ENROLLED
       2015 Legislature                        SB 2516-A, 1st Engrossed
       
       
       
       
       
       
                                                            20152516Aer
    1  
    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 those trust funds;
    9         requiring all outstanding debts or obligations of the
   10         terminated trust funds to be paid as required;
   11         requiring the Chief Financial Officer to close out and
   12         remove the terminated trust funds from the various
   13         state accounting systems; amending s. 17.61, F.S.;
   14         requiring moneys in any land acquisition trust fund
   15         created or designated to receive funds under s. 28,
   16         Article X of the State Constitution to be retained in
   17         those trust funds; repealing s. 161.05301, F.S.,
   18         relating to beach erosion control project staffing;
   19         amending s. 161.054, F.S.; redirecting certain
   20         proceeds from the Ecosystem Management and Restoration
   21         Trust Fund to the Florida Coastal Protection Trust
   22         Fund; amending s. 161.091, F.S.; authorizing
   23         disbursements from the Land Acquisition Trust Fund for
   24         beach management; amending s. 201.0205, F.S.;
   25         conforming provisions to changes made by the act;
   26         amending s. 201.15, F.S.; revising and deleting
   27         distributions of the documentary stamp tax; providing
   28         that specified distributions to the Land Acquisition
   29         Trust Fund are not subject to the service charge under
   30         s. 215.20, F.S.; revising the purposes for which
   31         distributions may be used; amending s. 211.3103, F.S.;
   32         authorizing a percentage of proceeds from the
   33         phosphate rock excise tax to be credited to the State
   34         Park Trust Fund rather than the Conservation and
   35         Recreation Lands Trust Fund; revising dates and
   36         distributions of moneys to fund specific programs and
   37         activities; amending s. 215.20, F.S.; conforming
   38         provisions to changes made by the act; amending s.
   39         215.618, F.S.; authorizing Florida Forever bonds to be
   40         issued to finance or refinance the acquisition and
   41         improvement of land, water areas, and related property
   42         interests; limiting the percentage of documentary
   43         stamp taxes collected that may be taken into account
   44         for the purpose of satisfying an additional bonds test
   45         set forth in certain bonds; amending s. 215.619, F.S.;
   46         limiting the percentage of documentary stamp taxes
   47         collected that may be taken into account for the
   48         purpose of satisfying an additional bonds test set
   49         forth in certain bonds; amending ss. 253.027 and
   50         253.03, F.S.; conforming provisions to changes made by
   51         the act; amending s. 253.034, F.S.; requiring proceeds
   52         from the sale of surplus conservation lands purchased
   53         before a certain date to be deposited into the Florida
   54         Forever Trust Fund and after such date under certain
   55         circumstances into the Land Acquisition Trust Fund;
   56         limiting the amount of funds that may be expended from
   57         the Land Acquisition Trust Fund for funding certain
   58         contractual arrangements; amending s. 253.7824, F.S.;
   59         conforming provisions to changes made by the act;
   60         amending s. 258.015, F.S.; conforming a cross
   61         reference; amending s. 258.435, F.S.; requiring moneys
   62         received by the Department of Environmental Protection
   63         relating to aquatic preserves to be deposited into
   64         certain trust funds; amending s. 259.032, F.S.;
   65         conforming provisions affected by the termination of
   66         the Conservation and Recreation Lands Trust Fund;
   67         authorizing state agencies designated to manage lands
   68         acquired with funds deposited into the Land
   69         Acquisition Trust Fund to contract with local
   70         governments and soil and water conservation districts
   71         to assist in management activities; amending s.
   72         259.035, F.S.; requiring the Acquisition and
   73         Restoration Council to develop rules defining specific
   74         criteria and numeric performance measures needed for
   75         lands acquired under the Florida Forever Program with
   76         funds deposited into the Land Acquisition Trust Fund
   77         pursuant to s. 28(a), Article X of the State
   78         Constitution; requiring the proposed rules to be
   79         submitted to the Legislature for consideration;
   80         requiring recipients of funds from the Land
   81         Acquisition Trust Fund to annually report to the
   82         Division of State Lands; requiring the council to
   83         consider and evaluate in writing each project proposed
   84         for acquisition using such funds and ensure that each
   85         proposed project meets the requirements of s. 28,
   86         Article X of the State Constitution; amending ss.
   87         259.036, 259.037, 259.04, and 259.041, F.S.;
   88         conforming cross-references; amending s. 259.101,
   89         F.S.; conforming provisions affected by the
   90         termination of the Preservation 2000 Trust Fund;
   91         requiring agencies and water management districts that
   92         acquired lands using Preservation 2000 funds to make
   93         such lands available for public recreational use under
   94         certain circumstances; requiring water management
   95         districts and the department to control the growth of
   96         nonnative invasive plant species on such lands;
   97         amending s. 259.105, F.S.; deleting obsolete
   98         provisions; conforming cross-references; limiting the
   99         amount of funds that may be expended from the Land
  100         Acquisition Trust Fund for funding certain contractual
  101         arrangements; amending ss. 259.1051, 339.0801, 339.55,
  102         341.303, 343.58, 369.252, 373.026, and 373.089, F.S.;
  103         conforming cross-references; conforming provisions to
  104         changes made by the act; amending s. 373.129, F.S.;
  105         requiring certain civil penalties to be retained by
  106         the water management districts or deposited into the
  107         Water Quality Assurance Trust Fund; amending ss.
  108         373.1391 and 373.199, F.S.; conforming provisions to
  109         changes made by the act; amending s. 373.430, F.S.;
  110         requiring certain moneys to be deposited into the
  111         Water Quality Assurance Trust Fund rather than the
  112         Ecosystem Management and Restoration Trust Fund;
  113         amending ss. 373.459, 373.4592, 373.45926, 373.470,
  114         373.472, and 373.584, F.S.; conforming provisions to
  115         changes made by the act; amending s. 373.59, F.S.;
  116         conforming provisions affected by the termination of
  117         the Water Management Lands Trust Fund; amending s.
  118         373.5905, F.S.; conforming a cross-reference; amending
  119         ss. 373.703 and 375.031, F.S.; conforming provisions
  120         to changes made by the act; amending s. 375.041, F.S.;
  121         designating the Land Acquisition Trust Fund within the
  122         Department of Environmental Protection for receipt of
  123         certain documentary stamp tax revenues for the
  124         prescribed uses of s. 28, Article X of the State
  125         Constitution; providing for the continuation of the
  126         trust fund until a certain time; requiring certain
  127         moneys and revenues to be deposited into the Land
  128         Acquisition Trust Fund; providing priority for the use
  129         of moneys in the trust fund; requiring agencies
  130         receiving transfers of moneys from the fund to
  131         maintain the integrity of such funds; amending s.
  132         375.044, F.S.; conforming provisions to changes made
  133         by the act; repealing s. 375.045, F.S., relating to
  134         the Florida Preservation 2000 Trust Fund; amending s.
  135         375.075, F.S.; conforming provisions to changes made
  136         by the act; amending s. 376.11, F.S.; revising the
  137         funds required to be deposited into the Florida
  138         Coastal Protection Trust Fund and the purposes for
  139         which such funds may be used; amending s. 376.123,
  140         F.S.; conforming a cross-reference; amending s.
  141         376.307, F.S.; revising the funds required to be
  142         deposited into the Water Quality Assurance Trust Fund
  143         and the purposes for which such funds may be used;
  144         authorizing the department to enter into certain
  145         settlements; amending s. 376.40, F.S.; conforming a
  146         cross-reference; repealing s. 379.202, F.S., relating
  147         to the Conservation and Recreation Lands Program Trust
  148         Fund of the Fish and Wildlife Conservation Commission;
  149         amending s. 379.206, F.S.; requiring grants and
  150         donations from development-of-regional-impact wildlife
  151         mitigation contributions to be credited to the Grants
  152         and Donations Trust Fund; requiring that title to
  153         certain lands be vested in the Board of Trustees of
  154         the Internal Improvement Trust Fund; providing that
  155         certain land acquisitions are subject to certain
  156         procedures; amending s. 379.212, F.S.; providing that
  157         the Land Acquisition Trust Fund within the Fish and
  158         Wildlife Conservation Commission must be used to
  159         implement s. 28, Article X of the State Constitution;
  160         authorizing the department to transfer certain funds;
  161         requiring the commission to maintain the integrity of
  162         such funds; providing for the transfer of certain
  163         funds; amending s. 379.214, F.S.; conforming a cross
  164         reference; amending s. 380.0666, F.S.; conforming
  165         provisions to changes made by the act; repealing s.
  166         380.0677, F.S., relating to the Green Swamp Land
  167         Authority; amending s. 380.507, F.S.; conforming
  168         provisions to changes made by the act; amending s.
  169         380.508, F.S.; requiring certain funds over and above
  170         eligible project costs to be deposited into the
  171         Florida Forever Trust Fund rather than the Florida
  172         Communities Trust Fund; amending s. 380.510, F.S.;
  173         requiring certain funds collected under a grant or
  174         loan agreement to be deposited into the Internal
  175         Improvement Trust Fund rather than the Florida
  176         Communities Trust Fund; requiring the deed or lease of
  177         any real property acquired with certain funds to
  178         contain covenants and restrictions sufficient to
  179         ensure that the use of such real property complies
  180         with s. 28, Article X of the State Constitution;
  181         conforming provisions to changes made by the act;
  182         repealing s. 380.511, F.S., relating to the Florida
  183         Communities Trust Fund; amending s. 403.0615, F.S.;
  184         conforming provisions to changes made by the act;
  185         amending ss. 403.08601 and 403.121, F.S.; requiring
  186         certain funds to be deposited into the Water Quality
  187         Assurance Trust Fund rather than the Ecosystem
  188         Management and Restoration Trust Fund; repealing s.
  189         403.1651, F.S., relating to the Ecosystem Management
  190         and Restoration Trust Fund; amending s. 403.885, F.S.;
  191         conforming provisions to changes made by the act;
  192         repealing s. 403.8911, F.S., relating to the annual
  193         appropriation from the Water Protection and
  194         Sustainability Program Trust Fund; amending s.
  195         403.9325, F.S.; revising and redefining the term
  196         “public lands set aside for conservation or
  197         preservation” to include lands and interests acquired
  198         with funds deposited into the Land Acquisition Trust
  199         Fund; amending s. 403.93345, F.S.; redefining the term
  200         “fund” to mean the Water Quality Assurance Trust Fund;
  201         requiring certain funds to be deposited into the Water
  202         Quality Assurance Trust Fund rather than the Ecosystem
  203         Management and Restoration Trust Fund; amending ss.
  204         420.5092 and 420.9073, F.S.; conforming provisions to
  205         changes made by the act; repealing s. 570.207, F.S.,
  206         relating to the Conservation and Recreation Lands
  207         Program Trust Fund of the Department of Agriculture
  208         and Consumer Services; amending s. 570.321, F.S.;
  209         conforming a cross-reference; amending s. 570.71,
  210         F.S.; excluding funds from the Land Acquisition Trust
  211         Fund from a requirement that funds be deposited into
  212         the Incidental Trust Fund under certain circumstances;
  213         amending s. 895.09, F.S.; conforming provisions to
  214         changes made by the act; reenacting s. 339.2818(6),
  215         F.S., relating to the Small County Outreach Program,
  216         s. 339.2819(5), F.S., relating to the Transportation
  217         Regional Incentive Program, s. 339.61(3), F.S.,
  218         relating to the Florida Strategic Intermodal System,
  219         s. 341.051(6), F.S., relating to the New Starts
  220         Transit Program, and s. 420.9079(1), F.S., relating to
  221         the Local Government Housing Trust Fund, to
  222         incorporate the amendment made by this act to s.
  223         201.15, F.S., in references thereto; reenacting s.
  224         287.0595(2), F.S., relating to Department of
  225         Environmental Protection’s authority to adopt certain
  226         pollution response rules, to incorporate the amendment
  227         made by this act to s. 376.307, F.S., in a reference
  228         thereto; providing for construction of the act in pari
  229         materia with laws enacted during the 2015 Regular
  230         Session of the Legislature; providing for contingent
  231         retroactive operation; providing effective dates.
  232          
  233  Be It Enacted by the Legislature of the State of Florida:
  234  
  235         Section 1. (1) The following trust funds within the
  236  Department of Environmental Protection are terminated:
  237         (a) The Florida Preservation 2000 Trust Fund, FLAIR number
  238  37-2-332.
  239         (b) The Florida Communities Trust Fund, FLAIR number 37-2
  240  244.
  241         (c) The Ecosystem Management and Restoration Trust Fund,
  242  FLAIR number 37-2-193.
  243         (d) The Water Management Lands Trust Fund, FLAIR number 37
  244  2-776.
  245         (e) The Conservation and Recreation Lands Trust Fund, FLAIR
  246  number 37-2-131.
  247         (2)(a) All current balances remaining in the Florida
  248  Communities Trust Fund and the Florida Preservation 2000 Trust
  249  Fund shall be transferred to the Land Acquisition Trust Fund,
  250  FLAIR number 37-2-423.
  251         (b) All current balances remaining in the Conservation and
  252  Recreation Lands Trust Fund shall be transferred to the General
  253  Revenue Fund.
  254         (c) All current balances remaining in, and all revenues of,
  255  the Ecosystem Management and Restoration Trust Fund shall be
  256  transferred to the General Revenue Fund, except for balances
  257  associated with the Reef Grounding Program and the Pollution
  258  Recovery Restricted Accounts, which shall be transferred to the
  259  Water Quality Assurance Trust Fund, FLAIR number 37-2-780.
  260         (d) All current balances remaining in, and all revenues of,
  261  the Water Management Lands Trust Fund shall be transferred to
  262  the General Revenue Fund, except for balances associated with
  263  debt service on bonds issued before February 1, 2009, by the
  264  South Florida Water Management District and the St. Johns River
  265  Water Management District, which shall be transferred to the
  266  Land Acquisition Trust Fund, FLAIR number 37-2-423.
  267         (3) The Department of Environmental Protection shall pay
  268  any outstanding debts or obligations of the terminated trust
  269  funds as required, and the Chief Financial Officer shall close
  270  out and remove the terminated trust funds from the various state
  271  accounting systems using generally accepted accounting
  272  principles concerning warrants outstanding, assets, and
  273  liabilities.
  274         Section 2. (1) The Conservation and Recreation Lands
  275  Program Trust Fund, FLAIR number 42-2-931, within the Department
  276  of Agriculture and Consumer Services is terminated.
  277         (2) The Department of Agriculture and Consumer Services
  278  shall pay any outstanding debts or obligations of the terminated
  279  trust fund as soon as practicable, and the Chief Financial
  280  Officer shall close out and remove that terminated trust fund
  281  from the various state accounting systems using generally
  282  accepted accounting principles concerning warrants outstanding,
  283  assets, and liabilities.
  284         Section 3. (1) The Conservation and Recreation Lands
  285  Program Trust Fund, FLAIR number 72-2-931, within the Fish and
  286  Wildlife Conservation Commission is terminated.
  287         (2) The Fish and Wildlife Conservation Commission shall pay
  288  any outstanding debts or obligations of the terminated trust
  289  fund as soon as practicable, and the Chief Financial Officer
  290  shall close out and remove that terminated trust fund from the
  291  various state accounting systems using generally accepted
  292  accounting principles concerning warrants outstanding, assets,
  293  and liabilities.
  294         Section 4. Paragraph (e) is added to subsection (3) of
  295  section 17.61, Florida Statutes, to read:
  296         17.61 Chief Financial Officer; powers and duties in the
  297  investment of certain funds.—
  298         (3)
  299         (e) Moneys in any land acquisition trust fund created or
  300  designated to receive funds under s. 28, Art. X of the State
  301  Constitution may not be invested as provided in this section,
  302  but shall be retained in those trust funds, with the interest
  303  appropriated to the General Revenue Fund, as provided in s.
  304  17.57.
  305         Section 5. Section 161.05301, Florida Statutes, is
  306  repealed.
  307         Section 6. Subsection (3) of section 161.054, Florida
  308  Statutes, is amended to read:
  309         161.054 Administrative fines; liability for damage; liens.—
  310         (3) The imposition of a fine or an award of damages
  311  pursuant to this section shall create a lien upon the real and
  312  personal property of the violator, enforceable by the department
  313  as are statutory liens under chapter 85. The proceeds of such
  314  fines and awards of damages shall be deposited in the Florida
  315  Coastal Protection Ecosystem Management and Restoration Trust
  316  Fund.
  317         Section 7. Subsections (1) and (3) of section 161.091,
  318  Florida Statutes, are amended to read:
  319         161.091 Beach management; funding; repair and maintenance
  320  strategy.—
  321         (1) Subject to such appropriations as the Legislature may
  322  make therefor from time to time, disbursements from the Land
  323  Acquisition Ecosystem Management and Restoration Trust Fund may
  324  be made by the department in order to carry out the proper state
  325  responsibilities in a comprehensive, long-range, statewide beach
  326  management plan for erosion control; beach preservation,
  327  restoration, and nourishment; and storm and hurricane
  328  protection; and other activities authorized for beaches and
  329  shores pursuant to s. 28, Art. X of the State Constitution.
  330  Legislative intent in appropriating such funds is for the
  331  implementation of those projects that contribute most
  332  significantly to addressing the state’s beach erosion problems.
  333         (3) In accordance with the intent expressed in s. 161.088
  334  and the legislative finding that erosion of the beaches of this
  335  state is detrimental to tourism, the state’s major industry,
  336  further exposes the state’s highly developed coastline to severe
  337  storm damage, and threatens beach-related jobs, which, if not
  338  stopped, may significantly reduce state sales tax revenues,
  339  funds deposited into the State Treasury to the credit of the
  340  Land Acquisition Ecosystem Management and Restoration Trust
  341  Fund, in the annual amounts provided in s. 201.15, shall be
  342  used, for a period of not less than 15 years, to fund the
  343  development, implementation, and administration of the state’s
  344  beach management plan, as provided in ss. 161.091-161.212 and as
  345  authorized in s. 28, Art. X of the State Constitution, prior to
  346  the use of such funds deposited pursuant to s. 201.15 in that
  347  trust fund for any other purpose.
  348         Section 8. Section 201.0205, Florida Statutes, is amended
  349  to read:
  350         201.0205 Counties that have implemented ch. 83-220;
  351  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
  352  Laws of Florida.—The 10-cent tax increase in the documentary
  353  stamp tax levied by s. 2, chapter 92-317, does not apply to
  354  deeds and other taxable instruments relating to real property
  355  located in any county that has implemented the provisions of
  356  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  357  86-152, and 89-252, Laws of Florida. Each such county and each
  358  eligible jurisdiction within such county may shall not be
  359  eligible to participate in programs funded pursuant to s.
  360  201.15(4)(c) s. 201.15(9). However, each such county and each
  361  eligible jurisdiction within such county may shall be eligible
  362  to participate in programs funded pursuant to s. 201.15(4)(d) s.
  363  201.15(10).
  364         Section 9. Section 201.15, Florida Statutes, is amended to
  365  read:
  366         201.15 Distribution of taxes collected.—All taxes collected
  367  under this chapter are hereby pledged and shall be first made
  368  available to make payments when due on bonds issued pursuant to
  369  s. 215.618 or s. 215.619, or any other bonds authorized to be
  370  issued on a parity basis with such bonds. Such pledge and
  371  availability for the payment of these bonds shall have priority
  372  over any requirement for the payment of service charges or costs
  373  of collection and enforcement under this section. All taxes
  374  collected under this chapter, except taxes distributed to the
  375  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  376  are subject to the service charge imposed in s. 215.20(1).
  377  Before distribution pursuant to under this section, the
  378  Department of Revenue shall deduct amounts necessary to pay the
  379  costs of the collection and enforcement of the tax levied by
  380  this chapter. The Such costs and the service charge may not be
  381  levied against any portion of taxes pledged to debt service on
  382  bonds to the extent that the costs and service charge are
  383  required to pay any amounts relating to the bonds. After
  384  distributions are made pursuant to subsection (1), All of the
  385  costs of the collection and enforcement of the tax levied by
  386  this chapter and the service charge shall be available and
  387  transferred to the extent necessary to pay debt service and any
  388  other amounts payable with respect to bonds authorized before
  389  January 1, 2015, secured by revenues distributed pursuant to
  390  this section subsection (1). All taxes remaining after deduction
  391  of costs and the service charge shall be distributed as follows:
  392         (1) Amounts necessary to make payments on bonds issued
  393  pursuant to s. 215.618 or s. 215.619, as provided under
  394  paragraphs (3)(a) and (b), or on any other bonds authorized to
  395  be issued on a parity basis with such bonds shall be deposited
  396  into the Land Acquisition Trust Fund.
  397         (2) If the amounts deposited pursuant to subsection (1) are
  398  less than 33 percent of all taxes collected after first
  399  deducting the costs of collection, an amount equal to 33 percent
  400  of all taxes collected after first deducting the costs of
  401  collection, minus the amounts deposited pursuant to subsection
  402  (1), shall be deposited into the Land Acquisition Trust Fund.
  403         (3) Amounts on deposit in the Land Acquisition Trust Fund
  404  Sixty-three and thirty-one hundredths percent of the remaining
  405  taxes shall be used in for the following order purposes:
  406         (a) Payment of Amounts necessary to pay the debt service
  407  on, or funding of fund debt service reserve funds, rebate
  408  obligations, or other amounts payable with respect to
  409  Preservation 2000 bonds issued pursuant to s. 375.051 and
  410  Florida Forever bonds issued pursuant to s. 215.618, shall be
  411  paid into the State Treasury to the credit of the Land
  412  Acquisition Trust Fund to be used for such purposes. The amount
  413  used for such purposes transferred to the Land Acquisition Trust
  414  Fund may not exceed $300 million in each fiscal year 1999-2000
  415  and thereafter for Preservation 2000 bonds and bonds issued to
  416  refund Preservation 2000 bonds, and $300 million in fiscal year
  417  2000-2001 and thereafter for Florida Forever bonds. The annual
  418  amount transferred to the Land Acquisition Trust Fund for
  419  Florida Forever bonds may not exceed $30 million in the first
  420  fiscal year in which bonds are issued. The limitation on the
  421  amount transferred shall be increased by an additional $30
  422  million in each subsequent fiscal year, but may not exceed a
  423  total of $300 million in any fiscal year for all bonds issued.
  424  It is the intent of the Legislature that all bonds issued to
  425  fund the Florida Forever Act be retired by December 31, 2040.
  426  Except for bonds issued to refund previously issued bonds, no
  427  series of bonds may be issued pursuant to this paragraph unless
  428  such bonds are approved and the debt service for the remainder
  429  of the fiscal year in which the bonds are issued is specifically
  430  appropriated in the General Appropriations Act. For purposes of
  431  refunding Preservation 2000 bonds, amounts designated within
  432  this section for Preservation 2000 and Florida Forever bonds may
  433  be transferred between the two programs to the extent provided
  434  for in the documents authorizing the issuance of the bonds. The
  435  Preservation 2000 bonds and Florida Forever bonds are equally
  436  and ratably secured by moneys distributable to the Land
  437  Acquisition Trust Fund pursuant to this section, except as
  438  specifically provided otherwise by the documents authorizing the
  439  issuance of the bonds. Moneys transferred to the Land
  440  Acquisition Trust Fund pursuant to this paragraph, or earnings
  441  thereon, may not be used or made available to pay debt service
  442  on the Save Our Coast revenue bonds.
  443         (b) Payment of Moneys shall be paid into the State Treasury
  444  to the credit of the Save Our Everglades Trust Fund in amounts
  445  necessary to pay debt service, or funding of debt service
  446  reserve funds provide reserves, and pay rebate obligations, or
  447  and other amounts due with respect to Everglades restoration
  448  bonds issued pursuant to under s. 215.619. Taxes distributed
  449  under paragraph (a) and this paragraph must be collectively
  450  distributed on a pro rata basis when the available moneys under
  451  this subsection are not sufficient to cover the amounts required
  452  under paragraph (a) and this paragraph.
  453  
  454  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  455  and ratably secured by moneys distributable to the Land
  456  Acquisition Trust Fund.
  457         (4)(c) After the required distributions to the Land
  458  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  459  deduction of the service charge imposed pursuant to s. 215.20(1)
  460  payments under paragraphs (a) and (b), the remainder shall be
  461  distributed as follows paid into the State Treasury to the
  462  credit of:
  463         (a)1.The State Transportation Trust Fund in the Department
  464  of Transportation in the amount of The lesser of 24.18442 38.2
  465  percent of the remainder or $541.75 million in each fiscal year
  466  shall be paid into the State Treasury to the credit of the State
  467  Transportation Trust Fund. Out Of such funds, the first $50
  468  million for the 2012-2013 fiscal year; $65 million for the 2013
  469  2014 fiscal year; and $75 million for each the 2014-2015 fiscal
  470  year and all subsequent years, shall be transferred to the State
  471  Economic Enhancement and Development Trust Fund within the
  472  Department of Economic Opportunity. Notwithstanding any other
  473  law, the remaining amount credited to the State Transportation
  474  Trust Fund shall remainder is to be used for the following
  475  specified purposes, notwithstanding any other law to the
  476  contrary:
  477         1.a.For the purposes of Capital funding for the New Starts
  478  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  479  specified in s. 341.051, in the amount of 10 percent of the
  480  these funds;
  481         2.b.For the purposes of The Small County Outreach Program
  482  specified in s. 339.2818, in the amount of 10 5 percent of the
  483  these funds. Effective July 1, 2014, the percentage allocated
  484  under this sub-subparagraph shall be increased to 10 percent;
  485         3.c.For the purposes of The Strategic Intermodal System
  486  specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
  487  amount of 75 percent of the these funds after deduction of the
  488  payments required pursuant to subparagraphs 1. and 2. allocating
  489  for the New Starts Transit Program described in sub-subparagraph
  490  a. and the Small County Outreach Program described in sub
  491  subparagraph b.; and
  492         4.d.For the purposes of The Transportation Regional
  493  Incentive Program specified in s. 339.2819, in the amount of 25
  494  percent of the these funds after deduction of the payments
  495  required pursuant to subparagraphs 1. and 2. allocating for the
  496  New Starts Transit Program described in sub-subparagraph a. and
  497  the Small County Outreach Program described in sub-subparagraph
  498  b. Effective July 1, 2014, The first $60 million of the funds
  499  allocated pursuant to this subparagraph sub-subparagraph shall
  500  be allocated annually to the Florida Rail Enterprise for the
  501  purposes established in s. 341.303(5).
  502         (b)2.The Grants and Donations Trust Fund in the Department
  503  of Economic Opportunity in the amount of The lesser of 0.1456
  504  .23 percent of the remainder or $3.25 million in each fiscal
  505  year shall be paid into the State Treasury to the credit of the
  506  Grants and Donations Trust Fund in the Department of Economic
  507  Opportunity to fund technical assistance to local governments.
  508         3. The Ecosystem Management and Restoration Trust Fund in
  509  the amount of the lesser of 2.12 percent of the remainder or $30
  510  million in each fiscal year, to be used for the preservation and
  511  repair of the state’s beaches as provided in ss. 161.091
  512  161.212.
  513         4. General Inspection Trust Fund in the amount of the
  514  lesser of .02 percent of the remainder or $300,000 in each
  515  fiscal year to be used to fund oyster management and restoration
  516  programs as provided in s. 379.362(3).
  517  
  518  Moneys distributed pursuant to paragraphs (a) and (b) this
  519  paragraph may not be pledged for debt service unless such pledge
  520  is approved by referendum of the voters.
  521         (d)After the required payments under paragraphs (a), (b),
  522  and (c), the remainder shall be paid into the State Treasury to
  523  the credit of the General Revenue Fund to be used and expended
  524  for the purposes for which the General Revenue Fund was created
  525  and exists by law.
  526         (2) The lesser of 7.56 percent of the remaining taxes or
  527  $84.9 million in each fiscal year shall be distributed as
  528  follows:
  529         (a) Six million and three hundred thousand dollars shall be
  530  paid into the State Treasury to the credit of the General
  531  Revenue Fund.
  532         (b) The remainder shall be paid into the State Treasury to
  533  the credit of the Land Acquisition Trust Fund. Sums deposited in
  534  the fund pursuant to this subsection may be used for any purpose
  535  for which funds deposited in the Land Acquisition Trust Fund may
  536  lawfully be used.
  537         (3)(a) The lesser of 1.94 percent of the remaining taxes or
  538  $26 million in each fiscal year shall be distributed in the
  539  following order:
  540         1. Amounts necessary to pay debt service or to fund debt
  541  service reserve funds, rebate obligations, or other amounts
  542  payable with respect to bonds issued before February 1, 2009,
  543  pursuant to this subsection shall be paid into the State
  544  Treasury to the credit of the Land Acquisition Trust Fund.
  545         2. Eleven million dollars shall be paid into the State
  546  Treasury to the credit of the General Revenue Fund.
  547         3. The remainder shall be paid into the State Treasury to
  548  the credit of the Land Acquisition Trust Fund.
  549         (b) Moneys deposited in the Land Acquisition Trust Fund
  550  pursuant to this subsection shall be used to acquire coastal
  551  lands or to pay debt service on bonds issued to acquire coastal
  552  lands and to develop and manage lands acquired with moneys from
  553  the trust fund.
  554         (4) The lesser of 4.2 percent of the remaining taxes or
  555  $60.5 million in each fiscal year shall be paid into the State
  556  Treasury to the credit of the Water Management Lands Trust Fund.
  557  Sums deposited in that fund may be used for any purpose
  558  authorized in s. 373.59. An amount equal to the amounts
  559  necessary to pay debt service or to fund debt service reserve
  560  funds, rebate obligations, or other amounts payable with respect
  561  to bonds authorized pursuant to s. 215.619(1)(a)2. and the
  562  proviso associated with Specific Appropriation 1626A of the
  563  2014-2015 General Appropriations Act shall be transferred
  564  annually from the Water Management Lands Trust Fund to the
  565  General Revenue Fund.
  566         (5) Of the remaining taxes, 3.52 percent shall be paid into
  567  the State Treasury to the credit of the Conservation and
  568  Recreation Lands Trust Fund to carry out the purposes set forth
  569  in s. 259.032. Eleven and fifteen hundredths percent of the
  570  amount credited to the Conservation and Recreation Lands Trust
  571  Fund pursuant to this subsection shall be transferred to the
  572  State Game Trust Fund and used for land management activities.
  573         (6) The lesser of 2.28 percent of the remaining taxes or
  574  $34.1 million in each fiscal year shall be paid into the State
  575  Treasury to the credit of the Invasive Plant Control Trust Fund
  576  to carry out the purposes set forth in ss. 369.22 and 369.252.
  577         (7) The lesser of .5 percent of the remaining taxes or $9.3
  578  million in each fiscal year shall be paid into the State
  579  Treasury to the credit of the State Game Trust Fund to be used
  580  exclusively for the purpose of implementing the Lake Restoration
  581  2020 Program.
