Senate Bill 2024e1
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A bill to be entitled
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An act relating to the Florida Forever Program;
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creating s. 259.202, F.S.; providing for the
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Florida Forever Program Act; providing
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legislative findings and intent relating to the
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acquisition of lands for conservation,
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ecosystem restoration, recreation, water
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resource and water supply development, and
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urban green space and recreational
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opportunities; providing a process for
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surplusing Florida Forever lands; authorizing
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the sale of up to $3 billion in bonds to
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implement the Florida Forever Program;
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providing for alternatives to fee simple
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acquisitions, providing a limitation on such
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acquisitions; providing a funding mechanism for
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the State Lands Management Trust Fund, which is
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to be created by general law; providing for the
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continuation of existing debt service payments
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for prior bond issues; providing uses for the
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State Lands Management Trust Fund; creating the
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Preservation 2000 Program Review Study
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Commission; providing for membership of the
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commission and its duties; requiring a report;
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providing an appropriation; amending s.
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259.032, F.S.; revising eligibility
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requirements for payments in lieu of taxes;
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providing for payments in lieu of taxes to
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school boards, as well as to Glades County to
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compensate the county for its tax loss due to
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the opening of a prison; amending s. 259.041,
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F.S.; authorizing the Division of State Lands
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to use appraisal reports provided by nonprofit
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organizations or public agencies; amending s.
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259.101, F.S.; requiring the Department of
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Environmental Protection to fund certain fixed
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capital outlay projects; requiring the
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Southwest Florida Water Management District to
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fund water supply development activities;
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providing a limitation and requirements;
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requiring the South Florida Water Management
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District to fund Everglades restoration;
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requiring an extraordinary vote of the Board of
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Trustees of the Internal Improvement Trust Fund
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before an acquisition may be made in a county
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having more than 35 percent of its lands in
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public ownership; providing a limitation on the
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acquisition of projects using less than fee
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acquisition alternatives; delaying the
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redistribution of certain funds; revising
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accounting procedures relating to a
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redistribution of certain Preservation 2000
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moneys; amending s. 373.59, F.S.; revising
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eligibility requirements for payments in lieu
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of taxes; providing for payments in lieu of
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taxes to school boards; authorizing the Board
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of Trustees of the Internal Improvement Trust
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Fund to transfer specified lands to Walton
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County at a specified price, providing
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limitations on the use of those lands; amending
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s. 253.82, F.S.; providing for all
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transportation easements acquired under the
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Murphy Act to be conveyed to the Department of
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Transportation or the governmental entity
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currently having title to the adjacent roadway;
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requiring the establishment of a procedure for
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review of deeds containing transportation
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reservations acquired under the Murphy Act;
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setting requirements for the review process;
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providing for compensation of certain property
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owners when the reservation denies current
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economic use of the property; providing for
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mediation or arbitration; amending s. 380.504,
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F.S.; revising the membership of the governing
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body of the Florida Communities Trust; amending
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ss. 712.04, 712.05, F.S.; providing for the
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release of certain easements held by
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governmental entities; providing for
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preservation of certain road easement
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reservations pursuant to a road project
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scheduled to begin within a specified period;
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amending s. 201.15, F.S.; revising the amounts
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of tax revenues to be distributed for debt
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service on the Preservation 2000 Program and
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the Florida Forever Program; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 259.202, Florida Statutes, is
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created to read:
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259.202 The Florida Forever Program Act.--
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(1) This section may be cited as the "Florida Forever
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Program Act."
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(2) The Legislature finds and declares that:
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(a) The alteration and development of Florida's
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natural areas to accommodate its rapidly growing population
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have contributed to the degradation of water resources, the
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fragmentation and destruction of wildlife habitats, the loss
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of outdoor recreation space, and the diminishment of wetlands,
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forests, and public beaches.
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(b) The potential development of Florida's remaining
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natural areas and escalation of land values require a
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continuation of government efforts to restore, bring under
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public protection, or acquire lands and water areas to
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preserve the state's invaluable quality of life.
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(c) Florida's ground waters, surface waters, and
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springs are under tremendous pressure due to population growth
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and economic expansion and require special protection and
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restoration efforts. To ensure that sufficient quantities of
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water are available to meet the current and future
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reasonable-beneficial uses and needs of the natural systems,
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and to assist in achieving the planning goals of the
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department and the water management districts, water resource
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development projects on public lands, where compatible with
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the resource values of and management objectives for such
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lands, are appropriate. All lands acquired in the future under
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the Florida Forever Program and other state land acquisition
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programs may be used for water supply and water resource
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development projects compatible with their resource values and
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management objectives. Funds provided under the Florida
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Forever Program shall not be used for the construction of
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wells or pipeline facilities. As used in this legislation,
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multiple use also includes public recreation, water supply,
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water resource development projects, and sustainable forestry
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management, where appropriate. As provided herein, permittable
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water resource development and water supply development
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projects may be allowed subject to complying with the
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following: compliance with the established minimum flows and
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levels, if any, for those waters potentially affected by the
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project; compliance with all conditions for the issuance of
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permits under part II of chapter 373; and consistency with the
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Regional Water Supply Plan of the water management district,
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if any.
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(d) The availability of public hunting lands is being
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reduced as more landowners are leasing their lands for private
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hunting. Additional emphasis should be placed on the
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acquisition and management of lands that will be open for
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appropriate public hunting and wildlife management strategies.
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(e) The needs of urban Florida for high-quality
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outdoor recreational opportunities, greenways, trails, and
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open space have not been fully met by previous acquisition
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programs. Through such programs as the Florida Communities
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Trust, the state shall place additional emphasis and increase
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funding for acquiring, protecting, preserving, and restoring
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open space, greenways and trails, and recreation properties
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within urban areas where pristine natural communities or water
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bodies no longer exist because of their proximity to developed
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property.
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(f) Access to public lands to support a broad range of
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outdoor recreational opportunities and the development of
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necessary infrastructure, where compatible with the resource
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values of and management objectives for such lands, promotes
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an appreciation for Florida's natural assets and improves the
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quality of life.
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(g) Acquisition of lands, in fee simple or in any
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lesser interest, should be based on a comprehensive assessment
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of Florida's natural resources and planned so as to protect
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the integrity of ecological systems and to provide multiple
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benefits, including preservation of fish and wildlife habitat,
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recreation space for urban as well as rural areas, and water
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recharge.
