Senate Bill 0908er
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  2         An act relating to the Florida Forever Program;
  3         creating s. 259.202, F.S.; creating the Florida
  4         Forever Act; providing legislative findings;
  5         prohibiting the use of certain funds in the
  6         Conservation and Recreation Lands and Water
  7         Management Lands Trust Funds for land
  8         acquisition; amending s. 161.05301, F.S.;
  9         correcting cross-references; amending s.
10         161.085, F.S.; providing for permitting of
11         certain coastal armoring structures; amending
12         s. 161.091, F.S.; correcting cross-references;
13         creating s. 215.618, F.S.; providing for the
14         issuance of Florida Forever bonds; providing
15         limitations; providing procedures and
16         legislative intent; amending s. 216.331, F.S.;
17         correcting a cross-reference; amending s.
18         253.027, F.S.; providing for the reservation of
19         funds; revising the criteria for expenditures
20         for archaeological property to include lands on
21         the acquisition list for the Florida Forever
22         program; amending s. 253.03, F.S.; providing
23         certain structures entitled to continue
24         sovereignty submerged lands leases; amending s.
25         253.034, F.S.; providing for the use of
26         state-owned lands; providing for the sale of
27         surplus state lands; authorizing contractual
28         arrangements to manage state-owned lands;
29         amending s. 253.7825, F.S.; revising acreage
30         requirements for a horse park-agricultural
31         center; amending s. 259.03, F.S.; deleting
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  1         obsolete definitions; providing new
  2         definitions; amending s. 259.032, F.S.;
  3         providing legislative intent; specifying
  4         certain uses of funds from the Conservation and
  5         Recreation Lands Trust Fund; revising
  6         provisions relating to individual land
  7         management plans; revising eligibility for
  8         payment in lieu of taxes; deleting obsolete
  9         language; revising timeframe for removal of
10         certain projects from a priority list; creating
11         s. 259.0345, F.S.; creating the Florida Forever
12         Advisory Council; specifying membership and
13         duties; providing for per diem and travel
14         expenses; providing for a report; providing an
15         appropriation; amending s. 259.035, F.S.;
16         creating the Acquisition and Restoration
17         Council; specifying membership and duties;
18         providing for compensation; authorizing
19         adoption of rules; providing for per diem and
20         travel expenses; amending s. 259.036, F.S.;
21         providing conforming language; amending s.
22         259.04, F.S.; conforming language and
23         cross-references; amending s. 259.041, F.S.;
24         providing procedures and guidelines for land
25         acquisition; providing legislative intent and
26         guidelines for use of less than fee land
27         acquisition alternatives; amending s. 259.101,
28         F.S.; providing for redistribution for certain
29         unencumbered P2000 funds; conforming language
30         and cross-references; creating s. 259.105,
31         F.S.; creating the Florida Forever Act;
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  1         providing legislative findings and intent;
  2         providing for issuing bonds; providing for
  3         distribution and use of bond proceeds;
  4         providing project goals and selection criteria;
  5         providing application and selection procedures;
  6         authorizing certain uses of acquired lands;
  7         authorizing adoption of rules, subject to
  8         legislative review; authorizing contractual
  9         arrangements to manage lands identified for
10         acquisition under Florida Forever program;
11         amending s. 260.012, F.S.; clarifying
12         legislative intent relating to the statewide
13         system of greenways and trails; amending s.
14         260.013, F.S.; clarifying a definition;
15         amending s. 260.014, F.S.; including waterways
16         in the statewide system of greenways and
17         trails; creating s. 260.0142, F.S.; creating
18         the Florida Greenways and Trails Council within
19         the Department of Environmental Protection;
20         providing for membership, powers, and duties;
21         amending s. 260.016, F.S.; revising powers of
22         the Department of Environmental Protection with
23         respect to greenways and trails; deleting
24         reference to the Florida Recreational Trails
25         Council; amending s. 260.018, F.S., to conform
26         to the act; amending s. 288.1224, F.S.;
27         providing conforming language; providing
28         exceptions to the designation process for
29         certain recreational trails; amending s.
30         369.252, F.S.; providing for the use of certain
31         funds from the Aquatic Plant Control Trust
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  1         Fund; amending s. 369.307, F.S.; providing
  2         conforming language; amending s. 373.089, F.S.;
  3         providing procedure for the surplusing of water
  4         management district lands; amending s. 373.139,
  5         F.S.; revising authority and requirements for
  6         acquisition and disposition of lands by the
  7         water management districts; providing district
  8         rulemaking authority, subject to legislative
  9         review; amending s. 373.146, F.S.; providing
10         for public notice of certain public meetings;
11         creating s. 373.1391, F.S.; providing criteria
12         for management and uses of district lands;
13         providing district rulemaking authority,
14         subject to legislative review; creating s.
15         373.199, F.S.; providing for Florida Forever
16         water management districts' workplans;
17         requiring development of recommended project
18         lists; specifying required information;
19         repealing s. 373.250, F.S.; relating to the
20         reuse of reclaimed water; amending s. 373.59,
21         F.S.; revising authorized uses of funds from
22         the Water Management Lands Trust Fund; revising
23         eligibility criteria for payment in lieu of
24         taxes; amending s. 375.075, F.S.; revising
25         funding and procedures for the Florida
26         Recreation Development Assistance Program;
27         amending s. 380.0666, F.S.; providing
28         conforming language; amending s. 380.0677,
29         F.S.; extending the availability of funds for
30         specified purposes; amending s. 380.22, F.S.;
31         providing conforming language; amending s.
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  1         380.503, F.S.; providing definitions; amending
  2         s. 380.504, F.S.; revising the composition of
  3         the Florida Communities Trust; amending s.
  4         380.505, F.S.; revising quorum requirements;
  5         amending s. 380.507, F.S.; providing for
  6         titling of certain acquired property to a local
  7         government; revising rulemaking authority;
  8         amending s. 380.510, F.S.; requiring covenants
  9         and restrictions for certain property,
10         necessary to comply with constitutional
11         requirements; amending ss. 420.5092 and
12         420.9073, F.S.; correcting cross-references;
13         repealing s. 253.787, F.S.; relating to the
14         Florida Greenways Coordinating Council;
15         repealing of s. 380.0677(2), F.S.; relating to
16         membership of the Green Swamp Land Authority;
17         transferring powers, duties and functions of
18         the Green Swamp Land Authority to the
19         Department of Environmental Protection;
20         providing that payments in lieu of taxes be
21         reinstituted under specified circumstances;
22         providing effective dates.
23
24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  Section 201.15, Florida Statutes, 1998
27  Supplement, is amended to read:
28         201.15  Distribution of taxes collected.--All taxes
29  collected under this chapter shall be distributed as follows
30  and shall be subject to the service charge imposed in s.
31  215.20(1), except that such service charge shall not be levied
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  1  against any portion of taxes pledged to debt service on bonds
  2  to the extent that the amount of the service charge is
  3  required to pay any amounts relating to the bonds and shall be
  4  distributed as 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)  Amounts Subject to the maximum amount limitations
  9  set forth in this paragraph, an amount as shall be necessary
10  to pay the debt service on, or fund debt service reserve
11  funds, rebate obligations, or other amounts payable with
12  respect to Preservation 2000 bonds issued pursuant to s.
13  375.051 and Florida Forever bonds issued pursuant to s.
14  215.618, bonds issued pursuant to s. 375.051 and payable from
15  moneys transferred to the Land Acquisition Trust Fund pursuant
16  to this paragraph shall be paid into the State Treasury to the
17  credit of the Land Acquisition Trust Fund to be used for such
18  purposes. The amount transferred to the Land Acquisition Trust
19  Fund for such purposes shall not exceed $90 million in fiscal
20  year 1992-1993, $120 million in fiscal year 1993-1994, $150
21  million in fiscal year 1994-1995, $180 million in fiscal year
22  1995-1996, $210 million in fiscal year 1996-1997, $240 million
23  in fiscal year 1997-1998, $270 million in fiscal year
24  1998-1999, and $300 million in fiscal year 1999-2000 and
25  thereafter for Preservation 2000 bonds and bonds issued to
26  refund Preservation 2000 bonds, and $300 million in fiscal
27  year 2000-2001 and thereafter for Florida Forever bonds. The
28  annual amount transferred to the Land Acquisition Trust Fund
29  for Florida Forever bonds shall not exceed $30 million in the
30  first fiscal year in which bonds are issued. The limitation on
31  the amount transferred shall be increased by an additional $30
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  1  million in each subsequent fiscal year in which bonds are
  2  authorized to be issued, but shall not exceed a total of $300
  3  million in any fiscal year for all bonds issued. It is the
  4  intent of the Legislature that all bonds issued to fund the
  5  Florida Forever Act be retired by December 31, 2030. Except
  6  for bonds issued to refund previously issued bonds, no
  7  individual series of bonds may be issued pursuant to this
  8  paragraph unless such bonds are approved and the first year's
  9  debt service for such bonds is specifically appropriated in
10  the General Appropriations Act. For purposes of refunding
11  Preservation 2000 bonds, amounts designated within this
12  section for Preservation 2000 and Florida Forever bonds may be
13  transferred between the two programs to the extent provided
14  for in the documents authorizing the issuance of the bonds.
15  The Preservation 2000 bonds and Florida Forever bonds shall be
16  equally and ratably secured by moneys distributable to the
17  Land Acquisition Trust Fund pursuant to this section, except
18  to the extent specifically provided otherwise by the documents
19  authorizing the issuance of the bonds. No moneys transferred
20  to the Land Acquisition Trust Fund pursuant to this paragraph,
21  or earnings thereon, shall be used or made available to pay
22  debt service on the Save Our Coast revenue bonds.
23         (b)  The remainder of the moneys distributed under this
24  subsection, after the required payment under paragraph (a),
25  shall be paid into the State Treasury to the credit of the
26  Land Acquisition Trust Fund and may be used for any purpose
27  for which funds deposited in the Land Acquisition Trust Fund
28  may lawfully be used. Payments made under this paragraph shall
29  continue until the cumulative amount credited to the Land
30  Acquisition Trust Fund for the fiscal year under this
31  paragraph and paragraph (2)(b) equals 70 percent of the
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  1  current official forecast for distributions of taxes collected
  2  under this chapter pursuant to subsection (2). As used in this
  3  paragraph, the term "current official forecast" means the most
  4  recent forecast as determined by the Revenue Estimating
  5  Conference. If the current official forecast for a fiscal year
  6  changes after payments under this paragraph have ended during
  7  that fiscal year, no further payments are required under this
  8  paragraph during the fiscal year.
  9         (c)  The remainder of the moneys distributed under this
10  subsection, after the required payments under paragraphs (a)
11  and (b), shall be paid into the State Treasury to the credit
12  of the General Revenue Fund of the state to be used and
13  expended for the purposes for which the General Revenue Fund
14  was created and exists by law or to the Ecosystem Management
15  and Restoration Trust Fund as provided in subsection (8).
16         (2)  Seven and fifty-six hundredths percent of the
17  remaining taxes collected under this chapter shall be used for
18  the following purposes:
19         (a)  Beginning in the month following the final payment
20  for a fiscal year under paragraph (1)(b), available moneys
21  shall be paid into the State Treasury to the credit of the
22  General Revenue Fund of the state to be used and expended for
23  the purposes for which the General Revenue Fund was created
24  and exists by law or to the Ecosystem Management and
25  Restoration Trust Fund as provided in subsection (8). Payments
26  made under this paragraph shall continue until the cumulative
27  amount credited to the General Revenue Fund for the fiscal
28  year under this paragraph equals the cumulative payments made
29  under paragraph (1)(b) for the same fiscal year.
30         (b)  The remainder of the moneys distributed under this
31  subsection shall be paid into the State Treasury to the credit
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  1  of the Land Acquisition Trust Fund. Sums deposited in the fund
  2  pursuant to this subsection may be used for any purpose for
  3  which funds deposited in the Land Acquisition Trust Fund may
  4  lawfully be used.
  5         (3)  One and ninety-four hundredths percent of the
  6  remaining taxes collected under this chapter shall be paid
  7  into the State Treasury to the credit of the Land Acquisition
  8  Trust Fund. Moneys deposited in the trust fund pursuant to
  9  this section shall be used for the following purposes:
10         (a)  Sixty percent of the moneys shall be used to
11  acquire coastal lands or to pay debt service on bonds issued
12  to acquire coastal lands; and
13         (b)  Forty percent of the moneys shall be used to
14  develop and manage lands acquired with moneys from the Land
15  Acquisition Trust Fund.
16         (4)  Five and eighty-four hundredths percent of the
17  remaining taxes collected under this chapter shall be paid
18  into the State Treasury to the credit of the Water Management
19  Lands Trust Fund. Sums deposited in that fund may be used for
20  any purpose authorized in s. 373.59.
21         (5)  Five and eighty-four hundredths percent of the
22  remaining taxes collected under this chapter shall be paid
23  into the State Treasury to the credit of the Conservation and
24  Recreation Lands Trust Fund to carry out the purposes set
25  forth in s. 259.032.
26         (6)  Seven and fifty-three hundredths percent of the
27  remaining taxes collected under this chapter shall be paid
28  into the State Treasury to the credit of the State Housing
29  Trust Fund and shall be used as follows:
30
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  1         (a)  Half of that amount shall be used for the purposes
  2  for which the State Housing Trust Fund was created and exists
  3  by law.
  4         (b)  Half of that amount shall be paid into the State
  5  Treasury to the credit of the Local Government Housing Trust
  6  Fund and shall be used for the purposes for which the Local
  7  Government Housing Trust Fund was created and exists by law.
  8         (7)  Eight and sixty-six hundredths percent of the
  9  remaining taxes collected under this chapter shall be paid
10  into the State Treasury to the credit of the State Housing
11  Trust Fund and shall be used as follows:
12         (a)  Twelve and one-half percent of that amount shall
13  be deposited into the State Housing Trust Fund and be expended
14  by the Department of Community Affairs and by the Florida
15  Housing Finance Agency for the purposes for which the State
16  Housing Trust Fund was created and exists by law.
17         (b)  Eighty-seven and one-half percent of that amount
18  shall be distributed to the Local Government Housing Trust
19  Fund and shall be used for the purposes for which the Local
20  Government Housing Trust Fund was created and exists by law.
21  Funds from this category may also be used to provide for state
22  and local services to assist the homeless.
23         (8)  From the moneys specified in paragraphs (1)(c) and
24  (2)(a) and prior to deposit of any moneys into the General
25  Revenue Fund, $10 million shall be paid into the State
26  Treasury to the credit of the Ecosystem Management and
27  Restoration Trust Fund in fiscal year 1998-1999, $20 million
28  in fiscal year 1999-2000, and $30 million in fiscal year
29  2000-2001 and each fiscal year thereafter, to be used for the
30  preservation and repair of the state's beaches as provided in
31  ss. 161.091-161.212.
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  1         (9)  The Department of Revenue may use the payments
  2  credited to trust funds pursuant to paragraphs (1)(b) and
  3  (2)(b) and subsections (3), (4), (5), (6), and (7) to pay the
  4  costs of the collection and enforcement of the tax levied by
  5  this chapter. The percentage of such costs which may be
  6  assessed against a trust fund is a ratio, the numerator of
  7  which is payments credited to that trust fund under this
  8  section and the denominator of which is the sum of payments
  9  made under paragraphs (1)(b) and (2)(b) and subsections (3),
10  (4), (5), (6), and (7).
11         Section 2.  Effective July 1, 2001, section 201.15,
12  Florida Statutes, 1998 Supplement, as amended by this act, is
13  amended to read:
14         201.15  Distribution of taxes collected.--All taxes
15  collected under this chapter shall be distributed as follows
16  and shall be subject to the service charge imposed in s.
17  215.20(1), except that such service charge shall not be levied
18  against any portion of taxes pledged to debt service on bonds
19  to the extent that the amount of the service charge is
20  required to pay any amounts relating to the bonds:
21         (1)  Sixty-two and sixty-three hundredths percent of
22  the remaining taxes collected under this chapter shall be used
23  for the following purposes:
24         (a)  Amounts as shall be necessary to pay the debt
25  service on, or fund debt service reserve funds, rebate
26  obligations, or other amounts payable with respect to
27  Preservation 2000 bonds issued pursuant to s. 375.051 and
28  Florida Forever bonds issued pursuant to s. 215.618, shall be
29  paid into the State Treasury to the credit of the Land
30  Acquisition Trust Fund to be used for such purposes. The
31  amount transferred to the Land Acquisition Trust Fund for such
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  1  purposes shall not exceed $300 million in fiscal year
  2  1999-2000 and thereafter for Preservation 2000 bonds and bonds
  3  issued to refund Preservation 2000 bonds, and $300 million in
  4  fiscal year 2000-2001 and thereafter for Florida Forever
  5  bonds. The annual amount transferred to the Land Acquisition
  6  Trust Fund for Florida Forever bonds shall not exceed $30
  7  million in the first fiscal year in which bonds are issued.