  582         (8) One-half of one percent of the remaining taxes shall be
  583  paid into the State Treasury and divided equally to the credit
  584  of the Department of Environmental Protection Water Quality
  585  Assurance Trust Fund to address water quality impacts associated
  586  with nonagricultural nonpoint sources and to the credit of the
  587  Department of Agriculture and Consumer Services General
  588  Inspection Trust Fund to address water quality impacts
  589  associated with agricultural nonpoint sources, respectively.
  590  These funds shall be used for research, development,
  591  demonstration, and implementation of suitable best management
  592  practices or other measures used to achieve water quality
  593  standards in surface waters and water segments identified
  594  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
  595  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  596  management practices and other measures may include cost-share
  597  grants, technical assistance, implementation tracking, and
  598  conservation leases or other agreements for water quality
  599  improvement. The Department of Environmental Protection and the
  600  Department of Agriculture and Consumer Services may adopt rules
  601  governing the distribution of funds for implementation of best
  602  management practices. The unobligated balance of funds received
  603  from the distribution of taxes collected under this chapter to
  604  address water quality impacts associated with nonagricultural
  605  nonpoint sources must be excluded when calculating the
  606  unobligated balance of the Water Quality Assurance Trust Fund as
  607  it relates to the determination of the applicable excise tax
  608  rate.
  609         (c)(9)Eleven and twenty-four Seven and fifty-three
  610  hundredths percent of the remainder remaining taxes in each
  611  fiscal year shall be paid into the State Treasury to the credit
  612  of the State Housing Trust Fund. Out Of such funds, beginning in
  613  the 2012-2013 fiscal year, the first $35 million shall be
  614  transferred annually, subject to any distribution required under
  615  subsection (5) (15), to the State Economic Enhancement and
  616  Development Trust Fund within the Department of Economic
  617  Opportunity. The remainder shall be used as follows:
  618         1.(a) Half of that amount shall be used for the purposes
  619  for which the State Housing Trust Fund was created and exists by
  620  law.
  621         2.(b) Half of that amount shall be paid into the State
  622  Treasury to the credit of the Local Government Housing Trust
  623  Fund and used for the purposes for which the Local Government
  624  Housing Trust Fund was created and exists by law.
  625         (d)(10)Twelve and ninety-three Eight and sixty-six
  626  hundredths percent of the remainder remaining taxes in each
  627  fiscal year shall be paid into the State Treasury to the credit
  628  of the State Housing Trust Fund. Out Of such funds, beginning in
  629  the 2012-2013 fiscal year, the first $40 million shall be
  630  transferred annually, subject to any distribution required under
  631  subsection (5) (15), to the State Economic Enhancement and
  632  Development Trust Fund within the Department of Economic
  633  Opportunity. The remainder shall be used as follows:
  634         1.(a) Twelve and one-half percent of that amount shall be
  635  deposited into the State Housing Trust Fund and be expended by
  636  the Department of Economic Opportunity and by the Florida
  637  Housing Finance Corporation for the purposes for which the State
  638  Housing Trust Fund was created and exists by law.
  639         2.(b) Eighty-seven and one-half percent of that amount
  640  shall be distributed to the Local Government Housing Trust Fund
  641  and used for the purposes for which the Local Government Housing
  642  Trust Fund was created and exists by law. Funds from this
  643  category may also be used to provide for state and local
  644  services to assist the homeless.
  645         (e)The lesser of 0.017 percent of the remainder or
  646  $300,000 in each fiscal year shall be paid into the State
  647  Treasury to the credit of the General Inspection Trust Fund to
  648  be used to fund oyster management and restoration programs as
  649  provided in s. 379.362(3).
  650         (11) The distribution of proceeds deposited into the Water
  651  Management Lands Trust Fund and the Conservation and Recreation
  652  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  653  be used for land acquisition but may be used for preacquisition
  654  costs associated with land purchases. The Legislature intends
  655  that the Florida Forever program supplant the acquisition
  656  programs formerly authorized under ss. 259.032 and 373.59.
  657         (12) Amounts distributed pursuant to subsections (5), (6),
  658  (7), and (8) are subject to the payment of debt service on
  659  outstanding Conservation and Recreation Lands revenue bonds.
  660         (13) In each fiscal year that the remaining taxes exceed
  661  collections in the prior fiscal year, the stated maximum dollar
  662  amounts provided in subsections (2), (4), (6), and (7) shall
  663  each be increased by an amount equal to 10 percent of the
  664  increase in the remaining taxes collected under this chapter
  665  multiplied by the applicable percentage provided in those
  666  subsections.
  667         (14) If the payment requirements in any year for bonds
  668  outstanding on July 1, 2007, or bonds issued to refund such
  669  bonds, exceed the limitations of this section, distributions to
  670  the trust fund from which the bond payments are made must be
  671  increased to the lesser of the amount needed to pay bond
  672  obligations or the limit of the applicable percentage
  673  distribution provided in subsections (1)-(10).
  674         (5)(15) Distributions to the State Housing Trust Fund
  675  pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
  676  must be sufficient to cover amounts required to be transferred
  677  to the Florida Affordable Housing Guarantee Program’s annual
  678  debt service reserve and guarantee fund pursuant to s.
  679  420.5092(6)(a) and (b) up to the amount required to be
  680  transferred to such reserve and fund based on the percentage
  681  distribution of documentary stamp tax revenues to the State
  682  Housing Trust Fund which is in effect in the 2004-2005 fiscal
  683  year.
  684         (16) If amounts necessary to pay debt service or any other
  685  amounts payable with respect to Preservation 2000 bonds, Florida
  686  Forever bonds, or Everglades Restoration bonds authorized before
  687  January 1, 2015, exceed the amounts distributable pursuant to
  688  subsection (1), all moneys distributable pursuant to this
  689  section are available for such obligations and transferred in
  690  the amounts necessary to pay such obligations when due. However,
  691  amounts distributable pursuant to subsection (2), subsection
  692  (3), subsection (4), subsection (5), paragraph (9)(a), or
  693  paragraph (10)(a) are not available to pay such obligations to
  694  the extent that such moneys are necessary to pay debt service on
  695  bonds secured by revenues pursuant to those provisions.
  696         (6)(17) After the distributions provided in the preceding
  697  subsections, any remaining taxes shall be paid into the State
  698  Treasury to the credit of the General Revenue Fund.
  699         Section 10. Paragraphs (a) and (b) of subsection (6) of
  700  section 211.3103, Florida Statutes, are amended to read:
  701         211.3103 Levy of tax on severance of phosphate rock; rate,
  702  basis, and distribution of tax.—
  703         (6)(a) Beginning January 1, 2023 July 1 of the 2011-2012
  704  fiscal year, the proceeds of all taxes, interest, and penalties
  705  imposed under this section are exempt from the general revenue
  706  service charge provided in s. 215.20, and such proceeds shall be
  707  paid into the State Treasury as follows:
  708         1. To the credit of the State Park Conservation and
  709  Recreation Lands Trust Fund, 25.5 percent.
  710         2. To the credit of the General Revenue Fund of the state,
  711  35.7 percent.
  712         3. For payment to counties in proportion to the number of
  713  tons of phosphate rock produced from a phosphate rock matrix
  714  located within such political boundary, 12.8 percent. The
  715  department shall distribute this portion of the proceeds
  716  annually based on production information reported by the
  717  producers on the annual returns for the taxable year. Any such
  718  proceeds received by a county shall be used only for phosphate
  719  related expenses.
  720         4. For payment to counties that have been designated as a
  721  rural area of opportunity pursuant to s. 288.0656 in proportion
  722  to the number of tons of phosphate rock produced from a
  723  phosphate rock matrix located within such political boundary,
  724  10.0 percent. The department shall distribute this portion of
  725  the proceeds annually based on production information reported
  726  by the producers on the annual returns for the taxable year.
  727  Payments under this subparagraph shall be made to the counties
  728  unless the Legislature by special act creates a local authority
  729  to promote and direct the economic development of the county. If
  730  such authority exists, payments shall be made to that authority.
  731         5. To the credit of the Nonmandatory Land Reclamation Trust
  732  Fund, 6.2 percent.
  733         6. To the credit of the Phosphate Research Trust Fund in
  734  the Division of Universities of the Department of Education, 6.2
  735  percent.
  736         7. To the credit of the Minerals Trust Fund, 3.6 percent.
  737         (b) Notwithstanding paragraph (a), from July January 1,
  738  2015, until December 31, 2022, the proceeds of all taxes,
  739  interest, and penalties imposed under this section are exempt
  740  from the general revenue service charge provided in s. 215.20,
  741  and such proceeds shall be paid to the State Treasury as
  742  follows:
  743         1. To the credit of the State Park Conservation and
  744  Recreation Lands Trust Fund, 22.8 percent.
  745         2. To the credit of the General Revenue Fund of the state,
  746  31.9 percent.
  747         3. For payment to counties pursuant to subparagraph (a)3.,
  748  11.5 percent.
  749         4. For payment to counties pursuant to subparagraph (a)4.,
  750  8.9 percent.
  751         5. To the credit of the Nonmandatory Land Reclamation Trust
  752  Fund, 16.1 percent.
  753         6. To the credit of the Phosphate Research Trust Fund in
  754  the Division of Universities of the Department of Education, 5.6
  755  percent.
  756         7. To the credit of the Minerals Trust Fund, 3.2 percent.
  757         Section 11. Subsection (2) of section 215.20, Florida
  758  Statutes, is amended to read:
  759         215.20 Certain income and certain trust funds to contribute
  760  to the General Revenue Fund.—
  761         (2) Notwithstanding the provisions of subsection (1), the
  762  trust funds of the Department of Citrus and the Department of
  763  Agriculture and Consumer Services, including funds collected in
  764  the General Inspection Trust Fund for marketing orders and in
  765  the Florida Citrus Advertising Trust Fund, shall be subject to a
  766  4 percent service charge, which is hereby appropriated to the
  767  General Revenue Fund. This subsection paragraph does not apply
  768  to the Conservation and Recreation Lands Program Trust Fund, the
  769  Citrus Inspection Trust Fund, the Florida Forever Program Trust
  770  Fund, the Market Improvements Working Capital Trust Fund, the
  771  Pest Control Trust Fund, the Plant Industry Trust Fund, or other
  772  funds collected in the General Inspection Trust Fund in the
  773  Department of Agriculture and Consumer Services.
  774         Section 12. Paragraph (a) of subsection (1) and subsections
  775  (2), (3), and (6) of section 215.618, Florida Statutes, are
  776  amended to read:
  777         215.618 Bonds for acquisition and improvement of land,
  778  water areas, and related property interests and resources.—
  779         (1)(a) The issuance of Florida Forever bonds, not to exceed
  780  $5.3 billion, to finance or refinance the cost of acquisition
  781  and improvement of land, water areas, and related property
  782  interests and resources, in urban and rural settings, for the
  783  purposes of restoration, conservation, recreation, water
  784  resource development, or historical preservation, and for
  785  capital improvements to lands and water areas that accomplish
  786  environmental restoration, enhance public access and
  787  recreational enjoyment, promote long-term management goals, and
  788  facilitate water resource development is hereby authorized,
  789  subject to the provisions of s. 259.105 and pursuant to s.
  790  11(e), Art. VII of the State Constitution and, on or after July
  791  1, 2015, to also finance or refinance the acquisition and
  792  improvement of land, water areas, and related property interests
  793  as provided in s. 28, Art. X of the State Constitution. Florida
  794  Forever bonds may also be issued to refund Preservation 2000
  795  bonds issued pursuant to s. 375.051. The $5.3 billion limitation
  796  on the issuance of Florida Forever bonds does not apply to
  797  refunding bonds. The duration of each series of Florida Forever
  798  bonds issued may not exceed 20 annual maturities. Not more than
  799  58.25 percent of documentary stamp taxes collected may be taken
  800  into account for the purpose of satisfying an additional bonds
  801  test set forth in any authorizing resolution for bonds issued on
  802  or after July 1, 2015 Preservation 2000 bonds and Florida
  803  Forever bonds shall be equally and ratably secured by moneys
  804  distributable to the Land Acquisition Trust Fund pursuant to s.
  805  201.15(1)(a), except to the extent specifically provided
  806  otherwise by the documents authorizing the issuance of the
  807  bonds.
  808         (2) The state covenants does hereby covenant with the
  809  holders of Florida Forever bonds and Preservation 2000 bonds
  810  that it will not take any action which will materially and
  811  adversely affect the rights of such holders so long as such
  812  bonds are outstanding, including, but not limited to, a
  813  reduction in the portion of documentary stamp taxes
  814  distributable to the Land Acquisition Trust Fund for payment of
  815  debt service on Preservation 2000 bonds or Florida Forever
  816  bonds.
  817         (3) Bonds issued pursuant to this section are shall be
  818  payable from taxes distributable to the Land Acquisition Trust
  819  Fund pursuant to s. 201.15 s. 201.15(1)(a). Bonds issued
  820  pursuant to this section do shall not constitute a general
  821  obligation of, or a pledge of the full faith and credit of, the
  822  state.
  823         (6) Pursuant to authority granted by s. 11(e), Art. VII of
  824  the State Constitution, there is hereby continued and re-created
  825  the Land Acquisition Trust Fund which shall be a continuation of
  826  the Land Acquisition Trust Fund which exists for purposes of s.
  827  9(a)(1), Art. XII of the State Constitution. The Land
  828  Acquisition Trust Fund shall continue beyond the termination of
  829  bonding authority provided for in s. 9(a)(1), Art. XII of the
  830  State Constitution, pursuant to the authority provided by s.
  831  11(e), Art. VII of the State Constitution and shall continue for
  832  so long as Preservation 2000 bonds or Florida Forever bonds are
  833  outstanding and secured by taxes distributable thereto.
  834         Section 13. Paragraph (b) of subsection (1) and subsections
  835  (2) and (3) of section 215.619, Florida Statutes, are amended to
  836  read:
  837         215.619 Bonds for Everglades restoration.—
  838         (1) The issuance of Everglades restoration bonds to finance
  839  or refinance the cost of the acquisition and improvement of
  840  land, water areas, and related property interests and resources
  841  for the purpose of implementing the Comprehensive Everglades
  842  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
  843  Protection Plan under s. 373.4595, the Caloosahatchee River
  844  Watershed Protection Plan under s. 373.4595, the St. Lucie River
  845  Watershed Protection Plan under s. 373.4595, and the Florida
  846  Keys Area of Critical State Concern protection program under ss.
  847  380.05 and 380.0552 in order to restore and conserve natural
  848  systems through the implementation of water management projects,
  849  including wastewater management projects identified in the Keys
  850  Wastewater Plan, dated November 2007, and submitted to the
  851  Florida House of Representatives on December 4, 2007, is
  852  authorized in accordance with s. 11(e), Art. VII of the State
  853  Constitution.
  854         (b) The duration of Everglades restoration bonds may not
  855  exceed 20 annual maturities and must mature by December 31,
  856  2040. Except for refunding bonds, a series of bonds may not be
  857  issued unless an amount equal to the debt service coming due in
  858  the year of issuance has been appropriated by the Legislature.
  859  Not more than 58.25 percent of documentary stamp taxes collected
  860  may be taken into account for the purpose of satisfying an
  861  additional bonds test set forth in any authorizing resolution
  862  for bonds issued on or after July 1, 2015. Beginning July 1,
  863  2010, the Legislature shall analyze the ratio of the state’s
  864  debt to projected revenues before authorizing the issuance of
  865  bonds under this section.
  866         (2) The state covenants with the holders of Everglades
  867  restoration bonds that it will not take any action that will
  868  materially and adversely affect the rights of the holders so
  869  long as the bonds are outstanding, including, but not limited
  870  to, a reduction in the portion of documentary stamp taxes
  871  distributable under s. 205.15 s. 201.15(1) for payment of debt
  872  service on Preservation 2000 bonds, Florida Forever bonds, or
  873  Everglades restoration bonds.
  874         (3) Everglades restoration bonds are payable from, and
  875  secured by a first lien on, taxes distributable under s. 201.15
  876  s. 201.15(1)(b) and do not constitute a general obligation of,
  877  or a pledge of the full faith and credit of, the state.
  878  Everglades restoration bonds shall be secured on a parity basis
  879  with Florida Forever bonds issued pursuant to s. 215.618 secured
  880  by moneys distributable under s. 201.15(1)(a).
  881         Section 14. Subsection (5) of section 253.027, Florida
  882  Statutes, is amended to read:
  883         253.027 Emergency archaeological property acquisition.—
  884         (5) ACCOUNT EXPENDITURES.—
  885         (a) No moneys shall be spent for the acquisition of any
  886  property, including title works, appraisal fees, and survey
  887  costs, unless:
  888         1. The property is an archaeological property of major
  889  statewide significance.
  890         2. The structures, artifacts, or relics, or their historic
  891  significance, will be irretrievably lost if the state cannot
  892  acquire the property.
  893         3. The site is presently on an acquisition list for
  894  Conservation and Recreation Lands or for Florida Forever lands,
  895  or complies with the criteria for inclusion on any such list,
  896  but has yet to be included on the list.
  897         4. No other source of immediate funding is available to
  898  purchase or otherwise protect the property.
  899         5. The site is not otherwise protected by local, state, or
  900  federal laws.
  901         6. The acquisition is not inconsistent with the state
  902  comprehensive plan and the state land acquisition program.
  903         (b) No moneys shall be spent from the account for
  904  excavation or restoration of the properties acquired. Funds may
  905  be spent for preliminary surveys to determine if the sites meet
  906  the criteria of this section. An amount not to exceed $100,000
  907  may also be spent from the account to inventory and evaluate
  908  archaeological and historic resources on properties purchased,
  909  or proposed for purchase, pursuant to s. 259.105(3)(b) s.
  910  259.032.
  911         Section 15. Subsection (12) of section 253.03, Florida
  912  Statutes, is amended to read:
  913         253.03 Board of trustees to administer state lands; lands
  914  enumerated.—
  915         (12) The Board of Trustees of the Internal Improvement
  916  Trust Fund is hereby authorized to administer, manage, control,
  917  conserve, protect, and sell all real property forfeited to the
  918  state pursuant to ss. 895.01-895.09 or acquired by the state
  919  pursuant to s. 607.0505 or former s. 620.192. The board is
  920  directed to immediately determine the value of all such property
  921  and shall ascertain whether the property is in any way
  922  encumbered. If the board determines that it is in the best
  923  interest of the state to do so, funds from the Internal
  924  Improvement Trust Fund may be used to satisfy any such
  925  encumbrances. If forfeited property receipts are not sufficient
  926  to satisfy encumbrances on the property and expenses permitted
  927  under this section, funds from another appropriate the Land
  928  Acquisition trust fund may be used to satisfy any such
  929  encumbrances and expenses. All property acquired by the board
  930  pursuant to s. 607.0505, former s. 620.192, or ss. 895.01-895.09
  931  shall be sold as soon as commercially feasible unless the
  932  Attorney General recommends and the board determines that
  933  retention of the property in public ownership would effectuate
  934  one or more of the following policies of statewide significance:
  935  protection or enhancement of floodplains, marshes, estuaries,
  936  lakes, rivers, wilderness areas, wildlife areas, wildlife
  937  habitat, or other environmentally sensitive natural areas or
  938  ecosystems; or preservation of significant archaeological or
  939  historical sites identified by the Secretary of State. In such
  940  event the property shall remain in the ownership of the board,
  941  to be controlled, managed, and disposed of in accordance with
  942  this chapter, and the Internal Improvement Trust Fund shall be
  943  reimbursed from the Land Acquisition Trust Fund, or other
  944  appropriate fund designated by the board, for any funds expended
  945  from the Internal Improvement Trust Fund pursuant to this
  946  subsection in regard to such property. Upon the recommendation
  947  of the Attorney General, the board may reimburse the
  948  investigative agency for its investigative expenses, costs, and
  949  attorneys’ fees, and may reimburse law enforcement agencies for
  950  actual expenses incurred in conducting investigations leading to
  951  the forfeiture of such property from funds deposited in the
  952  Internal Improvement Trust Fund of the Department of
  953  Environmental Protection. The proceeds of the sale of property
  954  acquired under s. 607.0505, former s. 620.192, or ss. 895.01
  955  895.09 shall be distributed as follows:
  956         (a) After satisfaction of any valid claims arising under
  957  the provisions of s. 895.09(1)(a) or (b), any moneys used to
  958  satisfy encumbrances and expended as costs of administration,
  959  appraisal, management, conservation, protection, sale, and real
  960  estate sales services and any interest earnings lost to the Land
  961  Acquisition trust fund that was used as of a date certified by
  962  the Department of Environmental Protection shall be replaced
  963  first in the Land Acquisition trust fund that was used to
  964  satisfy any such encumbrance or expense, if those funds were
  965  used, and then in the Internal Improvement Trust Fund; and
  966         (b) The remainder shall be distributed as set forth in s.
  967  895.09.
  968         Section 16. Subsection (3), paragraphs (a) and (k) through
  969  (n) of subsection (6), and subsections (10) and (11) of section
  970  253.034, Florida Statutes, are amended to read:
  971         253.034 State-owned lands; uses.—
  972         (3) Recognizing In recognition that recreational trails
  973  purchased with rails-to-trails funds pursuant to former s.
  974  259.101(3)(g), Florida Statutes 2014, or s. 259.105(3)(h) have
  975  had historic transportation uses and that their linear character
  976  may extend many miles, the Legislature intends that if when the
  977  necessity arises to serve public needs, after balancing the need
  978  to protect trail users from collisions with automobiles and a
  979  preference for the use of overpasses and underpasses to the
  980  greatest extent feasible and practical, transportation uses
  981  shall be allowed to cross recreational trails purchased pursuant
  982  to former s. 259.101(3)(g), Florida Statutes 2014, or s.
  983  259.105(3)(h). When these crossings are needed, the location and
  984  design should consider and mitigate the impact on humans and
  985  environmental resources, and the value of the land shall be paid
  986  based on fair market value.
  987         (6) The Board of Trustees of the Internal Improvement Trust
  988  Fund shall determine which lands, the title to which is vested
  989  in the board, may be surplused. For conservation lands, the
  990  board shall determine whether the lands are no longer needed for
  991  conservation purposes and may dispose of them by an affirmative
  992  vote of at least three members. In the case of a land exchange
  993  involving the disposition of conservation lands, the board must
  994  determine by an affirmative vote of at least three members that
  995  the exchange will result in a net positive conservation benefit.
  996  For all other lands, the board shall determine whether the lands
  997  are no longer needed and may dispose of them by an affirmative
  998  vote of at least three members.
  999         (a) For the purposes of this subsection, all lands acquired
 1000  by the state before July 1, 1999, using proceeds from
 1001  Preservation 2000 bonds, the former Conservation and Recreation
 1002  Lands Trust Fund, the former Water Management Lands Trust Fund,
 1003  Environmentally Endangered Lands Program, and the Save Our Coast
 1004  Program and titled to the board which are identified as core
 1005  parcels or within original project boundaries are deemed to have
 1006  been acquired for conservation purposes.
 1007         (k) Proceeds from the any sale of surplus conservation
 1008  lands purchased before July 1, 2015, pursuant to this subsection
 1009  shall be deposited into the Florida Forever Trust Fund from
 1010  which such lands were acquired.
 1011         (l) Proceeds from the sale of surplus conservation lands
 1012  purchased on or after July 1, 2015, shall be deposited into the
 1013  Land Acquisition Trust Fund, except when such lands were
 1014  purchased with funds other than those from the Land Acquisition
 1015  Trust Fund or a land acquisition trust fund created to implement
 1016  s. 28, Art. X of the State Constitution, the proceeds shall be
 1017  deposited into the fund from which the lands were purchased
 1018  However, if the fund from which the lands were originally
 1019  acquired no longer exists, such proceeds shall be deposited into
 1020  an appropriate account to be used for land management by the
 1021  lead managing agency assigned the lands before the lands were
 1022  declared surplus.
 1023         (m) Funds received from the sale of surplus nonconservation
 1024  lands, or lands that were acquired by gift, by donation, or for
 1025  no consideration, shall be deposited into the Internal
 1026  Improvement Trust Fund.
 1027         (n)(l) Notwithstanding this subsection, such disposition of
 1028  land may not be made if it would have the effect of causing all
 1029  or any portion of the interest on any revenue bonds issued to
 1030  lose the exclusion from gross income for federal income tax
 1031  purposes.
 1032         (o)(m) The sale of filled, formerly submerged land that
 1033  does not exceed 5 acres in area is not subject to review by the
 1034  council or its successor.
 1035         (p)(n) The board may adopt rules to administer this section
 1036  which may include procedures for administering surplus land
 1037  requests and criteria for when the division may approve requests
 1038  to surplus nonconservation lands on behalf of the board.
 1039         (10) The following additional uses of conservation lands
 1040  acquired pursuant to the Florida Forever program and other
 1041  state-funded conservation land purchase programs shall be
 1042  authorized, upon a finding by the board of trustees, if they
 1043  meet the criteria specified in paragraphs (a)-(e): water
 1044  resource development projects, water supply development
 1045  projects, stormwater management projects, linear facilities, and
 1046  sustainable agriculture and forestry. Such additional uses are
 1047  authorized where:
 1048         (a) Not inconsistent with the management plan for such
 1049  lands;
 1050         (b) Compatible with the natural ecosystem and resource
 1051  values of such lands;
 1052         (c) The proposed use is appropriately located on such lands
 1053  and where due consideration is given to the use of other
 1054  available lands;
 1055         (d) The using entity reasonably compensates the titleholder
 1056  for such use based upon an appropriate measure of value; and
 1057         (e) The use is consistent with the public interest.
 1058  
 1059  A decision by the board of trustees pursuant to this section
 1060  shall be given a presumption of correctness. Moneys received
 1061  from the use of state lands pursuant to this section shall be
 1062  returned to the lead managing entity in accordance with s.
 1063  259.032(9)(c) the provisions of s. 259.032(11)(c).
 1064         (11) Lands listed as projects for acquisition may be
 1065  managed for conservation pursuant to s. 259.032, on an interim
 1066  basis by a private party in anticipation of a state purchase in
 1067  accordance with a contractual arrangement between the acquiring
 1068  agency and the private party that may include management service
 1069  contracts, leases, cost-share arrangements or resource
 1070  conservation agreements. Lands designated as eligible under this
 1071  subsection shall be managed to maintain or enhance the resources
 1072  the state is seeking to protect by acquiring the land. Funding
 1073  for these contractual arrangements may originate from the
 1074  documentary stamp tax revenue deposited into the Land
 1075  Acquisition Conservation and Recreation Lands Trust Fund and
 1076  Water Management Lands Trust Fund. No more than $6.2 million may
 1077  be expended from the Land Acquisition Trust Fund 5 percent of
 1078  funds allocated under the trust funds shall be expended for this
 1079  purpose.
 1080         Section 17. Section 253.7824, Florida Statutes, is amended
 1081  to read:
 1082         253.7824 Sale of products; proceeds.—The department may
 1083  authorize the removal and sale of products from the land where
 1084  environmentally appropriate, the proceeds from which shall be
 1085  deposited into the appropriate in the Land Acquisition trust
 1086  fund in accordance with the same disposition provided under s.
 1087  253.034(6)(k), (l), or (m) applicable to the sale of land.
 1088         Section 18. Paragraph (b) of subsection (3) of section
 1089  258.015, Florida Statutes, is amended to read:
 1090         258.015 Citizen support organizations; use of property;
 1091  audit.—
 1092         (3) PARTNERSHIPS IN PARKS.—
 1093         (b) The Legislature may annually appropriate funds from the
 1094  Land Acquisition Trust Fund for use only as state matching
 1095  funds, in conjunction with private donations in aggregates of at
 1096  least $60,000 matched by $40,000 of state funds for a total
 1097  minimum project amount of $100,000 for capital improvement
 1098  facility development at state parks, at either individually
 1099  designated parks or for priority projects within the overall
 1100  state park system. Not more than 30 percent of the Land
 1101  Acquisition Trust Fund unencumbered fund balance or $3 million,
 1102  whichever is less, shall be reserved, available annually for
 1103  matching private donations. The amount held in reserve for the
 1104  state match will be no greater than $6 million for any fiscal
 1105  year. State funds from the Land Acquisition Trust Fund or other
 1106  appropriate funding sources shall be used for matching private
 1107  donations for 40 percent of the projects’ costs. Funds held in
 1108  reserve for the purposes of this subsection shall be available
 1109  only after the requirements of s. 375.041(4) s. 375.041(3) are
 1110  met. Citizen support organizations organized and operating for
 1111  the benefit of state parks may acquire private donations
 1112  pursuant to this section, and matching state funds for approved
 1113  projects may be provided in accordance with this subsection. The
 1114  department is authorized to properly recognize and honor a
 1115  private donor by placing a plaque or other appropriate
 1116  designation noting the contribution on project facilities or by
 1117  naming project facilities after the person or organization that
 1118  provided matching funds. The department is authorized to adopt
 1119  necessary administrative rules to carry out the purposes of this
 1120  subsection.
 1121         Section 19. Subsections (1) and (2) of section 258.435,
 1122  Florida Statutes, are amended to read:
 1123         258.435 Use of aquatic preserves for the accommodation of
 1124  visitors.—
 1125         (1) The Department of Environmental Protection shall
 1126  promote the public use of aquatic preserves and their associated
 1127  uplands. The department may receive gifts and donations to carry
 1128  out the purpose of this part. Moneys received in trust by the
 1129  department by gift, devise, appropriation, or otherwise, subject
 1130  to the terms of such trust, shall be deposited into the Grants
 1131  and Donations Land Acquisition Trust Fund and appropriated to
 1132  the department for the administration, development, improvement,
 1133  promotion, and maintenance of aquatic preserves and their
 1134  associated uplands and for any future acquisition or development
 1135  of aquatic preserves and their associated uplands.
 1136         (2) The department may grant a privilege or concession for
 1137  the accommodation of visitors in and use of aquatic preserves
 1138  and their associated state-owned uplands if the privilege or
 1139  concession does not deny or interfere with the public’s access
 1140  to such lands and is compatible with the aquatic preserve’s
 1141  management plan as approved by the Acquisition and Restoration
 1142  Council. Moneys received by the department under this subsection
 1143  shall be deposited into the Internal Improvement Trust Fund. A
 1144  concession must be granted based on business plans,
 1145  qualifications, approach, and specified expectations or
 1146  criteria. A privilege or concession may not be assigned or
 1147  transferred by the grantee without the consent of the
 1148  department.