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(h) The acquisition of lands needed to complete
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projects undertaken under the Preservation 2000 program should
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be emphasized, to enhance management efficiency and protect
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extensive natural areas.
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(i) Public agencies or other entities that receive
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funds under this act are encouraged to better coordinate their
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expenditures so that project acquisitions, when combined with
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acquisitions under the Preservation 2000, Save Our Rivers, the
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Florida Communities Trust, and other public land acquisition
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programs, will form more complete patterns of protection for
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natural areas and functioning ecosystems, to better accomplish
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the intent of the Florida Forever Act.
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(j) A long-term financial commitment to managing
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Florida's public lands must accompany any new land acquisition
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program to ensure that the natural resource values of such
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lands are protected, that the public has the opportunity to
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enjoy the lands to their fullest potential, and that the state
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achieves the full benefits of its investment of public
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dollars.
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(k) Many of Florida's unique ecosystems such as the
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Florida Everglades are facing ecological collapse due to
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Florida's burgeoning population. To preserve these valuable
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ecosystems for future generations, parcels of land must be
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acquired to facilitate ecosystem restoration.
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(l) An assessment of appropriate management strategies
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for Florida Forever acquisitions should be completed early in
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the acquisition process and should emphasize the development
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of a management prospectus detailing the management goals for
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the property; the conditions that will affect the intensity of
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management; an estimate of the revenue-generating potential of
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the property, if appropriate; a timetable for implementing the
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various stages of management and for providing access to the
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public, if applicable; provisions for protecting existing
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infrastructure and for ensuring the security of the project
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upon acquisition; the anticipated costs of management and
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projected sources of revenue; and other information as
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required pursuant to s. 259.032(9)(b)1. prior to the
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acquisition of a project.
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(3)(a) Any lands acquired pursuant to this program,
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where title is vested in the Board of Trustees of the Internal
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Improvement Trust Fund, may be disposed of by the board in
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accordance with the procedures set forth in s. 253.034(6).
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Lands whose titles vest in a water management district
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governing board may be disposed of by the owning water
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management district in accordance with the procedures set
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forth in ss. 373.056 and 373.089. All agencies that hold title
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to lands acquired under the Florida Forever Program shall
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biennially evaluate their inventory of such lands to determine
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whether any of the properties are suitable for surplus.
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(b) Lands determined to be surplus pursuant to this
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subsection shall be sold for fair market value, except that
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the price of lands sold as surplus to a local government shall
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not exceed the price paid by the state or a water management
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district to originally acquire the lands and such lands shall
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be used for public purposes.
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(c) Before land can be determined to be of no further
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benefit to the public as required by s. 253.034(6), or to be
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no longer required for its purposes under s. 373.056(4), there
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shall first be a determination by the Land Acquisition and
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Management Advisory Council that such land no longer needs to
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be preserved in furtherance of the intent of the Florida
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Forever Program Act.
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1. For lands proposed for surplus within the original
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project boundaries or the core parcel there must be a finding
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by the council that the land has no unique or high-quality
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natural resources, is of low natural resource values, as
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determined by a biological assessment or survey conducted by
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the Florida Natural Areas Inventory or its successor, or is of
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lower natural resource values than the land proposed to be
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purchased with the proceeds from its sale. The board of
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trustees shall review and approve or deny surplusing decisions
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pursuant to this subparagraph.
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2. For lands proposed for surplus located outside the
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original project boundary the council shall presume that the
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lands are to be surplused unless:
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a. A biological assessment or survey conducted by the
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Florida Natural Areas Inventory or its successor has
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determined that the lands are of such quality that surplusing
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should not be approved; or
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b. The lead managing agency can provide sufficient
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evidence that the loss of such lands would substantially harm
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the purposes for which the land was purchased.
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3. Decisions regarding surplusing pursuant to
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subparagraph 2. shall be reviewed and approved or denied by
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the board of trustees.
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(d) Requests for surplusing may be made by any public
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or private entity or person. All requests are to be submitted
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to the lead managing agency for review and recommendation to
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the council. Lead managing agencies shall have 90 days to
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review such requests and make recommendations. Any surplusing
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requests that have not been acted upon within the requirements
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of this paragraph shall be immediately scheduled for hearing
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at the next regularly scheduled council meeting.
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(e) Notwithstanding paragraphs (a)-(c), no such
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disposition of land shall be made if such disposition would
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have the effect of causing all or any portion of the interest
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on any revenue bonds issued to fund the Florida Forever
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Program Act to lose the exclusion from gross income for
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purposes of federal income taxation. Any revenue derived from
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the disposal of such lands may not be used for any purpose
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except for deposit into the Florida Forever Trust Fund, the
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Water Management Lands Trust Fund, or the appropriate local
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government trust fund, depending on the entity that held title
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to the land, for the acquisition of new lands which meet the
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criteria pursuant to this section.
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(f) Lands identified as suitable for surplus shall
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first be offered to local governmental entities for a period
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of 90 days. Local governmental uses for such surplus lands may
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include public schools, public libraries, fire or law
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enforcement substations, and recreational centers. Local
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governmental requests for surplus lands shall be expedited
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throughout the surplusing process. State agencies shall have
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the subsequent opportunity to acquire the surplus lands for a
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period not to exceed 30 days after the offer to local
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governments expires. Surplus properties in which governmental
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agencies have expressed no interest shall then be available
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for sale on the private market.
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Section 2. The Legislature finds that the sale of
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bonds to implement the Florida Forever Program is an
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appropriate mechanism to meet the needs of future generations
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to enjoy the outdoors and natural resources of Florida forever
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and intends that the sale of up to $3 billion in bonds be
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authorized over the 10-year period beginning July 1, 2001, and
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ending July 1, 2010.
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Section 3. The Legislature finds that, with the
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increasing pressures on the natural areas of this state, the
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state must develop creative techniques to maximize the use of
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acquisition and management moneys. The Legislature also finds
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that the state's environmental land-buying agencies should be
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encouraged to augment their traditional, fee simple
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acquisition programs with the use of alternatives to fee
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simple acquisition techniques. The Legislature also finds that
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using alternatives to fee simple acquisition by public
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land-buying agencies will achieve the following public policy
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goals:
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(1) Allow more lands to be brought under public
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protection for preservation, conservation, and recreational
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purposes at less expense using public funds.
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(2) Retain, on local government tax rolls, some
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portion of or interest in lands which are under public
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protection.