  8  The limitation on the amount transferred shall be increased by
  9  an additional $30 million in each subsequent fiscal year in
10  which bonds are authorized to be issued, but shall not exceed
11  a total of $300 million in any fiscal year for all bonds
12  issued. It is the intent of the Legislature that all bonds
13  issued to fund the Florida Forever Act be retired by December
14  31, 2030. Except for bonds issued to refund previously issued
15  bonds, no series of bonds may be issued pursuant to this
16  paragraph unless such bonds are approved and the first year's
17  debt service for such bonds is specifically appropriated in
18  the General Appropriations Act.  For purposes of refunding
19  Preservation 2000 bonds, amounts designated within this
20  section for Preservation 2000 and Florida Forever bonds may be
21  transferred between the two programs to the extent provided
22  for in the documents authorizing the issuance of the bonds.
23  The Preservation 2000 bonds and Florida Forever bonds shall be
24  equally and ratably secured by moneys distributable to the
25  Land Acquisition Trust Fund pursuant to this section, except
26  to the extent specifically provided otherwise by the documents
27  authorizing the issuance of the bonds. No moneys transferred
28  to the Land Acquisition Trust Fund pursuant to this paragraph,
29  or earnings thereon, shall be used or made available to pay
30  debt service on the Save Our Coast revenue bonds.
31
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  1         (b)  The remainder of the moneys distributed under this
  2  subsection, after the required payment under paragraph (a),
  3  shall be paid into the State Treasury to the credit of the
  4  Land Acquisition Trust Fund and may be used for any purpose
  5  for which funds deposited in the Land Acquisition Trust Fund
  6  may lawfully be used. Payments made under this paragraph shall
  7  continue until the cumulative amount credited to the Land
  8  Acquisition Trust Fund for the fiscal year under this
  9  paragraph and paragraph (2)(b) equals 70 percent of the
10  current official forecast for distributions of taxes collected
11  under this chapter pursuant to subsection (2). As used in this
12  paragraph, the term "current official forecast" means the most
13  recent forecast as determined by the Revenue Estimating
14  Conference. If the current official forecast for a fiscal year
15  changes after payments under this paragraph have ended during
16  that fiscal year, no further payments are required under this
17  paragraph during the fiscal year.
18         (c)  The remainder of the moneys distributed under this
19  subsection, after the required payments under paragraph (a),
20  shall be paid into the State Treasury to the credit of the
21  General Revenue Fund of the state to be used and expended for
22  the purposes for which the General Revenue Fund was created
23  and exists by law or to the Ecosystem Management and
24  Restoration Trust Fund as provided in subsection (11) (8).
25         (2)  Seven and fifty-six hundredths percent of the
26  remaining taxes collected under this chapter shall be used for
27  the following purposes:
28         (a)  Beginning in the month following the final payment
29  for a fiscal year under paragraph (1)(b), available moneys
30  shall be paid into the State Treasury to the credit of the
31  General Revenue Fund of the state to be used and expended for
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  1  the purposes for which the General Revenue Fund was created
  2  and exists by law or to the Ecosystem Management and
  3  Restoration Trust Fund as provided in subsection (11) (8).
  4  Payments made under this paragraph shall continue until the
  5  cumulative amount credited to the General Revenue Fund for the
  6  fiscal year under this paragraph equals the cumulative
  7  payments made under paragraph (1)(b) for the same fiscal year.
  8         (b)  The remainder of the moneys distributed under this
  9  subsection shall be paid into the State Treasury to the credit
10  of the Land Acquisition Trust Fund. Sums deposited in the fund
11  pursuant to this subsection may be used for any purpose for
12  which funds deposited in the Land Acquisition Trust Fund may
13  lawfully be used.
14         (3)  One and ninety-four hundredths percent of the
15  remaining taxes collected under this chapter shall be paid
16  into the State Treasury to the credit of the Land Acquisition
17  Trust Fund. Moneys deposited in the trust fund pursuant to
18  this section shall be used for the following purposes:
19         (a)  Sixty percent of the moneys shall be used to
20  acquire coastal lands or to pay debt service on bonds issued
21  to acquire coastal lands; and
22         (b)  Forty percent of the moneys shall be used to
23  develop and manage lands acquired with moneys from the Land
24  Acquisition Trust Fund.
25         (4)  Four and two-tenths Five and eighty-four
26  hundredths percent of the remaining taxes collected under this
27  chapter shall be paid into the State Treasury to the credit of
28  the Water Management Lands Trust Fund. Sums deposited in that
29  fund may be used for any purpose authorized in s. 373.59.
30         (5)  Four and two-tenths Five and eighty-four
31  hundredths percent of the remaining taxes collected under this
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  1  chapter shall be paid into the State Treasury to the credit of
  2  the Conservation and Recreation Lands Trust Fund to carry out
  3  the purposes set forth in s. 259.032. Nine and one-half
  4  percent of the amount credited to the Conservation and
  5  Recreation Lands Trust Fund pursuant to this subsection shall
  6  be transferred to the State Game Trust Fund and used for land
  7  management activities.
  8         (6)  Two and twenty-eight hundredths percent of the
  9  remaining taxes collected under this chapter shall be paid
10  into the State Treasury to the credit of the Aquatic Plant
11  Control Trust Fund to carry out the purposes set forth in ss.
12  369.22 and 369.252. 
13         (7)  One-half of one percent of the remaining taxes
14  collected under this chapter shall be paid into the State
15  Treasury to the credit of the State Game Trust Fund to be used
16  exclusively for the purpose of implementing the Lake
17  Restoration 2020 Program.
18         (8)  One-half of one percent of the remaining taxes
19  collected under this chapter shall be paid into the State
20  Treasury and divided equally to the credit of the Department
21  of Environmental Protection Grants and Donations Trust Fund to
22  address water quality impacts associated with nonagricultural
23  nonpoint sources and to the credit of the Department of
24  Agriculture and Consumer Services General Inspection Trust
25  Fund to address water quality impacts associated with
26  agricultural nonpoint sources, respectively.  These funds
27  shall be used for research, development, demonstration, and
28  implementation of suitable best management practices or other
29  measures used to achieve water quality standards in surface
30  waters and water segments identified pursuant to ss. 303(d) of
31  the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et
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  1  seq.  Implementation of best management practices and other
  2  measures may include cost-share grants, technical assistance,
  3  implementation tracking, and conservation leases or other
  4  agreements for water quality improvement.
  5         (9)(6)  Seven and fifty-three hundredths percent of the
  6  remaining taxes collected under this chapter shall be paid
  7  into the State Treasury to the credit of the State Housing
  8  Trust Fund and shall be used as follows:
  9         (a)  Half of that amount shall be used for the purposes
10  for which the State Housing Trust Fund was created and exists
11  by law.
12         (b)  Half of that amount shall be paid into the State
13  Treasury to the credit of the Local Government Housing Trust
14  Fund and shall be used for the purposes for which the Local
15  Government Housing Trust Fund was created and exists by law.
16         (10)(7)  Eight and sixty-six hundredths percent of the
17  remaining taxes collected under this chapter shall be paid
18  into the State Treasury to the credit of the State Housing
19  Trust Fund and shall be used as follows:
20         (a)  Twelve and one-half percent of that amount shall
21  be deposited into the State Housing Trust Fund and be expended
22  by the Department of Community Affairs and by the Florida
23  Housing Finance Agency for the purposes for which the State
24  Housing Trust Fund was created and exists by law.
25         (b)  Eighty-seven and one-half percent of that amount
26  shall be distributed to the Local Government Housing Trust
27  Fund and shall be used for the purposes for which the Local
28  Government Housing Trust Fund was created and exists by law.
29  Funds from this category may also be used to provide for state
30  and local services to assist the homeless.
31
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  1         (11)(8)  From the moneys specified in paragraphs (1)(c)
  2  and (2)(a) and prior to deposit of any moneys into the General
  3  Revenue Fund, $10 million shall be paid into the State
  4  Treasury to the credit of the Ecosystem Management and
  5  Restoration Trust Fund in fiscal year 1998-1999, $20 million
  6  in fiscal year 1999-2000, and $30 million in fiscal year
  7  2000-2001 and each fiscal year thereafter, to be used for the
  8  preservation and repair of the state's beaches as provided in
  9  ss. 161.091-161.212.
10         (12)(9)  The Department of Revenue may use the payments
11  credited to trust funds pursuant to paragraphs (1)(b) and
12  (2)(b) and subsections (3), (4), (5), (6), and (7), (8), (9),
13  and (10) to pay the costs of the collection and enforcement of
14  the tax levied by this chapter. The percentage of such costs
15  which may be assessed against a trust fund is a ratio, the
16  numerator of which is payments credited to that trust fund
17  under this section and the denominator of which is the sum of
18  payments made under paragraphs (1)(b) and (2)(b) and
19  subsections (3), (4), (5), (6), and (7), (8), (9), and (10).
20         (13)  The distribution of proceeds deposited into the
21  Water Management Lands Trust Fund and the Conservation and
22  Recreation Lands Trust Fund, pursuant to subsections (4) and
23  (5), shall not be used for land acquisition, but may be used
24  for preacquisition costs associated with land purchases.  The
25  Legislature intends that the Florida Forever program supplant
26  the acquisition programs formerly authorized under ss. 259.032
27  and 373.59.  Prior to the 2005 Regular Session of the
28  Legislature, the Acquisition and Restoration Council shall
29  review and make recommendations to the Legislature concerning
30  the need to repeal this provision.  Based on these
31
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  1  recommendations, the Legislature shall review the need to
  2  repeal this provision during the 2005 Regular Session.
  3         (14)  Amounts distributed pursuant to subsections (5),
  4  (6), (7) and (8) are subject to the payment of debt service on
  5  outstanding Conservation and Recreation Lands revenue bonds.
  6         Section 3.  Effective July 1, 2001, subsection (1) of
  7  section 161.05301, Florida Statutes, 1998 Supplement, is
  8  amended to read:
  9         161.05301  Beach erosion control project staffing;
10  coastal construction building codes review.--
11         (1)  There are hereby appropriated to the Department of
12  Environmental Protection six positions and $449,918 for fiscal
13  year 1998-1999 from the Ecosystem Management and Restoration
14  Trust Fund from revenues provided by this act pursuant to s.
15  201.15(11)(8).  These positions and funding are provided to
16  assist local project sponsors, and shall be used to facilitate
17  and promote enhanced beach erosion control project
18  administration.  Such staffing resources shall be directed
19  toward more efficient contract development and oversight,
20  promoting cost-sharing strategies and regional coordination or
21  projects among local governments, providing assistance to
22  local governments to ensure timely permit review, and
23  improving billing review and disbursement processes.
24         Section 4.  Subsection (2) of section 161.085, Florida
25  Statutes, is amended to read:
26         161.085  Rigid coastal armoring structures.--
27         (2)  In order to allow state and federal agencies,
28  political subdivisions of the state, and municipalities to
29  preplan for emergency response for the protection of private
30  structures and public infrastructure, the department, pursuant
31  to s. 161.041 or s. 161.053, may issue permits for the present
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  1  or future installation of rigid coastal armoring structures or
  2  other emergency response measures to protect private
  3  structures, and public infrastructure and private and public
  4  property.
  5         (a)  Permits for present installations may be issued if
  6  it is determined that private structures or public
  7  infrastructure is vulnerable to damage from frequent coastal
  8  storms.
  9         (b)  Permits for future installations of coastal
10  armoring structures may be issued contingent upon the
11  occurrence of specified changes to the coastal system which
12  would leave upland structures vulnerable to damage from
13  frequent coastal storms.  The department may assist agencies,
14  political subdivisions of the state, or municipalities, at
15  their request, in identifying areas within their jurisdictions
16  which may require permits for future installations of rigid
17  coastal armoring structures.
18         (c)  Permits for present installations of coastal
19  armoring may be issued where such installation is between and
20  adjoins at both ends rigid coastal armoring structures,
21  follows a continuous and uniform armoring structure
22  construction line with existing coastal armoring structures,
23  and is no more than 250 feet in length.
24
25  Structures built pursuant to permits granted under this
26  subsection may be ordered removed by the department only if
27  such structures are determined to be unnecessary or to
28  interfere with the installation of a beach restoration
29  project.
30
31
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  1         Section 5.  Effective July 1, 2001, subsection (3) of
  2  section 161.091, Florida Statutes, 1998 Supplement, is amended
  3  to read:
  4         161.091  Beach management; funding; repair and
  5  maintenance strategy.--
  6         (3)  In accordance with the intent expressed in s.
  7  161.088 and the legislative finding that erosion of the
  8  beaches of this state is detrimental to tourism, the state's
  9  major industry, further exposes the state's highly developed
10  coastline to severe storm damage, and threatens beach-related
11  jobs, which, if not stopped, could significantly reduce state
12  sales tax revenues, funds deposited into the State Treasury to
13  the credit of the Ecosystem Management and Restoration Trust
14  Fund, in the annual amounts provided in s. 201.15(11)(8),
15  shall be used, for a period of not less than 15 years, to fund
16  the development, implementation, and administration of the
17  state's beach management plan, as provided in ss.
18  161.091-161.212, prior to the use of such funds deposited
19  pursuant to s. 201.15(11)(8) in that trust fund for any other
20  purpose.
21         Section 6.  Section 215.618, Florida Statutes, is
22  created to read:
23         215.618  Bonds for acquisition and improvement of land,
24  water areas, and related property interests and resources.--
25         (1)  The issuance of Florida Forever bonds, not to
26  exceed $3 billion, to finance or refinance the cost of
27  acquisition and improvement of land, water areas, and related
28  property interests and resources, in urban and rural settings,
29  for the purposes of restoration, conservation, recreation,
30  water resource development, or historical preservation, and
31  for capital improvements to lands and water areas that
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  1  accomplish environmental restoration, enhance public access
  2  and recreational enjoyment, promote long-term management
  3  goals, and facilitate water resource development is hereby
  4  authorized, subject to the provisions of s. 259.105 and
  5  pursuant to s. 11(e), Art. VII of the State Constitution.
  6  Florida Forever bonds may also be issued to refund
  7  Preservation 2000 bonds issued pursuant to s. 375.051.  The
  8  duration of each series of Florida Forever bonds issued may
  9  not exceed 20 annual maturities. Preservation 2000 bonds and
10  Florida Forever bonds shall be equally and ratably secured by
11  moneys distributable to the Land Acquisition Trust Fund
12  pursuant to s. 201.15(1)(a), except to the extent specifically
13  provided otherwise by the documents authorizing the issuance
14  of the bonds.
15         (2)  The state does hereby covenant with the holders of
16  Florida Forever bonds and Preservation 2000 bonds that it will
17  not take any action which will materially and adversely affect
18  the rights of such holders so long as such bonds are
19  outstanding, including, but not limited to, a reduction in the
20  portion of documentary stamp taxes distributable to the Land
21  Acquisition Trust Fund for payment of debt service on
22  Preservation 2000 bonds or Florida Forever bonds.
23         (3)  Bonds issued pursuant to this section shall be
24  payable from taxes distributable to the Land Acquisition Trust
25  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to
26  this section shall not constitute a general obligation of, or
27  a pledge of the full faith and credit of, the state.
28         (4)  The Department of Environmental Protection shall
29  request the Division of Bond Finance of the State Board of
30  Administration to issue the Florida Forever bonds authorized
31
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  1  by this section. The Division of Bond Finance shall issue such
  2  bonds pursuant to the State Bond Act.
  3         (5)  The proceeds from the sale of bonds issued
  4  pursuant to this section, less the costs of issuance, the
  5  costs of funding reserve accounts, and other costs with
  6  respect to the bonds, shall be deposited into the Florida
  7  Forever Trust Fund. The bond proceeds deposited into the
  8  Florida Forever Trust Fund shall be distributed by the
  9  Department of Environmental Protection as provided in s.
10  259.105.
11         (6)  Pursuant to authority granted by s. 11(e), Art.
12  VII of the State Constitution, there is hereby continued and
13  recreated the Land Acquisition Trust Fund which shall be a
14  continuation of the Land Acquisition Trust Fund which exists
15  for purposes of s. 9(a)(1), Art. XII of the State
16  Constitution. The Land Acquisition Trust Fund shall continue
17  beyond the termination of bonding authority provided for in s.
18  9(a)(1), Art. XII of the State Constitution, pursuant to the
19  authority provided by s. 11(e), Art. VII of the State
20  Constitution and shall continue for so long as Preservation
21  2000 bonds or Florida Forever bonds are outstanding and
22  secured by taxes distributable thereto.
23         (7)  There shall be no sale, disposition, lease,
24  easement, license, or other use of any land, water areas, or
25  related property interests acquired or improved with proceeds
26  of Florida Forever bonds which would cause all or any portion
27  of the interest of such bonds to lose the exclusion from gross
28  income for federal income tax purposes.
