 4076         (7) Any funds received by the trust from the Preservation
 4077  2000 Trust Fund pursuant to s. 259.105(3)(c) or s. 375.041 s.
 4078  259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.
 4079  259.105(3)(c) shall be held separate and apart from any other
 4080  funds held by the trust and shall be used for the land
 4081  acquisition purposes of this part. In addition to the other
 4082  conditions set forth in this section, the disbursement of
 4083  Preservation 2000 and Florida Forever funds from the trust shall
 4084  be subject to the following conditions:
 4085         (a) The administration and use of Florida Forever any funds
 4086  are received by the trust from the Preservation 2000 Trust Fund
 4087  and the Florida Forever Trust Fund shall be subject to such
 4088  terms and conditions imposed thereon by the agency of the state
 4089  responsible for the bonds, the proceeds of which are deposited
 4090  into in the Preservation 2000 Trust Fund and the Florida Forever
 4091  Trust Fund, including restrictions imposed to ensure that the
 4092  interest on any such bonds issued by the state as tax-exempt
 4093  bonds is will not be included in the gross income of the holders
 4094  of such bonds for federal income tax purposes.
 4095         (b) All deeds or leases with respect to any real property
 4096  acquired with funds received by the trust from the Preservation
 4097  2000 Trust Fund, the Florida Forever Trust Fund, or the Land
 4098  Acquisition Trust Fund must shall contain such covenants and
 4099  restrictions as are sufficient to ensure that the use of such
 4100  real property at all times complies with s. 375.051 and s. 9,
 4101  Art. XII of the State Constitution. Each deed All deeds or lease
 4102  leases with respect to any real property acquired with funds
 4103  received by the trust from the Florida Forever Trust Fund before
 4104  July 1, 2015, must shall contain such covenants and restrictions
 4105  as are sufficient to ensure that the use of such real property
 4106  at all times complies with s. 11(e), Art. VII of the State
 4107  Constitution. Each deed or lease with respect to any real
 4108  property acquired with funds received by the trust from the
 4109  Florida Forever Trust Fund after July 1, 2015, must contain
 4110  covenants and restrictions sufficient to ensure that the use of
 4111  such real property at all times complies with s. 28, Art. X of
 4112  the State Constitution. Each deed or lease must shall contain a
 4113  reversion, conveyance, or termination clause that vests will
 4114  vest title in the Board of Trustees of the Internal Improvement
 4115  Trust Fund if any of the covenants or restrictions are violated
 4116  by the titleholder or leaseholder or by some third party with
 4117  the knowledge of the titleholder or leaseholder.
 4118         Section 59. Section 380.511, Florida Statutes, is repealed.
 4119         Section 60. Subsection (2) of section 403.0615, Florida
 4120  Statutes, is amended to read:
 4121         403.0615 Water resources restoration and preservation.—
 4122         (2) Subject to specific legislative appropriation, the
 4123  department shall establish a program to assist in the
 4124  restoration and preservation of bodies of water and to enhance
 4125  existing public access when deemed necessary for the enhancement
 4126  of the restoration effort. This program shall be funded from the
 4127  General Revenue Fund, from funds available from the Ecosystem
 4128  Management and Restoration Trust Fund, and from available
 4129  federal moneys.
 4130         Section 61. Section 403.08601, Florida Statutes, is amended
 4131  to read:
 4132         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 4133  Legislature declares that as funds become available the state
 4134  may assist the local governments and agencies responsible for
 4135  implementing the Leah Schad Memorial Ocean Outfall Program
 4136  pursuant to s. 403.086(9). Funds received from other sources
 4137  provided for in law, the General Appropriations Act, from gifts
 4138  designated for implementation of the plan from individuals,
 4139  corporations, or other entities, or federal funds appropriated
 4140  by Congress for implementation of the plan, may be deposited
 4141  into an account of the Water Quality Assurance Ecosystem
 4142  Management and Restoration Trust Fund created pursuant to s.
 4143  403.1651.
 4144         Section 62. Subsection (11) of section 403.121, Florida
 4145  Statutes, is amended to read:
 4146         403.121 Enforcement; procedure; remedies.—The department
 4147  shall have the following judicial and administrative remedies
 4148  available to it for violations of this chapter, as specified in
 4149  s. 403.161(1).