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(3) Reduce long-term management costs by allowing
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private property owners to continue acting as stewards of the
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land, where appropriate.
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Florida Forever projects to be acquired using alternatives to
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fee simple acquisition, after meeting applicable selection
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criteria, shall be ranked based on price, with the highest
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priority given to projects for which the sellers are willing
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to accept the greatest reduction below the appraised value of
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the property. However, no projects using alternatives to fee
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simple acquisition may be undertaken if the purchase price
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exceeds two-thirds of the project's appraised value.
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Section 4. The Legislature finds that sufficient funds
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must be made available for management, maintenance, capital
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improvements, and protection of lands acquired through the
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Florida Forever and Preservation 2000 programs and other
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programs for the acquisition of lands for conservation and
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recreation. Therefore, effective July 1, 2000, new funds, not
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including bond proceeds, which are credited to the
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Conservation and Recreation Lands Trust Fund created pursuant
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to section 259.032(2)(a), Florida Statutes, and the Water
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Management Lands Trust Fund created pursuant to section
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373.59(1), Florida Statutes, after payment of debt service
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requirements for prior bond issues, shall be transferred to
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the State Lands Management Trust Fund which is to be created
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pursuant to general law. Moneys in the State Lands Management
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Trust Fund shall be used for management, maintenance, and
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capital improvements on recreation, conservation,
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environmental, or water management lands, including, but not
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limited to, those lands acquired with funds from the
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Conservation and Recreation Lands Trust Fund, the Preservation
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2000 Trust Fund, the Water Management Lands Trust Fund, or the
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Water Resources Development Account. The trust funds may also
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be used for water supply development and fixed capital outlay
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projects to implement approved Surface Water Improvement and
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Management plans. Up to 1.5 percent of the total deposits ever
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deposited into the Water Resources Development Account, the
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Conservation and Recreation Lands Trust Fund, the Water
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Management Lands Trust Fund, the Preservation 2000 Trust Fund,
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and the Florida Forever Trust Fund shall be reserved annually
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in the State Lands Management Trust Fund for management,
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maintenance, and capital improvements on eligible lands.
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Section 5. Preservation 2000 Program Review Study
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Commission.--
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(1)(a) There is created the Preservation 2000 Program
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Review Study Commission consisting of 15 members. The Governor
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shall appoint five members of the commission. The President of
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the Senate and the Speaker of the House of Representatives
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each shall appoint five members, three of whom must be
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legislative members. The membership of the commission shall
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reflect a broad range of interests, including legislative
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interests and expertise related to land restoration,
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acquisition, and management, including, but not limited to,
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persons with training in hydrogeology, wildlife biology,
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engineering, real estate, and forestry management, and persons
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with substantial expertise representing environmental
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interests; agricultural and silvicultural interests; outdoor
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recreational interests; and land development interests. Each
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appointing authority shall consider gender and racial balance
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in addition to particular expertise when making appointments.
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(b) Each member of the commission may receive per diem
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and expenses for travel, as provided in section 112.061,
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Florida Statutes, while carrying out the official business of
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the commission. No person who is or has been a lobbyist as
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defined in section 112.3148, Florida Statutes, at any time
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during the 24 months preceding the nomination with any entity
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whose interests could be affected by recommendations of the
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commission, shall be appointed.
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(c) The commission is assigned, for administrative
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purposes, to the Department of Environmental Protection.
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(d) Appointments must be made by September 15, 1998,
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and the commission's first meeting must be held by October 15,
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1998. The commission shall exist until August 31, 1999. The
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Study Commission shall designate which of its members will
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chair the commission.
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(2) The study commission shall develop information and
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recommendations based on its critical review and evaluation of
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the Preservation 2000 Program that will assist the Legislature
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in implementing the Florida Forever Act by determining:
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(a) Appropriate modifications and funding levels for
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the program or a similarly constituted program after June 30,
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2000, especially for funding additional emphasis on open space
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and recreation in urban areas.
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(b) Appropriate changes in legislative policies for
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managing conservation lands purchased with bond proceeds,
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including, but not limited to:
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1. Multiple uses of such lands;
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2. Use for water supply purposes;
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3. Use of state funds for management to assist local
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governments in managing lands purchased for conservation and
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recreation;
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4. Use of state funds for management for exotic plant
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control; and
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5. Appropriate levels of funding to be allocated for
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management of lands and the development of management plans.
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(c) Appropriate circumstances for declaring lands to
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be surplus and returning them to private or public use.
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(d) Appropriate changes in legislative policies for
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providing payment in lieu of taxes to local governments where
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substantial public lands are removed from local tax rolls.
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(e) Appropriate changes in legislative policies for
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the acquisition of inholdings and additions to lands in state
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ownership.
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(f) Appropriate changes in legislative policies
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relating to the involvement of local governments in
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acquisition decisions for purchases within their boundaries,
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including the possibility of allowing local governments to
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have veto power over acquisitions in their jurisdiction where
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public land ownership accounts for over 35 percent of the tax
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roll.
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(g) Appropriate strategies for evaluating the state's
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progress in the acquisition of conservation and recreation
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lands, to be based, in part, on a review of the "Florida
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Preservation 2000 Needs and Priorities Addendum Report"
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published by the department in December 1997.
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(h) Appropriate changes in legislative policies
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relating to land acquisition procedures.
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(i) Appropriate changes in legislative policies
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relating to funding categories to be eligible to receive bond
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proceeds, and whether such categories should receive annual
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allocations for each year of the funding program.
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(j) Appropriate changes in legislative policies
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relating to the use of the moneys for the funding of
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alternative water supply projects by local governments and
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regional water supply authorities, including the extent to
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which these funds are to be matched.
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(3) The Preservation 2000 Program Review Study
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Commission shall submit a report of its findings and
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recommendations to the Governor, the President of the Senate,
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and the Speaker of the House of Representatives by September
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1, 1999.
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(4) There is hereby appropriated $75,000 to the
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Department of Environmental Protection from the Water
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Management Lands Trust Fund for fiscal year 1998-1999 to fund
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the activities of the study commission. Staff service needs of
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the study commission shall be provided primarily by the
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Department of Environmental Protection with staff assistance
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also provided by other agencies that have received funding
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from the Preservation 2000 Program.