29         (8)  The initial series of Florida Forever bonds shall
30  be validated in addition to any other bonds required to be
31  validated pursuant to s. 215.82. Any complaint for validation
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  1  of bonds issued pursuant to this section shall be filed only
  2  in the circuit court of the county where the seat of state
  3  government is situated, the notice required to be published by
  4  s. 75.06 shall be published only in the county where the
  5  complaint is filed, and the complaint and order of the circuit
  6  court shall be served only on the state attorney of the
  7  circuit in which the action is pending.
  8         Section 7.  Section 216.331, Florida Statutes, is
  9  amended to read:
10         216.331  Disbursement of state moneys.--Except as
11  provided in s. 17.076, s. 253.025(14), s. 259.041(18)(17), s.
12  717.124(5), s. 732.107(6), or s. 733.816(5), all moneys in the
13  State Treasury shall be disbursed by state warrant, drawn by
14  the Comptroller upon the State Treasury and payable to the
15  ultimate beneficiary. This authorization shall include
16  electronic disbursement.
17         Section 8.  Subsection (4) and paragraph (a) of
18  subsection (5) of section 253.027, Florida Statutes, are
19  amended to read:
20         253.027  Emergency archaeological property
21  acquisition.--
22         (4)  EMERGENCY ARCHAEOLOGICAL ACQUISITION.--The sum of
23  $2 million shall be reserved annually segregated in an account
24  within the Florida Forever Conservation and Recreation Lands
25  Trust Fund for the purpose of emergency archaeological
26  acquisition for fiscal year 1988-1989, and each year
27  thereafter. Any portion of that amount the account not spent
28  or obligated by the end of the third quarter of the fiscal
29  year may be used for approved acquisitions pursuant to s.
30  259.105(3)(b) spent for other purposes specified in s.
31
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  1  259.032, upon approval of the Board of Trustees of the
  2  Internal Improvement Trust Fund.
  3         (5)  ACCOUNT EXPENDITURES.--
  4         (a)  No moneys shall be spent for the acquisition of
  5  any property, including title works, appraisal fees, and
  6  survey costs, unless:
  7         1.  The property is an archaeological property of major
  8  statewide significance.
  9         2.  The structures, artifacts, or relics, or their
10  historic significance, will be irretrievably lost if the state
11  cannot acquire the property.
12         3.  The site is presently on an acquisition list for
13  the Conservation and Recreation Lands or for Florida Forever
14  lands, acquisition list or complies with the criteria for
15  inclusion on any such the list but has yet to be included on
16  the list.
17         4.  No other source of immediate funding is available
18  to purchase or otherwise protect the property.
19         5.  The site is not otherwise protected by local,
20  state, or federal laws.
21         6.  The acquisition is not inconsistent with the state
22  comprehensive plan and the state land acquisition program.
23         Section 9.  Paragraph (c) of subsection (7) of section
24  253.03, Florida Statutes, 1998 Supplement, is amended and
25  paragraph (d) is added to said section to read:
26         253.03  Board of trustees to administer state lands;
27  lands enumerated.--
28         (7)
29         (c)  Structures which are listed in or are eligible for
30  the National Register of Historic Places or the State
31  Inventory of Historic Places which are over the waters of the
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  1  State of Florida and which have a submerged land lease, or
  2  have been grandfathered-in to use sovereignty submerged lands
  3  until January 1, 1998, pursuant to chapter 18-21.00405,
  4  Florida Administrative Code, shall have the right to continue
  5  such submerged land leases shall be allowed to apply for an
  6  extension of such lease, regardless of the fact that the
  7  present landholder is not an adjacent riparian landowner, so
  8  long as the lessee maintains the structure in a good state of
  9  repair consistent with the guidelines for listing.  If the
10  structure is damaged or destroyed, the lessee shall be allowed
11  to reconstruct, so long as the reconstruction is consistent
12  with the integrity of the listed structure and does not
13  increase the footprint of the structure.  If a structure so
14  listed falls into disrepair and the lessee is not willing to
15  repair and maintain it consistent with its listing, the state
16  may cancel the submerged lease and either repair and maintain
17  the property or require that the structure be removed from
18  sovereignty submerged lands.
19         (d)  By January 1, 2000, the owners of habitable
20  structures built on or before January 1, 1998, located in
21  conservation areas 2 or 3, on district or state-owned lands,
22  the existence or use which will not impede the restoration of
23  the Everglades, whether pursuant to a submerged lease or not,
24  must provide written notification to the South Florida Water
25  Management District of their existence and location, including
26  an identification of the footprint of the structure.  This
27  notification will grant the leaseholders an automatic 20 year
28  lease at a reasonable fee established by the district, or the
29  Department of Environmental Protection, as appropriate, to
30  expire on January 1, 2020.  Where the structures are located
31  on state-owned lands, the South Florida Water Management
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  1  District shall submit this notification to the Department of
  2  Environmental Protection on the owner's behalf.  At the
  3  expiration of this 20 year lease, the South Florida Water
  4  Management District or the Department of Environmental
  5  Protection, as appropriate, shall have the right to require
  6  that the leaseholder remove the structure if the district
  7  determines that the structures or their use are causing harm
  8  to the water or land resources of the district, or to renew
  9  the lease agreement.  The structure of any owner who does not
10  provide notification to the South Florida Water Management
11  District as required under this subsection, shall be
12  considered illegal and subject to immediate removal.  Any
13  structure built in any water conservation area after May 1,
14  1999, without necessary permits from the South Florida Water
15  Management District, or the Department of Environmental
16  Protection, as appropriate, shall be considered illegal and
17  subject to removal.
18         Section 10.  Subsections (3), (4), (5), (6), and (8) of
19  section 253.034, Florida Statutes, 1998 Supplement, are
20  amended, and subsections (10), (11), and (12) are added to
21  said section, to read:
22         253.034  State-owned lands; uses.--
23         (3)  In recognition that recreational trails purchased
24  with rails-to-trails funds pursuant to s. 259.101(3)(g) or s.
25  259.105(3)(g) have had historic transportation uses and that
26  their linear character may extend many miles, the Legislature
27  intends that when the necessity arises to serve public needs,
28  after balancing the need to protect trail users from
29  collisions with automobiles and a preference for the use of
30  overpasses and underpasses to the greatest extent feasible and
31  practical, transportation uses shall be allowed to cross
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  1  recreational trails purchased pursuant to s. 259.101(3)(g) or
  2  s. 259.105(3)(g). When these crossings are needed, the
  3  location and design should consider and mitigate the impact on
  4  humans and environmental resources, and the value of the land
  5  shall be paid based on fair market value.
  6         (4)  No management agreement, lease, or other
  7  instrument authorizing the use of lands owned by the Board of
  8  Trustees of the Internal Improvement Trust Fund shall be
  9  executed for a period greater than is necessary to provide for
10  the reasonable use of the land for the existing or planned
11  life cycle or amortization of the improvements, except that an
12  easement in perpetuity may be granted by the Board of Trustees
13  of the Internal Improvement Trust Fund if the improvement is a
14  transportation facility. An agency managing or leasing
15  state-owned lands from the Board of Trustees of the Internal
16  Improvement Trust Fund may not sublease such lands without
17  prior review by the division and by the Land Acquisition and
18  Management Advisory Council created in s. 259.035 or its
19  successor and approval by the board. The Land Acquisition and
20  Management Advisory Council is not required to review
21  subleases of parcels which are less than 160 acres in size.
22         (5)  Each state agency managing lands owned by the
23  Board of Trustees of the Internal Improvement Trust Fund shall
24  submit to the Division of State Lands a land management plan
25  at least every 5 years in a form and manner prescribed by rule
26  by the board.  All management plans, whether for single-use or
27  multiple-use properties, shall specifically describe how the
28  managing agency plans to identify, locate, protect and
29  preserve, or otherwise use fragile nonrenewable resources,
30  such as archaeological and historic sites, as well as other
31  fragile resources, including endangered plant and animal
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  1  species, and provide for the conservation of soil and water
  2  resources and for the control and prevention of soil erosion.
  3  Land management plans submitted by an agency shall include
  4  reference to appropriate statutory authority for such use or
  5  uses and shall conform to the appropriate policies and
  6  guidelines of the state land management plan. All land
  7  management plans for parcels larger than 1,000 acres shall
  8  contain an analysis of the multiple-use potential of the
  9  parcel, which analysis shall include the potential of the
10  parcel to generate revenues to enhance the management of the
11  parcel.  Additionally, the land management plan shall contain
12  an analysis of the potential use of private land managers to
13  facilitate the restoration or management of these lands.  In
14  those cases where a newly acquired property has a valid
15  conservation plan, the plan shall be used to guide management
16  of the property until a formal land management plan is
17  completed.
18         (a)  The Division of State Lands shall make available
19  to the public a copy of each land management plan for parcels
20  which exceed 160 acres in size. The council or its successor
21  shall review each plan for compliance with the requirements of
22  this subsection and with the requirements of the rules
23  established by the board pursuant to this subsection.  The
24  council or its successor shall also consider the propriety of
25  the recommendations of the managing agency with regard to the
26  future use of the property, the protection of fragile or
27  nonrenewable resources, the potential for alternative or
28  multiple uses not recognized by the managing agency, and the
29  possibility of disposal of the property by the board. After
30  its review, the council or its successor shall submit the
31  plan, along with its recommendations and comments, to the
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  1  board. The council or its successor shall specifically
  2  recommend to the board whether to approve the plan as
  3  submitted, approve the plan with modifications, or reject the
  4  plan.
  5         (b)  The Board of Trustees of the Internal Improvement
  6  Trust Fund shall consider the land management plan submitted
  7  by each state agency and the recommendations of the council or
  8  its successor and the Division of State Lands and shall
  9  approve the plan with or without modification or reject such
10  plan.  The use or possession of any such lands which is not in
11  accordance with an approved land management plan is subject to
12  termination by the board.
13         (6)  The Board of Trustees of the Internal Improvement
14  Trust Fund shall determine which lands, the title to which is
15  vested in the board, may be surplused are of no benefit to the
16  public and shall dispose of such lands pursuant to law.
17  Notwithstanding s. 253.111, for those lands designated as
18  acquired for conservation purposes, the board shall make a
19  determination that the lands are no longer needed for
20  conservation purposes and may dispose of them by a two-thirds
21  vote.  For all other lands, the board shall make a
22  determination that the lands are no longer needed and may
23  dispose of them by majority vote.
24         (a)  For the purposes of this subsection, all lands
25  acquired by the state prior to July 1, 1999, using proceeds
26  from the Preservation 2000 bonds, the Conservation and
27  Recreation Lands Trust Fund, the Water Management Lands Trust
28  Fund, Environmentally Endangered Lands Program, and the Save
29  Our Coast Program and titled to the board, which lands are
30  identified as core parcels or within original project
31
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  1  boundaries, shall be deemed to have been acquired for
  2  conservation purposes.
  3         (b)  For any lands purchased by the state on or after
  4  July 1, 1999, a determination shall be made by the board prior
  5  to acquisition as to those parcels that shall be designated as
  6  having been acquired for conservation purposes.  No lands
  7  acquired for use by the Department of Corrections, the
  8  Department of Management Services for use as state offices,
  9  the Department of Transportation, except those specifically
10  managed for conservation or recreation purposes or the State
11  University System or state community college system shall be
12  designated as having been purchased for conservation purposes.
13         (c)(a)  At least every 3 5 years, in a form and manner
14  prescribed by rule by the board, each state agency shall
15  indicate to the board those lands which the agency manages
16  which are not being used for the purpose for which they were
17  originally leased. Such lands shall be reviewed by the council
18  or its successor for its recommendation as to whether such
19  lands should be disposed of by the board.
20         (d)(b)  Lands owned by the board which are not actively
21  managed by any state agency or for which a land management
22  plan has not been completed pursuant to subsection (5) (4)
23  shall be reviewed by the council or its successor for its
24  recommendation as to whether such lands should be disposed of
25  by the board.
26         (e)  Prior to any decision by the board to surplus
27  lands, the Acquisition and Restoration Council shall review
28  and make recommendations to the board concerning the request
29  for surplusing. The council shall determine whether the
30  request for surplusing is compatible with the resource values
31  of and management objectives for such lands.
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  1         (f)(c)  In reviewing lands owned by the board pursuant
  2  to paragraphs (a) and (b), the council or its successor shall
  3  consider whether such lands would be more appropriately owned
  4  or managed by the county or other unit of local government in
  5  which the land is located.  The council or its successor shall
  6  recommend to the board whether a sale, lease, or other
  7  conveyance to a local government would be in the best
  8  interests of the state and local government. The provisions of
  9  this paragraph in no way limit the provisions of ss. 253.111
10  and 253.115. Such lands shall be offered to the county or
11  local government for a period of 90 days. Permittable uses for
12  such surplus lands may include public schools, public
13  libraries, fire or law enforcement substations, and
14  governmental, judicial, or recreational centers.  County or
15  local government requests for surplus lands shall be expedited
16  throughout the surplusing process.  State agencies shall have
17  the subsequent opportunity to acquire the surplus lands for a
18  period not to exceed 30 days after the offer to a county or
19  local government expires. Surplus properties in which
20  governmental agencies have expressed no interest shall then be
21  available for sale on the private market.
22         (g)  Lands determined to be surplus pursuant to this
23  subsection shall be sold for fair market value or the price
24  paid by the state or a water management district to originally
25  acquire the lands, whichever is greater, except that the price
26  of lands sold as surplus to any unit of government shall not
27  exceed the price paid by the state or a water management
28  district to originally acquire the lands. A unit of government
29  which acquires title to lands hereunder for less than fair
30  market value may not sell or transfer title to all or any
31  portion of the lands to any private owner for a period of 10
                                  31
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  1  years. Any unit of government seeking to transfer or sell
  2  lands pursuant to this paragraph shall first allow the board
  3  of trustees to reacquire such lands.  The board of trustees
  4  may reacquire such lands for the price at which they sold such
  5  lands.
  6         (h)(d)  After reviewing the recommendations of the
  7  council or its successor, the board shall determine whether
  8  lands identified for surplus in paragraphs (a) and (b) are to
  9  be held for other public purposes or whether such lands are no
10  longer needed of no benefit to the public.  The board may
11  require an agency to release its interest in such lands.
12  Lands determined to be of no benefit to the public shall be
13  disposed of pursuant to law.  Each fiscal year, up to $500,000
14  of the proceeds from the disposal of such lands shall be
15  placed in the Internal Improvement Trust Fund to be used to
16  pay the costs of any administration, appraisal, management,
17  conservation, protection, sales, or real estate sales
18  services; any such proceeds in excess of $500,000 shall be
19  placed in the Conservation and Recreation Lands Trust Fund.
20         (i)  Requests for surplusing may be made by any public
21  or private entity or person.  All requests shall be submitted
22  to the lead managing agency for review and recommendation to
23  the council or its successor.  Lead managing agencies shall
24  have 90 days to review such requests and make recommendations.
25  Any surplusing requests that have not been acted upon within
26  the 90-day time period shall be immediately scheduled for
27  hearing at the next regularly scheduled meeting of the council
28  or its successor. Requests for surplusing pursuant to this
29  paragraph shall not be required to be offered to local or
30  state governments as provided in paragraph (f).
31
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  1         (j)  Proceeds from any sale of surplus lands pursuant
  2  to this subsection shall be deposited into the fund from which
  3  such lands were acquired. However, if the fund from which the
  4  lands were originally acquired no longer exists, such proceeds
  5  shall be deposited into an appropriate account for use by the
  6  lead managing agency for land management.
  7         (k)  Notwithstanding the provisions of this subsection,
  8  no such disposition of land shall be made if such disposition
  9  would have the effect of causing all or any portion of the
10  interest on any revenue bonds issued to lose the exclusion
11  from gross income for federal income tax purposes.
12         (l)(e)  The sale of filled, formerly submerged land
13  that does not exceed 5 acres in area is not subject to review
14  by the council or its successor.
15         (8)  Land management plans required to be submitted by
16  the Department of Corrections or the Department of Education
17  shall not be subject to the council review provisions for
18  review by the council or its successor described in subsection
19  (5).  Management plans filed by these agencies shall be made
20  available to the public for a period of 90 days at the
21  administrative offices of the parcel or project affected by
22  the management plan and at the Tallahassee offices of each
23  agency. Any plans not objected to during the public comment
24  period shall be deemed approved.  Any plans for which an
25  objection is filed shall be submitted to the Board of Trustees
26  of the Internal Improvement Trust Fund for consideration. The
27  Board of Trustees of the Internal Improvement Trust Fund shall
28  approve the plan with or without modification, or reject the
29  plan.  The use or possession of any such lands which is not in
30  accordance with an approved land management plan is subject to
31  termination by the board.