 4150         (11) Penalties collected pursuant to this section shall be
 4151  deposited into in the Water Quality Assurance Ecosystem
 4152  Management and Restoration Trust Fund or other trust fund
 4153  designated by statute and shall be used to fund the restoration
 4154  of ecosystems, or polluted areas of the state, as defined by the
 4155  department, to their condition before pollution occurred. The
 4156  Florida Conflict Resolution Consortium may use a portion of the
 4157  fund to administer the mediation process provided in paragraph
 4158  (2)(e) and to contract with private mediators for administrative
 4159  penalty cases.
 4160         Section 63. Section 403.1651, Florida Statutes, is
 4161  repealed.
 4162         Section 64. Subsection (1) of section 403.885, Florida
 4163  Statutes, is amended to read:
 4164         403.885 Water Projects Grant Program.—
 4165         (1) The Department of Environmental Protection shall
 4166  administer a grant program to use funds transferred pursuant to
 4167  s. 212.20 to the Ecosystem Management and Restoration Trust Fund
 4168  or other moneys as appropriated by the Legislature for water
 4169  quality improvement, stormwater management, wastewater
 4170  management, and water restoration and other water projects as
 4171  specifically appropriated by the Legislature. Eligible
 4172  recipients of such grants include counties, municipalities,
 4173  water management districts, and special districts that have
 4174  legal responsibilities for water quality improvement, water
 4175  management, stormwater management, wastewater management, lake
 4176  and river water restoration projects, and drinking water
 4177  projects pursuant to this section.
 4178         Section 65. Section 403.8911, Florida Statutes, is
 4179  repealed.
 4180         Section 66. Subsection (6) of section 403.9325, Florida
 4181  Statutes, is amended to read:
 4182         403.9325 Definitions.—For the purposes of ss. 403.9321
 4183  403.9333, the term:
 4184         (6) “Public lands set aside for conservation or
 4185  preservation” means:
 4186         (a) Lands and interests acquired with funds deposited into
 4187  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 4188  the State Constitution;
 4189         (b)(a) Conservation and recreation lands under chapter 259;
 4190         (c)(b) State and national parks;
 4191         (d)(c) State and national reserves and preserves, except as
 4192  provided in s. 403.9326(3);
 4193         (e)(d) State and national wilderness areas;
 4194         (f)(e) National wildlife refuges (only those lands under
 4195  Federal Government ownership);
 4196         (g)(f) Lands acquired through the former Water Management
 4197  Lands Trust Fund, Save Our Rivers Program;
 4198         (h)(g) Lands acquired under the Save Our Coast program;
 4199         (i)(h) Lands acquired under the environmentally endangered
 4200  lands bond program;
 4201         (j)(i) Public lands designated as conservation or
 4202  preservation under a local government comprehensive plan;
 4203         (k)(j) Lands purchased by a water management district, the
 4204  Fish and Wildlife Conservation Commission, or any other state
 4205  agency for conservation or preservation purposes;
 4206         (l)(k) Public lands encumbered by a conservation easement
 4207  that does not provide for the trimming of mangroves; and
 4208         (m)(l) Public lands designated as critical wildlife areas
 4209  by the Fish and Wildlife Conservation Commission.
 4210         Section 67. Paragraph (f) of subsection (3) and subsection
 4211  (11) of section 403.93345, Florida Statutes, are amended to
 4212  read:
 4213         403.93345 Coral reef protection.—
 4214         (3) As used in this section, the term:
 4215         (f) “Fund” means the Water Quality Assurance Ecosystem
 4216  Management and Restoration Trust Fund.
 4217         (11) All damages recovered by or on behalf of this state
 4218  for injury to, or destruction of, the coral reefs of the state
 4219  that would otherwise be deposited in the general revenue
 4220  accounts of the State Treasury or in the Internal Improvement
 4221  Trust Fund shall be deposited into in the Water Quality
 4222  Assurance Ecosystem Management and Restoration Trust Fund in the
 4223  department and shall remain in such account until expended by
 4224  the department for the purposes of this section. Moneys in the
 4225  fund received from damages recovered for injury to, or
 4226  destruction of, coral reefs must be expended only for the
 4227  following purposes:
 4228         (a) To provide funds to the department for reasonable costs
 4229  incurred in obtaining payment of the damages for injury to, or
 4230  destruction of, coral reefs, including administrative costs and
 4231  costs of experts and consultants. Such funds may be provided in
 4232  advance of recovery of damages.