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Section 6. Subsection (12) of section 259.032, Florida
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Statutes, is amended to read:
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259.032 Conservation and Recreation Lands Trust Fund;
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purpose.--
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(12)(a) Beginning in fiscal year 1994-1995, not more
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than 3.75 percent of the Conservation and Recreation Lands
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Trust Fund shall be made available annually to the department
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for payment in lieu of taxes to qualifying counties, cities,
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and local governments as defined in paragraph (b) for all
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actual tax losses incurred as a result of board of trustees
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acquisitions for state agencies under the Florida Preservation
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2000 Program and the Florida Forever Program during any year.
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Reserved funds not used for payments in lieu of taxes in any
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year shall revert to the fund to be used for land acquisition
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in accordance with the provisions of this section.
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(b) Payment in lieu of taxes shall be available:
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1. To counties which levy an ad valorem tax of at
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least 8.25 mills or the amount of the tax loss from all
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completed Preservation 2000 and Florida Forever acquisitions
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in the county exceeds 0.01 percent of the county's total
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taxable value, and have a population of 100,000 75,000 or
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less.
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2. To counties with a population of less than 100,000
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which contain all or a portion of an area of critical state
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concern designated pursuant to chapter 380 and to local
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governments within such counties.
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3. Beginning in fiscal year 1998-1999 and thereafter,
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to school boards in counties with a population of 100,000 or
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less which do not contain all or a portion of an area of
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critical state concern designated pursuant to chapter 380 that
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levy the maximum millage pursuant to s. 236.25(1) and (2) and
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to school boards in counties with a population of less than
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100,000 which contain all or a portion of an area of critical
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state concern designated pursuant to chapter 380.
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4.3. For the 1997-1998 fiscal year only, and
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Notwithstanding the limitations of paragraph (a), to Glades
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County, where a privately owned and operated prison leased to
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the state has been opened within the last 2 years for which no
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other state moneys have been allocated to the county to offset
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ad valorem revenues. This subparagraph expires July 1, 1998.
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For the purposes of this paragraph, "local government"
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includes municipalities, the county school board, mosquito
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control districts, and any other local government entity which
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levies ad valorem taxes, with the exception of a water
28
management district.
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(c) Payment in lieu of taxes shall be available to any
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city which has a population of 10,000 or less and which levies
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an ad valorem tax of at least 8.25 mills or the amount of the
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tax loss from all completed Preservation 2000 and Florida
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Forever acquisitions in the city exceeds 0.01 percent of the
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city's total taxable value.
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(d) If insufficient funds are available in any year to
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make full payments to all qualifying counties, cities, school
6
districts, and local governments, such counties, cities,
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school districts, and local governments shall receive a pro
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rata share of the moneys available.
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(e) The payment amount shall be based on the average
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amount of actual taxes paid on the property for the 3 years
11
preceding acquisition, except the payment amount for school
12
boards in counties with a population of 100,000 or less which
13
do not contain all or a portion of an area of critical state
14
concern designated pursuant to chapter 380 shall be calculated
15
based only on the value of the millage levied pursuant to s.
16
236.25(1) and (2) on purchases completed after July 1, 1998.
17
Applications for payment in lieu of taxes shall be made no
18
later than January 31 of the year following acquisition. No
19
payment in lieu of taxes shall be made for properties which
20
were exempt from ad valorem taxation for the year immediately
21
preceding acquisition. If property which was subject to ad
22
valorem taxation was acquired by a tax-exempt entity for
23
ultimate conveyance to the state under this chapter, payment
24
in lieu of taxes shall be made for such property based upon
25
the average amount of taxes paid on the property for the 3
26
years prior to its being removed from the tax rolls. The
27
department shall certify to the Department of Revenue those
28
properties that may be eligible under this provision. Payment
29
in lieu of taxes shall be limited to a total of 15 10
30
consecutive years of annual payments, beginning the year a
31
local government becomes eligible.
17
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(f) Payment in lieu of taxes pursuant to this
2
paragraph shall be made annually to qualifying counties,
3
cities, school districts, and local governments after
4
certification by the Department of Revenue that the amounts
5
applied for are reasonably appropriate, based on the amount of
6
actual taxes paid on the eligible property, and after the
7
Department of Environmental Protection has provided supporting
8
documents to the Comptroller and has requested that payment be
9
made in accordance with the requirements of this section.
10
(g) If the board of trustees conveys to a local
11
government title to any land owned by the board, any payments
12
in lieu of taxes on the land made to the local government
13
shall be discontinued as of the date of the conveyance.
14
Section 7. Paragraph (f) is added to subsection (7) of
15
section 259.041, Florida Statutes, to read:
16
259.041 Acquisition of state-owned lands for
17
preservation, conservation, and recreation purposes.--
18
(7) Prior to approval by the board of trustees or,
19
when applicable, the Department of Environmental Protection,
20
of any agreement to purchase land pursuant to this chapter,
21
chapter 260, or chapter 375, and prior to negotiations with
22
the parcel owner to purchase any other land, title to which
23
will vest in the board of trustees, an appraisal of the parcel
24
shall be required as follows:
25
(f) The Division of State Lands may use, as its own,
26
appraisals obtained by a public agency or nonprofit
27
organization, provided that the appraiser is selected from the
28
division's list of appraisers and the appraisal is reviewed
29
and approved by the division. For the purposes of this
30
chapter, the term "nonprofit organization" means an
31
organization whose purposes include the preservation of
18
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natural resources and which is exempt from federal income tax
2
under s. 501(c)(3) of the Internal Revenue Code.
3
Section 8. Paragraphs (a) and (b) of subsection (3) of
4
section 259.101, Florida Statutes, are amended, paragraph (h)
5
is added to subsection (4) of that section, and subsection (9)
6
of that section is amended to read:
7
259.101 Florida Preservation 2000 Act.--
8
(3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
9
costs of issuance, the costs of funding reserve accounts, and
10
other costs with respect to the bonds, the proceeds of bonds
11
issued pursuant to this act shall be deposited into the
12
Florida Preservation 2000 Trust Fund created by s. 375.045.
13
Ten percent of the proceeds of any bonds deposited into the
14
Preservation 2000 Trust Fund shall be distributed by the
15
Department of Environmental Protection to the Department of
16
Environmental Protection for the purchase by the South Florida
17
Water Management District of lands in Dade, Broward, and Palm
18
Beach Counties identified in s. 7, chapter 95-349, Laws of
19
Florida. This distribution shall apply for any bond issue for
20
the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
21
$20 million per year from the proceeds of any bonds deposited
22
into the Florida Preservation 2000 Trust Fund shall be
23
distributed by the Department of Environmental Protection to
24
the St. Johns Water Management District for the purchase of
25
lands necessary to restore Lake Apopka. The remaining proceeds
26
shall be distributed by the Department of Environmental
27
Protection in the following manner:
28
(a) Fifty percent to the Department of Environmental
29
Protection for the purchase of public lands as described in s.