 1149         Section 20. Section 259.032, Florida Statutes, is amended
 1150  to read:
 1151         259.032 Conservation and recreation lands Trust Fund;
 1152  purpose.—
 1153         (1) It is the policy of the state that the citizens of this
 1154  state shall be assured public ownership of natural areas for
 1155  purposes of maintaining this state’s unique natural resources;
 1156  protecting air, land, and water quality; promoting water
 1157  resource development to meet the needs of natural systems and
 1158  citizens of this state; promoting restoration activities on
 1159  public lands; and providing lands for natural resource based
 1160  recreation. In recognition of this policy, it is the intent of
 1161  the Legislature to provide such public lands for the people
 1162  residing in urban and metropolitan areas of the state, as well
 1163  as those residing in less populated, rural areas. It is the
 1164  further intent of the Legislature, with regard to the lands
 1165  described in paragraph (2)(c) (3)(c), that a high priority be
 1166  given to the acquisition, restoration, and management of such
 1167  lands in or near counties exhibiting the greatest concentration
 1168  of population and, with regard to the lands described in
 1169  subsection (2) (3), that a high priority be given to acquiring
 1170  lands or rights or interests in lands that advance the goals and
 1171  objectives of the Fish and Wildlife Conservation Commission’s
 1172  approved species or habitat recovery plans, or lands within any
 1173  area designated as an area of critical state concern under s.
 1174  380.05 which, in the judgment of the advisory council
 1175  established pursuant to s. 259.035, or its successor, cannot be
 1176  adequately protected by application of land development
 1177  regulations adopted pursuant to s. 380.05. Finally, it is the
 1178  Legislature’s intent that lands acquired for conservation and
 1179  recreation purposes through this program and any successor
 1180  programs be managed in such a way as to protect or restore their
 1181  natural resource values, and provide the greatest benefit,
 1182  including public access, to the citizens of this state.
 1183         (2)(a) The Conservation and Recreation Lands Trust Fund is
 1184  established within the Department of Environmental Protection.
 1185  The fund shall be used as a nonlapsing, revolving fund
 1186  exclusively for the purposes of this section. The fund shall be
 1187  credited with proceeds from the following excise taxes:
 1188         1. The excise taxes on documents as provided in s. 201.15;
 1189  and
 1190         2. The excise tax on the severance of phosphate rock as
 1191  provided in s. 211.3103.
 1192  
 1193  The Department of Revenue shall credit to the fund each month
 1194  the proceeds from such taxes as provided in this paragraph.
 1195         (b) There shall annually be transferred from the
 1196  Conservation and Recreation Lands Trust Fund to the Land
 1197  Acquisition Trust Fund that amount, not to exceed $20 million
 1198  annually, as shall be necessary to pay the debt service on, or
 1199  fund debt service reserve funds, rebate obligations, or other
 1200  amounts with respect to bonds issued pursuant to s. 375.051 to
 1201  acquire lands on the established priority list developed
 1202  pursuant to ss. 259.101(4) and 259.105; however, no moneys
 1203  transferred to the Land Acquisition Trust Fund pursuant to this
 1204  paragraph, or earnings thereon, shall be used or made available
 1205  to pay debt service on the Save Our Coast revenue bonds. Amounts
 1206  transferred annually from the Conservation and Recreation Lands
 1207  Trust Fund to the Land Acquisition Trust Fund pursuant to this
 1208  paragraph shall have the highest priority over other payments or
 1209  transfers from the Conservation and Recreation Lands Trust Fund,
 1210  and no other payments or transfers shall be made from the
 1211  Conservation and Recreation Lands Trust Fund until such
 1212  transfers to the Land Acquisition Trust Fund have been made.
 1213  Moneys in the Conservation and Recreation Lands Trust Fund also
 1214  shall be used to manage lands and to pay for related costs,
 1215  activities, and functions pursuant to the provisions of this
 1216  section.
 1217         (2)(3) The Governor and Cabinet, sitting as the Board of
 1218  Trustees of the Internal Improvement Trust Fund, may expend
 1219  allocate moneys appropriated by the Legislature from the fund in
 1220  any one year to acquire the fee or any lesser interest in lands
 1221  for the following public purposes:
 1222         (a) To conserve and protect environmentally unique and
 1223  irreplaceable lands that contain native, relatively unaltered
 1224  flora and fauna representing a natural area unique to, or scarce
 1225  within, a region of this state or a larger geographic area;
 1226         (b) To conserve and protect lands within designated areas
 1227  of critical state concern, if the proposed acquisition relates
 1228  to the natural resource protection purposes of the designation;
 1229         (c) To conserve and protect native species habitat or
 1230  endangered or threatened species, emphasizing long-term
 1231  protection for endangered or threatened species designated G-1
 1232  or G-2 by the Florida Natural Areas Inventory, and especially
 1233  those areas that are special locations for breeding and
 1234  reproduction;
 1235         (d) To conserve, protect, manage, or restore important
 1236  ecosystems, landscapes, and forests, if the protection and
 1237  conservation of such lands is necessary to enhance or protect
 1238  significant surface water, groundwater, coastal, recreational,
 1239  timber, or fish or wildlife resources which cannot otherwise be
 1240  accomplished through local and state regulatory programs;
 1241         (e) To promote water resource development that benefits
 1242  natural systems and citizens of the state;
 1243         (f) To facilitate the restoration and subsequent health and
 1244  vitality of the Florida Everglades;
 1245         (g) To provide areas, including recreational trails, for
 1246  natural resource based recreation and other outdoor recreation
 1247  on any part of any site compatible with conservation purposes;
 1248         (h) To preserve significant archaeological or historic
 1249  sites;
 1250         (i) To conserve urban open spaces suitable for greenways or
 1251  outdoor recreation which are compatible with conservation
 1252  purposes; or
 1253         (j) To preserve agricultural lands under threat of
 1254  conversion to development through less-than-fee acquisitions.
 1255         (3)(4) Lands acquired for conservation and recreation
 1256  purposes under this section shall be for use as state-designated
 1257  parks, recreation areas, preserves, reserves, historic or
 1258  archaeological sites, geologic or botanical sites, recreational
 1259  trails, forests, wilderness areas, wildlife management areas,
 1260  urban open space, or other state-designated recreation or
 1261  conservation lands; or they shall qualify for such state
 1262  designation and use if they are to be managed by other
 1263  governmental agencies or nonstate entities as provided for in
 1264  this section.
 1265         (4)(5) The board of trustees may expend funds appropriated
 1266  by the Legislature allocate, in any year, an amount not to
 1267  exceed 5 percent of the money credited to the fund in that year,
 1268  such allocation to be used for the initiation and maintenance of
 1269  a natural areas inventory to aid in the identification of areas
 1270  to be acquired for conservation and recreation purposes pursuant
 1271  to this section.
 1272         (6) Moneys in the fund not needed to meet obligations
 1273  incurred under this section shall be deposited with the Chief
 1274  Financial Officer to the credit of the fund and may be invested
 1275  in the manner provided by law. Interest received on such
 1276  investments shall be credited to the Conservation and Recreation
 1277  Lands Trust Fund.
 1278         (5)(7) The board of trustees may enter into any contract
 1279  necessary to accomplish the purposes of this section. The lead
 1280  land managing agencies designated by the board of trustees also
 1281  are directed by the Legislature to enter into contracts or
 1282  interagency agreements with other governmental entities,
 1283  including local soil and water conservation districts, or
 1284  private land managers who have the expertise to perform specific
 1285  management activities which a lead agency lacks, or which would
 1286  cost more to provide in-house. Such activities shall include,
 1287  but not be limited to, controlled burning, road and ditch
 1288  maintenance, mowing, and wildlife assessments.
 1289         (6)(8)Conservation and recreation lands to be considered
 1290  for purchase under this section are subject to the selection
 1291  procedures of s. 259.035 and related rules and shall be acquired
 1292  in accordance with acquisition procedures for state lands
 1293  provided for in s. 259.041, except as otherwise provided by the
 1294  Legislature. An inholding or an addition to conservation and
 1295  recreation lands a project selected for purchase pursuant to
 1296  this chapter is not subject to the selection procedures of s.
 1297  259.035 if the estimated value of such inholding or addition
 1298  does not exceed $500,000. When at least 90 percent of the
 1299  acreage of a project has been purchased for conservation and
 1300  recreation purposes pursuant to this chapter, the project may be
 1301  removed from the list and the remaining acreage may continue to
 1302  be purchased. Funds appropriated to acquire conservation and
 1303  recreation lands Moneys from the fund may be used for title
 1304  work, appraisal fees, environmental audits, and survey costs
 1305  related to acquisition expenses for lands to be acquired,
 1306  donated, or exchanged which qualify under the categories of this
 1307  section, at the discretion of the board. When the Legislature
 1308  has authorized the Department of Environmental Protection to
 1309  condemn a specific parcel of land and such parcel has already
 1310  been approved for acquisition under this section, the land may
 1311  be acquired in accordance with the provisions of chapter 73 or
 1312  chapter 74, and the funds appropriated to acquire conservation
 1313  and recreation lands fund may be used to pay the condemnation
 1314  award and all costs, including a reasonable attorney fees
 1315  attorney’s fee, associated with condemnation.
 1316         (7)(9) All lands managed under this chapter and s. 253.034
 1317  shall be:
 1318         (a) Managed in a manner that will provide the greatest
 1319  combination of benefits to the public and to the resources.
 1320         (b) Managed for public outdoor recreation which is
 1321  compatible with the conservation and protection of public lands.
 1322  Such management may include, but not be limited to, the
 1323  following public recreational uses: fishing, hunting, camping,
 1324  bicycling, hiking, nature study, swimming, boating, canoeing,
 1325  horseback riding, diving, model hobbyist activities, birding,
 1326  sailing, jogging, and other related outdoor activities
 1327  compatible with the purposes for which the lands were acquired.
 1328         (c) Managed for the purposes for which the lands were
 1329  acquired, consistent with paragraph (9)(a) (11)(a).
 1330         (d) Concurrent with its adoption of the annual Conservation
 1331  and Recreation Lands list of acquisition projects pursuant to s.
 1332  259.035, the board of trustees shall adopt a management
 1333  prospectus for each project. The management prospectus shall
 1334  delineate:
 1335         1. The management goals for the property;
 1336         2. The conditions that will affect the intensity of
 1337  management;
 1338         3. An estimate of the revenue-generating potential of the
 1339  property, if appropriate;
 1340         4. A timetable for implementing the various stages of
 1341  management and for providing access to the public, if
 1342  applicable;
 1343         5. A description of potential multiple-use activities as
 1344  described in this section and s. 253.034;
 1345         6. Provisions for protecting existing infrastructure and
 1346  for ensuring the security of the project upon acquisition;
 1347         7. The anticipated costs of management and projected
 1348  sources of revenue, including legislative appropriations, to
 1349  fund management needs; and
 1350         8. Recommendations as to how many employees will be needed
 1351  to manage the property, and recommendations as to whether local
 1352  governments, volunteer groups, the former landowner, or other
 1353  interested parties can be involved in the management.
 1354         (e) Concurrent with the approval of the acquisition
 1355  contract pursuant to s. 259.041(3)(c) for any interest in lands
 1356  except those lands being acquired under the provisions of s.
 1357  259.1052, the board of trustees shall designate an agency or
 1358  agencies to manage such lands. The board shall evaluate and
 1359  amend, as appropriate, the management policy statement for the
 1360  project as provided by s. 259.035, consistent with the purposes
 1361  for which the lands are acquired. For any fee simple acquisition
 1362  of a parcel which is or will be leased back for agricultural
 1363  purposes, or any acquisition of a less-than-fee interest in land
 1364  that is or will be used for agricultural purposes, the Board of
 1365  Trustees of the Internal Improvement Trust Fund shall first
 1366  consider having a soil and water conservation district, created
 1367  pursuant to chapter 582, manage and monitor such interests.
 1368         (f) State agencies designated to manage lands acquired
 1369  under this chapter or with funds deposited into the Land
 1370  Acquisition Trust Fund, except those lands acquired under s.
 1371  259.1052, may contract with local governments and soil and water
 1372  conservation districts to assist in management activities,
 1373  including the responsibility of being the lead land manager.
 1374  Such land management contracts may include a provision for the
 1375  transfer of management funding to the local government or soil
 1376  and water conservation district from the land acquisition
 1377  Conservation and Recreation Lands trust fund of the lead land
 1378  managing agency in an amount adequate for the local government
 1379  or soil and water conservation district to perform its
 1380  contractual land management responsibilities and proportionate
 1381  to its responsibilities, and which otherwise would have been
 1382  expended by the state agency to manage the property.
 1383         (g) Immediately following the acquisition of any interest
 1384  in conservation and recreation lands under this chapter, the
 1385  Department of Environmental Protection, acting on behalf of the
 1386  board of trustees, may issue to the lead managing entity an
 1387  interim assignment letter to be effective until the execution of
 1388  a formal lease.
 1389         (8)(10)(a) State, regional, or local governmental agencies
 1390  or private entities designated to manage lands under this
 1391  section shall develop and adopt, with the approval of the board
 1392  of trustees, an individual management plan for each project
 1393  designed to conserve and protect such lands and their associated
 1394  natural resources. Private sector involvement in management plan
 1395  development may be used to expedite the planning process.
 1396         (b) Individual management plans required by s. 253.034(5),
 1397  for parcels over 160 acres, shall be developed with input from
 1398  an advisory group. Members of this advisory group shall include,
 1399  at a minimum, representatives of the lead land managing agency,
 1400  comanaging entities, local private property owners, the
 1401  appropriate soil and water conservation district, a local
 1402  conservation organization, and a local elected official. The
 1403  advisory group shall conduct at least one public hearing within
 1404  the county in which the parcel or project is located. For those
 1405  parcels or projects that are within more than one county, at
 1406  least one areawide public hearing shall be acceptable and the
 1407  lead managing agency shall invite a local elected official from
 1408  each county. The areawide public hearing shall be held in the
 1409  county in which the core parcels are located. Notice of such
 1410  public hearing shall be posted on the parcel or project
 1411  designated for management, advertised in a paper of general
 1412  circulation, and announced at a scheduled meeting of the local
 1413  governing body before the actual public hearing. The management
 1414  prospectus required pursuant to paragraph (7)(d) (9)(d) shall be
 1415  available to the public for a period of 30 days prior to the
 1416  public hearing.
 1417         (c) Once a plan is adopted, the managing agency or entity
 1418  shall update the plan at least every 10 years in a form and
 1419  manner prescribed by rule of the board of trustees. Such
 1420  updates, for parcels over 160 acres, shall be developed with
 1421  input from an advisory group. Such plans may include transfers
 1422  of leasehold interests to appropriate conservation organizations
 1423  or governmental entities designated by the Land Acquisition and
 1424  Management Advisory Council or its successor, for uses
 1425  consistent with the purposes of the organizations and the
 1426  protection, preservation, conservation, restoration, and proper
 1427  management of the lands and their resources. Volunteer
 1428  management assistance is encouraged, including, but not limited
 1429  to, assistance by youths participating in programs sponsored by
 1430  state or local agencies, by volunteers sponsored by
 1431  environmental or civic organizations, and by individuals
 1432  participating in programs for committed delinquents and adults.
 1433         (d)1. For each project for which lands are acquired after
 1434  July 1, 1995, an individual management plan shall be adopted and
 1435  in place no later than 1 year after the essential parcel or
 1436  parcels identified in the priority list developed pursuant to s.
 1437  259.105 ss. 259.101(4) and 259.105 have been acquired. The
 1438  Department of Environmental Protection shall distribute only 75
 1439  percent of the acquisition funds to which a budget entity or
 1440  water management district would otherwise be entitled from the
 1441  Preservation 2000 Trust Fund to any budget entity or any water
 1442  management district that has more than one-third of its
 1443  management plans overdue.
 1444         2. The requirements of subparagraph 1. do not apply to the
 1445  individual management plan for the Babcock Crescent B Ranch
 1446  being acquired pursuant to s. 259.1052. The management plan for
 1447  the ranch shall be adopted and in place no later than 2 years
 1448  following the date of acquisition by the state.
 1449         (e) Individual management plans shall conform to the
 1450  appropriate policies and guidelines of the state land management
 1451  plan and shall include, but not be limited to:
 1452         1. A statement of the purpose for which the lands were
 1453  acquired, the projected use or uses as defined in s. 253.034,
 1454  and the statutory authority for such use or uses.
 1455         2. Key management activities necessary to achieve the
 1456  desired outcomes, including, but not limited to, providing
 1457  public access, preserving and protecting natural resources,
 1458  protecting cultural and historical resources, restoring habitat,
 1459  protecting threatened and endangered species, controlling the
 1460  spread of nonnative plants and animals, performing prescribed
 1461  fire activities, and other appropriate resource management.
 1462         3. A specific description of how the managing agency plans
 1463  to identify, locate, protect, and preserve, or otherwise use
 1464  fragile, nonrenewable natural and cultural resources.
 1465         4. A priority schedule for conducting management
 1466  activities, based on the purposes for which the lands were
 1467  acquired.
 1468         5. A cost estimate for conducting priority management
 1469  activities, to include recommendations for cost-effective
 1470  methods of accomplishing those activities.
 1471         6. A cost estimate for conducting other management
 1472  activities which would enhance the natural resource value or
 1473  public recreation value for which the lands were acquired. The
 1474  cost estimate shall include recommendations for cost-effective
 1475  methods of accomplishing those activities.
 1476         7. A determination of the public uses and public access
 1477  that would be consistent with the purposes for which the lands
 1478  were acquired.
 1479         (f) The Division of State Lands shall submit a copy of each
 1480  individual management plan for parcels which exceed 160 acres in
 1481  size to each member of the Acquisition and Restoration Council,
 1482  which shall:
 1483         1. Within 60 days after receiving a plan from the division,
 1484  review each plan for compliance with the requirements of this
 1485  subsection and with the requirements of the rules established by
 1486  the board pursuant to this subsection.
 1487         2. Consider the propriety of the recommendations of the
 1488  managing agency with regard to the future use or protection of
 1489  the property.
 1490         3. After its review, submit the plan, along with its
 1491  recommendations and comments, to the board of trustees, with
 1492  recommendations as to whether to approve the plan as submitted,
 1493  approve the plan with modifications, or reject the plan.
 1494         (g) The board of trustees shall consider the individual
 1495  management plan submitted by each state agency and the
 1496  recommendations of the Acquisition and Restoration Council and
 1497  the Division of State Lands and shall approve the plan with or
 1498  without modification or reject such plan. The use or possession
 1499  of any lands owned by the board of trustees which is not in
 1500  accordance with an approved individual management plan is
 1501  subject to termination by the board of trustees.
 1502  
 1503  By July 1 of each year, each governmental agency and each
 1504  private entity designated to manage lands shall report to the
 1505  Secretary of Environmental Protection on the progress of
 1506  funding, staffing, and resource management of every project for
 1507  which the agency or entity is responsible.
 1508         (9)(11)(a) The Legislature recognizes that acquiring lands
 1509  pursuant to this chapter serves the public interest by
 1510  protecting land, air, and water resources which contribute to
 1511  the public health and welfare, providing areas for natural
 1512  resource based recreation, and ensuring the survival of unique
 1513  and irreplaceable plant and animal species. The Legislature
 1514  intends for these lands to be managed and maintained for the
 1515  purposes for which they were acquired and for the public to have
 1516  access to and use of these lands where it is consistent with
 1517  acquisition purposes and would not harm the resources the state
 1518  is seeking to protect on the public’s behalf.
 1519         (b) An amount of not less than 1.5 percent of the
 1520  cumulative total of funds ever deposited into the Florida
 1521  Preservation 2000 Trust Fund and the Florida Forever Trust Fund
 1522  shall be made available for the purposes of management,
 1523  maintenance, and capital improvements not eligible for funding
 1524  pursuant to s. 11(e), Art. VII of the State Constitution, and
 1525  for associated contractual services, for conservation and
 1526  recreation lands acquired with funds deposited into the Land
 1527  Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State
 1528  Constitution or pursuant to former s. 259.032, Florida Statutes
 1529  2014 this section, former s. 259.101, Florida Statutes 2014, s.
 1530  259.105, s. 259.1052, or previous programs for the acquisition
 1531  of lands for conservation and recreation, including state
 1532  forests, to which title is vested in the board of trustees and
 1533  other conservation and recreation lands managed by a state
 1534  agency. Of this amount, $250,000 shall be transferred annually
 1535  to the Plant Industry Trust Fund within the Department of
 1536  Agriculture and Consumer Services for the purpose of
 1537  implementing the Endangered or Threatened Native Flora
 1538  Conservation Grants Program pursuant to s. 581.185(11). Each
 1539  agency with management responsibilities shall annually request
 1540  from the Legislature funds sufficient to fulfill such
 1541  responsibilities to implement individual management plans. For
 1542  the purposes of this paragraph, capital improvements shall
 1543  include, but need not be limited to, perimeter fencing, signs,
 1544  firelanes, access roads and trails, and minimal public
 1545  accommodations, such as primitive campsites, garbage
 1546  receptacles, and toilets. Any equipment purchased with funds
 1547  provided pursuant to this paragraph may be used for the purposes
 1548  described in this paragraph on any conservation and recreation
 1549  lands managed by a state agency. The funding requirement created
 1550  in this paragraph is subject to an annual evaluation by the
 1551  Legislature in order to ensure that such requirement does not
 1552  impact the respective trust fund in a manner that would prevent
 1553  the trust fund from meeting other minimum requirements.
 1554         (c) All revenues generated through multiple-use management
 1555  or compatible secondary-use management shall be returned to the
 1556  lead agency responsible for such management and shall be used to
 1557  pay for management activities on all conservation, preservation,
 1558  and recreation lands under the agency’s jurisdiction. In
 1559  addition, such revenues shall be segregated in an agency trust
 1560  fund used for land management activities, other than a land
 1561  acquisition trust fund, and such revenues shall remain available
 1562  to the agency in subsequent fiscal years to support land
 1563  management appropriations. For the purposes of this paragraph,
 1564  compatible secondary-use management shall be those activities
 1565  described in subsection (7) (9) undertaken on parcels designated
 1566  as single use pursuant to s. 253.034(2)(b).
 1567         (d) Up to one-fifth of the funds appropriated for the
 1568  purposes identified provided for in paragraph (b) shall be
 1569  reserved by the board of trustees for interim management of
 1570  acquisitions and for associated contractual services, to ensure
 1571  the conservation and protection of natural resources on project
 1572  sites and to allow limited public recreational use of lands.
 1573  Interim management activities may include, but not be limited
 1574  to, resource assessments, control of invasive, nonnative
 1575  species, habitat restoration, fencing, law enforcement,
 1576  controlled burning, and public access consistent with
 1577  preliminary determinations made pursuant to paragraph (7)(g)
 1578  (9)(g). The board of trustees shall make these interim funds
 1579  available immediately upon purchase.
 1580         (e) The department shall set long-range and annual goals
 1581  for the control and removal of nonnative, invasive plant species
 1582  on public lands. Such goals shall differentiate between aquatic
 1583  plant species and upland plant species. In setting such goals,
 1584  the department may rank, in order of adverse impact, species
 1585  that impede or destroy the functioning of natural systems.
 1586  Notwithstanding paragraph (a), up to one-fourth of the funds
 1587  provided for in paragraph (b) may be used by the agencies
 1588  receiving those funds for control and removal of nonnative,
 1589  invasive species on public lands.
 1590         (f) For the 2014-2015 fiscal year only, moneys in the
 1591  Conservation and Recreation Lands Trust Fund may be transferred
 1592  to the Florida Forever Trust Fund for the Florida Forever
 1593  program and to the Save Our Everglades Trust Fund to support
 1594  Everglades restoration projects included in the final report of
 1595  the Select Committee on Indian River Lagoon and Lake Okeechobee
 1596  Basin, dated November 8, 2013, pursuant to nonoperating budget
 1597  authority under s. 216.181(12). This subsection expires July 1,
 1598  2015.
 1599         (10)(12)(a) Beginning July 1, 1999, the Legislature may
 1600  appropriate shall make available sufficient funds annually from
 1601  the Conservation and Recreation Lands trust fund to the
 1602  department for payment in lieu of taxes to qualifying counties
 1603  and local governments as defined in paragraph (b) for all actual
 1604  tax losses incurred as a result of board of trustees
 1605  acquisitions for state agencies under the Florida Forever
 1606  program or the former Florida Preservation 2000 program during
 1607  any year. Reserved funds not used for payments in lieu of taxes
 1608  in any year shall revert to the fund to be used for land
 1609  management in accordance with the provisions of this section.
 1610         (b) Payment in lieu of taxes shall be available:
 1611         1. To all counties that have a population of 150,000 or
 1612  fewer. Population levels shall be determined pursuant to s.
 1613  11.031.
 1614         2. To all local governments located in eligible counties.
 1615         3. To Glades County, where a privately owned and operated
 1616  prison leased to the state has recently been opened and where
 1617  privately owned and operated juvenile justice facilities leased
 1618  to the state have recently been constructed and opened, a
 1619  payment in lieu of taxes, in an amount that offsets the loss of
 1620  property tax revenue, which funds have already been appropriated
 1621  and allocated from the Department of Correction’s budget for the
 1622  purpose of reimbursing amounts equal to lost ad valorem taxes.
 1623         (c) If insufficient funds are available in any year to make
 1624  full payments to all qualifying counties and local governments,
 1625  such counties and local governments shall receive a pro rata
 1626  share of the moneys available.
 1627         (d) The payment amount shall be based on the average amount
 1628  of actual taxes paid on the property for the 3 years preceding
 1629  acquisition. Applications for payment in lieu of taxes shall be
 1630  made no later than January 31 of the year following acquisition.
 1631  No payment in lieu of taxes shall be made for properties which
 1632  were exempt from ad valorem taxation for the year immediately
 1633  preceding acquisition.
 1634         (e) If property which was subject to ad valorem taxation
 1635  was acquired by a tax-exempt entity for ultimate conveyance to
 1636  the state under this chapter, payment in lieu of taxes shall be
 1637  made for such property based upon the average amount of taxes
 1638  paid on the property for the 3 years before prior to its being
 1639  removed from the tax rolls. The department shall certify to the
 1640  Department of Revenue those properties that may be eligible
 1641  under this provision. Once eligibility has been established,
 1642  that county or local government shall receive annual payments
 1643  for each tax loss until the qualifying county or local
 1644  government exceeds the population threshold pursuant to this
 1645  section.
 1646         (f) Payment in lieu of taxes pursuant to this subsection
 1647  shall be made annually to qualifying counties and local
 1648  governments after certification by the Department of Revenue
 1649  that the amounts applied for are reasonably appropriate, based
 1650  on the amount of actual taxes paid on the eligible property.
 1651  With the assistance of the local government requesting payment
 1652  in lieu of taxes, the state agency that acquired the land is
 1653  responsible for preparing and submitting application requests
 1654  for payment to the Department of Revenue for certification.
 1655         (g) If the board of trustees conveys to a local government
 1656  title to any land owned by the board, any payments in lieu of
 1657  taxes on the land made to the local government shall be
 1658  discontinued as of the date of the conveyance.
 1659  
 1660  For the purposes of this subsection, “local government” includes
 1661  municipalities, the county school board, mosquito control
 1662  districts, and any other local government entity which levies ad
 1663  valorem taxes, with the exception of a water management
 1664  district.
 1665         (13) Moneys credited to the fund each year which are not
 1666  used for management, maintenance, or capital improvements
 1667  pursuant to subsection (11); for payment in lieu of taxes
 1668  pursuant to subsection (12); or for the purposes of subsection
 1669  (5), shall be available for the acquisition of land pursuant to
 1670  this section.
 1671         (11)(14) The board of trustees may adopt rules to further
 1672  define the categories of land for acquisition under this
 1673  chapter.
 1674         (12)(15) Within 90 days after receiving a certified letter
 1675  from the owner of a property on the Conservation and Recreation
 1676  Lands list or the priority list established pursuant to s.
 1677  259.105 objecting to the property being included in an
 1678  acquisition project, where such property is a project or part of
 1679  a project which has not been listed for purchase in the current
 1680  year’s land acquisition work plan, the board of trustees shall
 1681  delete the property from the list or from the boundary of an
 1682  acquisition project on the list.
 1683         Section 21. Subsections (3), (4), and (6) of section
 1684  259.035, Florida Statutes, are amended to read:
 1685         259.035 Acquisition and Restoration Council.—
 1686         (3) The council shall provide assistance to the board of
 1687  trustees in reviewing the recommendations and plans for state
 1688  owned lands required under s. 253.034 and this chapter ss.
 1689  253.034 and 259.032. The council shall, in reviewing such
 1690  recommendations and plans, consider the optimization of
 1691  multiple-use and conservation strategies to accomplish the
 1692  provisions funded pursuant to former s. 259.101(3)(a), Florida
 1693  Statutes 2014, and to s. 259.105(3)(b) ss. 259.101(3)(a) and
 1694  259.105(3)(b).
 1695         (4)(a) The council may use existing rules adopted by the
 1696  board of trustees, until it develops and recommends amendments
 1697  to those rules, to competitively evaluate, select, and rank
 1698  projects eligible for the Conservation and Recreation Lands list
 1699  pursuant to ss. 259.032(3) and 259.101(4).
 1700         (a)(b) By December 1, 2016 2009, the Acquisition and
 1701  Restoration Council shall develop rules defining specific
 1702  criteria and numeric performance measures needed for lands that
 1703  are to be acquired for public purpose under the Florida Forever
 1704  program pursuant to s. 259.105 or with funds deposited into the
 1705  Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the
 1706  State Constitution. Each recipient of Florida Forever funds
 1707  shall assist the council in the development of such rules. These
 1708  rules shall be reviewed and adopted by the board, then submitted
 1709  to the Legislature for consideration by February 1, 2017 2010.
 1710  The Legislature may reject, modify, or take no action relative
 1711  to the proposed rules. If no action is taken, the rules shall be
 1712  implemented. Subsequent to their approval, each recipient of
 1713  Florida Forever funds from the Land Acquisition Trust Fund shall
 1714  annually report to the Division of State Lands on each of the
 1715  numeric performance measures accomplished during the previous
 1716  fiscal year.
 1717         (b)(c) In developing or amending rules, the council shall
 1718  give weight to the criteria included in s. 259.105(9) (10). The
 1719  board of trustees shall review the recommendations and shall
 1720  adopt rules necessary to administer this section.
 1721         (6) The proposal for a project pursuant to this section or
 1722  s. 259.105(3)(b) may be implemented only if adopted by the
 1723  council and approved by the board of trustees. The council shall
 1724  consider and evaluate in writing the merits and demerits of each
 1725  project that is proposed for acquisition using funds available
 1726  pursuant to s. 28, Art. X of the State Constitution Conservation
 1727  and Recreation Lands, Florida Preservation 2000, or Florida
 1728  Forever funding and shall ensure that each proposed project
 1729  meets the requirements of s. 28, Art. X of the State
 1730  Constitution will meet a stated public purpose for the
 1731  restoration, conservation, or preservation of environmentally
 1732  sensitive lands and water areas or for providing outdoor
 1733  recreational opportunities. The council also shall determine
 1734  whether the project conforms, where applicable, with the
 1735  comprehensive plan developed pursuant to s. 259.04(1)(a), the
 1736  comprehensive multipurpose outdoor recreation plan developed
 1737  pursuant to s. 375.021, the state lands management plan adopted
 1738  pursuant to s. 253.03(7), the water resources work plans
 1739  developed pursuant to s. 373.199, and the provisions of s.
 1740  259.032, s. 259.101, or s. 259.105, whichever is applicable.