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  1         (10)  The following additional uses of lands acquired
  2  pursuant to the Florida Forever program and other state-funded
  3  land purchase programs shall be authorized, upon a finding by
  4  the board of trustees, if they meet the criteria specified in
  5  paragraphs (a)-(e): water resource development projects, water
  6  supply development projects, stormwater management projects,
  7  linear facilities, and sustainable agriculture and forestry.
  8  Such additional uses are authorized where:
  9         (a)  Not inconsistent with the management plan for such
10  lands;
11         (b)  Compatible with the natural ecosystem and resource
12  values of such lands;
13         (c)  The proposed use is appropriately located on such
14  lands and where due consideration is given to the use of other
15  available lands;
16         (d)  The using entity reasonably compensates the
17  titleholder for such use based upon an appropriate measure of
18  value; and
19         (e)  The use is consistent with the public interest.
20
21  A decision by the board of trustees pursuant to this
22  subsection shall be given a presumption of correctness.
23  Moneys received from the use of state lands pursuant to this
24  subsection shall be returned to the lead managing agency in
25  accordance with the provisions of s. 259.032(11)(d).
26         (11)  Lands listed as projects for acquisition may be
27  managed for conservation pursuant to s. 259.032, on an interim
28  basis by a private party in anticipation of a state purchase
29  in accordance with a contractual arrangement between the
30  acquiring agency and the private party that may include
31  management service contracts, leases, cost share arrangements
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  1  or resource conservation agreements.  Lands designated as
  2  eligible under this subsection shall be managed to maintain or
  3  enhance the resources the state is seeking to protect by
  4  acquiring the land.  Funding for these contractual
  5  arrangements may originate from the documentary stamp tax
  6  revenue deposited into the Conservation and Recreation Lands
  7  Trust Fund and Water Management Lands Trust Fund.  No more
  8  than five percent of funds allocated under the trust funds
  9  shall be expended for this purpose.
10         (12)  Any lands available to governmental employees,
11  including water management district employees, for hunting or
12  other recreational purposes shall also be made available to
13  the general public for such purposes.
14         Section 11.  Paragraph (a) of subsection (4) of section
15  253.7825, Florida Statutes is amended to read:
16         253.7825  Recreational uses.--
17         (4)(a)  A horse park-agricultural center may be
18  constructed by or on behalf of the Florida Department of
19  Agriculture and Consumer Services on not more than 500 250
20  acres of former canal lands which meet the criteria for
21  surplus lands and which lie outside the greenways boundary.
22         Section 12.  Section 259.03, Florida Statutes, is
23  amended to read:
24         259.03  Definitions.--The following terms and phrases
25  when used in this chapter ss. 259.01-259.06 shall have the
26  meaning ascribed to them in this section, except where the
27  context clearly indicates a different meaning:
28         (1)  "Council" means that council established pursuant
29  to s. 259.035.
30         (2)  "State capital projects for environmentally
31  endangered lands" means a state capital project, as required
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  1  by s. 11(a), Art. VII of the State Constitution, which shall
  2  have as its purpose the conservation and protection of
  3  environmentally unique and irreplaceable lands as valued
  4  ecological resources of this state.
  5         (3)  "State capital project for outdoor recreation
  6  lands" means a state capital project, as required by s. 11(a),
  7  Art. VII of the State Constitution, which shall be for the
  8  purposes set out in chapter 375.
  9         (2)(4)  "Board" means the Governor and Cabinet, as the
10  Board of Trustees of the Internal Improvement Trust Fund.
11         (3)  "Capital improvement" means those activities
12  relating to the acquisition, restoration, public access, and
13  recreational uses of such lands, water areas, and related
14  resources deemed necessary to accomplish the purposes of this
15  chapter. Eligible activities include, but are not limited to:
16  the initial removal of invasive plants; the construction,
17  improvement, enlargement or extension of facilities' signs,
18  firelanes, access roads, and trails; or any other activities
19  that serve to restore, conserve, protect, or provide public
20  access, recreational opportunities, or necessary services for
21  land or water areas. Such activities shall be identified prior
22  to the acquisition of a parcel or the approval of a project.
23  The continued expenditures necessary for a capital improvement
24  approved under this subsection shall not be eligible for
25  funding provided in this chapter.
26         (4)  "Department" means the Department of Environmental
27  Protection.
28         (5)  "Division" means the Division of Bond Finance of
29  the State Board of Administration.
30         (6)  "Water resource development project" means a
31  project eligible for funding pursuant to s. 259.105 that
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  1  increases the amount of water available to meet the needs of
  2  natural systems and the citizens of the state by enhancing or
  3  restoring aquifer recharge, facilitating the capture and
  4  storage of excess flows in surface waters, or promoting reuse.
  5  The implementation of eligible projects under s. 259.105
  6  includes land acquisition, land and water body restoration,
  7  aquifer storage and recovery facilities, surface water
  8  reservoirs, and other capital improvements.  The term does not
  9  include construction of treatment, transmission, or
10  distribution facilities.
11         Section 13.  Subsections (1), (2), (3), (7), (8), (9),
12  (10), (11), (12), and (16) of section 259.032, Florida
13  Statutes, is amended to read:
14         259.032  Conservation and Recreation Lands Trust Fund;
15  purpose.--
16         (1)  It is the policy of the state that the citizens of
17  this state shall be assured public ownership of natural areas
18  for purposes of maintaining this state's unique natural
19  resources; protecting air, land, and water quality; promoting
20  water resource development to meet the needs of natural
21  systems and citizens of this state; promoting restoration
22  activities on public lands; and providing lands for natural
23  resource based recreation. In recognition of this policy, it
24  is the intent of the Legislature to provide such public lands
25  for the people residing in urban and metropolitan areas of the
26  state, as well as those residing in less populated, rural
27  areas.; It is the further intent of the Legislature, with
28  regard to the lands described in paragraph (3)(c), that a high
29  priority be given to the acquisition of such lands in or near
30  counties exhibiting the greatest concentration of population
31  and, with regard to the lands described in subsection (3),
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  1  that a high priority be given to acquiring lands or rights or
  2  interests in lands within any area designated as an area of
  3  critical state concern under s. 380.05 which, in the judgment
  4  of the advisory council established pursuant to s. 259.035, or
  5  its successor, cannot be adequately protected by application
  6  of land development regulations adopted pursuant to s. 380.05.
  7  Finally, it is the Legislature's intent that lands acquired
  8  through this program and any successor programs be managed in
  9  such a way as to protect or restore their natural resource
10  values, and provide the greatest benefit, including public
11  access, to the citizens of this state.
12         (2)(a)  The Conservation and Recreation Lands Trust
13  Fund is established within the Department of Environmental
14  Protection. The fund shall be used as a nonlapsing, revolving
15  fund exclusively for the purposes of this section. The fund
16  shall be credited with proceeds from the following excise
17  taxes:
18         1.  The excise taxes on documents as provided in s.
19  201.15; and
20         2.  The excise tax on the severance of phosphate rock
21  as provided in s. 211.3103.
22
23  The Department of Revenue shall credit to the fund each month
24  the proceeds from such taxes as provided in this paragraph.
25         (b)  There shall annually be transferred from the
26  Conservation and Recreation Lands Trust Fund to the Land
27  Acquisition Trust Fund that amount, not to exceed $20 million
28  annually, as shall be necessary to pay the debt service on, or
29  fund debt service reserve funds, rebate obligations, or other
30  amounts with respect to bonds issued pursuant to s. 375.051 to
31  acquire lands on the established priority list developed
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  1  pursuant to this section as determined by the advisory council
  2  pursuant to s. 259.035; however, no moneys transferred to the
  3  Land Acquisition Trust Fund pursuant to this paragraph, or
  4  earnings thereon, shall be used or made available to pay debt
  5  service on the Save Our Coast revenue bonds. Amounts
  6  transferred annually from the Conservation and Recreation
  7  Lands Trust Fund to the Land Acquisition Trust Fund pursuant
  8  to this paragraph shall have the highest priority over other
  9  payments or transfers from the Conservation and Recreation
10  Lands Trust Fund, and no other payments or transfers shall be
11  made from the Conservation and Recreation Lands Trust Fund
12  until such transfers to the Land Acquisition Trust Fund have
13  been made. Effective July 1, 2001, moneys in the Conservation
14  and Recreation Lands Trust Fund also shall be used to manage
15  lands and to pay for related costs, activities, and functions
16  pursuant to the provisions of this section.
17         (3)  The Governor and Cabinet, sitting as the Board of
18  Trustees of the Internal Improvement Trust Fund, may allocate
19  moneys from the fund in any one year to acquire the fee or any
20  lesser interest in lands for the following public purposes:
21         (a)  To conserve and protect environmentally unique and
22  irreplaceable lands that contain native, relatively unaltered
23  flora and fauna representing a natural area unique to, or
24  scarce within, a region of this state or a larger geographic
25  area;
26         (b)  To conserve and protect lands within designated
27  areas of critical state concern, if the proposed acquisition
28  relates to the natural resource protection purposes of the
29  designation;
30         (c)  To conserve and protect native species habitat or
31  endangered or threatened species, emphasizing long-term
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  1  protection for endangered or threatened species designated G-1
  2  or G-2 by the Florida Natural Areas Inventory, and especially
  3  those areas that are special locations for breeding and
  4  reproduction;
  5         (d)  To conserve, protect, manage, or restore important
  6  ecosystems, landscapes, and forests, if the protection and
  7  conservation of such lands is necessary to enhance or protect
  8  significant surface water, groundwater, coastal, recreational,
  9  timber, or fish or wildlife resources which cannot otherwise
10  be accomplished through local and state regulatory programs;
11         (e)  To promote water resource development that
12  benefits natural systems and citizens of the state;
13         (f)  To facilitate the restoration and subsequent
14  health and vitality of the Florida Everglades;
15         (g)(e)  To provide areas, including recreational
16  trails, for natural resource based recreation and other
17  outdoor recreation on any part of any site compatible with
18  conservation purposes;
19         (h)(f)  To preserve significant archaeological or
20  historic sites; or
21         (i)(g)  To conserve urban open spaces suitable for
22  greenways or outdoor recreation which are compatible with
23  conservation purposes.
24         (7)  The board of trustees may enter into any contract
25  necessary to accomplish the purposes of this section. The lead
26  land managing agencies designated by the board of trustees
27  also are directed by the Legislature to enter into contracts
28  or interagency agreements with other governmental entities,
29  including local soil and water conservation districts, or
30  private land managers who have the expertise to perform
31  specific management activities which a lead agency lacks, or
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  1  which would cost more to provide in-house.  Such activities
  2  shall include, but not be limited to, controlled burning, road
  3  and ditch maintenance, mowing, and wildlife assessments.
  4         (8)  Lands to be considered for purchase under this
  5  section are subject to the selection procedures of s. 259.035
  6  and related rules and shall be acquired in accordance with
  7  acquisition procedures for state lands provided for in s.
  8  259.041, except as otherwise provided by the Legislature. An
  9  inholding or an addition to a project selected for purchase
10  pursuant to this chapter or s. 259.035 is not subject to the
11  selection procedures of s. 259.035 if the estimated value of
12  such inholding or addition does not exceed $500,000. When at
13  least 90 percent of the acreage of a project has been
14  purchased pursuant to this chapter or s. 259.035, the project
15  may be removed from the list and the remaining acreage may
16  continue to be purchased. Moneys from the fund may be used for
17  title work, appraisal fees, environmental audits, and survey
18  costs related to acquisition expenses for lands to be
19  acquired, donated, or exchanged which qualify under the
20  categories of this section, at the discretion of the board.
21  When the Legislature has authorized the Department of
22  Environmental Protection to condemn a specific parcel of land
23  and such parcel has already been approved for acquisition
24  under this section, the land may be acquired in accordance
25  with the provisions of chapter 73 or chapter 74, and the fund
26  may be used to pay the condemnation award and all costs,
27  including a reasonable attorney's fee, associated with
28  condemnation.
29         (9)(a)  All lands managed under this chapter and s.
30  253.034 section shall be:
31
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  1         (a)1.  Managed in a manner that will provide the
  2  greatest combination of benefits to the public and to the
  3  resources.
  4         (b)2.  Managed for public outdoor recreation which is
  5  compatible with the conservation and protection of public
  6  lands. Such management may include, but not be limited to, the
  7  following public recreational uses:  fishing, hunting,
  8  camping, bicycling, hiking, nature study, swimming, boating,
  9  canoeing, horseback riding, diving, model hobbyist activities,
10  birding, sailing, jogging, and other related outdoor
11  activities compatible with the purposes for which the lands
12  were acquired.
13         (c)3.  Managed for the purposes for which the lands
14  were acquired, consistent with paragraph (11)(a).
15
16  Management may include the following public uses: fishing,
17  hunting, camping, bicycling, hiking, nature study, swimming,
18  boating, canoeing, horseback riding, diving, birding, sailing,
19  jogging, and other related outdoor activities.
20         (d)(b)1.  Concurrent with its adoption of the annual
21  Conservation and Recreation Recreational Lands list of
22  acquisition projects pursuant to s. 259.035, the board of
23  trustees shall adopt a management prospectus for each project.
24  The management prospectus shall delineate:
25         1.  The management goals for the property;
26         2.  The conditions that will affect the intensity of
27  management;
28         3.  An estimate of the revenue-generating potential of
29  the property, if appropriate;
30
31
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  1         4.  A timetable for implementing the various stages of
  2  management and for providing access to the public, if
  3  applicable;
  4         5.  A description of potential multiple-use activities
  5  as described in this section and s. 253.034;
  6         6.  Provisions for protecting existing infrastructure
  7  and for ensuring the security of the project upon acquisition;
  8         7.  The anticipated costs of management and projected
  9  sources of revenue, including legislative appropriations, to
10  fund management needs; and
11         8.  Recommendations as to how many employees will be
12  needed to manage the property,; and recommendations as to
13  whether local governments, volunteer groups, the former
14  landowner, or other interested parties can be involved in the
15  management.
16         (e)2.  Concurrent with the approval of the acquisition
17  contract pursuant to s. 259.041(3)(c) for any interest in
18  lands, the board of trustees shall designate an agency or
19  agencies to manage such lands and shall evaluate and amend, as
20  appropriate, the management policy statement for the project
21  as provided by s. 259.035, consistent with the purposes for
22  which the lands are acquired. For any fee simple acquisition
23  of a parcel which is or will be leased back for agricultural
24  purposes, or any acquisition of a less-than-fee interest in
25  land that is or will be used for agricultural purposes, the
26  Board of Trustees of the Internal Improvement Trust Fund shall
27  first consider having a soil and water conservation district,
28  created pursuant to chapter 582, manage and monitor such
29  interests.
30         (f)3.  State agencies designated to manage lands
31  acquired under this chapter may contract with local
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  1  governments and soil and water conservation districts to
  2  assist in management activities, including the responsibility
  3  of being the lead land manager.  Such land management
  4  contracts may include a provision for the transfer of
  5  management funding to the local government or soil and water
  6  conservation district from the Conservation and Recreation
  7  Lands Trust Fund in an amount adequate for the local
  8  government or soil and water conservation district to perform
  9  its contractual land management responsibilities and
10  proportionate to its responsibilities, and which otherwise
11  would have been expended by the state agency to manage the
12  property.
13         (g)4.  Immediately following the acquisition of any
14  interest in lands under this chapter, the Department of
15  Environmental Protection, acting on behalf of the board of
16  trustees, may issue to the lead managing entity an interim
17  assignment letter to be effective until the execution of a
18  formal lease.
19         (10)(a)  State, regional, or local governmental
20  agencies or private entities designated to manage lands under
21  this section shall develop and adopt, with the approval of the
22  board of trustees, an individual management plan for each
23  project designed to conserve and protect such lands and their
24  associated natural resources. Private sector involvement in
25  management plan development may be used to expedite the
26  planning process.
27         (b)  Beginning fiscal year 1998-1999, Individual
28  management plans required by s. 253.034(5)(4), for parcels
29  over 160 acres, shall be developed with input from an advisory
30  group.  Members of this advisory group shall include, at a
31  minimum, representatives of the lead land managing agency,
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  1  comanaging entities, local private property owners, the
  2  appropriate soil and water conservation district, a local
  3  conservation organization, and a local elected official.  The
  4  advisory group shall conduct at least one public hearing
  5  within the county in which the parcel or project is located.
  6  For those parcels or projects that are within more than one
  7  county, at least one areawide public hearing shall be
  8  acceptable and the lead managing agency shall invite a local
  9  elected official from each county. The areawide public hearing
10  shall be held in the county in which the core parcels are
11  located. Notice of such public hearing shall be posted on the
12  parcel or project designated for management, advertised in a
13  paper of general circulation, and announced at a scheduled
14  meeting of the local governing body before the actual public
15  hearing.  The management prospectus required pursuant to
16  paragraph (9)(d)(b) shall be available to the public for a
17  period of 30 days prior to the public hearing.