30
259.032. Of this 50 percent, at least one-fifth shall be used
31
for the acquisition of coastal lands and one-tenth may be used
19
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for fixed capital outlay projects to benefit lands acquired
2
for conservation and recreation.
3
(b) Thirty percent to the Department of Environmental
4
Protection for the purchase of water management lands pursuant
5
to s. 373.59, to be distributed among the water management
6
districts as provided in that section. The Southwest Florida
7
Water Management District must use at least 20 percent of its
8
annual allocation for water supply development activities.
9
However, such water supply development activities shall not
10
include the construction of wellfields or distribution
11
facilities. Whenever a water management district considers the
12
purchase of lands for water supply purposes, it must establish
13
as a priority the development of minimum flows and levels for
14
those lands pursuant to s. 373.042. The South Florida Water
15
Management District must use at least 20 percent of its annual
16
allocation for Everglades restoration activities. Funds
17
received by each district may also be used for acquisition of
18
lands necessary to implement surface water improvement and
19
management plans approved in accordance with s. 373.456 or for
20
acquisition of lands necessary to implement the Everglades
21
Construction Project authorized by s. 373.4592.
22
23
Local governments may use federal grants or loans, private
24
donations, or environmental mitigation funds, including
25
environmental mitigation funds required pursuant to s.
26
338.250, for any part or all of any local match required for
27
the purposes described in this subsection. Bond proceeds
28
allocated pursuant to paragraph (c) may be used to purchase
29
lands on the priority lists developed pursuant to s. 259.035.
30
Title to lands purchased pursuant to paragraphs (a), (d), (e),
31
(f), and (g) shall be vested in the Board of Trustees of the
20
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Internal Improvement Trust Fund, except that title to lands,
2
or rights or interests therein, acquired by either the
3
Southwest Florida Water Management District or the St. Johns
4
River Water Management District in furtherance of the Green
5
Swamp Land Authority's mission pursuant to s. 380.0677(3),
6
shall be vested in the district where the acquisition project
7
is located. Title to lands purchased pursuant to paragraph
8
(c) may be vested in the Board of Trustees of the Internal
9
Improvement Trust Fund, except that title to lands, or rights
10
or interests therein, acquired by either the Southwest Florida
11
Water Management District or the St. Johns River Water
12
Management District in furtherance of the Green Swamp Land
13
Authority's mission pursuant to s. 380.0677(3), shall be
14
vested in the district where the acquisition project is
15
located. This subsection is repealed effective October 1,
16
2000. Prior to repeal, the Legislature shall review the
17
provisions scheduled for repeal and shall determine whether to
18
reenact or modify the provisions or to take no action.
19
(4) PROJECT CRITERIA.--
20
(h) In recognition that the state's land acquisition
21
programs may have a disproportionate impact on some counties,
22
no additional acquisition under the Preservation 2000 Program
23
may be undertaken in a county having more than 35 percent of
24
its land in public ownership without the approval of at least
25
five members of the Board of Trustees of the Internal
26
Improvement Trust Fund.
27
(9)(a) The Legislature finds that, with the increasing
28
pressures on the natural areas of this state, the state must
29
develop creative techniques to maximize the use of acquisition
30
and management moneys. The Legislature also finds that the
31
state's environmental land-buying agencies should be
21
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encouraged to augment their traditional, fee simple
2
acquisition programs with the use of alternatives to fee
3
simple acquisition techniques. The Legislature also finds
4
that using alternatives to fee simple acquisition by public
5
land-buying agencies will achieve the following public policy
6
goals:
7
1. Allow more lands to be brought under public
8
protection for preservation, conservation, and recreational
9
purposes at less expense using public funds.
10
2. Retain, on local government tax rolls, some portion
11
of or interest in lands which are under public protection.
12
3. Reduce long-term management costs by allowing
13
private property owners to continue acting as stewards of the
14
land, where appropriate.
15
16
Therefore, it is the intent of the Legislature that public
17
land-buying agencies develop programs to pursue alternatives
18
to fee simple acquisition and to educate private landowners
19
about such alternatives and the benefits of such alternatives.
20
It also is the intent of the Legislature that the department
21
and the water management districts spend a portion of their
22
shares of Preservation 2000 bond proceeds to purchase eligible
23
properties using alternatives to fee simple acquisition.
24
Finally, it is the intent of the Legislature that public
25
agencies acquire lands in fee simple for public access and
26
recreational activities. Lands protected using alternatives
27
to fee simple acquisition techniques shall not be accessible
28
to the public unless such access is negotiated with and agreed
29
to by the private landowners who retain interests in such
30
lands.
31
22
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(b) Projects to be acquired using alternatives to fee
2
simple acquisition, after meeting applicable selection
3
criteria, shall be ranked based on price, with the highest
4
priority given to projects for which the sellers are willing
5
to accept the greatest reduction below the appraised value of
6
the property. Extra consideration shall also be given to
7
projects that are joint acquisitions with other governmental
8
entities. However, no projects using alternatives to fee
9
simple acquisition may be undertaken if the purchase price
10
exceeds two-thirds of the project's appraised value.
11
(c)(b) The Land Acquisition Advisory Council and the
12
water management districts shall identify, within their 1997
13
acquisition plans, those projects which require a full fee
14
simple interest to achieve the public policy goals, along with
15
the reasons why full title is determined to be necessary. The
16
council and the water management districts may use
17
alternatives to fee simple acquisition to bring the remaining
18
projects in their acquisition plans under public protection.
19
For the purposes of this subsection, the term "alternatives to
20
fee simple acquisition" includes, but is not limited to:
21
purchase of development rights; conservation easements;
22
flowage easements; purchase of timber rights, mineral rights,
23
or hunting rights; purchase of agricultural interests or
24
silvicultural interests; land protection agreements; fee
25
simple acquisitions with reservations; or any other
26
acquisition technique which achieves the public policy goals
27
listed in paragraph (a). It is presumed that a private
28
landowner retains the full range of uses for all the rights or
29
interests in the landowner's land which are not specifically
30
acquired by the public agency. Life estates and fee simple
31
acquisitions with leaseback provisions shall not qualify as an
23
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alternative to fee simple acquisition under this subsection,
2
although the department and the districts are encouraged to
3
use such techniques where appropriate.