 1741         Section 22. Subsection (4) of section 259.036, Florida
 1742  Statutes, is amended to read:
 1743         259.036 Management review teams.—
 1744         (4) In the event a land management plan has not been
 1745  adopted within the timeframes specified in s. 259.032(8) s.
 1746  259.032(10), the department may direct a management review of
 1747  the property, to be conducted by the land management review
 1748  team. The review shall consider the extent to which the land is
 1749  being managed for the purposes for which it was acquired and the
 1750  degree to which actual management practices are in compliance
 1751  with the management policy statement and management prospectus
 1752  for that property.
 1753         Section 23. Paragraph (b) of subsection (3) of section
 1754  259.037, Florida Statutes, is amended to read:
 1755         259.037 Land Management Uniform Accounting Council.—
 1756         (3)
 1757         (b) Each reporting agency shall also:
 1758         1. Include a report of the available public use
 1759  opportunities for each management unit of state land, the total
 1760  management cost for public access and public use, and the cost
 1761  associated with each use option.
 1762         2. List the acres of land requiring minimal management
 1763  effort, moderate management effort, and significant management
 1764  effort pursuant to s. 259.032(9)(c) former s. 259.032(11)(c).
 1765  For each category created in paragraph (a), the reporting agency
 1766  shall include the amount of funds requested, the amount of funds
 1767  received, and the amount of funds expended for land management.
 1768         3. List acres managed and cost of management for each park,
 1769  preserve, forest, reserve, or management area.
 1770         4. List acres managed, cost of management, and lead manager
 1771  for each state lands management unit for which secondary
 1772  management activities were provided.
 1773         5. Include a report of the estimated calculable financial
 1774  benefits to the public for the ecosystem services provided by
 1775  conservation lands, based on the best readily available
 1776  information or science that provides a standard measurement
 1777  methodology to be consistently applied by the land managing
 1778  agencies. Such information may include, but need not be limited
 1779  to, the value of natural lands for protecting the quality and
 1780  quantity of drinking water through natural water filtration and
 1781  recharge, contributions to protecting and improving air quality,
 1782  benefits to agriculture through increased soil productivity and
 1783  preservation of biodiversity, and savings to property and lives
 1784  through flood control.
 1785         Section 24. Subsection (1) of section 259.04, Florida
 1786  Statutes, is amended to read:
 1787         259.04 Board; powers and duties.—
 1788         (1) For projects and acquisitions selected for purchase
 1789  pursuant to ss. 259.035, 259.101, and 259.105:
 1790         (a) The board is given the responsibility, authority, and
 1791  power to develop and execute a comprehensive, statewide 5-year
 1792  plan to conserve, restore, and protect environmentally
 1793  endangered lands, ecosystems, lands necessary for outdoor
 1794  recreational needs, and other lands as identified in ss.
 1795  259.032, 259.101, and 259.105. This plan shall be kept current
 1796  through continual reevaluation and revision. The advisory
 1797  council or its successor shall assist the board in the
 1798  development, reevaluation, and revision of the plan.
 1799         (b) The board may enter into contracts with the government
 1800  of the United States or any agency or instrumentality thereof;
 1801  the state or any county, municipality, district authority, or
 1802  political subdivision; or any private corporation, partnership,
 1803  association, or person providing for or relating to the
 1804  conservation or protection of certain lands in accomplishing the
 1805  purposes of this chapter.
 1806         (c) Within 45 days after the advisory council or its
 1807  successor submits the lists of projects to the board, the board
 1808  shall approve, in whole or in part, the lists of projects in the
 1809  order of priority in which such projects are presented. To the
 1810  greatest extent practicable, projects on the lists shall be
 1811  acquired in their approved order of priority.
 1812         (d) The board is authorized to acquire, by purchase, gift,
 1813  or devise or otherwise, the fee title or any lesser interest of
 1814  lands, water areas, and related resources for environmentally
 1815  endangered lands.
 1816         Section 25. Paragraphs (a) and (b) of subsection (11) and
 1817  subsection (15) of section 259.041, Florida Statutes, are
 1818  amended to read:
 1819         259.041 Acquisition of state-owned lands for preservation,
 1820  conservation, and recreation purposes.—
 1821         (11)(a) The Legislature finds that, with the increasing
 1822  pressures on the natural areas of this state and on open space
 1823  suitable for recreational use, the state must develop creative
 1824  techniques to maximize the use of acquisition and management
 1825  funds. The Legislature also finds that the state’s conservation
 1826  and recreational land acquisition agencies should be encouraged
 1827  to augment their traditional, fee simple acquisition programs
 1828  with the use of alternatives to fee simple acquisition
 1829  techniques. Additionally, the Legislature finds that generations
 1830  of private landowners have been good stewards of their land,
 1831  protecting or restoring native habitats and ecosystems to the
 1832  benefit of the natural resources of this state, its heritage,
 1833  and its citizens. The Legislature also finds that using
 1834  alternatives to fee simple acquisition by public land
 1835  acquisition agencies will achieve the following public policy
 1836  goals:
 1837         1. Allow more lands to be brought under public protection
 1838  for preservation, conservation, and recreational purposes with
 1839  less expenditure of public funds.
 1840         2. Retain, on local government tax rolls, some portion of
 1841  or interest in lands which are under public protection.
 1842         3. Reduce long-term management costs by allowing private
 1843  property owners to continue acting as stewards of their land,
 1844  where appropriate.
 1845  
 1846  Therefore, it is the intent of the Legislature that public land
 1847  acquisition agencies develop programs to pursue alternatives to
 1848  fee simple acquisition and to educate private landowners about
 1849  such alternatives and the benefits of such alternatives. It is
 1850  also the intent of the Legislature that a portion of the shares
 1851  of Preservation 2000 and Florida Forever bond proceeds be used
 1852  to purchase eligible properties using alternatives to fee simple
 1853  acquisition.
 1854         (b) All project applications shall identify, within their
 1855  acquisition plans, projects that require a full fee simple
 1856  interest to achieve the public policy goals, together with the
 1857  reasons full title is determined to be necessary. The state
 1858  agencies and the water management districts may use alternatives
 1859  to fee simple acquisition to bring the remaining projects in
 1860  their acquisition plans under public protection. For the
 1861  purposes of this subsection, the term “alternatives to fee
 1862  simple acquisition” includes, but is not limited to: purchase of
 1863  development rights; obtaining conservation easements; obtaining
 1864  flowage easements; purchase of timber rights, mineral rights, or
 1865  hunting rights; purchase of agricultural interests or
 1866  silvicultural interests; entering into land protection
 1867  agreements as defined in s. 380.0677(3); fee simple acquisitions
 1868  with reservations; creating life estates; or any other
 1869  acquisition technique that achieves the public policy goals
 1870  listed in paragraph (a). It is presumed that a private landowner
 1871  retains the full range of uses for all the rights or interests
 1872  in the landowner’s land which are not specifically acquired by
 1873  the public agency. The lands upon which hunting rights are
 1874  specifically acquired pursuant to this paragraph shall be
 1875  available for hunting in accordance with the management plan or
 1876  hunting regulations adopted by the Florida Fish and Wildlife
 1877  Conservation Commission, unless the hunting rights are purchased
 1878  specifically to protect activities on adjacent lands.
 1879         (15) The board of trustees, by an affirmative vote of at
 1880  least three of its members, may direct the department to
 1881  purchase lands on an immediate basis using up to 15 percent of
 1882  the funds allocated to the department pursuant to s. 259.105 ss.
 1883  259.101(3)(a) and 259.105 for the acquisition of lands that:
 1884         (a) Are listed or placed at auction by the Federal
 1885  Government as part of the Resolution Trust Corporation sale of
 1886  lands from failed savings and loan associations;
 1887         (b) Are listed or placed at auction by the Federal
 1888  Government as part of the Federal Deposit Insurance Corporation
 1889  sale of lands from failed banks; or
 1890         (c) Will be developed or otherwise lost to potential public
 1891  ownership, or for which federal matching funds will be lost, by
 1892  the time the land can be purchased under the program within
 1893  which the land is listed for acquisition.
 1894  
 1895  For such acquisitions, the board of trustees may waive or modify
 1896  all procedures required for land acquisition pursuant to this
 1897  chapter and all competitive bid procedures required pursuant to
 1898  chapters 255 and 287. Lands acquired pursuant to this subsection
 1899  must, at the time of purchase, be on one of the acquisition
 1900  lists established pursuant to this chapter, or be essential for
 1901  water resource development, protection, or restoration, or a
 1902  significant portion of the lands must contain natural
 1903  communities or plant or animal species that which are listed by
 1904  the Florida Natural Areas Inventory as critically imperiled,
 1905  imperiled, or rare, or as excellent quality occurrences of
 1906  natural communities.
 1907         Section 26. Section 259.101, Florida Statutes, is amended
 1908  to read:
 1909         259.101 Florida Preservation 2000 Act.—
 1910         (1) SHORT TITLE.—This section may be cited as the “Florida
 1911  Preservation 2000 Act.”
 1912         (2) LEGISLATIVE FINDINGS.—The Legislature finds and
 1913  declares that:
 1914         (a) The alteration and development of Florida’s natural
 1915  areas to accommodate its rapidly growing population have
 1916  contributed to the degradation of water resources, the
 1917  fragmentation and destruction of wildlife habitats, the loss of
 1918  recreation space, and the diminishment of wetlands and forests.
 1919         (b) Imminent development of Florida’s remaining natural
 1920  areas and continuing increases in land values necessitate an
 1921  aggressive program of public land acquisition during the next
 1922  decade to preserve the quality of life that attracts so many
 1923  people to Florida.
 1924         (c) Acquisition of public lands, in fee simple or in any
 1925  lesser interest, should be based on a comprehensive assessment
 1926  of Florida’s natural resources and planned so as to protect the
 1927  integrity of ecological systems and to provide multiple
 1928  benefits, including preservation of fish and wildlife habitat,
 1929  recreation space, and water recharge areas. Governmental
 1930  agencies responsible for public land acquisition should work
 1931  together to purchase lands jointly and to coordinate individual
 1932  purchases within ecological systems.
 1933         (d) One of the purposes of the Florida Communities Trust
 1934  program is to acquire, protect, and preserve open space and
 1935  recreation properties within urban areas where pristine animal
 1936  and plant communities no longer exist. These areas are often
 1937  overlooked in other programs because of their smaller size and
 1938  proximity to developed property. These smaller parcels are,
 1939  however, critically important to the quality of life in these
 1940  urban areas for the residents who live there as well as to the
 1941  many visitors to the state. The trust shall consider projects
 1942  submitted by local governments which further the goals,
 1943  objectives, and policies of the conservation, recreation and
 1944  open space, or coastal elements of their local comprehensive
 1945  plans or which serve to conserve natural resources or resolve
 1946  land use conflicts.
 1947         (e) South Florida’s water supply and unique natural
 1948  environment depend on the protection of lands buffering the East
 1949  Everglades and the Everglades water conservation areas.
 1950  
 1951  In addition, the Legislature recognizes the conflicting desires
 1952  of the citizens of this state to prosper through economic
 1953  development and to preserve the natural areas of Florida that
 1954  development threatens to claim. The Legislature further
 1955  recognizes the urgency of acquiring natural areas in the state
 1956  for preservation, yet acknowledges the difficulty of ensuring
 1957  adequate funding for accelerated acquisition in light of other
 1958  equally critical financial needs of the state. It is the
 1959  Legislature’s desire and intent to fund the implementation of
 1960  the Florida Preservation 2000 Act for each of the 10 years of
 1961  the program’s duration and to do so in a fiscally responsible
 1962  manner.
 1963         (3) TITLE TO CERTAIN PROPERTY ACQUIRED WITH PRESERVATION
 1964  2000 BONDS LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the
 1965  costs of issuance, the costs of funding reserve accounts, and
 1966  other costs with respect to the bonds, the proceeds of bonds
 1967  issued pursuant to this act shall be deposited into the Florida
 1968  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
 1969  year 2000-2001, for each Florida Preservation 2000 program
 1970  described in paragraphs (a)-(g), that portion of each program’s
 1971  total remaining cash balance which, as of June 30, 2000, is in
 1972  excess of that program’s total remaining appropriation balances
 1973  shall be redistributed by the department and deposited into the
 1974  Save Our Everglades Trust Fund for land acquisition. For
 1975  purposes of calculating the total remaining cash balances for
 1976  this redistribution, the Florida Preservation 2000 Series 2000
 1977  bond proceeds, including interest thereon, and the fiscal year
 1978  1999-2000 General Appropriations Act amounts shall be deducted
 1979  from the remaining cash and appropriation balances,
 1980  respectively. The remaining proceeds shall be distributed by the
 1981  Department of Environmental Protection in the following manner:
 1982         (a) Fifty percent to the Department of Environmental
 1983  Protection for the purchase of public lands as described in s.
 1984  259.032. Of this 50 percent, at least one-fifth shall be used
 1985  for the acquisition of coastal lands.
 1986         (b) Thirty percent to the Department of Environmental
 1987  Protection for the purchase of water management lands pursuant
 1988  to s. 373.59, to be distributed among the water management
 1989  districts as provided in that section. Funds received by each
 1990  district may also be used for acquisition of lands necessary to
 1991  implement surface water improvement and management plans or for
 1992  acquisition of lands necessary to implement the Everglades
 1993  Construction Project authorized by s. 373.4592.
 1994         (c) Ten percent to the Department of Environmental
 1995  Protection to provide land acquisition grants and loans to local
 1996  governments through the Florida Communities Trust pursuant to
 1997  part III of chapter 380. From funds allocated to the trust, $3
 1998  million annually shall be used by the Division of State Lands
 1999  within the Department of Environmental Protection to implement
 2000  the Green Swamp Land Protection Initiative specifically for the
 2001  purchase of conservation easements, as defined in s.
 2002  380.0677(3), of lands, or severable interests or rights in
 2003  lands, in the Green Swamp Area of Critical State Concern. From
 2004  funds allocated to the trust, $3 million annually shall be used
 2005  by the Monroe County Comprehensive Plan Land Authority
 2006  specifically for the purchase of a real property interest in
 2007  those lands subject to the Rate of Growth Ordinances adopted by
 2008  local governments in Monroe County or those lands within the
 2009  boundary of an approved Conservation and Recreation Lands
 2010  project located within the Florida Keys or Key West Areas of
 2011  Critical State Concern; however, title to lands acquired within
 2012  the boundary of an approved Conservation and Recreation Lands
 2013  project may, in accordance with an approved joint acquisition
 2014  agreement, vest in the Board of Trustees of the Internal
 2015  Improvement Trust Fund. Of the remaining funds, one-half shall
 2016  be matched by local governments on a dollar-for-dollar basis. To
 2017  the extent allowed by federal requirements for the use of bond
 2018  proceeds, the trust shall expend Preservation 2000 funds to
 2019  carry out the purposes of part III of chapter 380.
 2020         (d) Two and nine-tenths percent to the Department of
 2021  Environmental Protection for the purchase of inholdings and
 2022  additions to state parks. For the purposes of this paragraph,
 2023  “state park” means all real property in the state under the
 2024  jurisdiction of the Division of Recreation and Parks of the
 2025  department, or which may come under its jurisdiction.
 2026         (e) Two and nine-tenths percent to the Florida Forest
 2027  Service of the Department of Agriculture and Consumer Services
 2028  to fund the acquisition of state forest inholdings and additions
 2029  pursuant to s. 589.07.
 2030         (f) Two and nine-tenths percent to the Fish and Wildlife
 2031  Conservation Commission to fund the acquisition of inholdings
 2032  and additions to lands managed by the commission which are
 2033  important to the conservation of fish and wildlife.
 2034         (g) One and three-tenths percent to the Department of
 2035  Environmental Protection for the Florida Greenways and Trails
 2036  Program, to acquire greenways and trails or greenways and trails
 2037  systems pursuant to chapter 260, including, but not limited to,
 2038  abandoned railroad rights-of-way and the Florida National Scenic
 2039  Trail.
 2040  
 2041  Local governments may use federal grants or loans, private
 2042  donations, or environmental mitigation funds, including
 2043  environmental mitigation funds required pursuant to s. 338.250,
 2044  for any part or all of any local match required for the purposes
 2045  described in this subsection. Bond proceeds allocated pursuant
 2046  to paragraph (c) may be used to purchase lands on the priority
 2047  lists developed pursuant to s. 259.035. Title to lands purchased
 2048  pursuant to former paragraphs (a), (d), (e), (f), or and (g) of
 2049  this subsection, Florida Statutes 2014, shall be vested in the
 2050  Board of Trustees of the Internal Improvement Trust Fund. Title
 2051  to lands purchased pursuant to former paragraph (c) of this
 2052  subsection, Florida Statutes 2014, may be vested in the Board of
 2053  Trustees of the Internal Improvement Trust Fund. The board of
 2054  trustees shall hold title to land protection agreements and
 2055  conservation easements that were or will be acquired pursuant to
 2056  former s. 380.0677, Florida Statutes 2014, and the Southwest
 2057  Florida Water Management District and the St. Johns River Water
 2058  Management District shall monitor such agreements and easements
 2059  within their respective districts until the state assumes this
 2060  responsibility.
 2061         (4) PROJECT CRITERIA.—
 2062         (a) Proceeds of bonds issued pursuant to this act and
 2063  distributed pursuant to paragraphs (3)(a) and (b) shall be spent
 2064  only on projects which meet at least one of the following
 2065  criteria, as determined pursuant to paragraphs (b) and (c):
 2066         1. A significant portion of the land in the project is in
 2067  imminent danger of development, in imminent danger of loss of
 2068  its significant natural attributes, or in imminent danger of
 2069  subdivision which will result in multiple ownership and may make
 2070  acquisition of the project more costly or less likely to be
 2071  accomplished;
 2072         2. Compelling evidence exists that the land is likely to be
 2073  developed during the next 12 months, or appraisals made during
 2074  the past 5 years indicate an escalation in land value at an
 2075  average rate that exceeds the average rate of interest likely to
 2076  be paid on the bonds;
 2077         3. A significant portion of the land in the project serves
 2078  to protect or recharge groundwater and to protect other valuable
 2079  natural resources or provide space for natural resource based
 2080  recreation;
 2081         4. The project can be purchased at 80 percent of appraised
 2082  value or less;
 2083         5. A significant portion of the land in the project serves
 2084  as habitat for endangered, threatened, or rare species or serves
 2085  to protect natural communities which are listed by the Florida
 2086  Natural Areas Inventory as critically imperiled, imperiled, or
 2087  rare, or as excellent quality occurrences of natural
 2088  communities; or
 2089         6. A significant portion of the land serves to preserve
 2090  important archaeological or historical sites.
 2091         (b) Each year that bonds are to be issued pursuant to this
 2092  act, the Land Acquisition and Management Advisory Council shall
 2093  review that year’s approved Conservation and Recreation Lands
 2094  priority list and shall, by the first board meeting in February,
 2095  present to the Board of Trustees of the Internal Improvement
 2096  Trust Fund for approval a listing of projects on the list which
 2097  meet one or more of the criteria listed in paragraph (a). The
 2098  board may remove projects from the list developed pursuant to
 2099  this paragraph, but may not add projects.
 2100         (c) Each year that bonds are to be issued pursuant to this
 2101  act, each water management district governing board shall review
 2102  the lands on its current year’s Save Our Rivers 5-year plan and
 2103  shall, by January 15, adopt a listing of projects from the plan
 2104  which meet one or more of the criteria listed in paragraph (a).
 2105         (d) In the acquisition of coastal lands pursuant to
 2106  paragraph (3)(a), the following additional criteria shall also
 2107  be considered:
 2108         1. The value of acquiring coastal high-hazard parcels,
 2109  consistent with hazard mitigation and postdisaster redevelopment
 2110  policies, in order to minimize the risk to life and property and
 2111  to reduce the need for future disaster assistance.
 2112         2. The value of acquiring beachfront parcels, irrespective
 2113  of size, to provide public access and recreational opportunities
 2114  in highly developed urban areas.
 2115         3. The value of acquiring identified parcels the
 2116  development of which would adversely affect coastal resources.
 2117  
 2118  When a nonprofit environmental organization which is tax-exempt
 2119  pursuant to s. 501(c)(3) of the United States Internal Revenue
 2120  Code sells land to the state, such land at the time of such sale
 2121  shall be deemed to meet one or more of the criteria listed in
 2122  paragraph (a) if such land meets one or more of the criteria at
 2123  the time the organization purchases it. Listings of projects
 2124  compiled pursuant to paragraphs (b) and (c) may be revised to
 2125  include projects on the Conservation and Recreation Lands
 2126  priority list or in a water management district’s 5-year plan
 2127  which come under the criteria in paragraph (a) after the dates
 2128  specified in paragraph (b) or paragraph (c). The requirement of
 2129  paragraph (3)(a) regarding coastal lands is met as long as an
 2130  average of one-fifth of the cumulative proceeds allocated
 2131  through fiscal year 1999-2000 pursuant to that paragraph is used
 2132  to purchase coastal lands.
 2133         (e) The Legislature finds that the Florida Preservation
 2134  2000 Program has provided financial resources that have enabled
 2135  the acquisition of significant amounts of land for public
 2136  ownership in the first 7 years of the program’s existence. In
 2137  the remaining years of the Florida Preservation 2000 Program,
 2138  agencies that receive funds are encouraged to better coordinate
 2139  their expenditures so that future acquisitions, when combined
 2140  with previous acquisitions, will form more complete patterns of
 2141  protection for natural areas and functioning ecosystems to
 2142  better accomplish the intent of paragraph (2)(c).
 2143         (f) The Legislature intends that, in the remaining years of
 2144  the Florida Preservation 2000 Program, emphasis be given to the
 2145  completion of projects in which one or more parcels have already
 2146  been acquired and to the acquisition of lands containing
 2147  ecological resources which are either not represented or
 2148  underrepresented on lands currently in public ownership. The
 2149  Legislature also intends that future acquisitions under the
 2150  Florida Preservation 2000 Program be limited to projects on the
 2151  current project lists, or any additions to the list as
 2152  determined and prioritized by the study, or those projects that
 2153  can reasonably be expected to be acquired by the end of the
 2154  Florida Preservation 2000 Program.
 2155         (4)(5)FLORIDA FOREST SERVICE FUND USE.—Any funds received
 2156  by the Florida Forest Service from the Preservation 2000 Trust
 2157  Fund pursuant to paragraph (3)(e) shall be used only to pay the
 2158  cost of the acquisition of lands in furtherance of outdoor
 2159  recreation and natural resources conservation in this state. The
 2160  administration and use of any funds received by the Florida
 2161  Forest Service from the Preservation 2000 Trust Fund will be
 2162  subject to such terms and conditions imposed thereon by the
 2163  agency of the state responsible for the issuance of the revenue
 2164  bonds, the proceeds of which are deposited in the Preservation
 2165  2000 Trust Fund, including restrictions imposed to ensure that
 2166  the interest on any such revenue bonds issued by the state as
 2167  tax-exempt revenue bonds will not be included in the gross
 2168  income of the holders of such bonds for federal income tax
 2169  purposes. All deeds or leases with respect to any real property
 2170  acquired with Preservation 2000 funds received by the Florida
 2171  Forest Service must from the Preservation 2000 Trust Fund shall
 2172  contain sufficient such covenants and restrictions as are
 2173  sufficient to ensure that the use of such real property at all
 2174  times complies with s. 375.051 and s. 9, Art. XII of the 1968
 2175  Constitution of Florida; and shall contain reverter clauses
 2176  providing for the reversion of title to such property to the
 2177  Board of Trustees of the Internal Improvement Trust Fund or, in
 2178  the case of a lease of such property, providing for termination
 2179  of the lease upon a failure to use the property conveyed thereby
 2180  for such purposes.
 2181         (5)(6) DISPOSITION OF LANDS.—
 2182         (a) Any lands acquired pursuant to former paragraphs
 2183  paragraph (3)(a), paragraph (3)(c), paragraph (3)(d), paragraph
 2184  (3)(e), paragraph (3)(f), or paragraph (3)(g) of this section,
 2185  Florida Statutes 2014, if title to such lands is vested in the
 2186  Board of Trustees of the Internal Improvement Trust Fund, may be
 2187  disposed of by the Board of Trustees of the Internal Improvement
 2188  Trust Fund in accordance with the provisions and procedures set
 2189  forth in s. 253.034(6), and lands acquired pursuant to former
 2190  paragraph (3)(b) of this section, Florida Statutes 2014, may be
 2191  disposed of by the owning water management district in
 2192  accordance with the procedures and provisions set forth in ss.
 2193  373.056 and 373.089 provided such disposition also shall satisfy
 2194  the requirements of paragraphs (b) and (c).
 2195         (b) Before land acquired with Preservation 2000 funds may
 2196  be surplused as required by s. 253.034(6), or determined to be
 2197  no longer required for its purposes under s. 373.056(4), as
 2198  whichever may be applicable, there shall first be a
 2199  determination by the Board of Trustees of the Internal
 2200  Improvement Trust Fund, or, in the case of water management
 2201  district lands, by the owning water management district, that
 2202  such land no longer needs to be preserved in furtherance of the
 2203  intent of the Florida Preservation 2000 Act. Any lands eligible
 2204  to be disposed of under this procedure also may be used to
 2205  acquire other lands through an exchange of lands if, provided
 2206  such lands obtained in an exchange are described in the same
 2207  paragraph of former subsection (3) of this section, Florida
 2208  Statutes 2014, as the lands disposed.
 2209         (c) Notwithstanding paragraphs (a) and (b), no such
 2210  disposition of land shall be made if such disposition would have
 2211  the effect of causing all or any portion of the interest on any
 2212  revenue bonds issued to fund the Florida Preservation 2000 Act
 2213  to lose their exclusion from gross income for purposes of
 2214  federal income taxation. Any Revenue derived from the disposal
 2215  of such lands acquired with Preservation 2000 funds may not be
 2216  used for any purpose except for deposit into the Florida
 2217  Preservation 2000 Trust Fund, or the Florida Forever Trust Fund
 2218  within the Department of Environmental Protection, for recredit
 2219  to the share held under former subsection (3) of this section,
 2220  Florida Statutes 2014, in which such disposed land is described.
 2221         (6)(7) ALTERNATE USES OF ACQUIRED LANDS.—
 2222         (a) The Board of Trustees of the Internal Improvement Trust
 2223  Fund, or, in the case of water management district lands, the
 2224  owning water management district, may authorize the granting of
 2225  a lease, easement, or license for the use of any lands acquired
 2226  pursuant to former subsection (3) of this section, Florida
 2227  Statutes 2014, for any governmental use permitted by s. 17, Art.
 2228  IX of the State Constitution of 1885, as adopted by s. 9(a),
 2229  Art. XII of the State Constitution, and any other incidental
 2230  public or private use that is determined by the board or the
 2231  owning water management district to be compatible with the
 2232  purposes for which such lands were acquired.
 2233         (b) Any existing lease, easement, or license acquired for
 2234  incidental public or private use on, under, or across any lands
 2235  acquired pursuant to former subsection (3) of this section,
 2236  Florida Statutes 2014, shall be presumed not to be incompatible
 2237  with the purposes for which such lands were acquired.
 2238         (c) Notwithstanding the provisions of paragraph (a), no
 2239  such lease, easement, or license shall be entered into by the
 2240  Department of Environmental Protection or other appropriate
 2241  state agency if the granting of such lease, easement, or license
 2242  would adversely affect the exclusion of the interest on any
 2243  revenue bonds issued to fund the acquisition of the affected
 2244  lands from gross income for federal income tax purposes, as
 2245  described in s. 375.045(4).
 2246         (7) ALTERNATIVES TO FEE SIMPLE ACQUISITION.—(8)
 2247         (a) The Legislature finds that, with the increasing
 2248  pressures on the natural areas of this state, the state must
 2249  develop creative techniques to maximize the use of acquisition
 2250  and management moneys. The Legislature also finds that the
 2251  state’s environmental land-buying agencies should be encouraged
 2252  to augment their traditional, fee simple acquisition programs
 2253  with the use of alternatives to fee simple acquisition
 2254  techniques. The Legislature also finds that using alternatives
 2255  to fee simple acquisition by public land-buying agencies will
 2256  achieve the following public policy goals:
 2257         1. Allow more lands to be brought under public protection
 2258  for preservation, conservation, and recreational purposes at
 2259  less expense using public funds.
 2260         2. Retain, on local government tax rolls, some portion of
 2261  or interest in lands that which are under public protection.
 2262         3. Reduce long-term management costs by allowing private
 2263  property owners to continue acting as stewards of the land, as
 2264  where appropriate.
 2265  
 2266  Therefore, it is the intent of the Legislature that public land
 2267  buying agencies develop programs to pursue alternatives to fee
 2268  simple acquisition and to educate private landowners about such
 2269  alternatives and the benefits of such alternatives. It also is
 2270  the intent of the Legislature that the department and the water
 2271  management districts spend a portion of their shares of
 2272  Preservation 2000 bond proceeds to purchase eligible properties
 2273  using alternatives to fee simple acquisition. Finally, it is the
 2274  intent of the Legislature that public agencies acquire lands in
 2275  fee simple for public access and recreational activities. Lands
 2276  protected using alternatives to fee simple acquisition
 2277  techniques may shall not be accessible to the public unless such
 2278  access is negotiated with and agreed to by the private
 2279  landowners who retain interests in such lands.
 2280         (b) The Land Acquisition Advisory Council and the water
 2281  management districts shall identify, within their 1997
 2282  acquisition plans, those projects that which require a full fee
 2283  simple interest to achieve the public policy goals, along with
 2284  the reasons why full title is determined to be necessary. The
 2285  council and the water management districts may use alternatives
 2286  to fee simple acquisition to bring the remaining projects in
 2287  their acquisition plans under public protection. For the
 2288  purposes of this subsection, the term “alternatives to fee
 2289  simple acquisition” includes the, but is not limited to:
 2290  purchase of development rights; conservation easements; flowage
 2291  easements; the purchase of timber rights, mineral rights, or
 2292  hunting rights; the purchase of agricultural interests or
 2293  silvicultural interests; land protection agreements; fee simple
 2294  acquisitions with reservations; or any other acquisition
 2295  technique that which achieves the public policy goals identified
 2296  listed in paragraph (a). It is presumed that a private landowner
 2297  retains the full range of uses for all the rights or interests
 2298  in the landowner’s land which are not specifically acquired by
 2299  the public agency. Life estates and fee simple acquisitions with
 2300  leaseback provisions do shall not qualify as an alternative to
 2301  fee simple acquisition under this subsection, although the
 2302  department and the districts are encouraged to use such
 2303  techniques if where appropriate.
 2304         (c) The department and each water management district shall
 2305  implement initiatives to use alternatives to fee simple
 2306  acquisition and to educate private landowners about such
 2307  alternatives. These initiatives must shall include at least two
 2308  acquisitions a year by the department and each water management
 2309  district utilizing alternatives to fee simple.