18         (c)  Once a plan is adopted, the managing agency or
19  entity shall update the plan at least every 5 years in a form
20  and manner prescribed by rule of the board of trustees. Such
21  updates, for parcels over 160 acres, shall be developed with
22  input from an advisory group. Such plans may include transfers
23  of leasehold interests to appropriate conservation
24  organizations or governmental entities designated by the Land
25  Acquisition and Management Advisory Council or its successor,
26  for uses consistent with the purposes of the organizations and
27  the protection, preservation, conservation, restoration, and
28  proper management of the lands and their resources. Volunteer
29  management assistance is encouraged, including, but not
30  limited to, assistance by youths participating in programs
31  sponsored by state or local agencies, by volunteers sponsored
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  1  by environmental or civic organizations, and by individuals
  2  participating in programs for committed delinquents and
  3  adults.
  4         (d)  For each project for which lands are acquired
  5  after July 1, 1995, an individual management plan shall be
  6  adopted and in place no later than 1 year after the essential
  7  parcel or parcels identified in the annual Conservation and
  8  Recreation Lands report prepared pursuant to s. 259.035(2)(a)
  9  have been acquired. Beginning in fiscal year 1998-1999, the
10  Department of Environmental Protection shall distribute only
11  75 percent of the acquisition funds to which a budget entity
12  or water management district would otherwise be entitled from
13  the Preservation 2000 Trust Fund to any budget entity or any
14  water management district that has more than one-third of its
15  management plans overdue.
16         (e)(a)  Individual management plans shall conform to
17  the appropriate policies and guidelines of the state land
18  management plan and shall include, but not be limited to:
19         1.  A statement of the purpose for which the lands were
20  acquired, the projected use or uses as defined in s. 253.034,
21  and the statutory authority for such use or uses.
22         2.  Key management activities necessary to preserve and
23  protect natural resources and restore habitat, and for
24  controlling the spread of nonnative plants and animals, and
25  for prescribed fire and other appropriate resource management
26  activities.
27         3.  A specific description of how the managing agency
28  plans to identify, locate, protect, and preserve, or otherwise
29  use fragile, nonrenewable natural and cultural resources.
30
31
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  1         4.  A priority schedule for conducting management
  2  activities, based on the purposes for which the lands were
  3  acquired.
  4         5.  A cost estimate for conducting priority management
  5  activities, to include recommendations for cost-effective
  6  methods of accomplishing those activities.
  7         6.  A cost estimate for conducting other management
  8  activities which would enhance the natural resource value or
  9  public recreation value for which the lands were acquired. The
10  cost estimate shall include recommendations for cost-effective
11  methods of accomplishing those activities.
12         7.  A determination of the public uses and public
13  access that would be consistent with the purposes for which
14  the lands were acquired.
15         (f)(b)  The Division of State Lands shall submit a copy
16  of each individual management plan for parcels which exceed
17  160 acres in size to each member of the Land Acquisition and
18  Management Advisory Council or its successor, which shall:.
19         1.  The council shall, Within 60 days after receiving a
20  plan from the division, review each plan for compliance with
21  the requirements of this subsection and with the requirements
22  of the rules established by the board pursuant to this
23  subsection.
24         2.  The council shall also Consider the propriety of
25  the recommendations of the managing agency with regard to the
26  future use or protection of the property.
27         3.  After its review, the council shall submit the
28  plan, along with its recommendations and comments, to the
29  board of trustees, with recommendations as to. The council
30  shall specifically recommend to the board of trustees whether
31
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  1  to approve the plan as submitted, approve the plan with
  2  modifications, or reject the plan.
  3         (g)(c)  The board of trustees shall consider the
  4  individual management plan submitted by each state agency and
  5  the recommendations of the Land Acquisition and Management
  6  Advisory Council, or its successor, and the Division of State
  7  Lands and shall approve the plan with or without modification
  8  or reject such plan. The use or possession of any lands owned
  9  by the board of trustees which is not in accordance with an
10  approved individual management plan is subject to termination
11  by the board of trustees.
12
13  By July 1 of each year, each governmental agency, including
14  the water management districts, and each private entity
15  designated to manage lands shall report to the Secretary of
16  Environmental Protection on the progress of funding, staffing,
17  and resource management of every project for which the agency
18  or entity is responsible.
19         (11)(a)  The Legislature recognizes that acquiring
20  lands pursuant to this chapter serves the public interest by
21  protecting land, air, and water resources which contribute to
22  the public health and welfare, providing areas for natural
23  resource based recreation, and ensuring the survival of unique
24  and irreplaceable plant and animal species.  The Legislature
25  intends for these lands to be managed and maintained for the
26  purposes for which they were acquired and for the public to
27  have access to and use of these lands where it is consistent
28  with acquisition purposes and would not harm the resources the
29  state is seeking to protect on the public's behalf.
30         (b)  An amount up to 1.5 percent of the cumulative
31  total of funds ever deposited into the Florida Preservation
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  1  2000 Trust Fund and the Florida Forever Trust Fund shall be
  2  made available for the purposes of management, maintenance,
  3  and capital improvements not eligible for funding pursuant to
  4  s. 11(e), Art. VII of the State Constitution, and for
  5  associated contractual services, for lands acquired pursuant
  6  to this section, and s. 259.101, s. 259.105, or previous
  7  programs for the acquisition of lands for conservation and
  8  recreation, including state forests, to which title is vested
  9  in the board of trustees. Of this amount, $250,000 shall be
10  transferred annually to the Plant Industry Trust Fund within
11  the Department of Agriculture and Consumer Services for the
12  purpose of implementing the Endangered or Threatened Native
13  Flora Conservation Grants Program pursuant to s. 581.185(11).
14  Each agency with management responsibilities shall annually
15  request from the Legislature funds sufficient to fulfill such
16  responsibilities. For the purposes of this paragraph, capital
17  improvements shall include, but need not be limited to,
18  perimeter fencing, signs, firelanes, access roads and trails,
19  and minimal public accommodations, such as primitive
20  campsites, garbage receptacles, and toilets. Any equipment
21  purchased with funds provided pursuant to this paragraph may
22  be used for the purposes described in this paragraph on any
23  conservation and recreation lands managed by a state agency.
24         (c)  In requesting funds provided for in paragraph (b)
25  for long-term management of all acquisitions pursuant to this
26  chapter and for associated contractual services, the managing
27  agencies shall recognize the following categories of land
28  management needs:
29         1.  Lands which are low-need tracts, requiring basic
30  resource management and protection, such as state reserves,
31  state preserves, state forests, and wildlife management areas.
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  1  These lands generally are open to the public but have no more
  2  than minimum facilities development.
  3         2.  Lands which are moderate-need tracts, requiring
  4  more than basic resource management and protection, such as
  5  state parks and state recreation areas.  These lands generally
  6  have extra restoration or protection needs, higher
  7  concentrations of public use, or more highly developed
  8  facilities.
  9         3.  Lands which are high-need tracts, with identified
10  needs requiring unique site-specific resource management and
11  protection. These lands generally are sites with historic
12  significance, unique natural features, or very high intensity
13  public use, or sites that require extra funds to stabilize or
14  protect resources, such as lands with heavy infestations of
15  nonnative, invasive plants.
16
17  In evaluating the management funding needs of lands based on
18  the above categories, the lead land managing agencies shall
19  include in their considerations the impacts of, and needs
20  created or addressed by, multiple-use management strategies.
21         (d)  All revenues generated through multiple-use
22  management or compatible secondary-use management shall be
23  returned to the lead agency responsible for such management
24  and shall be used to pay for management activities on all
25  conservation, preservation, and recreation lands under the
26  agency's jurisdiction.  In addition, such revenues shall be
27  segregated in an agency trust fund and shall remain available
28  to the agency in subsequent fiscal years to support land
29  management appropriations. For the purposes of this paragraph,
30  compatible secondary-use management shall be those activities
31
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  1  described in subsection (9) undertaken on parcels designated
  2  as single use pursuant to s. 253.034(2)(b).
  3         (e)  Up to one-fifth of the funds provided for in
  4  paragraph (b) shall be reserved by the board of trustees for
  5  interim management of acquisitions and for associated
  6  contractual services, to ensure the conservation and
  7  protection of natural resources on project sites and to allow
  8  limited public recreational use of lands.  Interim management
  9  activities may include, but not be limited to, resource
10  assessments, control of invasive, nonnative exotic species,
11  habitat restoration, fencing, law enforcement, controlled
12  burning, and public access consistent with preliminary
13  determinations made pursuant to paragraph (9)(g)(b).  The
14  board of trustees shall make these interim funds available
15  immediately upon purchase.
16         (f)  The department shall set long-range and annual
17  goals for the control and removal of nonnative, upland,
18  invasive plant species on public lands.  Such goals shall
19  differentiate between aquatic plant species and upland plant
20  species.  In setting such goals, the department may rank, in
21  order of adverse impact, species that which impede or destroy
22  the functioning of natural systems. Notwithstanding paragraph
23  (a), up to one-fourth of the funds provided for in paragraph
24  (b) may shall be used by the agencies receiving those funds
25  reserved for control and removal of nonnative, upland,
26  invasive species on public lands.
27         (12)(a)  Beginning July 1, 1999 in fiscal year
28  1994-1995, the Legislature shall make available sufficient
29  funds annually from not more than 3.75 percent of the
30  Conservation and Recreation Lands Trust Fund shall be made
31  available annually to the department for payment in lieu of
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  1  taxes to qualifying counties, cities, and local governments as
  2  defined in paragraph (b) for all actual tax losses incurred as
  3  a result of board of trustees acquisitions for state agencies
  4  under the Florida Forever program or the Florida Preservation
  5  2000 program during any year. Reserved funds not used for
  6  payments in lieu of taxes in any year shall revert to the fund
  7  to be used for land acquisition in accordance with the
  8  provisions of this section.
  9         (b)  Payment in lieu of taxes shall be available:
10         1.  To all counties that have a population of 150,000
11  or less and in which the amount of the tax loss from all
12  completed Preservation 2000 and Florida Forever acquisitions
13  in the county exceeds 0.01 percent of the county's total
14  taxable value. Population levels shall be determined pursuant
15  to s. 11.031. To counties which levy an ad valorem tax of at
16  least 8.25 mills or the amount of the tax loss from all
17  completed Preservation 2000 acquisitions in the county exceeds
18  0.01 percent of the county's total taxable value, and have a
19  population of 75,000 or less.
20         2.  To all local governments located in eligible
21  counties. To counties with a population of less than 100,000
22  which contain all or a portion of an area of critical state
23  concern designated pursuant to chapter 380 and to local
24  governments within such counties.
25         3.  To Glades county, where a privately owned and
26  operated prison leased to the state has recently been opened
27  and where privately owned and operated juvenile justice
28  facilities leased to the state have recently been constructed
29  and opened, a payment in lieu of taxes, in an amount that
30  offsets the loss of property tax revenue, which funds have
31  already been appropriated and allocated from the Department of
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  1  Correction's budget for the purpose of reimbursing amounts
  2  equal to lost ad valorem taxes.
  3         3.  For the 1997-1998 fiscal year only, and
  4  notwithstanding the limitations of paragraph (a), to Glades
  5  County, where a privately owned and operated prison leased to
  6  the state has been opened within the last 2 years for which no
  7  other state moneys have been allocated to the county to offset
  8  ad valorem revenues. This subparagraph expires July 1, 1998.
  9
10  For the purposes of this paragraph, "local government"
11  includes municipalities, the county school board, mosquito
12  control districts, and any other local government entity which
13  levies ad valorem taxes, with the exception of a water
14  management district.
15         (c)  Payment in lieu of taxes shall be available to any
16  city which has a population of 10,000 or less and which levies
17  an ad valorem tax of at least 8.25 mills or the amount of the
18  tax loss from all completed Preservation 2000 acquisitions in
19  the city exceeds 0.01 percent of the city's total taxable
20  value.
21         (c)(d)  If insufficient funds are available in any year
22  to make full payments to all qualifying counties, cities, and
23  local governments, such counties, cities, and local
24  governments shall receive a pro rata share of the moneys
25  available.
26         (d)(e)  The payment amount shall be based on the
27  average amount of actual taxes paid on the property for the 3
28  years preceding acquisition. Applications for payment in lieu
29  of taxes shall be made no later than January 31 of the year
30  following acquisition. No payment in lieu of taxes shall be
31  made for properties which were exempt from ad valorem taxation
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  1  for the year immediately preceding acquisition.  If property
  2  which was subject to ad valorem taxation was acquired by a
  3  tax-exempt entity for ultimate conveyance to the state under
  4  this chapter, payment in lieu of taxes shall be made for such
  5  property based upon the average amount of taxes paid on the
  6  property for the 3 years prior to its being removed from the
  7  tax rolls. The department shall certify to the Department of
  8  Revenue those properties that may be eligible under this
  9  provision. Once eligibility has been established, that county
10  or local government shall receive 10 consecutive annual
11  payments for each tax loss, and no further eligibility
12  determination shall be made during that period. Payment in
13  lieu of taxes shall be limited to a total of 10 consecutive
14  years of annual payments, beginning the year a local
15  government becomes eligible.
16         (e)(f)  Payment in lieu of taxes pursuant to this
17  subsection paragraph shall be made annually to qualifying
18  counties, cities, and local governments after certification by
19  the Department of Revenue that the amounts applied for are
20  reasonably appropriate, based on the amount of actual taxes
21  paid on the eligible property, and after the Department of
22  Environmental Protection has provided supporting documents to
23  the Comptroller and has requested that payment be made in
24  accordance with the requirements of this section.
25         (f)(g)  If the board of trustees conveys to a local
26  government title to any land owned by the board, any payments
27  in lieu of taxes on the land made to the local government
28  shall be discontinued as of the date of the conveyance.
29
30  For the purposes of this subsection, "local government"
31  includes municipalities, the county school board, mosquito
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  1  control districts, and any other local government entity which
  2  levies ad valorem taxes, with the exception of a water
  3  management district.
  4         (16)  Within 90 180 days after receiving a certified
  5  letter from the owner of a property on the Conservation and
  6  Recreation Lands list or the priority list established
  7  pursuant to s. 259.105 objecting to the property being
  8  included in an acquisition project, where such property is a
  9  project or part of a project which has not been listed for
10  purchase in the current year's land acquisition work plan, the
11  board of trustees shall delete the property from the list or
12  from the boundary of an acquisition project on the list.
13         Section 14.  Section 259.0345, Florida Statutes, is
14  created to read:
15         259.0345  Florida Forever Advisory Council.--
16         (1)(a)  There is hereby created the Florida Forever
17  Advisory Council, consisting of seven residents of this state
18  who shall be appointed by the Governor.  The appointments
19  shall include one member from within the geographic boundaries
20  of each water management district who has resided in the
21  district for at least 1 year.  The remaining appointments
22  shall come from the state at large.  The membership of the
23  council shall be representative of agriculture, the
24  development community, local government, the environmental
25  community, and the scientific and technical community who have
26  substantial experience in areas of land, water, and wildlife
27  management and other related areas.
28         (b)  The members appointed by the Governor shall serve
29  4-year terms, except that, initially, to provide for staggered
30  terms, three of the appointees shall serve 2-year terms.  No
31  appointee shall serve more than 6 years.  The Governor may at
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  1  any time fill a vacancy for the unexpired term of a member
  2  appointed under paragraph (a).
  3         (c)  Additionally, the President of the Senate and the
  4  Speaker of the House of Representatives shall each appoint one
  5  ad hoc nonvoting member from their respective chambers.  Such
  6  members shall be appointed from a standing committee that has
  7  a jurisdictional responsibility for the Department of
  8  Environmental Protection.  These appointees shall serve for
  9  the duration of the term of the appointing President or
10  Speaker.
11         (d)  No person who is or has been a lobbyist as defined
12  in s. 112.3148, at any time during the 24 months preceding
13  appointment to the council, for any entity whose interests
14  could be affected by actions or decisions of the council,
15  shall be appointed to the council.
16         (e)  Appointments shall be made by August 15, 1999, and
17  the council's first meeting shall be held by September 15,
18  1999.  Beginning, January 1, 2000, the council shall, at a
19  minimum, meet twice a year.
20         (2)  The Governor shall appoint the chair of the
21  council, and a vice chair shall be elected from among the
22  voting members.
23         (3)  Each member of the council shall receive $75 per
24  day while engaged in the business of the council, as well as
25  expenses and per diem for travel, including attendance at
26  meetings, as provided in s. 112.061.
27         (4)  The department shall provide primary staff support
28  to the council and shall ensure that council meetings are
29  electronically recorded.  Such recordings shall be preserved
30  pursuant to chapters 119 and 257.  The department may adopt
31  any rule or form necessary to implement this section.
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  1         (5)  The department shall execute a contract with the
  2  Florida Natural Areas Inventory for the scientific assistance
  3  necessary to fulfill the requirements of this section.