4
(d)(c) Beginning in fiscal year 1996-1997, the
5
department and each water management district shall implement
6
initiatives to use alternatives to fee simple acquisition and
7
to educate private landowners about such alternatives. These
8
initiatives shall include at least two acquisitions a year by
9
the department and each water management district utilizing
10
alternatives to fee simple.
11
(e)(d) The Legislature finds that the lack of direct
12
sales comparison information has served as an impediment to
13
successful implementation of alternatives to fee simple
14
acquisition. It is the intent of the Legislature that, in the
15
absence of direct comparable sales information, appraisals of
16
alternatives to fee simple acquisitions be based on the
17
difference between the full fee simple valuation and the value
18
of the interests remaining with the seller after acquisition.
19
(f)(e) The public agency which has been assigned
20
management responsibility shall inspect and monitor any
21
less-than-fee-simple interest according to the terms of the
22
purchase agreement relating to such interest.
23
(g)(f)1. Pursuant to subsection (3) and beginning in
24
fiscal year 1999-2000 1998-1999, that portion of the
25
unencumbered balances of each program described in paragraphs
26
(3)(c), (d), (e), (f), and (g) which has been on deposit in
27
such program's Preservation 2000 account for more than two
28
fiscal years shall be redistributed equally to the Department
29
of Environmental Protection's Division of State Lands P-2000
30
subaccount for the purchase of state lands as described in s.
31
259.032 and the Water Management District P-2000 subaccount
24
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for the purchase of water management lands pursuant to ss.
2
373.59, 373.456 and 373.4592 Conservation and Recreation Lands
3
Trust Fund and the Water Management Lands Trust Fund. For the
4
purposes of this subsection, the term "unencumbered balances"
5
means the portion of Preservation 2000 bond proceeds which is
6
not obligated through the signing of a purchase contract
7
between a public agency and a private landowner, except that
8
the program described in paragraph (3)(c) may not lose any
9
portion of its unencumbered funds which remain unobligated
10
because of extraordinary circumstances that hampered the
11
affected local governments' abilities to close on land
12
acquisition projects approved through the Florida Communities
13
Trust program. Extraordinary circumstances shall be
14
determined by the Florida Communities Trust governing body and
15
may include such things as death or bankruptcy of the owner of
16
property; a change in the land use designation of the
17
property; natural disasters that affected a local government's
18
ability to consummate the sales contract on such property; or
19
any other condition that the Florida Communities Trust
20
governing board determined to be extraordinary. The portion of
21
the funds redistributed deposited in the Water Management
22
District P-2000 subaccount Lands Trust Fund shall be
23
distributed to the water management districts as provided in
24
s. 373.59(8) s. 373.59(7).
25
2. The department and the water management districts
26
may enter into joint acquisition agreements to jointly fund
27
the purchase of lands using alternatives to fee simple
28
techniques.
29
(h)(g) If the department or any water management
30
district is unable to spend the funds it receives pursuant to
31
25
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paragraph (g)(f) within the same fiscal year, the unspent
2
funds shall be carried forward to the subsequent fiscal year.
3
(i)(h) This subsection is repealed July 1 of the year
4
following the final authorization of Preservation 2000 bonds.
5
Section 9. Subsection (14) of section 373.59, Florida
6
Statutes, is amended to read:
7
373.59 Water Management Lands Trust Fund.--
8
(14)(a) Beginning in fiscal year 1992-1993, not more
9
than one-fourth of the land management funds provided for in
10
subsections (1) and (9) in any year shall be reserved annually
11
by a governing board, during the development of its annual
12
operating budget, for payment in lieu of taxes to qualifying
13
counties and school districts for actual ad valorem tax losses
14
incurred as a result of lands purchased with funds allocated
15
pursuant to s. 259.101(3)(b) and the Florida Forever Program.
16
In addition, the Northwest Florida Water Management District,
17
the South Florida Water Management District, the Southwest
18
Florida Water Management District, the St. Johns River Water
19
Management District, and the Suwannee River Water Management
20
District shall pay to qualifying counties and school districts
21
payments in lieu of taxes for district lands acquired with
22
funds allocated pursuant to subsection (8). Reserved funds
23
that are not used for payment in lieu of taxes in any year
24
shall revert to the fund to be used for management purposes or
25
land acquisition in accordance with this section.
26
(b) Payment in lieu of taxes shall be available to
27
counties for each year in which the levy of ad valorem tax is
28
at least 8.25 mills or the amount of the tax loss from all
29
completed Preservation 2000 and Florida Forever acquisitions
30
in the county exceeds 0.01 percent of the county's total
31
taxable value, and the population is 100,000 75,000 or less
26
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and to counties with a population of less than 100,000 which
2
contain all or a portion of an area of critical state concern
3
designated pursuant to chapter 380; and, beginning in fiscal
4
year 1998-1999, to school boards in counties with a population
5
of 100,000 or less which do not contain all or a portion of an
6
area of critical state concern designated pursuant to chapter
7
380 that levy the maximum millage pursuant to s. 236.25(1) and
8
(2) and to school boards in counties with a population of less
9
than 100,000 which contain all or a portion of an area of
10
critical state concern designated pursuant to chapter 380.
11
(c) If insufficient funds are available in any year to
12
make full payments to all qualifying counties and school
13
districts, such counties and school districts shall receive a
14
pro rata share of the moneys available.
15
(d) The payment amount shall be based on the average
16
amount of actual taxes paid on the property for the 3 years
17
immediately preceding acquisition, except the payment amount
18
for school boards in counties with a population of 100,000 or
19
less which do not contain all or a portion of an area of
20
critical state concern designated pursuant to chapter 380
21
shall be calculated based only on the value of the millage
22
levied pursuant to s. 236.25(1) and (2) on purchases completed
23
after July 1, 1998. For lands purchased prior to July 1, 1992,
24
applications for payment in lieu of taxes shall be made to the
25
districts by January 1, 1993. For lands purchased after July
26
1, 1992, applications for payment in lieu of taxes shall be
27
made no later than January 31 of the year following
28
acquisition. No payment in lieu of taxes shall be made for
29
properties which were exempt from ad valorem taxation for the
30
year immediately preceding acquisition. Payment in lieu of
31
27
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taxes shall be limited to a period of 15 10 consecutive years
2
of annual payments.