 2310         (d) The Legislature finds that the lack of direct sales
 2311  comparison information has served as an impediment to successful
 2312  implementation of alternatives to fee simple acquisition. It is
 2313  the intent of the Legislature that, in the absence of direct
 2314  comparable sales information, appraisals of alternatives to fee
 2315  simple acquisitions be based on the difference between the full
 2316  fee simple valuation and the value of the interests remaining
 2317  with the seller after acquisition.
 2318         (e) The public agency that which has been assigned
 2319  management responsibility shall inspect and monitor any less
 2320  than-fee-simple interest according to the terms of the purchase
 2321  agreement relating to such interest.
 2322         (f) The department and the water management districts may
 2323  enter into joint acquisition agreements to jointly fund the
 2324  purchase of lands using alternatives to fee simple techniques.
 2325         (8) PUBLIC RECREATIONAL USE.—An agency or water management
 2326  district that acquired lands using Preservation 2000 funds
 2327  distributed pursuant to former subsection (3) of this section,
 2328  Florida Statutes 2014, shall manage such lands to make them
 2329  available for public recreational use if the recreational use
 2330  does not interfere with the protection of natural resource
 2331  values. The agency or district may enter into an agreement with
 2332  the department or another appropriate state agency to transfer
 2333  management authority or lease to such agencies lands purchased
 2334  with Preservation 2000 funds for the purpose of managing the
 2335  lands to make them available for public recreational use. The
 2336  water management districts and the department shall take action
 2337  to control the growth of nonnative invasive plant species on
 2338  lands they manage which were purchased with Preservation 2000
 2339  funds.
 2340         Section 27. Paragraph (a) of subsection (2), paragraphs
 2341  (c), (l), and (m) of subsection (3), subsection (4), present
 2342  subsection (5), paragraph (a) of present subsection (6), present
 2343  subsection (10), paragraph (i) of present subsection (16), and
 2344  present subsections (17) and (21) of section 259.105, Florida
 2345  Statutes, are amended to read:
 2346         259.105 The Florida Forever Act.—
 2347         (2)(a) The Legislature finds and declares that:
 2348         1. Land acquisition programs have provided tremendous
 2349  financial resources for purchasing environmentally significant
 2350  lands to protect those lands from imminent development or
 2351  alteration, thereby ensuring present and future generations’
 2352  access to important waterways, open spaces, and recreation and
 2353  conservation lands.
 2354         2. The continued alteration and development of Florida’s
 2355  natural and rural areas to accommodate the state’s growing
 2356  population have contributed to the degradation of water
 2357  resources, the fragmentation and destruction of wildlife
 2358  habitats, the loss of outdoor recreation space, and the
 2359  diminishment of wetlands, forests, working landscapes, and
 2360  coastal open space.
 2361         3. The potential development of Florida’s remaining natural
 2362  areas and escalation of land values require government efforts
 2363  to restore, bring under public protection, or acquire lands and
 2364  water areas to preserve the state’s essential ecological
 2365  functions and invaluable quality of life.
 2366         4. It is essential to protect the state’s ecosystems by
 2367  promoting a more efficient use of land, to ensure opportunities
 2368  for viable agricultural activities on working lands, and to
 2369  promote vital rural and urban communities that support and
 2370  produce development patterns consistent with natural resource
 2371  protection.
 2372         5. Florida’s groundwater, surface waters, and springs are
 2373  under tremendous pressure due to population growth and economic
 2374  expansion and require special protection and restoration
 2375  efforts, including the protection of uplands and springsheds
 2376  that provide vital recharge to aquifer systems and are critical
 2377  to the protection of water quality and water quantity of the
 2378  aquifers and springs. To ensure that sufficient quantities of
 2379  water are available to meet the current and future needs of the
 2380  natural systems and citizens of the state, and assist in
 2381  achieving the planning goals of the department and the water
 2382  management districts, water resource development projects on
 2383  public lands, where compatible with the resource values of and
 2384  management objectives for the lands, are appropriate.
 2385         6. The needs of urban, suburban, and small communities in
 2386  Florida for high-quality outdoor recreational opportunities,
 2387  greenways, trails, and open space have not been fully met by
 2388  previous acquisition programs. Through such programs as the
 2389  Florida Communities Trust and the Florida Recreation Development
 2390  Assistance Program, the state shall place additional emphasis on
 2391  acquiring, protecting, preserving, and restoring open space,
 2392  ecological greenways, and recreation properties within urban,
 2393  suburban, and rural areas where pristine natural communities or
 2394  water bodies no longer exist because of the proximity of
 2395  developed property.
 2396         7. Many of Florida’s unique ecosystems, such as the Florida
 2397  Everglades, are facing ecological collapse due to Florida’s
 2398  burgeoning population growth and other economic activities. To
 2399  preserve these valuable ecosystems for future generations,
 2400  essential parcels of land must be acquired to facilitate
 2401  ecosystem restoration.
 2402         8. Access to public lands to support a broad range of
 2403  outdoor recreational opportunities and the development of
 2404  necessary infrastructure, where compatible with the resource
 2405  values of and management objectives for such lands, promotes an
 2406  appreciation for Florida’s natural assets and improves the
 2407  quality of life.
 2408         9. Acquisition of lands, in fee simple, less-than-fee
 2409  interest, or other techniques shall be based on a comprehensive
 2410  science-based assessment of Florida’s natural resources which
 2411  targets essential conservation lands by prioritizing all current
 2412  and future acquisitions based on a uniform set of data and
 2413  planned so as to protect the integrity and function of
 2414  ecological systems and working landscapes, and provide multiple
 2415  benefits, including preservation of fish and wildlife habitat,
 2416  recreation space for urban and rural areas, and the restoration
 2417  of natural water storage, flow, and recharge.
 2418         10. The state has embraced performance-based program
 2419  budgeting as a tool to evaluate the achievements of publicly
 2420  funded agencies, build in accountability, and reward those
 2421  agencies which are able to consistently achieve quantifiable
 2422  goals. While previous and existing state environmental programs
 2423  have achieved varying degrees of success, few of these programs
 2424  can be evaluated as to the extent of their achievements,
 2425  primarily because performance measures, standards, outcomes, and
 2426  goals were not established at the outset. Therefore, the Florida
 2427  Forever program shall be developed and implemented in the
 2428  context of measurable state goals and objectives.
 2429         11. The state must play a major role in the recovery and
 2430  management of its imperiled species through the acquisition,
 2431  restoration, enhancement, and management of ecosystems that can
 2432  support the major life functions of such species. It is the
 2433  intent of the Legislature to support local, state, and federal
 2434  programs that result in net benefit to imperiled species habitat
 2435  by providing public and private land owners meaningful
 2436  incentives for acquiring, restoring, managing, and repopulating
 2437  habitats for imperiled species. It is the further intent of the
 2438  Legislature that public lands, both existing and to be acquired,
 2439  identified by the lead land managing agency, in consultation
 2440  with the Florida Fish and Wildlife Conservation Commission for
 2441  animals or the Department of Agriculture and Consumer Services
 2442  for plants, as habitat or potentially restorable habitat for
 2443  imperiled species, be restored, enhanced, managed, and
 2444  repopulated as habitat for such species to advance the goals and
 2445  objectives of imperiled species management consistent with the
 2446  purposes for which such lands are acquired without restricting
 2447  other uses identified in the management plan. It is also the
 2448  intent of the Legislature that of the proceeds distributed
 2449  pursuant to subsection (3), additional consideration be given to
 2450  acquisitions that achieve a combination of conservation goals,
 2451  including the restoration, enhancement, management, or
 2452  repopulation of habitat for imperiled species. The Acquisition
 2453  and Restoration Council, in addition to the criteria in
 2454  subsection (9), shall give weight to projects that include
 2455  acquisition, restoration, management, or repopulation of habitat
 2456  for imperiled species. The term “imperiled species” as used in
 2457  this chapter and chapter 253, means plants and animals that are
 2458  federally listed under the Endangered Species Act, or state
 2459  listed by the Fish and Wildlife Conservation Commission or the
 2460  Department of Agriculture and Consumer Services.
 2461         a. As part of the state’s role, all state lands that have
 2462  imperiled species habitat shall include as a consideration in
 2463  management plan development the restoration, enhancement,
 2464  management, and repopulation of such habitats. In addition, the
 2465  lead land managing agency of such state lands may use fees
 2466  received from public or private entities for projects to offset
 2467  adverse impacts to imperiled species or their habitat in order
 2468  to restore, enhance, manage, repopulate, or acquire land and to
 2469  implement land management plans developed under s. 253.034 or a
 2470  land management prospectus developed and implemented under this
 2471  chapter. Such fees shall be deposited into a foundation or fund
 2472  created by each land management agency under s. 379.223, s.
 2473  589.012, or s. 259.032(9)(c) s. 259.032(11)(c), to be used
 2474  solely to restore, manage, enhance, repopulate, or acquire
 2475  imperiled species habitat.
 2476         b. Where habitat or potentially restorable habitat for
 2477  imperiled species is located on state lands, the Fish and
 2478  Wildlife Conservation Commission and the Department of
 2479  Agriculture and Consumer Services shall be included on any
 2480  advisory group required under chapter 253, and the short-term
 2481  and long-term management goals required under chapter 253 must
 2482  advance the goals and objectives of imperiled species management
 2483  consistent with the purposes for which the land was acquired
 2484  without restricting other uses identified in the management
 2485  plan.
 2486         12. There is a need to change the focus and direction of
 2487  the state’s major land acquisition programs and to extend
 2488  funding and bonding capabilities, so that future generations may
 2489  enjoy the natural resources of this state.
 2490         (3) Less the costs of issuing and the costs of funding
 2491  reserve accounts and other costs associated with bonds, the
 2492  proceeds of cash payments or bonds issued pursuant to this
 2493  section shall be deposited into the Florida Forever Trust Fund
 2494  created by s. 259.1051. The proceeds shall be distributed by the
 2495  Department of Environmental Protection in the following manner:
 2496         (c) Twenty-one percent to the Department of Environmental
 2497  Protection for use by the Florida Communities Trust for the
 2498  purposes of part III of chapter 380, as described and limited by
 2499  this subsection, and grants to local governments or nonprofit
 2500  environmental organizations that are tax-exempt under s.
 2501  501(c)(3) of the United States Internal Revenue Code for the
 2502  acquisition of community-based projects, urban open spaces,
 2503  parks, and greenways to implement local government comprehensive
 2504  plans. From funds available to the trust and used for land
 2505  acquisition, 75 percent shall be matched by local governments on
 2506  a dollar-for-dollar basis. The Legislature intends that the
 2507  Florida Communities Trust emphasize funding projects in low
 2508  income or otherwise disadvantaged communities and projects that
 2509  provide areas for direct water access and water-dependent
 2510  facilities that are open to the public and offer public access
 2511  by vessels to waters of the state, including boat ramps and
 2512  associated parking and other support facilities. At least 30
 2513  percent of the total allocation provided to the trust shall be
 2514  used in Standard Metropolitan Statistical Areas, but one-half of
 2515  that amount shall be used in localities in which the project
 2516  site is located in built-up commercial, industrial, or mixed-use
 2517  areas and functions to intersperse open spaces within congested
 2518  urban core areas. From funds allocated to the trust, no less
 2519  than 5 percent shall be used to acquire lands for recreational
 2520  trail systems, provided that in the event these funds are not
 2521  needed for such projects, they will be available for other trust
 2522  projects. Local governments may use federal grants or loans,
 2523  private donations, or environmental mitigation funds, including
 2524  environmental mitigation funds required pursuant to s. 338.250,
 2525  for any part or all of any local match required for acquisitions
 2526  funded through the Florida Communities Trust. Any lands
 2527  purchased by nonprofit organizations using funds allocated under
 2528  this paragraph must provide for such lands to remain permanently
 2529  in public use through a reversion of title to local or state
 2530  government, conservation easement, or other appropriate
 2531  mechanism. Projects funded with funds allocated to the trust
 2532  shall be selected in a competitive process measured against
 2533  criteria adopted in rule by the trust.
 2534         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2535  the agencies that receive the funds shall develop their
 2536  individual acquisition or restoration lists in accordance with
 2537  specific criteria and numeric performance measures developed
 2538  pursuant to s. 259.035(4). Proposed additions may be acquired if
 2539  they are identified within the original project boundary, the
 2540  management plan required pursuant to s. 253.034(5), or the
 2541  management prospectus required pursuant to s. 259.032(7)(d) s.
 2542  259.032(9)(d). Proposed additions not meeting the requirements
 2543  of this paragraph shall be submitted to the Acquisition and
 2544  Restoration Council for approval. The council may only approve
 2545  the proposed addition if it meets two or more of the following
 2546  criteria: serves as a link or corridor to other publicly owned
 2547  property; enhances the protection or management of the property;
 2548  would add a desirable resource to the property; would create a
 2549  more manageable boundary configuration; has a high resource
 2550  value that otherwise would be unprotected; or can be acquired at
 2551  less than fair market value.
 2552         (m) Notwithstanding paragraphs (a)-(j) and for the 2014
 2553  2015 fiscal year only:
 2554         1. Five million dollars to the Department of Agriculture
 2555  and Consumer Services for the acquisition of agricultural lands
 2556  through perpetual conservation easements and other perpetual
 2557  less-than-fee techniques, which will achieve the objectives of
 2558  Florida Forever and s. 570.71.
 2559         2. The remaining moneys appropriated from the Florida
 2560  Forever Trust Fund shall be distributed only to the Division of
 2561  State Lands within the Department of Environmental Protection
 2562  for land acquisitions that are less-than-fee interest, for
 2563  partnerships in which the state’s portion of the acquisition
 2564  cost is no more than 50 percent, or for conservation lands
 2565  needed for military buffering or springs or water resources
 2566  protection.
 2567  
 2568  This paragraph expires July 1, 2015.
 2569         (4) Notwithstanding subsection (3) and for the 2014-2015
 2570  fiscal year only, the funds appropriated in section 56 of the
 2571  2014-2015 General Appropriations Act may be provided to water
 2572  management districts for land acquisitions, including less-than
 2573  fee interest, identified by water management districts as being
 2574  needed for water resource protection or ecosystem restoration.
 2575  This subsection expires July 1, 2015.
 2576         (4)(5) It is the intent of the Legislature that projects or
 2577  acquisitions funded pursuant to paragraphs (3)(a) and (b)
 2578  contribute to the achievement of the following goals, which
 2579  shall be evaluated in accordance with specific criteria and
 2580  numeric performance measures developed pursuant to s.
 2581  259.035(4):
 2582         (a) Enhance the coordination and completion of land
 2583  acquisition projects, as measured by:
 2584         1. The number of acres acquired through the state’s land
 2585  acquisition programs that contribute to the enhancement of
 2586  essential natural resources, ecosystem service parcels, and
 2587  connecting linkage corridors as identified and developed by the
 2588  best available scientific analysis;
 2589         2. The number of acres protected through the use of
 2590  alternatives to fee simple acquisition; or
 2591         3. The number of shared acquisition projects among Florida
 2592  Forever funding partners and partners with other funding
 2593  sources, including local governments and the Federal Government.
 2594         (b) Increase the protection of Florida’s biodiversity at
 2595  the species, natural community, and landscape levels, as
 2596  measured by:
 2597         1. The number of acres acquired of significant strategic
 2598  habitat conservation areas;
 2599         2. The number of acres acquired of highest priority
 2600  conservation areas for Florida’s rarest species;
 2601         3. The number of acres acquired of significant landscapes,
 2602  landscape linkages, and conservation corridors, giving priority
 2603  to completing linkages;
 2604         4. The number of acres acquired of underrepresented native
 2605  ecosystems;
 2606         5. The number of landscape-sized protection areas of at
 2607  least 50,000 acres that exhibit a mosaic of predominantly intact
 2608  or restorable natural communities established through new
 2609  acquisition projects or augmentations to previous projects; or
 2610         6. The percentage increase in the number of occurrences of
 2611  imperiled species on publicly managed conservation areas.
 2612         (c) Protect, restore, and maintain the quality and natural
 2613  functions of land, water, and wetland systems of the state, as
 2614  measured by:
 2615         1. The number of acres of publicly owned land identified as
 2616  needing restoration, enhancement, and management, acres
 2617  undergoing restoration or enhancement, acres with restoration
 2618  activities completed, and acres managed to maintain such
 2619  restored or enhanced conditions; the number of acres which
 2620  represent actual or potential imperiled species habitat; the
 2621  number of acres which are available pursuant to a management
 2622  plan to restore, enhance, repopulate, and manage imperiled
 2623  species habitat; and the number of acres of imperiled species
 2624  habitat managed, restored, enhanced, repopulated, or acquired;
 2625         2. The percentage of water segments that fully meet,
 2626  partially meet, or do not meet their designated uses as reported
 2627  in the Department of Environmental Protection’s State Water
 2628  Quality Assessment 305(b) Report;
 2629         3. The percentage completion of targeted capital
 2630  improvements in surface water improvement and management plans
 2631  created under s. 373.453(2), regional or master stormwater
 2632  management system plans, or other adopted restoration plans;
 2633         4. The number of acres acquired that protect natural
 2634  floodplain functions;
 2635         5. The number of acres acquired that protect surface waters
 2636  of the state;
 2637         6. The number of acres identified for acquisition to
 2638  minimize damage from flooding and the percentage of those acres
 2639  acquired;
 2640         7. The number of acres acquired that protect fragile
 2641  coastal resources;
 2642         8. The number of acres of functional wetland systems
 2643  protected;
 2644         9. The percentage of miles of critically eroding beaches
 2645  contiguous with public lands that are restored or protected from
 2646  further erosion;
 2647         10. The percentage of public lakes and rivers in which
 2648  invasive, nonnative aquatic plants are under maintenance
 2649  control; or
 2650         11. The number of acres of public conservation lands in
 2651  which upland invasive, exotic plants are under maintenance
 2652  control.
 2653         (d) Ensure that sufficient quantities of water are
 2654  available to meet the current and future needs of natural
 2655  systems and the citizens of the state, as measured by:
 2656         1. The number of acres acquired which provide retention and
 2657  storage of surface water in naturally occurring storage areas,
 2658  such as lakes and wetlands, consistent with the maintenance of
 2659  water resources or water supplies and consistent with district
 2660  water supply plans;
 2661         2. The quantity of water made available through the water
 2662  resource development component of a district water supply plan
 2663  for which a water management district is responsible; or
 2664         3. The number of acres acquired of groundwater recharge
 2665  areas critical to springs, sinks, aquifers, other natural
 2666  systems, or water supply.
 2667         (e) Increase natural resource-based public recreational and
 2668  educational opportunities, as measured by:
 2669         1. The number of acres acquired that are available for
 2670  natural resource-based public recreation or education;
 2671         2. The miles of trails that are available for public
 2672  recreation, giving priority to those that provide significant
 2673  connections including those that will assist in completing the
 2674  Florida National Scenic Trail; or
 2675         3. The number of new resource-based recreation facilities,
 2676  by type, made available on public land.
 2677         (f) Preserve significant archaeological or historic sites,
 2678  as measured by:
 2679         1. The increase in the number of and percentage of historic
 2680  and archaeological properties listed in the Florida Master Site
 2681  File or National Register of Historic Places which are protected
 2682  or preserved for public use; or
 2683         2. The increase in the number and percentage of historic
 2684  and archaeological properties that are in state ownership.
 2685         (g) Increase the amount of forestland available for
 2686  sustainable management of natural resources, as measured by:
 2687         1. The number of acres acquired that are available for
 2688  sustainable forest management;
 2689         2. The number of acres of state-owned forestland managed
 2690  for economic return in accordance with current best management
 2691  practices;
 2692         3. The number of acres of forestland acquired that will
 2693  serve to maintain natural groundwater recharge functions; or
 2694         4. The percentage and number of acres identified for
 2695  restoration actually restored by reforestation.
 2696         (h) Increase the amount of open space available in urban
 2697  areas, as measured by:
 2698         1. The percentage of local governments that participate in
 2699  land acquisition programs and acquire open space in urban cores;
 2700  or
 2701         2. The percentage and number of acres of purchases of open
 2702  space within urban service areas.
 2703  
 2704  Florida Forever projects and acquisitions funded pursuant to
 2705  paragraph (3)(c) shall be measured by goals developed by rule by
 2706  the Florida Communities Trust Governing Board created in s.
 2707  380.504.
 2708         (5)(6)(a) All lands acquired pursuant to this section shall
 2709  be managed for multiple-use purposes, where compatible with the
 2710  resource values of and management objectives for such lands. As
 2711  used in this section, “multiple-use” includes, but is not
 2712  limited to, outdoor recreational activities as described in ss.
 2713  253.034 and 259.032(7)(b) 259.032(9)(b), water resource
 2714  development projects, sustainable forestry management, carbon
 2715  sequestration, carbon mitigation, or carbon offsets.
 2716         (9)(10) The Acquisition and Restoration Council shall
 2717  recommend rules for adoption by the board of trustees to
 2718  competitively evaluate, select, and rank projects eligible for
 2719  Florida Forever funds pursuant to paragraph (3)(b) and for
 2720  additions to the Conservation and Recreation Lands list pursuant
 2721  to ss. 259.032 and 259.101(4). In developing these proposed
 2722  rules, the Acquisition and Restoration Council shall give weight
 2723  to the following criteria:
 2724         (a) The project meets multiple goals described in
 2725  subsection (4).
 2726         (b) The project is part of an ongoing governmental effort
 2727  to restore, protect, or develop land areas or water resources.
 2728         (c) The project enhances or facilitates management of
 2729  properties already under public ownership.
 2730         (d) The project has significant archaeological or historic
 2731  value.
 2732         (e) The project has funding sources that are identified and
 2733  assured through at least the first 2 years of the project.
 2734         (f) The project contributes to the solution of water
 2735  resource problems on a regional basis.
 2736         (g) The project has a significant portion of its land area
 2737  in imminent danger of development, in imminent danger of losing
 2738  its significant natural attributes or recreational open space,
 2739  or in imminent danger of subdivision which would result in
 2740  multiple ownership and make acquisition of the project costly or
 2741  less likely to be accomplished.
 2742         (h) The project implements an element from a plan developed
 2743  by an ecosystem management team.
 2744         (i) The project is one of the components of the Everglades
 2745  restoration effort.
 2746         (j) The project may be purchased at 80 percent of appraised
 2747  value.
 2748         (k) The project may be acquired, in whole or in part, using
 2749  alternatives to fee simple, including but not limited to, tax
 2750  incentives, mitigation funds, or other revenues; the purchase of
 2751  development rights, hunting rights, agricultural or
 2752  silvicultural rights, or mineral rights; or obtaining
 2753  conservation easements or flowage easements.
 2754         (l) The project is a joint acquisition, either among public
 2755  agencies, nonprofit organizations, or private entities, or by a
 2756  public-private partnership.
 2757         (15)(16) The Acquisition and Restoration Council shall
 2758  submit to the board of trustees, with its list of projects, a
 2759  report that includes, but shall not be limited to, the following
 2760  information for each project listed:
 2761         (i) A management policy statement for the project and a
 2762  management prospectus pursuant to s. 259.032(7)(d) s.
 2763  259.032(9)(d).
 2764         (16)(17) All proposals for projects pursuant to paragraph
 2765  (3)(b) shall be implemented only if adopted by the Acquisition
 2766  and Restoration Council and approved by the board of trustees.
 2767  The council shall consider and evaluate in writing the merits
 2768  and demerits of each project that is proposed for Florida
 2769  Forever funding and each proposed addition to the Conservation
 2770  and Recreation Lands list program. The council shall ensure that
 2771  each proposed project will meet a stated public purpose for the
 2772  restoration, conservation, or preservation of environmentally
 2773  sensitive lands and water areas or for providing outdoor
 2774  recreational opportunities and that each proposed addition to
 2775  the Conservation and Recreation Lands list will meet the public
 2776  purposes under s. 259.032(3) and, when applicable, s.
 2777  259.101(4). The council also shall determine whether the project
 2778  or addition conforms, where applicable, with the comprehensive
 2779  plan developed pursuant to s. 259.04(1)(a), the comprehensive
 2780  multipurpose outdoor recreation plan developed pursuant to s.
 2781  375.021, the state lands management plan adopted pursuant to s.
 2782  253.03(7), the water resources work plans developed pursuant to
 2783  s. 373.199, and the provisions of this section.
 2784         (20)(21) Lands listed as projects for acquisition under the
 2785  Florida Forever program may be managed for conservation pursuant
 2786  to s. 259.032, on an interim basis by a private party in
 2787  anticipation of a state purchase in accordance with a
 2788  contractual arrangement between the acquiring agency and the
 2789  private party that may include management service contracts,
 2790  leases, cost-share arrangements, or resource conservation
 2791  agreements. Lands designated as eligible under this subsection
 2792  shall be managed to maintain or enhance the resources the state
 2793  is seeking to protect by acquiring the land and to accelerate
 2794  public access to the lands as soon as practicable. Funding for
 2795  these contractual arrangements may originate from the
 2796  documentary stamp tax revenue deposited into the Land
 2797  Acquisition Conservation and Recreation Lands Trust Fund and
 2798  Water Management Lands Trust Fund. No more than $6.2 million may
 2799  be expended from the Land Acquisition Trust Fund 5 percent of
 2800  funds allocated under the trust funds shall be expended for this
 2801  purpose.
 2802         Section 28. Subsections (1) and (3) of section 259.1051,
 2803  Florida Statutes, are amended to read:
 2804         259.1051 Florida Forever Trust Fund.—
 2805         (1) There is created the Florida Forever Trust Fund to
 2806  carry out the purposes of ss. 259.032, 259.105, 259.1052, and
 2807  375.031. The Florida Forever Trust Fund shall be held and
 2808  administered by the Department of Environmental Protection.
 2809  Proceeds from the sale of bonds, except proceeds of refunding
 2810  bonds, issued under s. 215.618 and payable from moneys
 2811  transferred to the Land Acquisition Trust Fund under s.
 2812  201.15(1) s. 201.15(1)(a), not to exceed $5.3 billion, must be
 2813  deposited into this trust fund to be distributed and used as
 2814  provided in s. 259.105(3). The bond resolution adopted by the
 2815  governing board of the Division of Bond Finance of the State
 2816  Board of Administration may provide for additional provisions
 2817  that govern the disbursement of the bond proceeds.
 2818         (3) The Department of Environmental Protection shall ensure
 2819  that the proceeds from the sale of bonds issued under s. 215.618
 2820  and payable from moneys transferred to the Land Acquisition
 2821  Trust Fund under s. 201.15(1) s. 201.15(1)(a) shall be
 2822  administered and expended in a manner that ensures compliance of
 2823  each issue of bonds that are issued on the basis that interest
 2824  thereon will be excluded from gross income for federal income
 2825  tax purposes, with the applicable provisions of the United
 2826  States Internal Revenue Code and the regulations promulgated
 2827  thereunder, to the extent necessary to preserve the exclusion of
 2828  interest on the bonds from gross income for federal income tax
 2829  purposes. The Department of Environmental Protection shall
 2830  administer the use and disbursement of the proceeds of such
 2831  bonds or require that the use and disbursement thereof be
 2832  administered in a manner to implement strategies to maximize any
 2833  available benefits under the applicable provisions of the United
 2834  States Internal Revenue Code or regulations promulgated
 2835  thereunder, to the extent not inconsistent with the purposes
 2836  identified in s. 259.105(3).
 2837         Section 29. Subsection (4) of section 339.0801, Florida
 2838  Statutes, is amended to read:
 2839         339.0801 Allocation of increased revenues derived from
 2840  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
 2841  from increased revenues to the State Transportation Trust Fund
 2842  derived from the amendments to s. 319.32(5)(a) made by this act
 2843  must be used annually, first as set forth in subsection (1) and
 2844  then as set forth in subsections (2)-(5), notwithstanding any
 2845  other provision of law:
 2846         (4) Beginning in the 2013-2014 fiscal year and annually
 2847  thereafter, $10 million shall be allocated to the Small County
 2848  Outreach Program, to be used as specified in s. 339.2818. These
 2849  funds are in addition to the funds provided for the program
 2850  pursuant to s. 201.15(4)(a)2 in s. 201.15(1)(c)1.b.
 2851         Section 30. Subsection (9) of section 339.55, Florida
 2852  Statutes, is amended to read:
 2853         339.55 State-funded infrastructure bank.—
 2854         (9) Funds paid into the State Transportation Trust Fund
 2855  pursuant to s. 201.15(4)(a) s. 201.15(1)(c) for the purposes of
 2856  the State Infrastructure Bank are hereby annually appropriated
 2857  for expenditure to support that program.
 2858         Section 31. Subsection (5) of section 341.303, Florida
 2859  Statutes, is amended to read:
 2860         341.303 Funding authorization and appropriations;
 2861  eligibility and participation.—
 2862         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
 2863         (a) The department, through the Florida Rail Enterprise, is
 2864  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
 2865  under s. 201.15(1)(c)1.d. to fund:
 2866         (a) Up to 50 percent of the nonfederal share of the costs
 2867  of any eligible passenger rail capital improvement project.
 2868         (b) The department, through the Florida Rail Enterprise, is
 2869  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 2870  fund Up to 100 percent of planning and development costs related
 2871  to the provision of a passenger rail system, including, but not
 2872  limited to, preliminary engineering, revenue studies,
 2873  environmental impact studies, financial advisory services,
 2874  engineering design, and other appropriate professional services.
 2875         (c) The department, through the Florida Rail Enterprise, is
 2876  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 2877  fund The high-speed rail system.
 2878         (d) The department, through the Florida Rail Enterprise, is
 2879  authorized to use funds provided under s. 201.15(1)(c)1.d. to
 2880  fund Projects necessary to identify or address anticipated
 2881  impacts of increased freight rail traffic resulting from the
 2882  implementation of passenger rail systems as provided in s.
 2883  341.302(3)(b).
 2884         Section 32. Paragraph (b) of subsection (4) of section
 2885  343.58, Florida Statutes, is amended to read:
 2886         343.58 County funding for the South Florida Regional
 2887  Transportation Authority.—
 2888         (4) Notwithstanding any other provision of law to the
 2889  contrary and effective July 1, 2010, until as provided in
 2890  paragraph (d), the department shall transfer annually from the
 2891  State Transportation Trust Fund to the South Florida Regional
 2892  Transportation Authority the amounts specified in subparagraph
 2893  (a)1. or subparagraph (a)2.