  4         (6)  The department may request the assistance of other
  5  state agencies, water management districts, or universities to
  6  provide information or expertise to the council.
  7         (7)  The council shall provide a report, by November 1,
  8  2000, to the Secretary of Environmental Protection, who shall
  9  forward the report to the board of trustees for their
10  approval.  After approval by the board of trustees the
11  secretary shall forward the approved report to the President
12  of the Senate and the Speaker of the House of Representatives,
13  at least 30 days prior to the 2001 Regular Legislative
14  Session, for review by the appropriate legislative committees
15  with jurisdiction over the department.  The Legislature may
16  reject, modify, or take no action relative to the goals and
17  performance measures established by the report.  If no action
18  is taken the goals and performance measures shall be
19  implemented.  The report shall meet the following
20  requirements:
21         (a)  Establish specific goals for those identified in
22  s. 259.105(4).
23         (b)  Provide recommendations expanding or refining the
24  goals identified in s. 259.105(4).
25         (c)  Provide recommendations for the development and
26  identification of performance measures to be used for
27  analyzing the progress made towards the goals established
28  pursuant to s. 259.105(4).
29         (d)  Provide recommendations for the process by which
30  projects are to be submitted, reviewed, and approved by the
31  Acquisition and Restoration Council.  The advisory council is
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  1  to specifically examine ways to streamline the process created
  2  by the Florida Forever Act.
  3         (8)  The council shall provide a report, at least 30
  4  days prior to the regular legislative sessions in the
  5  following years:  2002, 2004, 2006 and 2008.  The report shall
  6  be provided to the Secretary of Environmental Protection, who
  7  shall forward the report to the board of trustees for their
  8  approval.  After approval by the board of trustees, the
  9  secretary shall forward the approved report to the President
10  of the Senate and the Speaker of the House of Representatives.
11  The report shall provide: recommendations for adjusting or
12  expanding the goals detailed in s. 259.105(4); recommendations
13  for adjusting the percentage distributions detailed in s.
14  259.105(3); and recommendations concerning other aspects of
15  the Florida Forever Act.
16         (9)  The reports required pursuant to subsections (7)
17  and (8) are to be based upon and developed through:
18         (a)  Comments received during public hearings, in
19  different areas of the state, held for the purpose of
20  gathering public input and recommendations.
21         (b)  Evaluations of Florida's existing public land
22  acquisition programs for conservation, preservation, and
23  recreational purposes, including those administered by the
24  water management districts and the Department of Community
25  Affairs, to determine the extent of Florida's unmet needs for
26  restoration, acquisition, and management of public lands and
27  water areas and for acquisition of privately owned lands and
28  water areas.
29         (c)  Material and data developed by the Florida Natural
30  Areas Inventory concerning Florida's conservation lands.
31
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  1         Section 15.    There is hereby appropriated the sum of
  2  $150,000 from the Conservation and Recreation Lands Trust Fund
  3  and the sum of $150,000 from the Water Management Lands Trust
  4  Fund to the Department of Environmental Protection for fiscal
  5  year 1999-2000 to fund the expenses of the Florida Forever
  6  Advisory Council.  Of this appropriation the Florida Natural
  7  Areas Inventory shall receive no less than $50,000 for the
  8  contractual services required under s. 259.035(5), Florida
  9  Statutes.
10         Section 16.  Effective March 1, 2000, section 259.035,
11  Florida Statutes, 1998 Supplement, is amended to read:
12         (Substantial rewording of section.  See s. 259.035,
13         F.S., 1998 Supp., for present text.)
14         259.035  Acquisition and Restoration Council.--
15         (1)  There is created, effective March 1, 2000, the
16  Acquisition and Restoration Council.
17         (a)  The council shall be composed of nine voting
18  members, four of whom shall be appointed by the Governor.
19  These four appointees shall be from scientific disciplines
20  related to land, water or environmental sciences.  They shall
21  serve 4-year terms, except that, initially, to provide for
22  staggered terms, two of the appointees shall serve 2-year
23  terms.  All subsequent appointments shall be for 4-year terms.
24  No appointee shall serve more than 6 years.  The Governor may
25  at any time fill a vacancy for the unexpired term of a member
26  appointed under this paragraph.
27         (b)  The five remaining appointees shall be composed of
28  the secretary of the department, the director of the Division
29  of Forestry of the Department of Agriculture and Consumer
30  Services, the executive director of the Fish and Wildlife
31  Conservation Commission, the director of the Division of
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  1  Historial Resources of the Department of State, and the
  2  Secretary of Department of Community Affairs, or their
  3  respective designees.
  4         (c)  The Governor shall appoint the chair of the
  5  council, and a vice chair shall be elected from among the
  6  members.
  7         (d)  The council shall hold periodic meetings at the
  8  request of the chair.
  9         (e)  The Department of Environmental Protection shall
10  provide primary staff support to the council and shall ensure
11  that council meetings are electronically recorded.  Such
12  recording shall be preserved pursuant to chapters 119 and 257.
13         (f)  The department has authority to adopt rules
14  pursuant to ss. 120.536(1) and 120.54 to implement the
15  provisions of this section.
16         (2)  The four members of the council appointed by the
17  Governor shall receive $75 per day while engaged in the
18  business of the council, as well as expenses and per diem for
19  travel, including attendance at meetings, as allowed state
20  officers and employees while in the performance of their
21  duties, pursuant to s. 112.061.
22         (3)  The council shall provide assistance to the board
23  of trustees in reviewing the recommendations and plans for
24  state-owned lands required under s. 253.034.  The council
25  shall, in reviewing such recommendations and plans, consider
26  the optimization of multiple-use and conservation strategies
27  to accomplish the provisions funded pursuant to s.
28  259.101(3)(a). Such funds shall only be used to acquire lands
29  identified in the annual Conservation and Recreation Lands
30  list approved by the board of trustees in the year 2000.
31
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  1         Section 17.  Subsection (2) of section 259.036, Florida
  2  Statutes, is amended to read:
  3         259.036  Management review teams.--
  4         (2)  The land management review team shall review
  5  select parcels of managed land prior to the date the managing
  6  agency is required to submit its 5-year land management plan
  7  update.  A copy of the review shall be provided to the
  8  managing agency, the Division of State Lands, and the Land
  9  Acquisition and Management Advisory Council or its successor.
10  The managing agency shall consider the findings and
11  recommendations of the land management review team in
12  finalizing the required 5-year update of its management plan.
13         Section 18.  Subsection (1) of section 259.04, Florida
14  Statutes, is amended to read:
15         259.04  Board; powers and duties.--
16         (1)  For state capital projects and acquisitions
17  selected for purchase pursuant to ss. 259.034, 259.035, and
18  259.101, and 259.105:
19         (a)  The board is given the responsibility, authority,
20  and power to develop and execute a comprehensive, statewide
21  5-year plan to conserve, restore, and protect environmentally
22  endangered lands, ecosystems, lands necessary for outdoor
23  recreational needs, and other lands as identified in ss.
24  259.032, and 259.101, and 259.105. This plan shall be kept
25  current through continual reevaluation and revision.  The
26  advisory council or its successor shall assist the board in
27  the development, reevaluation, and revision of the plan.
28         (b)  The board may enter into contracts with the
29  government of the United States or any agency or
30  instrumentality thereof; the state or any county,
31  municipality, district authority, or political subdivision; or
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  1  any private corporation, partnership, association, or person
  2  providing for or relating to the conservation or protection of
  3  certain lands in accomplishing the purposes of this chapter
  4  ss. 259.01-259.06.
  5         (c)  Within 45 days after the advisory council or its
  6  successor submits the lists of either list of acquisition
  7  projects to the board, the board shall approve, in whole or in
  8  part, the lists of list of acquisition projects in the order
  9  of priority in which such projects are presented.  To the
10  greatest extent practicable, projects on the lists list shall
11  be acquired in their approved order of priority.
12         (d)  The board is authorized to acquire, by purchase,
13  gift, or devise or otherwise, the fee title or any lesser
14  interest of lands, water areas, and related resources
15  sufficient to meet the purposes specified in s. 259.03(2) for
16  environmentally endangered lands.
17         (2)  For state capital projects for outdoor recreation
18  lands, the provisions of chapter 375 and s. 253.025 shall also
19  apply.
20         Section 19.  Subsections (1) and (3), paragraph (e) of
21  subsection (7), and present subsection (14) of section
22  259.041, Florida Statutes, 1998 Supplement, are amended,
23  subsections (11) through (18) are renumbered as subsections
24  (12) through (19), respectively, and a new subsection (11) is
25  added to said section, to read:
26         259.041  Acquisition of state-owned lands for
27  preservation, conservation, and recreation purposes.--
28         (1)  Neither the Board of Trustees of the Internal
29  Improvement Trust Fund nor its duly authorized agent shall
30  commit the state, through any instrument of negotiated
31  contract or agreement for purchase, to the purchase of lands
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  1  with or without appurtenances unless the provisions of this
  2  section have been fully complied with. However, the board of
  3  trustees may waive any requirement of this section, except the
  4  requirements of subsections (3), (13), and (14), and (15); or,
  5  notwithstanding chapter 120, may waive any rules adopted
  6  pursuant to this section, except rules adopted pursuant to
  7  subsections (3), (13), and (14), and (15); or may substitute
  8  other reasonably prudent procedures, provided the public's
  9  interest is reasonably protected. The title to lands acquired
10  pursuant to this section shall vest in the board of trustees
11  as provided in s. 253.03(1), unless otherwise provided by law.
12  All such lands, title to which is vested in the board of
13  trustees pursuant to this section, shall be administered
14  pursuant to the provisions of s. 253.03.
15         (3)  No agreement to acquire real property for the
16  purposes described in this chapter, chapter 260, or chapter
17  375, title to which will vest in the board of trustees, may
18  bind the state unless and until the agreement has been
19  reviewed and approved by the Department of Environmental
20  Protection as complying with the requirements of this section
21  and any rules adopted pursuant to this section.  However,
22  review and approval of agreements for acquisitions for Florida
23  Greenways and Trails Program properties pursuant to chapter
24  260 may be waived by the department in any contract with
25  nonprofit corporations who have agreed to assist the
26  department with this program.  Where any of the following
27  conditions exist, the agreement shall be submitted to and
28  approved by the board of trustees:
29         (a)  The purchase price agreed to by the seller exceeds
30  the value as established pursuant to the rules of the board of
31  trustees;
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  1         (b)  The contract price agreed to by the seller and
  2  acquiring agency exceeds $1 million;
  3         (c)  The acquisition is the initial purchase in a
  4  project; or
  5         (d)  Other conditions that the board of trustees may
  6  adopt by rule. Such conditions may include, but not be limited
  7  to, projects where title to the property being acquired is
  8  considered nonmarketable or is encumbered in such a way as to
  9  significantly affect its management.
10
11  Where approval of the board of trustees is required pursuant
12  to this subsection, the acquiring agency must provide a
13  justification as to why it is in the public's interest to
14  acquire the parcel or project. Approval of the board of
15  trustees also is required for projects the department
16  recommends acquiring pursuant to subsections (14) (13) and
17  (15) (14). Review and approval of agreements for acquisitions
18  for Florida Greenways and Trails Program properties pursuant
19  to chapter 260 may be waived by the department in any contract
20  with nonprofit corporations that have agreed to assist the
21  department with this program.
22         (7)  Prior to approval by the board of trustees or,
23  when applicable, the Department of Environmental Protection,
24  of any agreement to purchase land pursuant to this chapter,
25  chapter 260, or chapter 375, and prior to negotiations with
26  the parcel owner to purchase any other land, title to which
27  will vest in the board of trustees, an appraisal of the parcel
28  shall be required as follows:
29         (e)  Generally, appraisal reports are confidential and
30  exempt from the provisions of s. 119.07(1), for use by the
31  agency and the board of trustees, until an option contract is
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  1  executed or, if no option contract is executed, until 2 weeks
  2  before a contract or agreement for purchase is considered for
  3  approval by the board of trustees. However, the department has
  4  the authority, at its discretion, to disclose appraisal
  5  reports to private landowners during negotiations for
  6  acquisitions using alternatives to fee simple techniques, if
  7  the department determines that disclosure of such reports will
  8  bring the proposed acquisition to closure. The Division of
  9  State Lands may also disclose appraisal information to public
10  agencies or nonprofit organizations that agree to maintain the
11  confidentiality of the reports or information when joint
12  acquisition of property is contemplated, or when a public
13  agency or nonprofit organization enters into a written
14  multiparty agreement with the division to purchase and hold
15  property for subsequent resale to the division. In addition,
16  the division may use, as its own, appraisals obtained by a
17  public agency or nonprofit organization, provided the
18  appraiser is selected from the division's list of appraisers
19  and the appraisal is reviewed and approved by the division.
20  For the purposes of this chapter, "nonprofit organization"
21  means an organization whose purposes include purpose is the
22  preservation of natural resources, and which is exempt from
23  federal income tax under s. 501(c)(3) of the Internal Revenue
24  Code. The agency may release an appraisal report when the
25  passage of time has rendered the conclusions of value in the
26  report invalid or when the acquiring agency has terminated
27  negotiations.
28
29  Notwithstanding the provisions of this subsection, on behalf
30  of the board and before the appraisal of parcels approved for
31  purchase under this chapter, the Secretary of Environmental
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  1  Protection or the director of the Division of State Lands may
  2  enter into option contracts to buy such parcels. Any such
  3  option contract shall state that the final purchase price is
  4  subject to approval by the board or, when applicable, the
  5  secretary and that the final purchase price may not exceed the
  6  maximum offer allowed by law. The consideration for such an
  7  option may not exceed $1,000 or 0.01 percent of the estimate
  8  by the department of the value of the parcel, whichever amount
  9  is greater.
10         (11)(a)  The Legislature finds that, with the
11  increasing pressures on the natural areas of this state and on
12  open space suitable for recreational use, the state must
13  develop creative techniques to maximize the use of acquisition
14  and management funds.  The Legislature also finds that the
15  state's conservation and recreational land acquisition
16  agencies should be encouraged to augment their traditional,
17  fee simple acquisition programs with the use of alternatives
18  to fee simple acquisition techniques.  Additionally, the
19  Legislature finds that generations of private landowners have
20  been good stewards of their land, protecting or restoring
21  native habitats and ecosystems to the benefit of the natural
22  resources of this state, its heritage, and its citizens. The
23  Legislature also finds that using alternatives to fee simple
24  acquisition by public land acquisition agencies will achieve
25  the following public policy goals:
26         1.  Allow more lands to be brought under public
27  protection for preservation, conservation, and recreational
28  purposes with less expenditure of public funds.
29         2.  Retain, on local government tax rolls, some portion
30  of or interest in lands which are under public protection.
31
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  1         3.  Reduce long-term management costs by allowing
  2  private property owners to continue acting as stewards of
  3  their land, where appropriate.
  4
  5  Therefore, it is the intent of the Legislature that public
  6  land acquisition agencies develop programs to pursue
  7  alternatives to fee simple acquisition and to educate private
  8  landowners about such alternatives and the benefits of such
  9  alternatives.  It is also the intent of the Legislature that a
10  portion of the shares of Preservation 2000 and Florida Forever
11  bond proceeds be used to purchase eligible properties using
12  alternatives to fee simple acquisition.
13         (b)  All project applications shall identify, within
14  their acquisition plans, those projects which require a full
15  fee simple interest to achieve the public policy goals,
16  together with the reasons full title is determined to be
17  necessary. The state agencies and the water management
18  districts may use alternatives to fee simple acquisition to
19  bring the remaining projects in their acquisition plans under
20  public protection.  For the purposes of this subsection, the
21  term "alternatives to fee simple acquisition" includes, but is
22  not limited to:  purchase of development rights; obtaining
23  conservation easements; obtaining flowage easements; purchase
24  of timber rights, mineral rights, or hunting rights; purchase
25  of agricultural interests or silvicultural interests; entering
26  into land protection agreements as defined in s. 380.0677(5);
27  fee simple acquisitions with reservations; creating life
28  estates; or any other acquisition technique which achieves the
29  public policy goals listed in paragraph (a). It is presumed
30  that a private landowner retains the full range of uses for
31  all the rights or interests in the landowner's land which are
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  1  not specifically acquired by the public agency. The lands upon
  2  which hunting rights are specifically acquired pursuant to
  3  this paragraph shall be available for hunting in accordance
  4  with the management plan or hunting regulations adopted by the
  5  Florida Fish and Wildlife Conservation Commission, unless the
  6  hunting rights are purchased specifically to protect
  7  activities on adjacent lands.
  8         (c)  When developing the acquisition plan pursuant to
  9  s. 259.105 the Acquisition and Restoration Council may give
10  preference to those less than fee simple acquisitions that
11  provide any public access.  However, the Legislature
12  recognizes that public access is not always appropriate for
13  certain less than fee simple acquisitions; therefore no
14  proposed less than fee simple acquisition shall be rejected
15  simply because public access would be limited.