3
(e) Payment in lieu of taxes shall be made within 30
4
days after: certification by the Department of Revenue that
5
the amounts applied for are appropriate, certification by the
6
Department of Environmental Protection that funds are
7
available, and completion of any fund transfers to the
8
district. The governing board may reduce the amount of a
9
payment in lieu of taxes to any county or school district by
10
the amount of other payments, grants, or in-kind services
11
provided to that county or school district by the district
12
during the year. The amount of any reduction in payments shall
13
remain in the Water Management Lands Trust Fund for purposes
14
provided by law.
15
(f) If a district governing board conveys to a local
16
government title to any land owned by the board, any payments
17
in lieu of taxes on the land made to the local government
18
shall be discontinued as of the date of the conveyance.
19
Section 10. (1) Notwithstanding any provision to the
20
contrary in chapter 259 or chapter 253, Florida Statutes, the
21
Board of Trustees of the Internal Improvement Trust Fund,
22
pursuant to chapters 93-184 and 95-275, Laws of Florida, shall
23
convey the lands located in Walton County specifically
24
identified as the New Town, consistent with the Walton County
25
Comprehensive Plan, to Walton County at a price not to exceed
26
the price paid by the board for the lands plus any applicable
27
interest, if the disposition of the land would not have the
28
effect of causing all or any portion of the interest on any
29
revenue bonds issued to fund the Florida Preservation 2000
30
Trust Act to lose their exclusion from gross income for
31
purposes of federal income taxation. Any revenue derived from
28
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the disposal of the lands may not be used for any purpose
2
except for deposit into the Florida Preservation 2000 Trust
3
Fund for recredit to the share held under section 259.101(3),
4
Florida Statutes, in which the disposed of land is described.
5
(2) The New Town Center shall be developed consistent
6
with the October 31, 1996, South Walton New Town Master Plan
7
of Development, incorporated in its entirety into the Walton
8
County Comprehensive Plan and Land Development Code.
9
(3) If any lands acquired by Walton County pursuant to
10
subsection (1) are resold to private interests, they must be
11
sold at fair market value and the proceeds from such resale
12
must be used exclusively for development of the New Town
13
Center, including its infrastructure and related school
14
facilities.
15
Section 11. Subsections (6), (7), and (8) are added to
16
section 253.82, Florida Statutes, to read:
17
253.82 Title of state or private owners to Murphy Act
18
lands.--
19
(6)(a) All reservations of easements on deeds by the
20
Board of Trustees of the Internal Improvement Trust Fund
21
conveying land acquired under chapter 18296, Laws of Florida,
22
1937, are hereby vested, by operation of law and without the
23
necessity of instruments of conveyance from the Board of
24
Trustees of the Internal Improvement Trust Fund, in the
25
governmental entity having right and title to the road to
26
which the reservations are adjacent. All reservations adjacent
27
to a road that was designated as a state road at the time of
28
the reservation, which road is currently held by the state,
29
are conveyed to the Department of Transportation. All
30
reservations adjacent to a road that was designated as a state
31
road at the time of the reservation, which road is located in
29
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an unincorporated area of a county or owned by the county
2
within any incorporated area, are conveyed to the respective
3
county. Any other reservation within an incorporated area
4
adjacent to a road that was designated as a state road at the
5
time of the reservation, which reservation is not otherwise
6
conveyed to the state or the county, is conveyed to the
7
incorporated area. The conveyance includes all rights, title,
8
and interest in the reservation held by the Board of Trustees
9
of the Internal Improvement Trust Fund.
10
(b) Each entity that holds title to Murphy Act
11
reservations must establish a procedure for reviewing any deed
12
that contains a reservation when a review is requested or a
13
road project is anticipated. The review process must provide
14
for:
15
1. A determination of whether the language of the deed
16
created a reservation at the time of the original conveyance.
17
2. A review of any release of the reservation provided
18
by the property owner.
19
3. The recording of a notice of the nonexistence of a
20
reservation if reservation language in the deed does not
21
impact the property.
22
4. A determination of whether any or all of the
23
reservation may be released, and a form for recording the
24
release.
25
5. A process to allow for review through mediation if
26
requested by the property owner or through binding arbitration
27
under chapter 44.
28
29
Any fee charged may not exceed the actual cost to review the
30
deed, perform an appeal, and pay any recording expenses. Any
31
such fee may not exceed $300.
30
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(c)1. Any owner of property encumbered by a Murphy Act
2
reservation who has been denied a release of all or part of
3
the reservation or who has received notice of a governmental
4
entity's intent to preserve the reservation under s. 712.05,
5
may appeal to the entity and show that the reservation
6
substantially denies the property owner the current economic
7
use of the property held by the owner. For purposes of this
8
determination, the term "current economic use" means the use
9
of the property on the date notice of the easement is filed
10
under s. 712.05.
11
2. Upon a determination by the governmental entity
12
that the reservation substantially denies the property owner
13
the current economic use of the property held by the owner,
14
the governmental entity must purchase the real property and
15
improvements not retained by the property owner in fee simple
16
title or release all or part of the reservation as necessary
17
to allow for beneficial use of the property.
18
3. If the governmental entity and property owner are
19
unable to agree as to whether the reservation substantially
20
denies the current economic use of the property or as to the
21
purchase price, the property owner may request mediation or
22
binding arbitration under chapter 44 to resolve these issues.
23
4. Before the payment of any compensation, the
24
property owner must provide to the governmental entity copies
25
of any title insurance policies and notice of any compensation
26
received from a title company with respect to the easement.
27
(7) The process for release of any road reservation
28
covered by this section or payment for property impacted by
29
the use of a reservation covered by this section shall be
30
solely in accordance with this section. Any action for the
31
31
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taking of property related to road construction is separate
2
and distinct from an action under this section.
3
(8) The governmental entity is not liable for
4
attorney's fees or costs incurred by the owner in establishing
5
the impact of the road reservation on the property.