 2894         (b) Funding required by this subsection may not be provided
 2895  from the funds dedicated to the Florida Rail Enterprise pursuant
 2896  to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
 2897         Section 33. Section 369.252, Florida Statutes, is amended
 2898  to read:
 2899         369.252 Invasive plant control on public lands.—The Fish
 2900  and Wildlife Conservation Commission shall establish a program
 2901  to:
 2902         (1) Achieve eradication or maintenance control of invasive
 2903  exotic plants on public lands when the scientific data indicate
 2904  that they are detrimental to the state’s natural environment or
 2905  when the Commissioner of Agriculture finds that such plants or
 2906  specific populations thereof are a threat to the agricultural
 2907  productivity of the state;
 2908         (2) Assist state and local government agencies in the
 2909  development and implementation of coordinated management plans
 2910  for the eradication or maintenance control of invasive exotic
 2911  plant species on public lands;
 2912         (3) Contract, or enter into agreements, with entities in
 2913  the State University System or other governmental or private
 2914  sector entities for research concerning control agents;
 2915  production and growth of biological control agents; and
 2916  development of workable methods for the eradication or
 2917  maintenance control of invasive exotic plants on public lands;
 2918  and
 2919         (4) Use funds in the Invasive Plant Control Trust Fund as
 2920  authorized by the Legislature for carrying out activities under
 2921  this section on public lands. A minimum of 20 percent of the
 2922  amount appropriated by the Legislature for invasive plant
 2923  control from credited to the Land Acquisition Invasive Plant
 2924  Control Trust Fund pursuant to s. 201.15(6) shall be used for
 2925  the purpose of controlling nonnative, upland, invasive plant
 2926  species on public lands.
 2927         Section 34. Paragraph (c) of subsection (8) of section
 2928  373.026, Florida Statutes, is amended to read:
 2929         373.026 General powers and duties of the department.—The
 2930  department, or its successor agency, shall be responsible for
 2931  the administration of this chapter at the state level. However,
 2932  it is the policy of the state that, to the greatest extent
 2933  possible, the department may enter into interagency or
 2934  interlocal agreements with any other state agency, any water
 2935  management district, or any local government conducting programs
 2936  related to or materially affecting the water resources of the
 2937  state. All such agreements shall be subject to the provisions of
 2938  s. 373.046. In addition to its other powers and duties, the
 2939  department shall, to the greatest extent possible:
 2940         (8)
 2941         (c) Notwithstanding paragraph (b), the use of state funds
 2942  for land purchases from willing sellers is authorized for
 2943  projects within the South Florida Water Management District’s
 2944  approved 5-year plan of acquisition pursuant to s. 373.59 or
 2945  within the South Florida Water Management District’s approved
 2946  Florida Forever water management district work plan pursuant to
 2947  s. 373.199.
 2948         Section 35. Subsection (4) of section 373.089, Florida
 2949  Statutes, is amended to read:
 2950         373.089 Sale or exchange of lands, or interests or rights
 2951  in lands.—The governing board of the district may sell lands, or
 2952  interests or rights in lands, to which the district has acquired
 2953  title or to which it may hereafter acquire title in the
 2954  following manner:
 2955         (4) The governing board of a district may exchange lands,
 2956  or interests or rights in lands, owned by, or lands, or
 2957  interests or rights in lands, for which title is otherwise
 2958  vested in, the district for other lands, or interests or rights
 2959  in lands, within the state owned by any person. The governing
 2960  board shall fix the terms and conditions of any such exchange
 2961  and may pay or receive any sum of money that the board considers
 2962  necessary to equalize the values of exchanged properties. Land,
 2963  or interests or rights in land, acquired under former s. 373.59,
 2964  Florida Statutes 2014, may be exchanged only for lands, or
 2965  interests or rights in lands, that otherwise meet the
 2966  requirements of that section for acquisition.
 2967         Section 36. Paragraph (a) of subsection (5) of section
 2968  373.129, Florida Statutes, is amended to read:
 2969         373.129 Maintenance of actions.—The department, the
 2970  governing board of any water management district, any local
 2971  board, or a local government to which authority has been
 2972  delegated pursuant to s. 373.103(8), is authorized to commence
 2973  and maintain proper and necessary actions and proceedings in any
 2974  court of competent jurisdiction for any of the following
 2975  purposes:
 2976         (5) To recover a civil penalty for each offense in an
 2977  amount not to exceed $10,000 per offense. Each date during which
 2978  such violation occurs constitutes a separate offense.
 2979         (a) A civil penalty recovered by a water management
 2980  district pursuant to this subsection shall be retained deposited
 2981  in the Water Management Lands Trust Fund established under s.
 2982  373.59 and used exclusively by the water management district
 2983  that collected deposits the money into the fund. A civil penalty
 2984  recovered by the department pursuant to this subsection must be
 2985  deposited into the Water Quality Assurance Trust Fund
 2986  established under s. 376.307 Any such civil penalty recovered
 2987  after the expiration of such fund shall be deposited in the
 2988  Ecosystem Management and Restoration Trust Fund and used
 2989  exclusively within the water management district that deposits
 2990  the money into the fund.
 2991         Section 37. Subsection (5) of section 373.1391, Florida
 2992  Statutes, is amended to read:
 2993         373.1391 Management of real property.—
 2994         (5) The following additional uses of lands acquired
 2995  pursuant to the Florida Forever program and other state-funded
 2996  land purchase programs shall be authorized, upon a finding by
 2997  the governing board, if they meet the criteria specified in
 2998  paragraphs (a)-(e): water resource development projects, water
 2999  supply development projects, stormwater management projects,
 3000  linear facilities, and sustainable agriculture and forestry.
 3001  Such additional uses are authorized where:
 3002         (a) Not inconsistent with the management plan for such
 3003  lands;
 3004         (b) Compatible with the natural ecosystem and resource
 3005  values of such lands;
 3006         (c) The proposed use is appropriately located on such lands
 3007  and where due consideration is given to the use of other
 3008  available lands;
 3009         (d) The using entity reasonably compensates the titleholder
 3010  for such use based upon an appropriate measure of value; and
 3011         (e) The use is consistent with the public interest.
 3012  
 3013  A decision by the governing board pursuant to this subsection
 3014  shall be given a presumption of correctness. Moneys received
 3015  from the use of state lands pursuant to this subsection shall be
 3016  returned to the lead managing agency in accordance with the
 3017  provisions of s. 373.59.
 3018         Section 38. Subsection (7) of section 373.199, Florida
 3019  Statutes, is amended to read:
 3020         373.199 Florida Forever Water Management District Work
 3021  Plan.—
 3022         (7) By June 1, 2001, each district shall file with the
 3023  President of the Senate, the Speaker of the House of
 3024  Representatives, and the Secretary of Environmental Protection
 3025  the initial 5-year work plan as required under subsection (2).
 3026  By March 1 of each year thereafter, as part of the consolidated
 3027  annual report required by s. 373.036(7), each district shall
 3028  report on acquisitions completed during the year together with
 3029  modifications or additions to its 5-year work plan. Included in
 3030  the report shall be:
 3031         (a) A description of land management activity for each
 3032  property or project area owned by the water management district.
 3033         (b) A list of any lands surplused and the amount of
 3034  compensation received.
 3035         (c) The progress of funding, staffing, and resource
 3036  management of every project funded pursuant to former s.
 3037  259.101(3), Florida Statutes 2014 s. 259.101, s. 259.105, or
 3038  former s. 373.59(2), Florida Statutes 2014, s. 373.59 for which
 3039  the district is responsible.
 3040  
 3041  The secretary shall submit the report referenced in this
 3042  subsection to the Board of Trustees of the Internal Improvement
 3043  Trust Fund together with the Acquisition and Restoration
 3044  Council’s project list as required under s. 259.105.
 3045         Section 39. Subsection (7) of section 373.430, Florida
 3046  Statutes, is amended to read:
 3047         373.430 Prohibitions, violation, penalty, intent.—
 3048         (7) All moneys recovered under the provisions of this
 3049  section shall be allocated to the use of the water management
 3050  district, the department, or the local government, whichever
 3051  undertook and maintained the enforcement action. All monetary
 3052  penalties and damages recovered by the department or the state
 3053  under the provisions of this section shall be deposited into in
 3054  the Water Quality Assurance Ecosystem Management and Restoration
 3055  Trust Fund. All monetary penalties and damages recovered
 3056  pursuant to this section by a water management district shall be
 3057  retained deposited in the Water Management Lands Trust Fund
 3058  established under s. 373.59 and used exclusively within the
 3059  territory of the water management district which collected
 3060  deposits the money into the fund. Any such monetary penalties
 3061  and damages recovered after the expiration of such fund shall be
 3062  deposited in the Ecosystem Management and Restoration Trust Fund
 3063  and used exclusively within the territory of the water
 3064  management district which deposits the money into the fund. All
 3065  monetary penalties and damages recovered pursuant to this
 3066  subsection by a local government to which authority has been
 3067  delegated pursuant to s. 373.103(8) shall be used to enhance
 3068  surface water improvement or pollution control activities.
 3069         Section 40. Subsections (3) through (6) of section 373.459,
 3070  Florida Statutes, are amended to read:
 3071         373.459 Funds for surface water improvement and
 3072  management.—
 3073         (3) The Ecosystem Management and Restoration Trust Fund
 3074  shall be used for the deposit of funds appropriated by the
 3075  Legislature for the purposes of ss. 373.451-373.4595. The
 3076  department shall administer all funds appropriated to or
 3077  received for surface water improvement and management
 3078  activities. Expenditure of the moneys shall be limited to the
 3079  costs of detailed planning and plan and program implementation
 3080  for priority surface water bodies. Moneys may from the fund
 3081  shall not be expended for planning for, or construction or
 3082  expansion of, treatment facilities for domestic or industrial
 3083  waste disposal.
 3084         (4) The department shall authorize the release of money
 3085  from the fund in accordance with the provisions of s. 373.501(2)
 3086  and procedures in s. 373.59(4) and (5).
 3087         (5) Moneys in the fund which are not needed to meet current
 3088  obligations incurred under this section shall be transferred to
 3089  the State Board of Administration, to the credit of the trust
 3090  fund, to be invested in the manner provided by law. Interest
 3091  received on such investments shall be credited to the trust
 3092  fund.
 3093         (5)(6) The match requirement of subsection (2) does shall
 3094  not apply to the Suwannee River Water Management District, the
 3095  Northwest Florida Water Management District, or a financially
 3096  disadvantaged small local government as defined in former s.
 3097  403.885(3).
 3098         Section 41. Paragraph (a) of subsection (3) of section
 3099  373.4592, Florida Statutes, is amended to read:
 3100         373.4592 Everglades improvement and management.—
 3101         (3) EVERGLADES LONG-TERM PLAN.—
 3102         (a) The Legislature finds that the Everglades Program
 3103  required by this section establishes more extensive and
 3104  comprehensive requirements for surface water improvement and
 3105  management within the Everglades than the SWIM plan requirements
 3106  provided in ss. 373.451 and 373.453. In order to avoid
 3107  duplicative requirements, and in order to conserve the resources
 3108  available to the district, the SWIM plan requirements of those
 3109  sections shall not apply to the Everglades Protection Area and
 3110  the EAA during the term of the Everglades Program, and the
 3111  district will neither propose, nor take final agency action on,
 3112  any Everglades SWIM plan for those areas until the Everglades
 3113  Program is fully implemented. Funds identified under former s.
 3114  259.101(3)(b), Florida Statutes 2014, may be used for
 3115  acquisition of lands necessary to implement the Everglades
 3116  Construction Project, to the extent these funds are identified
 3117  in the Statement of Principles of July 1993. The district’s
 3118  actions in implementing the Everglades Construction Project
 3119  relating to the responsibilities of the EAA and C-139 Basin for
 3120  funding and water quality compliance in the EAA and the
 3121  Everglades Protection Area shall be governed by this section.
 3122  Other strategies or activities in the March 1992 Everglades SWIM
 3123  plan may be implemented if otherwise authorized by law.
 3124         Section 42. Subsection (4) of section 373.45926, Florida
 3125  Statutes, is amended to read:
 3126         373.45926 Everglades Trust Fund; allocation of revenues and
 3127  expenditure of funds for conservation and protection of natural
 3128  resources and abatement of water pollution.—
 3129         (4) The following funds shall be deposited into the
 3130  Everglades Trust Fund specifically for the implementation of the
 3131  Everglades Forever Act.
 3132         (a) Alligator Alley toll revenues pursuant to s. 338.26(3).
 3133         (b) Everglades agricultural privilege tax revenues pursuant
 3134  to s. 373.4592(6).
 3135         (c) C-139 agricultural privilege tax revenues pursuant to
 3136  s. 373.4592(7).
 3137         (d) Special assessment revenues pursuant to s. 373.4592(8).
 3138         (e) Ad valorem revenues pursuant to s. 373.4592(4)(a).
 3139         (f) Federal funds appropriated by the United States
 3140  Congress for any component of the Everglades Construction
 3141  Project.
 3142         (g) Preservation 2000 funds for acquisition of lands
 3143  necessary for implementation of the Everglades Forever Act as
 3144  prescribed in an annual appropriation.
 3145         (g)(h) Any additional funds specifically appropriated by
 3146  the Legislature for this purpose.
 3147         (h)(i) Gifts designated for implementation of the
 3148  Everglades Forever Act from individuals, corporations, and other
 3149  entities.
 3150         (i)(j) Any additional funds that become available for this
 3151  purpose from any other source.
 3152         Section 43. Paragraph (e) of subsection (4), paragraph (a)
 3153  of subsection (6), and paragraph (b) of subsection (7) of
 3154  section 373.470, Florida Statutes, are amended to read:
 3155         373.470 Everglades restoration.—
 3156         (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
 3157  DEPOSIT.—The following funds may be deposited into the Save Our
 3158  Everglades Trust Fund created by s. 373.472 to finance
 3159  implementation of the comprehensive plan, the Lake Okeechobee
 3160  Watershed Protection Plan, the River Watershed Protection Plans,
 3161  and the Keys Wastewater Plan:
 3162         (e) Funds made available pursuant to s. 201.15 for debt
 3163  service for Everglades restoration bonds.
 3164         (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
 3165         (a) Except as provided in paragraphs (d) and (e) and for
 3166  funds appropriated for debt service, the department shall
 3167  distribute funds in the Save Our Everglades Trust Fund to the
 3168  district in accordance with a legislative appropriation and s.
 3169  373.026(8)(b) and (c). Distribution of funds to the district
 3170  from the Save Our Everglades Trust Fund shall be equally matched
 3171  by the cumulative contributions from the district by fiscal year
 3172  2019-2020 by providing funding or credits toward project
 3173  components. The dollar value of in-kind project design and
 3174  construction work by the district in furtherance of the
 3175  comprehensive plan and existing interest in public lands needed
 3176  for a project component are credits towards the district’s
 3177  contributions.
 3178         (7) ANNUAL REPORT.—To provide enhanced oversight of and
 3179  accountability for the financial commitments established under
 3180  this section and the progress made in the implementation of the
 3181  comprehensive plan, the following information must be prepared
 3182  annually as part of the consolidated annual report required by
 3183  s. 373.036(7):
 3184         (b) The department shall prepare a detailed report on all
 3185  funds expended by the state and credited toward the state’s
 3186  share of funding for implementation of the comprehensive plan.
 3187  The report shall include:
 3188         1. A description of all expenditures, by source and amount,
 3189  from the former Conservation and Recreation Lands Trust Fund,
 3190  the Land Acquisition Trust Fund, the former Preservation 2000
 3191  Trust Fund, the Florida Forever Trust Fund, the Save Our
 3192  Everglades Trust Fund, and other named funds or accounts for the
 3193  acquisition or construction of project components or other
 3194  features or facilities that benefit the comprehensive plan.
 3195         2. A description of the purposes for which the funds were
 3196  expended.
 3197         3. The unencumbered fiscal-year-end balance that remains in
 3198  each trust fund or account identified in subparagraph 1.
 3199  
 3200  The information required in paragraphs (a), (b), and (c) shall
 3201  be provided as part of the consolidated annual report required
 3202  by s. 373.036(7). The initial report is due by November 30,
 3203  2000, and each annual report thereafter is due by March 1.
 3204         Section 44. Subsection (1) of section 373.472, Florida
 3205  Statutes, is amended to read:
 3206         373.472 Save Our Everglades Trust Fund.—
 3207         (1) There is created within the Department of Environmental
 3208  Protection the Save Our Everglades Trust Fund. Funds in the
 3209  trust fund shall be expended to implement the comprehensive plan
 3210  as defined in s. 373.470(2); the Lake Okeechobee Watershed
 3211  Protection Plan as defined in s. 373.4595(2); the Caloosahatchee
 3212  River Watershed Protection Plan as defined in s. 373.4595(2);
 3213  the St. Lucie River Watershed Protection Plan as defined in s.
 3214  373.4595(2); the Long-Term Plan as defined in s. 373.4592(2);
 3215  and the Florida Keys Area of Critical State Concern protection
 3216  program under ss. 380.05 and 380.0552 to restore and conserve
 3217  natural systems through the implementation of water management
 3218  projects, including wastewater management projects identified in
 3219  the “Keys Wastewater Plan” dated November 2007 and submitted to
 3220  the Florida House of Representatives on December 4, 2007; and to
 3221  pay debt service for Everglades restoration bonds issued
 3222  pursuant to s. 215.619. The trust fund shall serve as the
 3223  repository for state, local, and federal project contributions
 3224  in accordance with s. 373.470(4).
 3225         Section 45. Subsection (2) of section 373.584, Florida
 3226  Statutes, is amended to read:
 3227         373.584 Revenue bonds.—
 3228         (2) Revenues derived by the district from the Water
 3229  Management Lands Trust Fund as provided in s. 373.59 or any
 3230  other revenues of the district may be pledged to the payment of
 3231  such revenue bonds; however, the ad valorem taxing powers of the
 3232  district may not be pledged to the payment of such revenue bonds
 3233  without prior compliance with the requirements of the State
 3234  Constitution as to the affirmative vote of the electors of the
 3235  district and with the requirements of s. 373.563, and bonds
 3236  payable from the Water Management Lands Trust Fund shall be
 3237  issued solely for the purposes set forth in s. 373.59. Revenue
 3238  bonds and notes shall be, and shall be deemed to be, for all
 3239  purposes, negotiable instruments, subject only to the provisions
 3240  of the revenue bonds and notes for registration. The powers and
 3241  authority of districts to issue revenue bonds, including, but
 3242  not limited to, bonds to finance a stormwater management system
 3243  as defined by s. 373.403, and to enter into contracts incidental
 3244  thereto, and to do all things necessary and desirable in
 3245  connection with the issuance of revenue bonds, shall be
 3246  coextensive with the powers and authority of municipalities to
 3247  issue bonds under state law. The provisions of this section
 3248  constitute full and complete authority for the issuance of
 3249  revenue bonds and shall be liberally construed to effectuate its
 3250  purpose.
 3251         Section 46. Section 373.59, Florida Statutes, is amended to
 3252  read:
 3253         373.59 Payment in lieu of taxes for lands acquired for
 3254  water management district purposes Water Management Lands Trust
 3255  Fund.—
 3256         (1) There is established within the Department of
 3257  Environmental Protection the Water Management Lands Trust Fund
 3258  to be used as a nonlapsing fund for the purposes of this
 3259  section. The moneys in this fund are hereby continually
 3260  appropriated for the purposes of land acquisition, management,
 3261  maintenance, capital improvements of land titled to the
 3262  districts, payments in lieu of taxes, debt service on bonds
 3263  issued prior to July 1, 1999, debt service on bonds issued on or
 3264  after July 1, 1999, which are issued to refund bonds issued
 3265  before July 1, 1999, preacquisition costs associated with land
 3266  purchases, and the department’s costs of administration of the
 3267  fund. No refunding bonds may be issued which mature after the
 3268  final maturity date of the bonds being refunded or which provide
 3269  for higher debt service in any year than is payable on such
 3270  bonds as of February 1, 2009. The department’s costs of
 3271  administration shall be charged proportionally against each
 3272  district’s allocation using the formula provided in subsection
 3273  (8). Capital improvements shall include, but need not be limited
 3274  to, perimeter fencing, signs, firelanes, control of invasive
 3275  exotic species, controlled burning, habitat inventory and
 3276  restoration, law enforcement, access roads and trails, and
 3277  minimal public accommodations, such as primitive campsites,
 3278  garbage receptacles, and toilets. The moneys in the fund may
 3279  also be appropriated to supplement operational expenditures at
 3280  the Northwest Florida Water Management District and the Suwannee
 3281  River Water Management District, with such appropriations
 3282  allocated prior to the allocations set out in subsection (8) to
 3283  the five water management districts.
 3284         (2) Until the Preservation 2000 Program is concluded, each
 3285  district shall file with the Legislature and the Secretary of
 3286  Environmental Protection a report of acquisition activity, by
 3287  January 15 of each year, together with modifications or
 3288  additions to its 5-year plan of acquisition. Included in the
 3289  report shall be an identification of those lands which require a
 3290  full fee simple interest to achieve water management goals and
 3291  those lands which can be acquired using alternatives to fee
 3292  simple acquisition techniques and still achieve such goals. In
 3293  their evaluation of which lands would be appropriate for
 3294  acquisition through alternatives to fee simple, district staff
 3295  shall consider criteria including, but not limited to,
 3296  acquisition costs, the net present value of future land
 3297  management costs, the net present value of ad valorem revenue
 3298  loss to the local government, and the potential for revenue
 3299  generated from activities compatible with acquisition
 3300  objectives. The report shall also include a description of land
 3301  management activity. However, no acquisition of lands shall
 3302  occur without a public hearing similar to those held pursuant to
 3303  the provisions set forth in s. 120.54. In the annual update of
 3304  its 5-year plan for acquisition, each district shall identify
 3305  lands needed to protect or recharge groundwater and shall
 3306  establish a plan for their acquisition as necessary to protect
 3307  potable water supplies. Lands which serve to protect or recharge
 3308  groundwater identified pursuant to this paragraph shall also
 3309  serve to protect other valuable natural resources or provide
 3310  space for natural resource based recreation. Once all
 3311  Preservation 2000 funds allocated to the water management
 3312  districts have been expended or committed, this subsection shall
 3313  be repealed.
 3314         (3) Each district shall remove the property of an unwilling
 3315  seller from its plan of acquisition at the next scheduled update
 3316  of the plan, if in receipt of a request to do so by the property
 3317  owner. This subsection shall be repealed at the conclusion of
 3318  the Preservation 2000 program.
 3319         (4) The Secretary of Environmental Protection shall release
 3320  moneys from the Water Management Lands Trust Fund to a district
 3321  for preacquisition costs within 30 days after receipt of a
 3322  resolution adopted by the district’s governing board which
 3323  identifies and justifies any such preacquisition costs necessary
 3324  for the purchase of any lands listed in the district’s 5-year
 3325  plan. The district shall return to the department any funds not
 3326  used for the purposes stated in the resolution, and the
 3327  department shall deposit the unused funds into the Water
 3328  Management Lands Trust Fund.
 3329         (5) The Secretary of Environmental Protection shall release
 3330  to the districts moneys for management, maintenance, and capital
 3331  improvements following receipt of a resolution and request
 3332  adopted by the governing board which specifies the designated
 3333  managing agency, specific management activities, public use,
 3334  estimated annual operating costs, and other acceptable
 3335  documentation to justify release of moneys.
 3336         (6) If a district issues revenue bonds or notes under s.
 3337  373.584 prior to July 1, 1999, the district may pledge its share
 3338  of the moneys in the Water Management Lands Trust Fund as
 3339  security for such bonds or notes. The Department of
 3340  Environmental Protection shall pay moneys from the trust fund to
 3341  a district or its designee sufficient to pay the debt service,
 3342  as it becomes due, on the outstanding bonds and notes of the
 3343  district; however, such payments shall not exceed the district’s
 3344  cumulative portion of the trust fund. However, any moneys
 3345  remaining after payment of the amount due on the debt service
 3346  shall be released to the district pursuant to subsection (5).
 3347         (7) Any unused portion of a district’s share of the fund
 3348  shall accumulate in the trust fund to the credit of that
 3349  district. Interest earned on such portion shall also accumulate
 3350  to the credit of that district to be used for management,
 3351  maintenance, and capital improvements as provided in this
 3352  section. The total moneys over the life of the fund available to
 3353  any district under this section shall not be reduced except by
 3354  resolution of the district governing board stating that the need
 3355  for the moneys no longer exists. Any water management district
 3356  with fund balances in the Water Management Lands Trust Fund as
 3357  of March 1, 1999, may expend those funds for land acquisitions
 3358  pursuant to s. 373.139, or for the purpose specified in this
 3359  subsection.
 3360         (8) Moneys from the Water Management Lands Trust Fund shall
 3361  be allocated as follows:
 3362         (a) Beginning with the 2009-2010 fiscal year, thirty
 3363  percent shall be used first to pay debt service on bonds issued
 3364  before February 1, 2009, by the South Florida Water Management
 3365  District which are secured by revenues provided by this section
 3366  or to fund debt service reserve funds, rebate obligations, or
 3367  other amounts payable with respect to such bonds, then to
 3368  transfer $3,000,000 to the credit of the General Revenue Fund in
 3369  each fiscal year, and lastly to distribute the remainder to the
 3370  South Florida Water Management District.
 3371         (b) Beginning with the 2009-2010 fiscal year, twenty-five
 3372  percent shall be used first to transfer $2,500,000 to the credit
 3373  of the General Revenue Fund in each fiscal year and then to
 3374  distribute the remainder to the Southwest Florida Water
 3375  Management District.
 3376         (c) Beginning with the 2009-2010 fiscal year, twenty-five
 3377  percent shall be used first to pay debt service on bonds issued
 3378  before February 1, 2009, by the St. Johns River Water Management
 3379  District which are secured by revenues provided by this section
 3380  or to fund debt service reserve funds, rebate obligations, or
 3381  other amounts payable with respect to such bonds, then to
 3382  transfer $2,500,000 to the credit of the General Revenue Fund in
 3383  each fiscal year, and to distribute the remainder to the St.
 3384  Johns River Water Management District.
 3385         (d) Ten percent to the Suwannee River Water Management
 3386  District.
 3387         (e) Ten percent to the Northwest Florida Water Management
 3388  District.
 3389         (9) Moneys in the fund not needed to meet current
 3390  obligations incurred under this section shall be transferred to
 3391  the State Board of Administration, to the credit of the fund, to
 3392  be invested in the manner provided by law. Interest received on
 3393  such investments shall be credited to the fund.
 3394         (10)(a) Beginning July 1, 1999, not more than one-fourth of
 3395  the funds provided for in subsections (1) and (8) in any year
 3396  shall be reserved annually by a governing board, during the
 3397  development of its annual operating budget, for payments in lieu
 3398  of taxes for all actual ad valorem tax losses incurred as a
 3399  result of all governing board acquisitions for water management
 3400  district purposes. Reserved funds not used for payments in lieu
 3401  of taxes in any year shall revert to the Water Management Lands
 3402  Trust Fund to be used in accordance with the provisions of this
 3403  section.
 3404         (2)(b) Payment in lieu of taxes shall be available:
 3405         (a)1. To all counties that have a population of 150,000 or
 3406  fewer. Population levels shall be determined pursuant to s.
 3407  186.901. The population estimates published April 1 and used in
 3408  the revenue-sharing formula pursuant to s. 186.901 shall be used
 3409  to determine eligibility under this subsection and shall apply
 3410  to payments made for the subsequent fiscal year.
 3411         (b)2. To all local governments located in eligible counties
 3412  and whose lands are bought and taken off the tax rolls.
 3413  
 3414  For properties acquired after January 1, 2000, in the event that
 3415  such properties otherwise eligible for payment in lieu of taxes
 3416  under this subsection are leased or reserved and remain subject
 3417  to ad valorem taxes, payments in lieu of taxes shall commence or
 3418  recommence upon the expiration or termination of the lease or
 3419  reservation. If the lease is terminated for only a portion of
 3420  the lands at any time, the annual payments shall be made for
 3421  that portion only commencing the year after such termination,
 3422  without limiting the requirement that annual payments shall be
 3423  made on the remaining portion or portions of the land as the
 3424  lease on each expires. For the purposes of this subsection,
 3425  “local government” includes municipalities and the county school
 3426  board.
 3427         (3)(c) If sufficient funds are unavailable in any year to
 3428  make full payments to all qualifying counties and local
 3429  governments, such counties and local governments shall receive a
 3430  pro rata share of the moneys available.
 3431         (4)(d) The payment amount shall be based on the average
 3432  amount of actual ad valorem taxes paid on the property for the 3
 3433  years preceding acquisition. Applications for payment in lieu of
 3434  taxes shall be made no later than May 31 of the year for which
 3435  payment is sought. No payment in lieu of taxes shall be made for
 3436  properties which were exempt from ad valorem taxation for the
 3437  year immediately preceding acquisition.
 3438         (5)(e) If property that was subject to ad valorem taxation
 3439  was acquired by a tax-exempt entity for ultimate conveyance to
 3440  the state under this chapter, payment in lieu of taxes shall be
 3441  made for such property based upon the average amount of ad
 3442  valorem taxes paid on the property for the 3 years prior to its
 3443  being removed from the tax rolls. The water management districts
 3444  shall certify to the Department of Revenue those properties that
 3445  may be eligible under this provision. Once eligibility has been
 3446  established, that governmental entity shall receive annual
 3447  payments for each tax loss until the qualifying governmental
 3448  entity exceeds the population threshold pursuant to subsection
 3449  (2) paragraph (b).
 3450         (6)(f) Payment in lieu of taxes pursuant to this section
 3451  subsection shall be made annually to qualifying counties and
 3452  local governments after certification by the Department of
 3453  Revenue that the amounts applied for are reasonably appropriate,
 3454  based on the amount of actual ad valorem taxes paid on the
 3455  eligible property, and after the water management districts have
 3456  provided supporting documents to the Chief Financial Officer and
 3457  have requested that payment be made in accordance with the
 3458  requirements of this section. With the assistance of the local
 3459  government requesting payment in lieu of taxes, the water
 3460  management district that acquired the land is responsible for
 3461  preparing and submitting application requests for payment to the
 3462  Department of Revenue for certification.
 3463         (7)(g) If a water management district conveys to a county
 3464  or local government title to any land owned by the district, any
 3465  payments in lieu of taxes on the land made to the county or
 3466  local government shall be discontinued as of the date of the
 3467  conveyance.
 3468         (11) Notwithstanding any provision of this section to the
 3469  contrary, the governing board of a water management district may
 3470  request, and the Secretary of Environmental Protection shall
 3471  release upon such request, moneys allocated to the districts
 3472  pursuant to subsection (8) for purposes consistent with the
 3473  provisions of s. 373.709, s. 373.705, s. 373.139, or ss.
 3474  373.451-373.4595 and for legislatively authorized land
 3475  acquisition and water restoration initiatives. No funds may be
 3476  used pursuant to this subsection until necessary debt service
 3477  obligations, requirements for payments in lieu of taxes, and
 3478  land management obligations that may be required by this chapter
 3479  are provided for.
 3480         (12) Notwithstanding subsection (8), and for the 2014-2015
 3481  fiscal year only, the moneys from the Water Management Lands
 3482  Trust Fund are allocated as follows:
 3483         (a) An amount necessary to pay debt service on bonds issued
 3484  before February 1, 2009, by the South Florida Water Management
 3485  District and the St. Johns River Water Management District,
 3486  which are secured by revenues provided pursuant to this section,
 3487  or to fund debt service reserve funds, rebate obligations, or
 3488  other amounts payable with respect to such bonds.