 4233         (b) To pay for restoration or rehabilitation of the injured
 4234  or destroyed coral reefs or other natural resources by a state
 4235  agency or through a contract to any qualified person.
 4236         (c) To pay for alternative projects selected by the
 4237  department. Any such project shall be selected on the basis of
 4238  its anticipated benefits to the residents of this state who used
 4239  the injured or destroyed coral reefs or other natural resources
 4240  or will benefit from the alternative project.
 4241         (d) All claims for trust fund reimbursements under
 4242  paragraph (a) must be made within 90 days after payment of
 4243  damages is made to the state.
 4244         (e) Each private recipient of fund disbursements shall be
 4245  required to agree in advance that its accounts and records of
 4246  expenditures of such moneys are subject to audit at any time by
 4247  appropriate state officials and to submit a final written report
 4248  describing such expenditures within 90 days after the funds have
 4249  been expended.
 4250         (f) When payments are made to a state agency from the fund
 4251  for expenses compensable under this subsection, such
 4252  expenditures shall be considered as being for extraordinary
 4253  expenses, and no agency appropriation shall be reduced by any
 4254  amount as a result of such reimbursement.
 4255         Section 68. Section 570.207, Florida Statutes, is repealed.
 4256         Section 69. Subsection (2) of section 570.321, Florida
 4257  Statutes, is amended to read:
 4258         570.321 Plant Industry Trust Fund.—
 4259         (2) Funds to be credited to and uses of the trust fund
 4260  shall be administered in accordance with ss. 259.032, 581.031,
 4261  581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
 4262  593.117.
 4263         Section 70. Subsection (12) of section 570.71, Florida
 4264  Statutes, is amended to read:
 4265         570.71 Conservation easements and agreements.—
 4266         (12) The department may use appropriated funds from the
 4267  following sources to implement this section:
 4268         (a) State funds;
 4269         (b) Federal funds;
 4270         (c) Other governmental entities;
 4271         (d) Nongovernmental organizations; or
 4272         (e) Private individuals.
 4273  
 4274  Any such funds provided, other than from the Land Acquisition
 4275  Trust Fund, shall be deposited into the Incidental Conservation
 4276  and Recreation Lands Program Trust Fund within the Department of
 4277  Agriculture and Consumer Services and used for the purposes of
 4278  this section, including administrative and operating expenses
 4279  related to appraisals, mapping, title process, personnel, and
 4280  other real estate expenses.
 4281         Section 71. Paragraph (c) of subsection (1) of section
 4282  895.09, Florida Statutes, is amended to read:
 4283         895.09 Disposition of funds obtained through forfeiture
 4284  proceedings.—
 4285         (1) A court entering a judgment of forfeiture in a
 4286  proceeding brought pursuant to s. 895.05 shall retain
 4287  jurisdiction to direct the distribution of any cash or of any
 4288  cash proceeds realized from the forfeiture and disposition of
 4289  the property. The court shall direct the distribution of the
 4290  funds in the following order of priority:
 4291         (c) Any claim by the Board of Trustees of the Internal
 4292  Improvement Trust Fund on behalf of the Internal Improvement
 4293  Trust Fund or the Land Acquisition trust fund used pursuant to
 4294  s. 253.03(12), not including administrative costs of the
 4295  Department of Environmental Protection previously paid directly
 4296  from the Internal Improvement Trust Fund in accordance with
 4297  legislative appropriation.
 4298         Section 72. Paragraph (c) of subsection (1) of s. 260.015,
 4299  Florida Statutes, is reenacted for the purpose of incorporating
 4300  the amendment made by this act to s. 259.035, Florida Statutes,
 4301  in a reference thereto.
 4302         Section 73. Paragraph (b) of subsection (3) of s. 258.015,
 4303  Florida Statutes, is reenacted for the purpose of incorporating
 4304  the amendment made by this act to s. 375.041, Florida Statutes,
 4305  in a reference thereto.
 4306         Section 74. Subsection (2) of s. 287.0595, Florida
 4307  Statutes, is reenacted for the purpose of incorporating the
 4308  amendment made by this act to s. 376.307, Florida Statutes, in a
 4309  reference thereto.
 4310         Section 75. This act shall take effect July 1, 2015.