6
Section 12. Subsection (1) of section 380.504, Florida
7
Statutes, is amended to read:
8
380.504 Florida Communities Trust; creation;
9
membership; expenses.--
10
(1) There is created within the Department of
11
Community Affairs a nonregulatory state agency and
12
instrumentality, which shall be a public body corporate and
13
politic, known as the "Florida Communities Trust." The
14
governing body of the trust shall consist of:
15
(a) The Secretary of Community Affairs, and the
16
Secretary of Environmental Protection, and the director of the
17
Division of Historical Resources in the Department of State;
18
and
19
(b) Three public members whom the Governor shall
20
appoint subject to Senate confirmation.
21
22
The Governor shall appoint a former elected official of a
23
local government, a representative of a nonprofit organization
24
as defined in this part, and a representative of the
25
development industry. The Secretary of Community Affairs may
26
designate his or her assistant secretary or the director of
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the Division of Resource Planning and Management to serve in
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his or her absence. The Secretary of Environmental Protection
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may appoint his or her assistant executive director, the
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deputy assistant director for Land Resources, the director of
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the Division of State Lands, or the director of the Division
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of Recreation and Parks to serve in his or her absence. The
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Secretary of Community Affairs shall be the chair of the
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governing body of the trust. The Governor shall make his or
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her appointments upon the expiration of any current terms or
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within 60 days after the effective date of the resignation of
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any member.
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Section 13. Section 712.04, Florida Statutes, is
8
amended to read:
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712.04 Interests extinguished by marketable record
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title.--Subject to the matters stated in s. 712.03, such
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marketable record title shall be free and clear of all
12
estates, interests, claims, or charges whatsoever, the
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existence of which depends upon any act, title transaction,
14
event or omission that occurred prior to the effective date of
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the root of title. All such estates, interests, claims, or
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charges, however denominated, whether such estates, interests,
17
claims, or charges are or appear to be held or asserted by a
18
person sui juris or under a disability, whether such person is
19
within or without the state, whether such person is natural or
20
corporate, or is private or governmental, are hereby declared
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to be null and void, except that this chapter shall not be
22
deemed to affect any right, title, or interest of the United
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States, Florida, or any of its officers, boards, commissions,
24
or other agencies reserved in the patent or deed by which the
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United States, Florida, or any of its agencies parted with
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title. However, all reservations of easements in deeds by the
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Board of Trustees of the Internal Improvement Trust Fund
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conveying land acquired under chapter 18296, Laws of Florida,
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1937, shall be extinguished by the Marketable Record Title Act
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on July 1, 2001, subject to the provisions of s. 712.03, and
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further subject to the right of any governmental entity that
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holds title to the reservations to preserve such reservations
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that are necessary for future transportation projects in
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adopted transportation plans by filing notice under s. 712.05,
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before July 1, 2001.
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Section 14. Subsection (3) is added to section 712.05,
6
Florida Statutes, to read:
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712.05 Effect of filing notice.--
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(3) Any governmental entity that claims a road
9
reservation pursuant to a deed conveyed under the Murphy Act
10
may preserve the reservation, or any portion thereof,
11
necessary for future transportation projects in adopted
12
transportation plans and protect the reservation from
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extinguishment by the operation of this chapter by filing for
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record, prior to July 1, 2001, a notice, in writing, in
15
accordance with this chapter. The notice shall preserve the
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reservation or portion thereof for 10 years following the date
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of record if the reservation is used or identified by the
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governmental entity in the final design plans of a road
19
project scheduled for construction to begin before the end of
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the 10-year period. Any reservation used or identified in the
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final design plans of a road project scheduled for
22
construction to begin before the end of the 10-year period is
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not extinguished.
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Section 15. The Legislature finds that balancing
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property interests of private citizens and governmental
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entities is an important function of the Legislature.
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Therefore, the Legislature finds that sections 11, 12, 13, and
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14 of this act fulfill an important state interest.
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Section 16. Paragraph (a) of subsection (1) of section
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201.15, Florida Statutes, is amended to read:
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201.15 Distribution of taxes collected.--All taxes
2
collected under this chapter shall be subject to the service
3
charge imposed in s. 215.20(1) and shall be distributed as
4
follows:
5
(1) Sixty-two and sixty-three hundredths percent of
6
the remaining taxes collected under this chapter shall be used
7
for the following purposes:
8
(a) Subject to the maximum amount limitations set
9
forth in this paragraph, an amount as shall be necessary to
10
pay the debt service on, or fund debt service reserve funds,
11
rebate obligations, or other amounts with respect to bonds
12
issued pursuant to s. 375.051 and payable from moneys
13
transferred to the Land Acquisition Trust Fund pursuant to
14
this paragraph shall be paid into the State Treasury to the
15
credit of the Land Acquisition Trust Fund to be used for such
16
purposes. The amount transferred to the Land Acquisition Trust
17
Fund shall not exceed $90 million in fiscal year 1992-1993,
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$120 million in fiscal year 1993-1994, $150 million in fiscal
19
year 1994-1995, $180 million in fiscal year 1995-1996, $210
20
million in fiscal year 1996-1997, $240 million in fiscal year
21
1997-1998, $270 million in fiscal year 1998-1999, and $300
22
million in fiscal year 1999-2000 and thereafter. After July 1,
23
2000, the amount transferred for prior debt service for the
24
Preservation 2000 Program and for new debt service for the
25
Florida Forever Program shall not exceed $330 million in
26
fiscal year 2000-2001, $360 million in fiscal year 2001-2002,
27
$390 million in fiscal year 2002-2003, $420 million in fiscal
28
year 2003-2004, $450 million in fiscal year 2004-2005, $480
29
million in fiscal year 2005-2006, $510 million in fiscal year
30
2006-2007, $540 million in fiscal year 2007-2008, $570 million
31
in fiscal year 2008-2009, and $600 million in fiscal year
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2009-2010 and thereafter. No individual series of bonds may be
2
issued pursuant to this paragraph unless the first year's debt
3
service for such bonds is specifically appropriated in the
4
General Appropriations Act. No moneys transferred to the Land
5
Acquisition Trust Fund pursuant to this paragraph, or earnings
6
thereon, shall be used or made available to pay debt service
7
on the Save Our Coast revenue bonds.
8
Section 17. Sections 1, 2, 3, 4, and 15 of this act
9
shall take effect July 1, 2000, but only upon approval by the
10
electorate of a constitutional amendment permitting the sale
11
of bonds as provided by law for the purposes of conservation,
12
outdoor recreation, water resource development, restoration of
13
natural systems, and historic preservation, as provided in SB
14
528 or similar legislation. Otherwise, this act shall take
15
effect upon becoming a law.
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