16         (d)  Beginning in fiscal year 1999-2000, the department
17  and each water management district shall implement initiatives
18  to use alternatives to fee simple acquisition and to educate
19  private landowners about such alternatives.  The department
20  and the water management districts may enter into joint
21  acquisition agreements to jointly fund the purchase of lands
22  using alternatives to fee simple techniques.
23         (e)  The Legislature finds that the lack of direct
24  sales comparison information has served as an impediment to
25  successful implementation of alternatives to fee simple
26  acquisition.  It is the intent of the Legislature that, in the
27  absence of direct comparable sales information, appraisals of
28  alternatives to fee simple acquisitions be based on the
29  difference between the full fee simple valuation and the value
30  of the interests remaining with the seller after acquisition.
31
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  1         (f)  The public agency which has been assigned
  2  management responsibility shall inspect and monitor any less
  3  than fee simple interest according to the terms of the
  4  purchase agreement relating to such interest.
  5         (15)(14)  The board of trustees, by an affirmative vote
  6  of five members, may direct the department to purchase lands
  7  on an immediate basis using up to 15 percent of the funds
  8  allocated to the department pursuant to ss. s. 259.101(3)(a)
  9  and 259.105  for the acquisition of lands that:
10         (a)  Are listed or placed at auction by the Federal
11  Government as part of the Resolution Trust Corporation sale of
12  lands from failed savings and loan associations;
13         (b)  Are listed or placed at auction by the Federal
14  Government as part of the Federal Deposit Insurance
15  Corporation sale of lands from failed banks; or
16         (c)  Will be developed or otherwise lost to potential
17  public ownership, or for which federal matching funds will be
18  lost, by the time the land can be purchased under the program
19  within which the land is listed for acquisition.
20
21  For such acquisitions, the board of trustees may waive or
22  modify all procedures required for land acquisition pursuant
23  to this chapter and all competitive bid procedures required
24  pursuant to chapters 255 and 287. Lands acquired pursuant to
25  this subsection must, at the time of purchase, be on one of
26  the acquisition lists established pursuant to this chapter, or
27  be essential for water resource development, protection, or
28  restoration, or a significant portion of the lands must
29  contain natural communities or plant or animal species which
30  are listed by the Florida Natural Areas Inventory as
31
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  1  critically imperiled, imperiled, or rare, or as excellent
  2  quality occurrences of natural communities.
  3         Section 20.  Paragraphs (a) and (b) of subsection (6)
  4  and paragraph (f) of subsection (9) of section 259.101,
  5  Florida Statutes, 1998 Supplement, are amended to read:
  6         259.101  Florida Preservation 2000 Act.--
  7         (6)  DISPOSITION OF LANDS.--
  8         (a)  Any lands acquired pursuant to paragraph (3)(a),
  9  paragraph (3)(c), paragraph (3)(d), paragraph (3)(e),
10  paragraph (3)(f), or paragraph (3)(g), if title to such lands
11  is vested in the Board of Trustees of the Internal Improvement
12  Trust Fund, may be disposed of by the Board of Trustees of the
13  Internal Improvement Trust Fund in accordance with the
14  provisions and procedures set forth in s. 253.034(6)(5), and
15  lands acquired pursuant to paragraph (3)(b) may be disposed of
16  by the owning water management district in accordance with the
17  procedures and provisions set forth in ss. 373.056 and 373.089
18  provided such disposition also shall satisfy the requirements
19  of paragraphs (b) and (c).
20         (b)  Before land may be surplused can be determined to
21  be of no further benefit to the public as required by s.
22  253.034(6)(5), or determined to be no longer required for its
23  purposes under s. 373.056(4), whichever may be applicable,
24  there shall first be a determination by the Board of Trustees
25  of the Internal Improvement Trust Fund, or, in the case of
26  water management district lands, by the owning water
27  management district, that such land no longer needs to be
28  preserved in furtherance of the intent of the Florida
29  Preservation 2000 Act. Any lands eligible to be disposed of
30  under this procedure also may be used to acquire other lands
31  through an exchange of lands, provided such lands obtained in
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  1  an exchange are described in the same paragraph of subsection
  2  (3) as the lands disposed.
  3         (9)
  4         (f)1.  Pursuant to subsection (3) and beginning in
  5  fiscal year 1999-2000, that portion of the unencumbered
  6  balances of each program described in paragraphs (3)(c), (d),
  7  (e), (f), and (g) which has been on deposit in such program's
  8  Preservation 2000 account for more than 3 two fiscal years
  9  shall be redistributed equally to the Department of
10  Environmental Protection, Division of State Lands P2000 sub
11  account for the purchase of State Lands as described in s.
12  259.032 and Water Management District P2000 sub account for
13  the purchase of Water Management Lands pursuant to ss.
14  373.456, 373.4592 and 373.59. For the purposes of this
15  subsection, the term "unencumbered balances" means the portion
16  of Preservation 2000 bond proceeds which is not obligated
17  through the signing of a purchase contract between a public
18  agency and a private landowner, except that the program
19  described in paragraph (3)(c) may not lose any portion of its
20  unencumbered funds which remain unobligated because of
21  extraordinary circumstances that hampered the affected local
22  governments' abilities to close on land acquisition projects
23  approved through the Florida Communities Trust program.
24  Extraordinary circumstances shall be determined by the Florida
25  Communities Trust governing body and may include such things
26  as death or bankruptcy of the owner of property; a change in
27  the land use designation of the property; natural disasters
28  that affected a local government's ability to consummate the
29  sales contract on such property; or any other condition that
30  the Florida Communities Trust governing board determined to be
31  extraordinary. The portion of the funds redistributed
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  1  deposited in the Water Management District P2000 sub account
  2  Lands Trust Fund shall be distributed to the water management
  3  districts as provided in s. 373.59(7).
  4         2.  The department and the water management districts
  5  may enter into joint acquisition agreements to jointly fund
  6  the purchase of lands using alternatives to fee simple
  7  techniques.
  8         Section 21.  Section 259.105, Florida Statutes is
  9  created to read:
10         259.105  The Florida Forever Act.--
11         (1)  This section may be cited as the "Florida Forever
12  Act."
13         (2)(a)  The Legislature finds and declares that:
14         1.  The Preservation 2000 program provided tremendous
15  financial resources for purchasing environmentally significant
16  lands to protect those lands from imminent development,
17  thereby assuring present and future generations access to
18  important open spaces and recreation and conservation lands.
19         2.  The continued alteration and development of
20  Florida's natural areas to accommodate the state's rapidly
21  growing population have contributed to the degradation of
22  water resources, the fragmentation and destruction of wildlife
23  habitats, the loss of outdoor recreation space, and the
24  diminishment of wetlands, forests, and public beaches.
25         3.  The potential development of Florida's remaining
26  natural areas and escalation of land values require a
27  continuation of government efforts to restore, bring under
28  public protection, or acquire lands and water areas to
29  preserve the state's invaluable quality of life.
30         4.  Florida's groundwater, surface waters, and springs
31  are under tremendous pressure due to population growth and
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  1  economic expansion and require special protection and
  2  restoration efforts.  To ensure that sufficient quantities of
  3  water are available to meet the current and future needs of
  4  the natural systems and citizens of the state, and assist in
  5  achieving the planning goals of the department and the water
  6  management districts, water resource development projects on
  7  public lands, where compatible with the resource values of and
  8  management objectives for the lands, are appropriate.
  9         5.  The needs of urban Florida for high-quality outdoor
10  recreational opportunities, greenways, trails, and open space
11  have not been fully met by previous acquisition programs.
12  Through such programs as the Florida Communities Trust and the
13  Florida Recreation Development Assistance Program, the state
14  shall place additional emphasis on acquiring, protecting,
15  preserving, and restoring open space, greenways, and
16  recreation properties within urban areas where pristine
17  natural communities or water bodies no longer exist because of
18  the proximity of developed property.
19         6.  Many of Florida's unique ecosystems, such as the
20  Florida Everglades, are facing ecological collapse due to
21  Florida's burgeoning population. To preserve these valuable
22  ecosystems for future generations, parcels of land must be
23  acquired to facilitate ecosystem restoration.
24         7.  Access to public lands to support a broad range of
25  outdoor recreational opportunities and the development of
26  necessary infrastructure, where compatible with the resource
27  values of and management objectives for such lands, promotes
28  an appreciation for Florida's natural assets and improves the
29  quality of life.
30         8.  Acquisition of lands, in fee simple or in any
31  lesser interest, should be based on a comprehensive assessment
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  1  of Florida's natural resources and planned so as to protect
  2  the integrity of ecological systems and provide multiple
  3  benefits, including preservation of fish and wildlife habitat,
  4  recreation space for urban as well as rural areas, and water
  5  recharge.
  6         9.  The state has embraced performance-based program
  7  budgeting as a tool to evaluate the achievements of publicly
  8  funded agencies, build in accountability, and reward those
  9  agencies which are able to consistently achieve quantifiable
10  goals.  While previous and existing state environmental
11  programs have achieved varying degrees of success, few of
12  these programs can be evaluated as to the extent of their
13  achievements, primarily because performance measures,
14  standards, outcomes, and goals were not established at the
15  outset.  Therefore, the Florida Forever program shall be
16  developed and implemented in the context of measurable state
17  goals and objectives.
18         10.  It is the intent of the Legislature to change the
19  focus and direction of the state's major land acquisition
20  programs and to extend funding and bonding capabilities, so
21  that future generations may enjoy the natural resources of
22  Florida.
23         (b)  The Legislature recognizes that acquisition is
24  only one way to achieve the aforementioned goals and
25  encourages the development of creative partnerships between
26  governmental agencies and private landowners.  Land protection
27  agreements and similar tools should be used, where
28  appropriate, to bring environmentally sensitive tracts under
29  an acceptable level of protection at a lower financial cost to
30  the public, and to provide private landowners with the
31  opportunity to enjoy and benefit from their property.
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  1         (c)  Public agencies or other entities that receive
  2  funds under this section are encouraged to better coordinate
  3  their expenditures so that project acquisitions, when combined
  4  with acquisitions under Preservation 2000, Save Our Rivers,
  5  the Florida Communities Trust, and other public land
  6  acquisition programs, will form more complete patterns of
  7  protection for natural areas and functioning ecosystems, to
  8  better accomplish the intent of this section.
  9         (d)  A long-term financial commitment to managing
10  Florida's public lands must accompany any new land acquisition
11  program to ensure that the natural resource values of such
12  lands are protected, that the public has the opportunity to
13  enjoy the lands to their fullest potential, and that the state
14  achieves the full benefits of its investment of public
15  dollars.
16         (e)  With limited dollars available for restoration and
17  acquisition of land and water areas and for providing
18  long-term management and capital improvements, a competitive
19  selection process can select those projects best able to meet
20  the goals of Florida Forever and maximize the efficient use of
21  the program's funding.
22         (f)  To ensure success and provide accountability to
23  the citizens of this state, it is the intent of the
24  Legislature that any bond proceeds used pursuant to this
25  section be used to implement the goals and objectives
26  recommended by the Florida Forever Advisory Council as
27  approved by the Board of Trustees of the Internal Improvement
28  Trust Fund and the Legislature.
29         (g)  As it has with previous land acquisition programs,
30  the Legislature recognizes the desires of the citizens of this
31  state to prosper through economic development and to preserve
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  1  the natural areas and recreational open space of Florida.  The
  2  Legislature further recognizes the urgency of restoring the
  3  natural functions of public lands or water bodies before they
  4  are degraded to a point where recovery may never occur, yet
  5  acknowledges the difficulty of ensuring adequate funding for
  6  restoration efforts in light of other equally critical
  7  financial needs of the state.  It is the Legislature's desire
  8  and intent to fund the implementation of this section and to
  9  do so in a fiscally responsible manner, by issuing bonds to be
10  repaid with documentary stamp tax revenue.
11         (3)  Less the costs of issuing and the costs of funding
12  reserve accounts and other costs associated with bonds, the
13  proceeds of bonds issued pursuant to this section shall be
14  deposited into the Florida Forever Trust Fund created by s.
15  259.1051. The proceeds shall be distributed by the Department
16  of Environmental Protection in the following manner:
17         (a)  Thirty-five percent to the Department of
18  Environmental Protection for the acquisition of lands and
19  capital project expenditures necessary to implement the water
20  management districts' priority lists developed pursuant to s.
21  373.199.  The funds are to be distributed to the water
22  management districts as provided in subsection (11).  A
23  minimum of fifty percent of the total funds provided over the
24  life of the Florida Forever Program pursuant to this paragraph
25  shall be used for the acquisition of lands.
26         (b)  Thirty-five percent to the Department of
27  Environmental Protection for the acquisition of lands and
28  capital project expenditures described in this section. Of the
29  proceeds distributed pursuant to this paragraph, it is the
30  intent of the Legislature that an increased priority be given
31  to those acquisitions which achieve a combination of
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  1  conservation goals, including protecting Florida's water
  2  resources and natural groundwater recharge. Capital project
  3  expenditures may not exceed 10 percent of the funds allocated
  4  pursuant to this paragraph.
  5         (c)  Twenty-four percent to the Department of Community
  6  Affairs for use by the Florida Communities Trust for the
  7  purposes of part III of chapter 380, and grants to local
  8  governments or nonprofit environmental organizations that are
  9  tax exempt under s. 501(c)(3) of the United States Internal
10  Revenue Code for the acquisition of community-based projects,
11  urban open spaces, parks, and greenways to implement local
12  government comprehensive plans.  From funds available to the
13  trust, 8 percent shall be transferred annually to the Land
14  Acquisition Trust Fund for grants pursuant to s. 375.075.
15  From funds available to the trust and used for land
16  acquisition, 75 percent shall be matched by local governments
17  on a dollar-for-dollar basis.  The Legislature intends that
18  the Florida Communities Trust emphasize funding projects in
19  low-income or otherwise disadvantaged communities.  Thirty
20  percent of the total allocation provided to the trust shall be
21  used in Standard Metropolitan Statistical Areas, but one-half
22  of that amount shall be used in localities in which the
23  project site is located in built-up commercial, industrial, or
24  mixed-use areas and functions to intersperse open spaces
25  within congested urban core areas.  From funds allocated to
26  the trust, no less than 5 percent shall be used to acquire
27  lands for recreational trail systems, provided that in the
28  event these funds are not needed for such projects, they will
29  be available for other trust projects.  Local governments may
30  use federal grants or loans, private donations, or
31  environmental mitigation funds, including environmental
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  1  mitigation funds required pursuant to s. 338.250, for any part
  2  or all of any local match required for acquisitions funded
  3  through the Florida Communities Trust.  Any lands purchased by
  4  nonprofit organizations using funds allocated under this
  5  paragraph must provide for such lands to remain permanently in
  6  public use through a reversion of title to local or state
  7  government, conservation easement, or other appropriate
  8  mechanism.  Projects funded with funds allocated to the Trust
  9  shall be selected in a competitive process measured against
10  criteria adopted in rule by the Trust.
11         (d)  One and five-tenths percent to the Department of
12  Environmental Protection for the purchase of inholdings and
13  additions to state parks.  For the purposes of this paragraph,
14  "state park" means any real property in the state which is
15  under the jurisdiction of the Division of Recreation and Parks
16  of the department, or which may come under its jurisdiction.
17         (e)  One and five-tenths percent to the Division of
18  Forestry of the Department of Agriculture and Consumer
19  Services to fund the acquisition of state forest inholdings
20  and additions pursuant to s. 589.07 and the implementation of
21  reforestation plans or sustainable forestry management
22  practices.
23         (f)  One and five-tenths percent to the Fish and
24  Wildlife Conservation Commission to fund the acquisition of
25  inholdings and additions to lands managed by the commission
26  which are important to the conservation of fish and wildlife.
27         (g)  One and five-tenths percent to the Department of
28  Environmental Protection for the Florida Greenways and Trails
29  Program, to acquire greenways and trails or greenways and
30  trail systems pursuant to chapter 260, including, but not
31
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  1  limited to, abandoned railroad rights-of-way and the Florida
  2  National Scenic Trail.
  3         (h)  For the purposes of paragraphs (d), (e),(f) and
  4  (g) the agencies which receive the funds shall develop their
  5  individual acquisition or restoration lists. Proposed
  6  additions may be acquired if they are identified within the
  7  original project boundary, the management plan required
  8  pursuant to s. 253.034(5), or the management prospectus
  9  required pursuant to s. 259.032(9)(d). Proposed additions not
10  meeting the requirements of this paragraph shall be submitted
11  to the Acquisition and Restoration Council for approval.  The
12  council may only approve the proposed addition if it meets two
13  or more of the following criteria: serves as a link or
14  corridor to other publicly owned property; enhances the
15  protection or management of the property; would add a
16  desirable resource to the property; would create a more
17  manageable boundary configuration; has a high resource value
18  that otherwise would be unprotected; or can be acquired at
19  less than fair market value.