 3489         (b) Eight million dollars to be transferred to the General
 3490  Revenue Fund.
 3491         (c) Seven million seven hundred thousand dollars to be
 3492  transferred to the Save Our Everglades Trust Fund to support
 3493  Everglades restoration projects included in the final report of
 3494  the Select Committee on Indian River Lagoon and Lake Okeechobee
 3495  Basin, dated November 8, 2013.
 3496         (d) Any remaining funds to be provided in accordance with
 3497  the General Appropriations Act.
 3498  
 3499  This subsection expires July 1, 2015.
 3500         Section 47. Section 373.5905, Florida Statutes, is amended
 3501  to read:
 3502         373.5905 Reinstatement of payments in lieu of taxes;
 3503  duration.—If a water management district has made a payment in
 3504  lieu of taxes to a governmental entity and subsequently
 3505  suspended such payment, beginning July 1, 2009, the water
 3506  management district shall reinstate appropriate payments and
 3507  continue the payments for as long as the county population
 3508  remains below the population threshold pursuant to s.
 3509  373.59(2)(a) s. 373.59(10)(b). This section does not authorize
 3510  or provide for payments in arrears.
 3511         Section 48. Subsection (8) of section 373.703, Florida
 3512  Statutes, is amended to read:
 3513         373.703 Water production; general powers and duties.—In the
 3514  performance of, and in conjunction with, its other powers and
 3515  duties, the governing board of a water management district
 3516  existing pursuant to this chapter:
 3517         (8) In addition to the power to issue revenue bonds
 3518  pursuant to s. 373.584, may issue revenue bonds for the purposes
 3519  of paying the costs and expenses incurred in carrying out the
 3520  purposes of this chapter or refunding obligations of the
 3521  district issued pursuant to this section. Such revenue bonds
 3522  shall be secured by, and be payable from, revenues derived from
 3523  the operation, lease, or use of its water production and
 3524  transmission facilities and other water-related facilities and
 3525  from the sale of water or services relating thereto. Such
 3526  revenue bonds may not be secured by, or be payable from, moneys
 3527  derived by the district from the Water Management Lands Trust
 3528  Fund or from ad valorem taxes received by the district or from
 3529  moneys appropriated by the Legislature, unless otherwise
 3530  specifically authorized by law. All provisions of s. 373.584
 3531  relating to the issuance of revenue bonds which are not
 3532  inconsistent with this section shall apply to the issuance of
 3533  revenue bonds pursuant to this section. The district may also
 3534  issue bond anticipation notes in accordance with the provisions
 3535  of s. 373.584.
 3536         Section 49. Subsection (8) of section 375.031, Florida
 3537  Statutes, is amended to read:
 3538         375.031 Acquisition of land; procedures.—
 3539         (8) The department may, if it deems it desirable and in the
 3540  best interest of the program, request the board of trustees to
 3541  sell or otherwise dispose of any lands or water storage areas
 3542  acquired under this act. The board of trustees, when so
 3543  requested, shall offer the lands or water storage areas, on such
 3544  terms as the department may determine, first to other state
 3545  agencies and then, if still available, to the county or
 3546  municipality in which the lands or water storage areas lie. If
 3547  not acquired by another state agency or local governmental body
 3548  for beneficial public purposes, the lands or water storage areas
 3549  shall then be offered by the board of trustees at public sale,
 3550  after first giving notice of such sale by publication in a
 3551  newspaper published in the county or counties in which such
 3552  lands or water storage areas lie not less than once a week for 3
 3553  consecutive weeks. All proceeds from the sale or disposition of
 3554  any lands or water storage areas pursuant to this section shall
 3555  be deposited into the appropriate trust fund pursuant to s.
 3556  253.034(6)(k), (l), or (m) in the Land Acquisition Trust Fund.
 3557         Section 50. Section 375.041, Florida Statutes, is amended
 3558  to read:
 3559         375.041 Land Acquisition Trust Fund.—
 3560         (1) There is created a Land Acquisition Trust Fund within
 3561  the Department of Environmental Protection. The Land Acquisition
 3562  Trust Fund is designated by s. 28, Art. X of the State
 3563  Constitution for receipt of certain documentary stamp tax
 3564  revenue for the uses prescribed therein to facilitate and
 3565  expedite the acquisition of land, water areas, and related
 3566  resources required to accomplish the purposes of this act. The
 3567  Land Acquisition Trust Fund shall be held and administered by
 3568  the department. The Land Acquisition Trust Fund shall continue
 3569  for as long as bonds are outstanding pursuant to s. 215.618 or
 3570  s. 215.619, or any bonds secured on a parity basis with such
 3571  bonds, or until the requirement of s. 28, Art. X of the State
 3572  Constitution expires, whichever is later All moneys and revenue
 3573  from the operation, management, sale, lease, or other
 3574  disposition of land, water areas, related resources, and the
 3575  facilities thereon acquired or constructed under this act shall
 3576  be deposited in or credited to the Land Acquisition Trust Fund.
 3577  Moneys accruing to any agency for the purposes enumerated in
 3578  this act may be deposited in this fund. There shall also be
 3579  deposited into the Land Acquisition Trust Fund other moneys as
 3580  authorized by appropriate act of the Legislature. All moneys so
 3581  deposited into the Land Acquisition Trust Fund shall be trust
 3582  funds for the uses and purposes herein set forth, within the
 3583  meaning of s. 215.32(1)(b); and such moneys shall not become or
 3584  be commingled with the General Revenue Fund of the state, as
 3585  defined by s. 215.32(1)(a).
 3586         (2) All moneys and revenue from the sale or other
 3587  disposition of land, water areas, or related resources acquired
 3588  on or after July 1, 2015, for the purposes of s. 28, Art. X of
 3589  the State Constitution shall be deposited into or credited to
 3590  the Land Acquisition Trust Fund, except as otherwise provided
 3591  pursuant to s. 253.034(6)(l).
 3592         (3) Funds distributed into The moneys on deposit in the
 3593  Land Acquisition Trust Fund pursuant to s. 201.15 shall be first
 3594  applied to:
 3595         (a) First, to pay debt service or to fund debt service
 3596  reserve funds, rebate obligations, or other amounts payable with
 3597  respect to Florida Forever bonds issued under s. 215.618; and
 3598  pay debt service, provide reserves, and pay rebate obligations
 3599  and other amounts due with respect to Everglades restoration
 3600  bonds issued under s. 215.619;
 3601         (b) Then, to pay the debt service on bonds issued before
 3602  February 1, 2009, by the South Florida Water Management District
 3603  and the St. Johns River Water Management District, which are
 3604  secured by revenues provided pursuant to former s. 373.59,
 3605  Florida Statutes 2014, or which are necessary to fund debt
 3606  service reserve funds, rebate obligations, or other amounts
 3607  payable with respect to such bonds. This paragraph expires July
 3608  1, 2016; and
 3609         (c) Then, to distribute $32 million each fiscal year to the
 3610  South Florida Water Management District for the Long-Term Plan
 3611  as defined in s. 373.4592(2). This paragraph expires July 1,
 3612  2024 pay the rentals due under lease-purchase agreements or to
 3613  meet debt service requirements of revenue bonds issued pursuant
 3614  to s. 375.051; provided, however, that debt service on Save Our
 3615  Coast bonds shall not be paid from moneys transferred to the
 3616  Land Acquisition Trust Fund pursuant to s. 259.032(2)(b).
 3617         (4)(3)(a) Any remaining moneys in the Land Acquisition
 3618  Trust Fund which are not distributed pledged for rentals or debt
 3619  service as provided in subsection (3) (2) may be appropriated
 3620  expended from time to time for the purposes set forth in s. 28,
 3621  Art. X of the State Constitution to acquire land, water areas,
 3622  and related resources and to construct, improve, enlarge,
 3623  extend, operate, and maintain capital improvements and
 3624  facilities in accordance with the plan.
 3625         (b) In addition to the uses allowed under paragraph (a),
 3626  for the 2014-2015 fiscal year, moneys in the Land Acquisition
 3627  Trust Fund may be transferred to support the Total Maximum Daily
 3628  Loads Program as provided in the General Appropriations Act.
 3629  This paragraph expires July 1, 2015.
 3630         (c) For the 2014-2015 fiscal year only, moneys in the Land
 3631  Acquisition Trust Fund may be transferred to the Save Our
 3632  Everglades Trust Fund to support Everglades restoration projects
 3633  included in the final report of the Select Committee on Indian
 3634  River Lagoon and Lake Okeechobee Basin, dated November 8, 2013,
 3635  and to the Florida Forever Trust Fund for the Florida Forever
 3636  program pursuant to nonoperating budget authority under s.
 3637  216.181(12). This paragraph expires July 1, 2015.
 3638         (4) The department may disburse moneys in the Land
 3639  Acquisition Trust Fund to pay all necessary expenses to carry
 3640  out the purposes of this act. The department shall disburse
 3641  moneys from the Land Acquisition Trust Fund to the Fish and
 3642  Wildlife Conservation Commission for the purpose of funding law
 3643  enforcement services on state lands.
 3644         (5)Moneys accruing to other agencies for the purposes
 3645  designated in subsection (1) shall be transferred pursuant to
 3646  nonoperating budget authority under s. 216.181(12). Agencies
 3647  shall maintain the integrity of such transferred moneys. Any
 3648  transferred moneys available from reversions or reductions of
 3649  budget authority in the other agencies shall be transferred back
 3650  to the Land Acquisition Trust Fund in the Department of
 3651  Environmental Protection within 15 days after such reversion or
 3652  reduction and must be available for future appropriation
 3653  pursuant to s. 28, Art. X of the State Constitution.
 3654         (6)(5) When the Legislature has authorized the Department
 3655  of Environmental Protection to condemn a specific parcel of land
 3656  and such parcel already has been approved for acquisition
 3657  through the fund, the land may be acquired in accordance with
 3658  the provisions of chapter 73 or chapter 74, and the fund may be
 3659  used to pay the condemnation award and all costs, including a
 3660  reasonable attorney fees attorney’s fee, associated with
 3661  condemnation.
 3662         Section 51. Subsection (2) of section 375.044, Florida
 3663  Statutes, is amended to read:
 3664         375.044 Land Acquisition Trust Fund budget request.—
 3665         (2) The legislative budget request shall be submitted to
 3666  the Executive Office of the Governor and the Legislature in
 3667  conjunction with the provisions of ss. 216.023, 216.031, and
 3668  216.043. The 10-year request shall include, but need shall not
 3669  be limited to:
 3670         (a) A 10-year annual cash-flow analysis of the Land
 3671  Acquisition Trust Fund.
 3672         (b) The requested schedule of the agency for issuance of
 3673  Save Our Coasts bonds.
 3674         (b)(c) Forecasts of anticipated revenues to the Land
 3675  Acquisition Trust Fund.
 3676         (c)(d) The estimate of the agency of Land Acquisition Trust
 3677  Fund encumbrances and commitments for each year and the
 3678  corresponding estimates of expenditures.
 3679         Section 52. Section 375.045, Florida Statutes, is repealed.
 3680         Section 53. Subsection (1) and paragraph (c) of subsection
 3681  (2) of section 375.075, Florida Statutes, are amended to read:
 3682         375.075 Outdoor recreation; financial assistance to local
 3683  governments.—
 3684         (1) The Department of Environmental Protection is
 3685  authorized to establish the Florida Recreation Development
 3686  Assistance Program to provide grants, subject to legislative
 3687  appropriation, to qualified local governmental entities to
 3688  acquire or develop land for public outdoor recreation purposes.
 3689  To the extent not needed for debt service on bonds issued
 3690  pursuant to s. 375.051, each year the department shall develop
 3691  and plan a program which shall be based upon funding of not less
 3692  than 5 percent of the money credited to the Land Acquisition
 3693  Trust Fund pursuant to s. 201.15(2) and (3) in that year. The
 3694  department shall develop and plan a program that must which
 3695  shall be based upon the cumulative total funding appropriated by
 3696  the Legislature for such purpose provided from this section and
 3697  from the Florida Forever Trust Fund pursuant to s.
 3698  259.105(3)(d).
 3699         (2)
 3700         (c) Funds may not be released under No release of funds
 3701  from the Land Acquisition Trust Fund, or from the Florida
 3702  Forever Trust Fund beginning in fiscal year 2001-2002, for this
 3703  program may be made for these public recreation projects until
 3704  the projects have been selected through the competitive
 3705  selection process provided for in this section.
 3706         Section 54. Section 376.11, Florida Statutes, is amended to
 3707  read:
 3708         376.11 Florida Coastal Protection Trust Fund.—
 3709         (1) The purpose of this section is to provide a mechanism
 3710  to have financial resources immediately available for prevention
 3711  of, and cleanup and rehabilitation after, a pollutant discharge,
 3712  to prevent further damage by the pollutant, and to pay for
 3713  damages. It is the legislative intent that this section be
 3714  liberally construed to effect the purposes set forth, such
 3715  interpretation being especially imperative in light of the
 3716  danger to the environment and resources.
 3717         (2) The Florida Coastal Protection Trust Fund is
 3718  established, to be used by the department and the Fish and
 3719  Wildlife Conservation Commission as a nonlapsing revolving fund
 3720  for carrying out the purposes of ss. 376.011-376.21.
 3721         (3)The following funds shall be deposited into the Florida
 3722  Coastal Protection Trust Fund: To this fund shall be credited
 3723         (a) All registration fees, penalties, judgments, damages
 3724  recovered pursuant to s. 376.121, other fees and charges related
 3725  to ss. 376.011-376.21, and the excise tax revenues levied,
 3726  collected, and credited pursuant to ss. 206.9935(1) and
 3727  206.9945(1)(a);
 3728         (b) Proceeds of fines and awards of damages pursuant to s.
 3729  161.054; and
 3730         (c) Funds from other sources otherwise specified by law.
 3731         (4) Charges against the fund shall be in accordance with
 3732  this section.
 3733         (5)(3) Moneys in the fund that are not needed currently to
 3734  meet the obligations of the department in the exercise of its
 3735  responsibilities under ss. 376.011-376.21 shall be deposited
 3736  with the Chief Financial Officer to the credit of the fund and
 3737  may be invested in such manner as is provided for by statute.
 3738  Interest received on such investment shall be credited to the
 3739  fund, except as otherwise specified herein.
 3740         (6)(4) Moneys in the Florida Coastal Protection Trust Fund
 3741  may shall be used disbursed for the following purposes and no
 3742  others:
 3743         (a) To carry out the purposes of ss. 376.011-376.21.
 3744         (b)(a)To pay administrative expenses, personnel expenses,
 3745  and equipment costs of the department and the Fish and Wildlife
 3746  Conservation Commission related to the enforcement of ss.
 3747  376.011-376.21.
 3748         (c)(b) All costs involved in the prevention and abatement
 3749  of pollution related to the discharge of pollutants covered by
 3750  ss. 376.011-376.21 and the abatement of other potential
 3751  pollution hazards as authorized herein.
 3752         (d)(c) All costs and expenses of the cleanup, restoration,
 3753  and rehabilitation of waterfowl, wildlife, and all other natural
 3754  resources damaged by the discharge of pollutants, including the
 3755  costs of assessing and recovering damages to natural resources,
 3756  whether performed or authorized by the department or any other
 3757  state or local agency.
 3758         (e)(d) All provable costs and damages which are the
 3759  proximate results of the discharge of pollutants covered by ss.
 3760  376.011-376.21.
 3761         (f)(e) Loans to the Inland Protection Trust Fund created in
 3762  s. 376.3071.
 3763         (g)(f) The interest earned from investments of the balance
 3764  in the Florida Coastal Protection Trust Fund shall be used for
 3765  funding the administrative expenses, personnel expenses, and
 3766  equipment costs of the department relating to the enforcement of
 3767  ss. 376.011-376.21.
 3768         (h)(g) The funding of a grant program to local governments,
 3769  pursuant to s. 376.15(3)(d) and (e), for the removal of derelict
 3770  vessels from the public waters of the state.
 3771         (i)(h) The department may spend up to $1 million per year
 3772  from the principal of the fund to acquire, design, train, and
 3773  maintain emergency cleanup response teams and equipment located
 3774  at appropriate ports throughout the state for the purpose of
 3775  cleaning oil and other toxic materials from coastal waters. When
 3776  the teams and equipment are not needed for these purposes they
 3777  may be used for any other valid purpose of the department.
 3778         (j)(i) To provide a temporary transfer of funds in an
 3779  amount not to exceed $10 million to the Minerals Trust Fund as
 3780  set forth in s. 376.40.
 3781         (k)(j) Funding for marine law enforcement.
 3782         (7)(5) Any interest in lands acquired using moneys in the
 3783  Florida Coastal Protection Trust Fund shall be held by the
 3784  Trustees of the Internal Improvement Trust Fund, and such lands
 3785  shall be acquired pursuant to the procedures set forth in s.
 3786  253.025.
 3787         (8)(6) The department shall recover to the use of the fund
 3788  from the person or persons causing the discharge or from the
 3789  Federal Government, jointly and severally, all sums owed or
 3790  expended from the fund, pursuant to s. 376.123(10), except that
 3791  recoveries resulting from damage due to a discharge of a
 3792  pollutant or other similar disaster shall be apportioned between
 3793  the Florida Coastal Protection Trust Fund and the General
 3794  Revenue Fund so as to repay the full costs to the General
 3795  Revenue Fund of any sums disbursed therefrom as a result of such
 3796  disaster. Requests for reimbursement to the fund for the above
 3797  costs, if not paid within 30 days of demand, shall be turned
 3798  over to the Department of Legal Affairs for collection.
 3799         Section 55. Subsection (8) of section 376.123, Florida
 3800  Statutes, is amended to read:
 3801         376.123 Claims against the Florida Coastal Protection Trust
 3802  Fund.—
 3803         (8) If a person chooses to make a claim against the fund
 3804  and accepts payment from, or a judgment against, the fund, then
 3805  the department shall be subrogated to any cause of action that
 3806  the claimant may have had, to the extent of such payment or
 3807  judgment, and shall diligently pursue recovery on that cause of
 3808  action pursuant to subsection (10) and s. 376.11(8) s.
 3809  376.11(6). In any such action, the amount of damages shall be
 3810  proved by the department by submitting to the court a written
 3811  report of the amounts paid or owed from the fund to claimants.
 3812  Such written report shall be admissible as evidence, and the
 3813  amounts paid from or owed by the fund to the claimants stated
 3814  therein shall be irrebuttably presumed to be the amount of
 3815  damages.
 3816         Section 56. Paragraphs (g) through (l) are added to
 3817  subsection (1) of section 376.307, Florida Statutes, subsection
 3818  (4) of that section is amended, and subsection (8) is added to
 3819  that section, to read:
 3820         376.307 Water Quality Assurance Trust Fund.—
 3821         (1) The Water Quality Assurance Trust Fund is intended to
 3822  serve as a broad-based fund for use in responding to incidents
 3823  of contamination that pose a serious danger to the quality of
 3824  groundwater and surface water resources or otherwise pose a
 3825  serious danger to the public health, safety, or welfare. Moneys
 3826  in this fund may be used:
 3827         (g) For detailed planning for and implementation of
 3828  programs for the management and restoration of ecosystems.
 3829         (h)For development and implementation of surface water
 3830  improvement and management plans and programs under ss. 373.451
 3831  373.4595.
 3832         (i) For activities to restore polluted areas of the state,
 3833  as defined by the department, to their condition before
 3834  pollution occurred or to otherwise enhance pollution control
 3835  activities.
 3836         (j)For activities undertaken by the department to recover
 3837  moneys as a result of actions against a person for a violation
 3838  of chapter 373.
 3839         (k)For funding activities described in s. 403.086(9) which
 3840  are authorized for implementation under the Leah Schad Memorial
 3841  Ocean Outfall Program.
 3842         (l) For funding activities to restore or rehabilitate
 3843  injured or destroyed coral reefs.
 3844         (4) The trust fund shall be funded as follows:
 3845         (a) An annual transfer of interest funds from the Florida
 3846  Coastal Protection Trust Fund pursuant to s. 376.11(6)(g) s.
 3847  376.11(4)(f).
 3848         (b) All excise taxes levied, collected, and credited to the
 3849  Water Quality Assurance Trust Fund in accordance with the
 3850  provisions of ss. 206.9935(2) and 206.9945(1)(b).
 3851         (c) All penalties, judgments, recoveries, reimbursements,
 3852  and other fees and charges related to the enforcement of ss.
 3853  376.30-376.317, other than penalties, judgments, and other fees
 3854  and charges related to the enforcement of ss. 376.3071 and
 3855  376.3073.
 3856         (d) The fee on the retail sale of lead-acid batteries
 3857  credited to the Water Quality Assurance Trust Fund under s.
 3858  403.7185.
 3859         (e) All penalties, judgments, recoveries, reimbursements,
 3860  loans, and other fees and charges collected under s. 376.3078;
 3861  tax revenues levied, collected, and credited under ss. 376.70
 3862  and 376.75; and registration fees collected under s.
 3863  376.303(1)(d).
 3864         (f) All civil penalties recovered pursuant to s.
 3865  373.129(5)(a).
 3866         (g) Funds appropriated by the Legislature for the purposes
 3867  of ss. 373.451-373.4595.
 3868         (h) Moneys collected pursuant to s. 403.121 and designated
 3869  for deposit into the Water Quality Assurance Trust Fund.
 3870         (i) Moneys recovered by the state as a result of actions
 3871  initiated by the department against a person for a violation of
 3872  chapter 373 or chapter 403.
 3873         (j) Damages recovered pursuant to s. 403.93345 for coral
 3874  reef protection.
 3875         (k) Funds available for the Leah Schad Memorial Ocean
 3876  Outfall Program pursuant to s. 403.08601.
 3877         (l)Funds received by the state for injury to or
 3878  destruction of coral reefs, which funds would otherwise be
 3879  deposited into the General Revenue Fund or the Internal
 3880  Improvement Trust Fund. The department may enter into settlement
 3881  agreements that require responsible parties to pay a third party
 3882  to fund projects related to the restoration of a coral reef, to
 3883  accomplish mitigation for injury to a coral reef, or to support
 3884  the activities of law enforcement agencies related to coral reef
 3885  injury response, investigation, and assessment. Participation of
 3886  a law enforcement agency in the receipt of funds through this
 3887  mechanism shall be at the law enforcement agency’s discretion.
 3888         (m) Moneys from sources otherwise specified by law.
 3889         (8) A settlement entered into by the department may not
 3890  limit the Legislature’s authority to appropriate moneys from the
 3891  trust fund; however, the department may enter into a settlement
 3892  in which the department agrees to request that moneys received
 3893  pursuant to the settlement will be included in its legislative
 3894  budget request for purposes set out in the settlement; and
 3895  further, the department may enter into a settlement in cases
 3896  involving joint enforcement with the Hillsborough County
 3897  pollution control program, as a program approved by the
 3898  department pursuant to s. 403.182, in which the department
 3899  agrees that moneys are to be deposited into that local program’s
 3900  pollution recovery fund and used for projects directed toward
 3901  addressing the environmental damage that was the subject of the
 3902  cause of action for which funds were received.
 3903         Section 57. Subsection (4) of section 376.40, Florida
 3904  Statutes, is amended to read:
 3905         376.40 Petroleum exploration and production; purposes;
 3906  funding.—
 3907         (4) FUNDING.—There shall be deposited in the Minerals Trust
 3908  Fund:
 3909         (a) All fees charged permittees under ss. 377.24(1),
 3910  377.2408(1), and 377.2425(1)(b).
 3911         (b) All penalties, judgments, recoveries, reimbursements,
 3912  and other fees and charges related to the implementation of this
 3913  section.
 3914         (c) Any other funds required to be deposited in the trust
 3915  fund under provisions of law.
 3916  
 3917  If moneys on deposit in the trust fund are not sufficient to
 3918  satisfy the needed remedial or corrective action, and if the
 3919  responsible party does not take remedial and corrective action
 3920  in a timely manner or if a catastrophic event occurs, a
 3921  temporary transfer of the required amount, or a maximum of $10
 3922  million, from the Florida Coastal Protection Trust Fund pursuant
 3923  to s. 376.11(6)(j) s. 376.11(4)(i) is authorized. The Florida
 3924  Coastal Protection Trust Fund shall be reimbursed immediately
 3925  upon deposit into the Minerals Trust Fund of moneys referred to
 3926  in paragraph (b).
 3927         Section 58. Section 379.202, Florida Statutes, is repealed.
 3928         Section 59. Subsection (2) of section 379.206, Florida
 3929  Statutes, is amended, and subsection (3) is added to that
 3930  section, to read:
 3931         379.206 Grants and Donations Trust Fund.—
 3932         (2) The fund is established for use as a depository for
 3933  funds to be used for allowable grant and donor agreement
 3934  activities funded by restricted contractual revenue. Moneys to
 3935  be credited to the trust fund shall consist of grants and
 3936  donations from private and public nonfederal sources,
 3937  development-of-regional-impact wildlife mitigation
 3938  contributions, interest earnings, and cash advances from other
 3939  trust funds.
 3940         (3) If acquisition pursuant to this section will result in
 3941  state ownership of land, title shall be vested in the Board of
 3942  Trustees of the Internal Improvement Trust Fund as required in
 3943  chapter 253. Land acquisition pursuant to this section shall be
 3944  voluntary, negotiated acquisition and, if title is to be vested
 3945  in the Board of Trustees of the Internal Improvement Trust Fund,
 3946  is subject to the acquisition procedures of s. 253.025.
 3947         Section 60. Section 379.212, Florida Statutes, is amended
 3948  to read:
 3949         379.212 Land Acquisition Trust Fund.—
 3950         (1)(a) There is established within the Fish and Wildlife
 3951  Conservation Commission the Land Acquisition Trust Fund to
 3952  implement s. 28, Art. X of the State Constitution for the
 3953  purpose of acquiring, assisting other agencies or local
 3954  governments in acquiring, or managing lands important to the
 3955  conservation of fish and wildlife.
 3956         (b) The Fish and Wildlife Conservation Commission or its
 3957  designee shall manage such lands for the primary purpose of
 3958  maintaining and enhancing their habitat value for fish and
 3959  wildlife. Other uses may be allowed that are not contrary to
 3960  this purpose.
 3961         (c) Where acquisition pursuant to this section will result
 3962  in state ownership of land, title shall be vested in the Board
 3963  of Trustees of the Internal Improvement Trust Fund as required
 3964  in chapter 253. Land acquisition pursuant to this section shall
 3965  be voluntary, negotiated acquisition and, where title is to be
 3966  vested in the Board of Trustees of the Internal Improvement
 3967  Trust Fund, is subject to the acquisition procedures of s.
 3968  253.025.
 3969         (d) Acquisition costs shall include purchase prices and
 3970  costs and fees associated with title work, surveys, and
 3971  appraisals required to complete an acquisition.
 3972         (2) The fund may be credited with funds transferred from
 3973  the Land Acquisition Trust Fund within the Department of
 3974  Environmental Protection as provided in s. 375.041 Moneys which
 3975  may be deposited into the Land Acquisition Trust Fund for the
 3976  purposes of this section may include, but not be limited to,
 3977  donations, grants, development-of-regional-impact wildlife
 3978  mitigation contributions, or legislative appropriations.
 3979  Preservation 2000 acquisition moneys and Conservation and
 3980  Recreation Lands management moneys shall not be deposited into
 3981  this fund.
 3982         (3) The Fish and Wildlife Conservation Commission shall
 3983  maintain the integrity of such moneys transferred from the
 3984  Department of Environmental Protection. Any transferred moneys
 3985  available from reversions and reductions in budget authority
 3986  shall be transferred back to the Land Acquisition Trust Fund in
 3987  the Department of Environmental Protection within 15 days after
 3988  such reversion or reduction and must be available for future
 3989  appropriation pursuant to s. 28, Art. X of the State
 3990  Constitution.
 3991         Section 61. (1) All undisbursed, unobligated balances and
 3992  all certified forward appropriations remaining in the Land
 3993  Acquisition Trust Fund within the Fish and Wildlife Conservation
 3994  Commission on June 30, 2015, shall be transferred to the Grants
 3995  and Donations Trust Fund, FLAIR number 77-2-339, within the Fish
 3996  and Wildlife Conservation Commission.
 3997         (2) This section shall take effect upon this act becoming a
 3998  law or on June 29, 2015, whichever occurs earlier.
 3999         Section 62. Subsection (2) of section 379.214, Florida
 4000  Statutes, is amended to read:
 4001         379.214 Invasive Plant Control Trust Fund.—
 4002         (2) Funds to be credited to and uses of the trust fund
 4003  shall be administered in accordance with the provisions of ss.
 4004  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
 4005         Section 63. Subsection (12) of section 380.0666, Florida
 4006  Statutes, is amended to read:
 4007         380.0666 Powers of land authority.—The land authority shall
 4008  have all the powers necessary or convenient to carry out and
 4009  effectuate the purposes and provisions of this act, including
 4010  the following powers, which are in addition to all other powers
 4011  granted by other provisions of this act:
 4012         (12) To identify parcels of land within the area or areas
 4013  of critical state concern that would be appropriate acquisitions
 4014  by the state from the Conservation and Recreational Lands Trust
 4015  Fund and recommend such acquisitions to the advisory council
 4016  established pursuant to s. 259.035 or its successor.
 4017         Section 64. Section 380.0677, Florida Statutes, is
 4018  repealed.
 4019         Section 65. Subsection (11) of section 380.507, Florida
 4020  Statutes, is amended to read:
 4021         380.507 Powers of the trust.—The trust shall have all the
 4022  powers necessary or convenient to carry out the purposes and
 4023  provisions of this part, including:
 4024         (11) To make rules necessary to carry out the purposes of
 4025  this part and to exercise any power granted in this part,
 4026  pursuant to the provisions of chapter 120. The trust shall adopt
 4027  rules governing the acquisition of lands with using proceeds
 4028  from the Preservation 2000 Trust Fund and the Florida Forever
 4029  Trust Fund, consistent with the intent expressed in the Florida
 4030  Forever Act. Such rules for land acquisition must include, but
 4031  are not limited to, procedures for appraisals and
 4032  confidentiality consistent with ss. 125.355(1)(a) and (b) and
 4033  166.045(1)(a) and (b), a method of determining a maximum
 4034  purchase price, and procedures to assure that the land is
 4035  acquired in a voluntarily negotiated transaction, surveyed,
 4036  conveyed with marketable title, and examined for hazardous
 4037  materials contamination. Land acquisition procedures of a local
 4038  land authority created pursuant to s. 380.0663 or s. 380.0677
 4039  may be used for the land acquisition programs described in
 4040  former s. by ss. 259.101(3)(c), Florida Statutes 2014, and in s.
 4041  259.105 if within areas of critical state concern designated
 4042  pursuant to s. 380.05, subject to approval of the trust.
 4043         Section 66. Subsection (4) of section 380.508, Florida
 4044  Statutes, is amended to read:
 4045         380.508 Projects; development, review, and approval.—
 4046         (4) Projects or activities which the trust undertakes,
 4047  coordinates, or funds in any manner shall comply with the
 4048  following guidelines:
 4049         (a) The purpose of redevelopment projects shall be to
 4050  restore areas which are adversely affected by scattered
 4051  ownership, poor lot layout, inadequate park and open space,
 4052  incompatible land uses, or other conditions which endanger the
 4053  environment or impede orderly development. Grants and loans
 4054  awarded for redevelopment projects shall be used for assembling
 4055  parcels of land within redevelopment project areas for the
 4056  redesign of such areas and for the installation of public
 4057  improvements required to serve such areas. After redesign and
 4058  installation of public improvements, if any, lands in
 4059  redevelopment projects, with the exception of lands acquired for
 4060  public purposes, shall be conveyed to any person for development
 4061  in accordance with a redevelopment project plan approved
 4062  according to this part.
 4063         (b) The purpose of resource enhancement projects shall be
 4064  to enhance natural resources which, because of indiscriminate
 4065  dredging or filling, improper location of improvements, natural
 4066  or human-induced events, or incompatible land uses, have
 4067  suffered loss of natural and scenic values. Grants and loans
 4068  awarded for resource enhancement projects shall be used for the
 4069  assembly of parcels of land to improve resource management, for
 4070  relocation of improperly located or designed improvements, and
 4071  for other corrective measures which will enhance the natural and
 4072  scenic character of project areas.
 4073         (c) The purpose of public access projects shall be to
 4074  acquire interests in and initially develop lands which are
 4075  suitable for and which will be used for public accessways to
 4076  surface waters. The trust shall identify local governments and
 4077  nonprofit organizations which will accept responsibility for
 4078  maintenance and liability for public accessways which are
 4079  located outside the state park system. The trust may lease any
 4080  public access site developed under this part to a local
 4081  government or nonprofit organization, provided that the
 4082  conditions of the lease guarantee public use of the site. The
 4083  trust may accept, from any local government or nonprofit
 4084  organization, fees collected for providing public access to
 4085  surface waters. The trust shall expend any such funds it accepts
 4086  only for acquisition, development, and maintenance of such
 4087  public accessways. To the maximum extent possible, the trust
 4088  shall expend such fees in the general area where they are
 4089  collected or in areas where public access to surface waters is
 4090  clearly deficient. The trust may transfer funds, including such
 4091  fees, to a local government or nonprofit organization to acquire
 4092  public access sites. In developing or coordinating public access
 4093  projects, the trust shall ensure that project plans involving
 4094  beach access are consistent with state laws governing beach
 4095  access.
 4096         (d) The purpose of urban waterfront restoration projects
 4097  shall be to restore deteriorated or deteriorating urban
 4098  waterfronts for public use and enjoyment. Urban waterfront
 4099  restoration projects shall include public access sites.
 4100         (e) The purpose of working waterfront projects shall be to
 4101  restore and preserve working waterfronts as provided in s.
 4102  380.5105.
 4103         (f) The trust shall cooperate with local governments, state
 4104  agencies, federal agencies, and nonprofit organizations in
 4105  ensuring the reservation of lands for parks, recreation, fish
 4106  and wildlife habitat, historical preservation, or scientific
 4107  study. If In the event that any local government, state agency,
 4108  federal agency, or nonprofit organization is unable, due to
 4109  limited financial resources or other circumstances of a
 4110  temporary nature, to acquire a site for the purposes described
 4111  in this paragraph, the trust may acquire and hold the site for
 4112  subsequent conveyance to the appropriate governmental agency or
 4113  nonprofit organization. The trust may provide such technical
 4114  assistance as is required to aid local governments, state and
 4115  federal agencies, and nonprofit organizations in completing
 4116  acquisition and related functions. The trust may shall not
 4117  reserve lands acquired in accordance with this paragraph for
 4118  more than 5 years from the time of acquisition. A local
 4119  government, federal or state agency, or nonprofit organization
 4120  may acquire the land at any time during this period for public
 4121  purposes. The purchase price shall be based upon the trust’s
 4122  cost of acquisition, plus administrative and management costs in
 4123  reserving the land. The payment of the this purchase price shall
 4124  be by money, trust-approved property of an equivalent value, or
 4125  a combination of money and trust-approved property. If, after
 4126  the 5-year period, the trust has not sold to a governmental
 4127  agency or nonprofit organization land acquired for site
 4128  reservation, the trust shall dispose of such land at fair market
 4129  value or shall trade it for other land of comparable value which
 4130  will serve to accomplish the purposes of this part. Any proceeds
 4131  from the sale of such land received by the department shall be
 4132  deposited into in the appropriate Florida Communities trust fund
 4133  pursuant to s. 253.034(6)(k), (l), or (m).
 4134  
 4135  Project costs may include costs of providing parks, open space,
 4136  public access sites, scenic easements, and other areas and
 4137  facilities serving the public where such features are part of a
 4138  project plan approved according to this part. In undertaking or
 4139  coordinating projects or activities authorized by this part, the
 4140  trust shall, when appropriate, use and promote the use of
 4141  creative land acquisition methods, including the acquisition of
 4142  less than fee interest through, among other methods,
 4143  conservation easements, transfer of development rights, leases,
 4144  and leaseback arrangements. The trust also shall assist local
 4145  governments in the use of sound alternative methods of financing
 4146  for funding projects and activities authorized under by this
 4147  part. Any funds over and above eligible project costs, which
 4148  remain after completion of a project approved according to this
 4149  part, shall be transmitted to the state and deposited into in
 4150  the Florida Forever Florida Communities Trust Fund.
 4151         Section 67. Paragraph (f) of subsection (3) and subsections
 4152  (5) and (7) of section 380.510, Florida Statutes, are amended to
 4153  read:
 4154         380.510 Conditions of grants and loans.—
 4155         (3) In the case of a grant or loan for land acquisition,
 4156  agreements shall provide all of the following:
 4157         (f) The term of any grant using funds received from the
 4158  Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
 4159  shall be for a period not to exceed 24 months. The governing
 4160  board of the trust may offer a grant with a shorter term and may
 4161  extend a grant beyond 24 months when the grant recipient
 4162  demonstrates that significant progress is being made toward
 4163  closing the project or that extenuating circumstances warrant an
 4164  extension of time. If a local government project which was
 4165  awarded a grant is not closed within 24 months and the governing
 4166  board of the trust does not grant an extension, the grant
 4167  reverts to the trust’s unencumbered balance of Preservation 2000
 4168  funds to be redistributed to other eligible projects. The local
 4169  government may reapply for a grant to fund the project in the
 4170  trust’s next application cycle.
 4171  
 4172  Any deed or other instrument of conveyance whereby a nonprofit
 4173  organization or local government acquires real property under
 4174  this section shall set forth the interest of the state. The
 4175  trust shall keep at least one copy of any such instrument and
 4176  shall provide at least one copy to the Board of Trustees of the
 4177  Internal Improvement Trust Fund.
 4178         (5) Any funds the trust collects from a nonprofit
 4179  organization or local government under a grant or loan agreement
 4180  shall be deposited into in the Internal Improvement Florida
 4181  Communities Trust Fund within the Department of Environmental
 4182  Protection.
 4183         (7) Any funds received by the trust from the Preservation
 4184  2000 Trust Fund pursuant to s. 259.105(3)(c) or s. 375.041 s.
 4185  259.101(3)(c) and the Florida Forever Trust Fund pursuant to s.
 4186  259.105(3)(c) shall be held separate and apart from any other
 4187  funds held by the trust and shall be used for the land
 4188  acquisition purposes of this part. In addition to the other
 4189  conditions set forth in this section, the disbursement of
 4190  Preservation 2000 and Florida Forever funds from the trust shall
 4191  be subject to the following conditions:
 4192         (a) The administration and use of Florida Forever any funds
 4193  are received by the trust from the Preservation 2000 Trust Fund
 4194  and the Florida Forever Trust Fund shall be subject to such
 4195  terms and conditions imposed thereon by the agency of the state
 4196  responsible for the bonds, the proceeds of which are deposited
 4197  into in the Preservation 2000 Trust Fund and the Florida Forever
 4198  Trust Fund, including restrictions imposed to ensure that the
 4199  interest on any such bonds issued by the state as tax-exempt
 4200  bonds is will not be included in the gross income of the holders
 4201  of such bonds for federal income tax purposes.
 4202         (b) All deeds or leases with respect to any real property
 4203  acquired with funds received by the trust from the Preservation
 4204  2000 Trust Fund, the Florida Forever Trust Fund, or the Land
 4205  Acquisition Trust Fund must shall contain such covenants and
 4206  restrictions as are sufficient to ensure that the use of such
 4207  real property at all times complies with s. 375.051 and s. 9,
 4208  Art. XII of the State Constitution. Each deed All deeds or lease
 4209  leases with respect to any real property acquired with funds
 4210  received by the trust from the Florida Forever Trust Fund before
 4211  July 1, 2015, must shall contain such covenants and restrictions
 4212  as are sufficient to ensure that the use of such real property
 4213  at all times complies with s. 11(e), Art. VII of the State
 4214  Constitution. Each deed or lease with respect to any real
 4215  property acquired with funds received by the trust from the
 4216  Florida Forever Trust Fund after July 1, 2015, must contain
 4217  covenants and restrictions sufficient to ensure that the use of
 4218  such real property at all times complies with s. 28, Art. X of
 4219  the State Constitution. Each deed or lease must shall contain a
 4220  reversion, conveyance, or termination clause that vests will
 4221  vest title in the Board of Trustees of the Internal Improvement
 4222  Trust Fund if any of the covenants or restrictions are violated
 4223  by the titleholder or leaseholder or by some third party with
 4224  the knowledge of the titleholder or leaseholder.
 4225         Section 68. Section 380.511, Florida Statutes, is repealed.
 4226         Section 69. Subsection (2) of section 403.0615, Florida
 4227  Statutes, is amended to read:
 4228         403.0615 Water resources restoration and preservation.—
 4229         (2) Subject to specific legislative appropriation, the
 4230  department shall establish a program to assist in the
 4231  restoration and preservation of bodies of water and to enhance
 4232  existing public access when deemed necessary for the enhancement
 4233  of the restoration effort. This program shall be funded from the
 4234  General Revenue Fund, from funds available from the Ecosystem
 4235  Management and Restoration Trust Fund, and from available
 4236  federal moneys.
 4237         Section 70. Section 403.08601, Florida Statutes, is amended
 4238  to read:
 4239         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 4240  Legislature declares that as funds become available the state
 4241  may assist the local governments and agencies responsible for
 4242  implementing the Leah Schad Memorial Ocean Outfall Program
 4243  pursuant to s. 403.086(9). Funds received from other sources
 4244  provided for in law, the General Appropriations Act, from gifts
 4245  designated for implementation of the plan from individuals,
 4246  corporations, or other entities, or federal funds appropriated
 4247  by Congress for implementation of the plan, may be deposited
 4248  into an account of the Water Quality Assurance Ecosystem
 4249  Management and Restoration Trust Fund created pursuant to s.
 4250  403.1651.
 4251         Section 71. Subsection (11) of section 403.121, Florida
 4252  Statutes, is amended to read:
 4253         403.121 Enforcement; procedure; remedies.—The department
 4254  shall have the following judicial and administrative remedies
 4255  available to it for violations of this chapter, as specified in
 4256  s. 403.161(1).
 4257         (11) Penalties collected pursuant to this section shall be
 4258  deposited into in the Water Quality Assurance Ecosystem
 4259  Management and Restoration Trust Fund or other trust fund
 4260  designated by statute and shall be used to fund the restoration
 4261  of ecosystems, or polluted areas of the state, as defined by the
 4262  department, to their condition before pollution occurred. The
 4263  Florida Conflict Resolution Consortium may use a portion of the
 4264  fund to administer the mediation process provided in paragraph
 4265  (2)(e) and to contract with private mediators for administrative
 4266  penalty cases.
 4267         Section 72. Section 403.1651, Florida Statutes, is
 4268  repealed.
 4269         Section 73. Subsection (1) of section 403.885, Florida
 4270  Statutes, is amended to read:
 4271         403.885 Water Projects Grant Program.—
 4272         (1) The Department of Environmental Protection shall
 4273  administer a grant program to use funds transferred pursuant to
 4274  s. 212.20 to the Ecosystem Management and Restoration Trust Fund
 4275  or other moneys as appropriated by the Legislature for water
 4276  quality improvement, stormwater management, wastewater
 4277  management, and water restoration and other water projects as
 4278  specifically appropriated by the Legislature. Eligible
 4279  recipients of such grants include counties, municipalities,
 4280  water management districts, and special districts that have
 4281  legal responsibilities for water quality improvement, water
 4282  management, stormwater management, wastewater management, lake
 4283  and river water restoration projects, and drinking water
 4284  projects pursuant to this section.
 4285         Section 74. Section 403.8911, Florida Statutes, is
 4286  repealed.
 4287         Section 75. Subsection (6) of section 403.9325, Florida
 4288  Statutes, is amended to read:
 4289         403.9325 Definitions.—For the purposes of ss. 403.9321
 4290  403.9333, the term:
 4291         (6) “Public lands that have been set aside for conservation
 4292  or preservation” means:
 4293         (a) Lands and interests acquired with funds deposited into
 4294  the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of
 4295  the State Constitution;
 4296         (b)(a) Conservation and recreation lands under chapter 259;
 4297         (c)(b) State and national parks;
 4298         (d)(c) State and national reserves and preserves, except as
 4299  provided in s. 403.9326(3);
 4300         (e)(d) State and national wilderness areas;
 4301         (f)(e) National wildlife refuges (only those lands under
 4302  Federal Government ownership);
 4303         (g)(f) Lands acquired under the through the Water
 4304  Management Lands Trust Fund, Save Our Rivers Program;
 4305         (h)(g) Lands acquired under the Save Our Coast program;
 4306         (i)(h) Lands acquired under the environmentally endangered
 4307  lands bond program;
 4308         (j)(i) Public lands designated as conservation or
 4309  preservation under a local government comprehensive plan;
 4310         (k)(j) Lands purchased by a water management district, the
 4311  Fish and Wildlife Conservation Commission, or any other state
 4312  agency for conservation or preservation purposes;
 4313         (l)(k) Public lands encumbered by a conservation easement
 4314  that does not provide for the trimming of mangroves; and
 4315         (m)(l) Public lands designated as critical wildlife areas
 4316  by the Fish and Wildlife Conservation Commission.
 4317         Section 76. Paragraph (f) of subsection (3) and subsection
 4318  (11) of section 403.93345, Florida Statutes, are amended to
 4319  read:
 4320         403.93345 Coral reef protection.—
 4321         (3) As used in this section, the term:
 4322         (f) “Fund” means the Water Quality Assurance Ecosystem
 4323  Management and Restoration Trust Fund.
 4324         (11) All damages recovered by or on behalf of this state
 4325  for injury to, or destruction of, the coral reefs of the state
 4326  that would otherwise be deposited in the general revenue
 4327  accounts of the State Treasury or in the Internal Improvement
 4328  Trust Fund shall be deposited into in the Water Quality
 4329  Assurance Ecosystem Management and Restoration Trust Fund in the
 4330  department and shall remain in such account until expended by
 4331  the department for the purposes of this section. Moneys in the
 4332  fund received from damages recovered for injury to, or
 4333  destruction of, coral reefs must be expended only for the
 4334  following purposes:
 4335         (a) To provide funds to the department for reasonable costs
 4336  incurred in obtaining payment of the damages for injury to, or
 4337  destruction of, coral reefs, including administrative costs and
 4338  costs of experts and consultants. Such funds may be provided in
 4339  advance of recovery of damages.
 4340         (b) To pay for restoration or rehabilitation of the injured
 4341  or destroyed coral reefs or other natural resources by a state
 4342  agency or through a contract to any qualified person.
 4343         (c) To pay for alternative projects selected by the
 4344  department. Any such project shall be selected on the basis of
 4345  its anticipated benefits to the residents of this state who used
 4346  the injured or destroyed coral reefs or other natural resources
 4347  or will benefit from the alternative project.
 4348         (d) All claims for trust fund reimbursements under
 4349  paragraph (a) must be made within 90 days after payment of
 4350  damages is made to the state.
 4351         (e) Each private recipient of fund disbursements shall be
 4352  required to agree in advance that its accounts and records of
 4353  expenditures of such moneys are subject to audit at any time by
 4354  appropriate state officials and to submit a final written report
 4355  describing such expenditures within 90 days after the funds have
 4356  been expended.
 4357         (f) When payments are made to a state agency from the fund
 4358  for expenses compensable under this subsection, such
 4359  expenditures shall be considered as being for extraordinary
 4360  expenses, and no agency appropriation shall be reduced by any
 4361  amount as a result of such reimbursement.
 4362         Section 77. Subsections (5) and (6) of section 420.5092,
 4363  Florida Statutes, are amended to read:
 4364         420.5092 Florida Affordable Housing Guarantee Program.—
 4365         (5) Pursuant to s. 16, Art. VII of the State Constitution,
 4366  the corporation may issue, in accordance with s. 420.509,
 4367  revenue bonds of the corporation to establish the guarantee
 4368  fund. The Such revenue bonds are shall be primarily payable from
 4369  and secured by annual debt service reserves, from interest
 4370  earned on funds on deposit in the guarantee fund, from fees,
 4371  charges, and reimbursements established by the corporation for
 4372  the issuance of affordable housing guarantees, and from any
 4373  other revenue sources received by the corporation and deposited
 4374  by the corporation into the guarantee fund for the issuance of
 4375  affordable housing guarantees. If To the extent such primary
 4376  revenue sources are considered insufficient by the corporation,
 4377  pursuant to the certification provided in subsection (6), to
 4378  fully fund the annual debt service reserve, the certified
 4379  deficiency in such reserve is also shall be additionally payable
 4380  from the first proceeds of the documentary stamp tax moneys
 4381  deposited into the State Housing Trust Fund pursuant to s.
 4382  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
 4383  ensuing state fiscal year.
 4384         (6)(a) If the primary revenue sources to be used for
 4385  repayment of revenue bonds used to establish the guarantee fund
 4386  are insufficient for such repayment, the annual principal and
 4387  interest due on each series of revenue bonds are shall be
 4388  payable from funds in the annual debt service reserve. The
 4389  corporation shall, before June 1 of each year, perform a
 4390  financial audit to determine whether at the end of the state
 4391  fiscal year there will be on deposit in the guarantee fund an
 4392  annual debt service reserve from interest earned pursuant to the
 4393  investment of the guarantee fund, fees, charges, and
 4394  reimbursements received from issued affordable housing
 4395  guarantees and other revenue sources available to the
 4396  corporation. Based upon the findings in such guarantee fund
 4397  financial audit, the corporation shall certify to the Chief
 4398  Financial Officer the amount of any projected deficiency in the
 4399  annual debt service reserve for any series of outstanding bonds
 4400  as of the end of the state fiscal year and the amount necessary
 4401  to maintain such annual debt service reserve. Upon receipt of
 4402  such certification, the Chief Financial Officer shall transfer
 4403  to the annual debt service reserve, from the first available
 4404  taxes distributed to the State Housing Trust Fund pursuant to s.
 4405  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
 4406  ensuing state fiscal year, the amount certified as necessary to
 4407  maintain the annual debt service reserve.
 4408         (b) If the claims payment obligations under affordable
 4409  housing guarantees from amounts on deposit in the guarantee fund
 4410  would cause the claims paying rating assigned to the guarantee
 4411  fund to be less than the third-highest rating classification of
 4412  any nationally recognized rating service, which classifications
 4413  being consistent with s. 215.84(3) and rules adopted thereto by
 4414  the State Board of Administration, the corporation shall certify
 4415  to the Chief Financial Officer the amount of such claims payment
 4416  obligations. Upon receipt of such certification, the Chief
 4417  Financial Officer shall transfer to the guarantee fund, from the
 4418  first available taxes distributed to the State Housing Trust
 4419  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
 4420  (10)(a) during the ensuing state fiscal year, the amount
 4421  certified as necessary to meet such obligations, such transfer
 4422  to be subordinate to any transfer referenced in paragraph (a)
 4423  and not to exceed 50 percent of the amounts distributed to the
 4424  State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
 4425  201.15(9)(a) and (10)(a) during the preceding state fiscal year.
 4426         Section 78. Subsections (1), (2), and (3) of section
 4427  420.9073, Florida Statutes, are amended to read:
 4428         420.9073 Local housing distributions.—
 4429         (1) Distributions calculated in this section shall be
 4430  disbursed on a quarterly or more frequent basis by the
 4431  corporation pursuant to s. 420.9072, subject to availability of
 4432  funds. Each county’s share of the funds to be distributed from
 4433  the portion of the funds in the Local Government Housing Trust
 4434  Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
 4435  calculated by the corporation for each fiscal year as follows:
 4436         (a) Each county other than a county that has implemented
 4437  the provisions of chapter 83-220, Laws of Florida, as amended by
 4438  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
 4439  receive the guaranteed amount for each fiscal year.
 4440         (b) Each county other than a county that has implemented
 4441  the provisions of chapter 83-220, Laws of Florida, as amended by
 4442  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
 4443  receive an additional share calculated as follows:
 4444         1. Multiply each county’s percentage of the total state
 4445  population excluding the population of any county that has
 4446  implemented the provisions of chapter 83-220, Laws of Florida,
 4447  as amended by chapters 84-270, 86-152, and 89-252, Laws of
 4448  Florida, by the total funds to be distributed.
 4449         2. If the result in subparagraph 1. is less than the
 4450  guaranteed amount as determined in subsection (3), that county’s
 4451  additional share shall be zero.
 4452         3. For each county in which the result in subparagraph 1.
 4453  is greater than the guaranteed amount as determined in
 4454  subsection (3), the amount calculated in subparagraph 1. shall
 4455  be reduced by the guaranteed amount. The result for each such
 4456  county shall be expressed as a percentage of the amounts so
 4457  determined for all counties. Each such county shall receive an
 4458  additional share equal to such percentage multiplied by the
 4459  total funds received by the Local Government Housing Trust Fund
 4460  pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
 4461  guaranteed amount paid to all counties.
 4462         (2) Distributions calculated in this section shall be
 4463  disbursed on a quarterly or more frequent basis by the
 4464  corporation pursuant to s. 420.9072, subject to availability of
 4465  funds. Each county’s share of the funds to be distributed from
 4466  the portion of the funds in the Local Government Housing Trust
 4467  Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
 4468  calculated by the corporation for each fiscal year as follows:
 4469         (a) Each county shall receive the guaranteed amount for
 4470  each fiscal year.
 4471         (b) Each county may receive an additional share calculated
 4472  as follows:
 4473         1. Multiply each county’s percentage of the total state
 4474  population, by the total funds to be distributed.
 4475         2. If the result in subparagraph 1. is less than the
 4476  guaranteed amount as determined in subsection (3), that county’s
 4477  additional share shall be zero.
 4478         3. For each county in which the result in subparagraph 1.
 4479  is greater than the guaranteed amount, the amount calculated in
 4480  subparagraph 1. shall be reduced by the guaranteed amount. The
 4481  result for each such county shall be expressed as a percentage
 4482  of the amounts so determined for all counties. Each such county
 4483  shall receive an additional share equal to this percentage
 4484  multiplied by the total funds received by the Local Government
 4485  Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
 4486  reduced by the guaranteed amount paid to all counties.
 4487         (3) Calculation of guaranteed amounts:
 4488         (a) The guaranteed amount under subsection (1) shall be
 4489  calculated for each state fiscal year by multiplying $350,000 by
 4490  a fraction, the numerator of which is the amount of funds
 4491  distributed to the Local Government Housing Trust Fund pursuant
 4492  to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
 4493  the total amount of funds distributed to the Local Government
 4494  Housing Trust Fund pursuant to s. 201.15.
 4495         (b) The guaranteed amount under subsection (2) shall be
 4496  calculated for each state fiscal year by multiplying $350,000 by
 4497  a fraction, the numerator of which is the amount of funds
 4498  distributed to the Local Government Housing Trust Fund pursuant
 4499  to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
 4500  the total amount of funds distributed to the Local Government
 4501  Housing Trust Fund pursuant to s. 201.15.
 4502         Section 79. Section 570.207, Florida Statutes, is repealed.
 4503         Section 80. Subsection (2) of section 570.321, Florida
 4504  Statutes, is amended to read:
 4505         570.321 Plant Industry Trust Fund.—
 4506         (2) Funds to be credited to and uses of the trust fund
 4507  shall be administered in accordance with ss. 259.032, 581.031,
 4508  581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
 4509  593.117.
 4510         Section 81. Subsection (12) of section 570.71, Florida
 4511  Statutes, is amended to read:
 4512         570.71 Conservation easements and agreements.—
 4513         (12) The department may use appropriated funds from the
 4514  following sources to implement this section:
 4515         (a) State funds;
 4516         (b) Federal funds;
 4517         (c) Other governmental entities;
 4518         (d) Nongovernmental organizations; or
 4519         (e) Private individuals.
 4520  
 4521  Any such funds provided, other than from the Land Acquisition
 4522  Trust Fund, shall be deposited into the Incidental Conservation
 4523  and Recreation Lands Program Trust Fund within the Department of
 4524  Agriculture and Consumer Services and used for the purposes of
 4525  this section, including administrative and operating expenses
 4526  related to appraisals, mapping, title process, personnel, and
 4527  other real estate expenses.
 4528         Section 82. Paragraph (c) of subsection (1) of section
 4529  895.09, Florida Statutes, is amended to read:
 4530         895.09 Disposition of funds obtained through forfeiture
 4531  proceedings.—
 4532         (1) A court entering a judgment of forfeiture in a
 4533  proceeding brought pursuant to s. 895.05 shall retain
 4534  jurisdiction to direct the distribution of any cash or of any
 4535  cash proceeds realized from the forfeiture and disposition of
 4536  the property. The court shall direct the distribution of the
 4537  funds in the following order of priority:
 4538         (c) Any claim by the Board of Trustees of the Internal
 4539  Improvement Trust Fund on behalf of the Internal Improvement
 4540  Trust Fund or the Land Acquisition trust fund used pursuant to
 4541  s. 253.03(12), not including administrative costs of the
 4542  Department of Environmental Protection previously paid directly
 4543  from the Internal Improvement Trust Fund in accordance with
 4544  legislative appropriation.
 4545         Section 83. For the purpose of incorporating the amendment
 4546  made by this act to section 201.15, Florida Statutes, in a
 4547  reference thereto, subsection (6) of section 339.2818, Florida
 4548  Statutes, is reenacted to read:
 4549         339.2818 Small County Outreach Program.—
 4550         (6) Funds paid into the State Transportation Trust Fund
 4551  pursuant to s. 201.15 for the purposes of the Small County
 4552  Outreach Program are hereby annually appropriated for
 4553  expenditure to support the Small County Outreach Program.
 4554         Section 84. For the purpose of incorporating the amendment
 4555  made by this act to section 201.15, Florida Statutes, in a
 4556  reference thereto, subsection (5) of section 339.2819, Florida
 4557  Statutes, is reenacted to read:
 4558         339.2819 Transportation Regional Incentive Program.—
 4559         (5) Funds paid into the State Transportation Trust Fund
 4560  pursuant to s. 201.15 for the purposes of the Transportation
 4561  Regional Incentive Program are hereby annually appropriated for
 4562  expenditure to support that program.
 4563         Section 85. For the purpose of incorporating the amendment
 4564  made by this act to section 201.15, Florida Statutes, in a
 4565  reference thereto, subsection (3) of section 339.61, Florida
 4566  Statutes, is reenacted to read:
 4567         339.61 Florida Strategic Intermodal System; legislative
 4568  findings, declaration, and intent.—
 4569         (3) Funds paid into the State Transportation Trust Fund
 4570  pursuant to s. 201.15 for the purposes of the Florida Strategic
 4571  Intermodal System are hereby annually appropriated for
 4572  expenditure to support that program.
 4573         Section 86. For the purpose of incorporating the amendment
 4574  made by this act to section 201.15, Florida Statutes, in a
 4575  reference thereto, subsection (6) of section 341.051, Florida
 4576  Statutes, is reenacted to read:
 4577         341.051 Administration and financing of public transit and
 4578  intercity bus service programs and projects.—
 4579         (6) ANNUAL APPROPRIATION.—Funds paid into the State
 4580  Transportation Trust Fund pursuant to s. 201.15 for the New
 4581  Starts Transit Program are hereby annually appropriated for
 4582  expenditure to support the New Starts Transit Program.
 4583  
 4584  For purposes of this section, the term “net operating costs”
 4585  means all operating costs of a project less any federal funds,
 4586  fares, or other sources of income to the project.
 4587         Section 87. For the purpose of incorporating the amendment
 4588  made by this act to section 201.15, Florida Statutes, in a
 4589  reference thereto, subsection (1) of section 420.9079, Florida
 4590  Statutes, is reenacted to read:
 4591         420.9079 Local Government Housing Trust Fund.—
 4592         (1) There is created in the State Treasury the Local
 4593  Government Housing Trust Fund, which shall be administered by
 4594  the corporation on behalf of the department according to the
 4595  provisions of ss. 420.907-420.9076 and this section. There shall
 4596  be deposited into the fund a portion of the documentary stamp
 4597  tax revenues as provided in s. 201.15, moneys received from any
 4598  other source for the purposes of ss. 420.907-420.9076 and this
 4599  section, and all proceeds derived from the investment of such
 4600  moneys. Moneys in the fund that are not currently needed for the
 4601  purposes of the programs administered pursuant to ss. 420.907
 4602  420.9076 and this section shall be deposited to the credit of
 4603  the fund and may be invested as provided by law. The interest
 4604  received on any such investment shall be credited to the fund.
 4605         Section 88. For the purpose of incorporating the amendment
 4606  made by this act to section 376.307, Florida Statutes, in a
 4607  reference thereto, subsection (2) of section 287.0595, Florida
 4608  Statutes, is reenacted to read:
 4609         287.0595 Pollution response action contracts; department
 4610  rules.—
 4611         (2) In adopting rules under this section, the Department of
 4612  Environmental Protection shall follow the criteria applicable to
 4613  the department’s contracting to the maximum extent possible,
 4614  consistent with the goals and purposes of ss. 376.307 and
 4615  376.3071.
 4616         Section 89. If any law amended by this act was also amended
 4617  by a law enacted during the 2015 Regular Session of the
 4618  Legislature, such law shall be construed as if enacted during
 4619  the same session of the Legislature, and full effect shall be
 4620  given to each if possible.
 4621         Section 90. Except as otherwise expressly provided in this
 4622  act and except for this section, which shall take effect upon
 4623  this act becoming a law, this act shall take effect July 1,
 4624  2015, except that if an earlier effective date is specified
 4625  herein for any section, that section shall operate retroactively
 4626  to that date. If this act fails to become a law until after July
 4627  1, 2015, it shall take effect upon becoming a law and operate
 4628  retroactively to July 1, 2015, except that if an earlier
 4629  effective date is specified herein for any section, that section
 4630  shall take effect upon becoming a law and operate retroactively
 4631  to that date.