20         (4)  It is the intent of the Legislature that projects
21  or acquisitions funded pursuant to paragraphs (3)(a) and (b)
22  contribute to the achievement of the following goals:
23         (a)  An increase in the level of protection for, or an
24  increase in the populations of, listed plant species, as
25  measured by the number of occurrences, acres of strategic
26  habitat areas, or delisting or redesignation of such species.
27         (b)  An increase in the level of protection for, or an
28  increase in the populations of, listed animal species, as
29  measured by the number of occurrences, acres of strategic
30  habitat areas, delisting or redesignation of such species, or
31  the change in long-term survival rates.
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  1         (c)  The restoration of land areas, as measured by a
  2  reduction in nonnative species, level of maintenance control
  3  of invasive species, reforestation rates, or regeneration of
  4  natural communities.
  5         (d)  An increase in public landholdings needed to meet
  6  the goals of this subsection, as measured by the acquisition
  7  of lands in fee simple or with less than fee simple
  8  alternatives.
  9         (e)  The completion of projects begun under previous
10  land acquisition programs, as measured through the acquisition
11  of land under inholdings and additions programs.
12         (f)  An increase in the amount of forest land for
13  sustainable natural resources.
14         (g)  An increase in public recreational opportunities,
15  as measured by the acreage available for recreational
16  opportunities or the number of miles available for greenways
17  or trails.
18         (h)  A reduction in the amount of pollutants flowing
19  into Florida's surface waters, as measured by a reduction in
20  the number of surface water bodies designated as impaired.
21         (i)  The improvement of water recharge rates on public
22  lands, as measured by increased speed of recharge and amount
23  of cubic feet of water made available.
24         (j)  The restoration of water areas, as measured by a
25  reduction of nonnative species, level of maintenance control
26  of invasive species, regeneration of natural communities,
27  reduction of excessive sedimentation, removal of impediments,
28  or reduction of shoreline erosion.
29         (k)  The protection of natural floodplain functions and
30  prevention of or reduction in flood damage, as measured by the
31  number of acres of floodplain in public ownership.
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  1         (l)  The restoration of degraded water bodies, as
  2  measured by the number of goals implemented under a surface
  3  water improvement plan or other restoration plans.
  4         (m)  The restoration of wetlands, as measured by the
  5  number of acres of previously converted wetlands returned to a
  6  functioning status.
  7         (n)  The preservation of strategic wetlands, as
  8  measured by the number of acres acquired.
  9         (o)  The preservation of, or reduction of contaminants
10  in, aquifers and springs, as measured by contaminant levels or
11  the number of acres of recharge areas acquired.
12         (5)(a)  All lands acquired pursuant to this section
13  shall be managed for multiple-use purposes, where compatible
14  with the resource values of and management objectives for such
15  lands.  As used in this section, "multiple-use" includes, but
16  is not limited to, outdoor recreational activities as
17  described in ss. 253.034 and 259.032(9)(b), water resource
18  development projects, and sustainable forestry management.
19         (b)  Upon a decision by the entity in which title to
20  lands acquired pursuant to this section has vested such lands
21  may be designated single use as defined in s. 253.034(2)(b).
22         (6)  As provided in this section, a water resource or
23  water supply development project may be allowed only if the
24  following conditions are met: minimum flows and levels have
25  been established for those waters, if any, which may
26  reasonably be expected to experience significant harm to water
27  resources as a result of the project; the project complies
28  with all applicable permitting requirements; and the project
29  is consistent with the regional water supply plan, if any, of
30  the water management district and with relevant recovery or
31  prevention strategies if required pursuant to s. 373.0421(2).
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  1         (7)(a)  Beginning July 1, 2000, and every year
  2  thereafter, the Acquisition and Restoration Council shall
  3  accept applications from state agencies, local governments,
  4  nonprofit and for-profit organizations, private land trusts,
  5  and individuals for project proposals eligible for funding
  6  pursuant to paragraph (3)(b). The council shall evaluate the
  7  proposals received pursuant to this subsection to ensure that
  8  they meet at least one of the criteria under subsection (9).
  9         (b)  Project applications shall contain, at a minimum,
10  the following:
11         1.  A minimum of two numeric performance measures that
12  directly relate to the overall goals adopted by the council.
13  Each performance measure shall include a baseline measurement,
14  which is the current situation; a performance standard which
15  the project sponsor anticipates the project will achieve; and
16  the performance measurement itself, which should reflect the
17  incremental improvements the project accomplishes towards
18  achieving the performance standard.
19         2.  Proof that property owners within any proposed
20  acquisition have been notified of their inclusion in the
21  proposed project.  Any property owner may request the removal
22  of such property from further consideration by submitting a
23  request to the project sponsor or the Acquisition and
24  Restoration Council by certified mail. Upon receiving this
25  request, the council shall delete the property from the
26  proposed project; however, the board of trustees, at the time
27  it votes to approve the proposed project lists pursuant to
28  subsection (16), may add the property back on to the project
29  lists if it determines by a super majority of its members that
30  such property is critical to achieve the purposes of the
31  project.
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  1         (c)  The title to lands acquired under this section
  2  shall vest in the Board of Trustees of the Internal
  3  Improvement Trust Fund, except that title to lands acquired by
  4  a water management district shall vest in the name of that
  5  district and lands acquired by a local government shall vest
  6  in the name of the purchasing local government.
  7         (8)  The Acquisition and Restoration Council shall
  8  develop a project list that shall represent those projects
  9  submitted pursuant to subsection (7).
10         (9)  The Acquisition and Restoration Council shall
11  develop a rule to competitively evaluate, select, and rank
12  projects eligible for Florida Forever funds pursuant to
13  paragraph (3)(b).  In developing this rule the Acquisition and
14  Restoration Council shall give weight to the following
15  criteria:
16         (a)  The project meets multiple goals described in
17  subsection (4).
18         (b)  The project is part of an ongoing governmental
19  effort to restore, protect, or develop land areas or water
20  resources.
21         (c)  The project enhances or facilitates management of
22  properties already under public ownership.
23         (d)  The project has significant archeological or
24  historic value.
25         (e)  The project has funding sources that are
26  identified and assured through at least the first 2 years of
27  the project.
28         (f)  The project contributes to the solution of water
29  resource problems on a regional basis.
30         (g)  The project has a significant portion of its land
31  area in imminent danger of development, in imminent danger of
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  1  losing its significant natural attributes or recreational open
  2  space, or in imminent danger of subdivision which would result
  3  in multiple ownership and make acquisition of the project
  4  costly or less likely to be accomplished.
  5         (h)  The project implements an element from a plan
  6  developed by an ecosystem management team.
  7         (i)  The project is one of the components of the
  8  Everglades restoration effort.
  9         (j)  The project may be purchased at 80 percent of
10  appraised value.
11         (k)  The project may be acquired, in whole or in part,
12  using alternatives to fee simple, including but not limited
13  to, purchase of development rights, hunting rights,
14  agricultural or silvicultural rights, or mineral rights;
15  obtaining conservation easements or flowage easements; or use
16  of land protection agreements as defined in s. 380.0677(5).
17         (l)  The project is a joint acquisition, either among
18  public agencies, nonprofit organizations, or private entities,
19  or by a public-private partnership.
20         (10)  The Acquisition and Restoration Council shall
21  give increased priority to those projects for which matching
22  funds are available and to project elements previously
23  identified on an acquisition list pursuant to this section
24  that can be acquired at 80 percent or less of appraised value.
25         (11)  For the purposes of funding projects pursuant to
26  paragraph (3)(a) the Secretary of Environmental Protection
27  shall ensure that each water management district receives the
28  following percentage of funds annually:
29         (a)  35 percent to the South Florida Water Management
30  District.
31
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  1         (b)  25 percent to the Southwest Florida Water
  2  Management District.
  3         (c)  25 percent to the St. John's River Water
  4  Management District.
  5         (d)  7.5 percent to the Suwannee River Water Management
  6  District.
  7         (e)  7.5 percent to the Northwest Florida Water
  8  Management District.
  9         (12)  It is the intent of the Legislature that in
10  developing the list of projects for funding pursuant to
11  paragraph (3)(a), that these funds not be used to abrogate the
12  financial responsibility of those point and nonpoint sources
13  that have contributed to the degradation of water or land
14  areas.  Therefore an increased priority shall be given by the
15  water management district governing boards to those projects
16  that have secured a cost-sharing agreement allocating
17  responsibility for the cleanup of point and nonpoint sources.
18         (13)  An affirmative vote of five members of the
19  Acquisition and Restoration Council shall be required in order
20  to place a proposed project on the list developed pursuant to
21  subsection (8). Any member of the council who by family or a
22  business relationship has a connection with any project
23  proposed to be ranked shall declare such interest prior to
24  voting for a project's inclusion on the list.
25         (14)  Each year that bonds are to be issued pursuant to
26  this section, the Acquisition and Restoration Council shall
27  review that year's approved project list and shall, by the
28  first board meeting in May, present to the Board of Trustees
29  of the Internal Improvement Trust Fund for approval a listing
30  of projects developed pursuant to subsection (8). The board of
31  trustees may remove projects from the list developed pursuant
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  1  to this subsection, but may not add projects or rearrange
  2  project rankings.
  3         (15)  The Acquisition and Restoration Council shall
  4  submit to the board of trustees, with its list of projects, a
  5  report that includes, but shall not be limited to, the
  6  following information for each project listed:
  7         (a)  The stated purpose for inclusion.
  8         (b)  Projected costs to achieve the project goals.
  9         (c)  An interim management budget.
10         (d)  Specific performance measures.
11         (e)  Plans for public access.
12         (f)  An identification of the essential parcel or
13  parcels within the project without which the project cannot be
14  properly managed.
15         (g)  Where applicable, an identification of those
16  projects or parcels within projects which should be acquired
17  in fee simple or in less than fee simple.
18         (h)  An identification of those lands being purchased
19  for conservation purposes.
20         (i)  A management policy statement for the project and
21  a management prospectus pursuant to s. 259.032(9)(d).
22         (j)  An estimate of land value based on county tax
23  assessed values.
24         (k)  A map delineating project boundaries.
25         (l)  An assessment of the project's ecological value,
26  outdoor recreational value, forest resources, wildlife
27  resources, ownership pattern, utilization, and location.
28         (m)  A discussion of whether alternative uses are
29  proposed for the property and what those uses are.
30         (n)  A designation of the management agency or
31  agencies.
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  1         (16)  All proposals for projects pursuant to paragraph
  2  (3)(b) shall be implemented only if adopted by the Acquisition
  3  and Restoration Council and approved by the board of
  4  trustees.  The council shall consider and evaluate in writing
  5  the merits and demerits of each project that is proposed for
  6  Florida Forever funding and shall ensure that each proposed
  7  project will meet a stated public purpose for the restoration,
  8  conservation, or preservation of environmentally sensitive
  9  lands and water areas or for providing outdoor recreational
10  opportunities.   The council also shall determine if the
11  project conforms, where applicable, with the comprehensive
12  plan developed pursuant to s. 259.04(1)(a), the comprehensive
13  multipurpose outdoor recreation plan developed pursuant to s.
14  375.021, the state lands management plan adopted pursuant to
15  s. 253.03(7), the water resources work plans developed
16  pursuant to s. 373.199, and the provisions of this section.
17         (17)(a)  The Board of Trustees of the Internal
18  Improvement Trust Fund, or, in the case of water management
19  district lands, the owning water management district, may
20  authorize the granting of a lease, easement, or license for
21  the use of certain lands acquired pursuant to this section,
22  for certain uses that are determined by the appropriate board
23  to be compatible with the resource values of and management
24  objectives for such lands.
25         (b)  Any existing lease, easement, or license acquired
26  for incidental public or private use on, under, or across any
27  lands acquired pursuant to this section shall be presumed to
28  be compatible with the purposes for which such lands were
29  acquired.
30         (c)  Notwithstanding the provisions of paragraph (a),
31  no such lease, easement, or license shall be entered into by
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  1  the Department of Environmental Protection or other
  2  appropriate state agency if the granting of such lease,
  3  easement, or license would adversely affect the exclusion of
  4  the interest on any revenue bonds issued to fund the
  5  acquisition of the affected lands from gross income for
  6  federal income tax purposes, pursuant to Internal Revenue
  7  Service regulations.
  8         (18)  The Acquisition and Restoration Council may
  9  recommend adoption of rules by the board of trustees
10  necessary to implement the provisions of this section relating
11  to:  solicitation, scoring, selecting, and ranking of Florida
12  Forever project proposals; disposing of or leasing lands or
13  water areas selected for funding through the Florida Forever
14  program; and the process of reviewing and recommending for
15  approval or rejection the land management plans associated
16  with publicly owned properties. Rules promulgated pursuant to
17  this subsection shall be submitted to the President of the
18  Senate and the Speaker of the House of Representatives, for
19  review by the Legislature, no later than 30 days prior to the
20  2000 Regular Session and shall become effective only after
21  legislative review. In its review, the Legislature may reject,
22  modify, or take no action relative to such rules. The council
23  shall conform such rules to changes made by the Legislature,
24  or, if no action was taken by the Legislature, such rules
25  shall become effective.
26         (19)  Lands listed as projects for acquisition under
27  the Florida Forever program may be managed for conservation
28  pursuant to s. 259.032, on an interim basis by a private party
29  in anticipation of a state purchase in accordance with a
30  contractual arrangement between the acquiring agency and the
31  private party that may include management service contracts,
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  1  leases, cost share arrangements or resource conservation
  2  agreements.  Lands designated as eligible under this
  3  subsection shall be managed to maintain or enhance the
  4  resources the state is seeking to protect by acquiring the
  5  land.  Funding for these contractual arrangements may
  6  originate from the documentary stamp tax revenue deposited
  7  into the Conservation and Recreation Lands Trust Fund and
  8  Water Management Lands Trust Fund.  No more than five percent
  9  of funds allocated under the trust funds shall be expended for
10  this purpose.
11         Section 22.  Subsections (2), (3), and (4) of section
12  260.012, Florida Statutes, 1998 Supplement, are amended to
13  read:
14         260.012  Declaration of policy and legislative
15  intent.--
16         (2)  It is the intent of the Legislature that a
17  statewide system of greenways and trails be established to
18  provide open space benefiting environmentally sensitive lands
19  and wildlife and providing people with access to healthful
20  outdoor activities.  It is also the intent of the Legislature
21  to acquire or designate lands and waterways to facilitate the
22  establishment of a statewide system of greenways and trails;
23  to encourage the multiple use of public rights-of-way and use
24  to the fullest extent existing and future scenic roads,
25  highways, park roads, parkways, greenways, trails, and
26  national recreational trails; to encourage the development of
27  greenways and trails by counties, cities, and special
28  districts and to assist in such development by any means
29  available; to coordinate greenway and trail plans and
30  development by local governments with one another and with the
31  state government and Federal Government; to encourage,
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  1  whenever possible, the development of greenways and trails on
  2  federal lands by the Federal Government; and to encourage the
  3  owners of private lands to protect the existing ecological,
  4  historical, and cultural values of their lands, including
  5  those values derived from working landscapes.
  6         (3)  It is the intent of the Legislature that
  7  designated greenways and trails be located on public lands and
  8  waterways and, subject to the written agreement of the private
  9  landowner, on private lands. Designated greenways and trails
10  located on public lands or waterways or on private lands may
11  or may not provide public access, as agreed by the department
12  or the landowner, respectively.
13         (4)  It is the intent of the Legislature that
14  information produced for the purpose of the identification of
15  lands and waterways, both public and private, that are
16  suitable for greenways and trails be used only for the
17  purposes of:
18         (a)  Setting priorities for acquisition, planning, and
19  management of public lands and waterways for use as greenways
20  and trails; and
21         (b)  Identification of private lands which are eligible
22  for designation as part of the greenways and trails system and
23  are thereby eligible for incentives.
24         Section 23.  Subsection (3) of section 260.013, Florida
25  Statutes, 1998 Supplement, is amended to read:
26         260.013  Definitions.--As used in ss. 260.011-260.018,
27  unless the context otherwise requires:
28         (3)  "Designation" means the identification and
29  inclusion of specific lands and waterways as part of the
30  statewide system of greenways and trails pursuant to a formal
31  public process, including the specific written consent of the
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  1  landowner. When the department determines that public access
  2  is appropriate for greenways and trails, written authorization
  3  must be granted by the landowner to the department permitting
  4  public access to all or a specified part of the landowner's
  5  property. The department's determination shall be noticed
  6  pursuant to s. 120.525, and the department shall also notify
  7  the landowner by certified mail at least 7 days before any
  8  public meeting regarding the intent to designate.
  9         Section 24.  Section 260.014, Florida Statutes, 1998
10  Supplement, is amended to read:
11         260.014  Florida Greenways and Trails System.--The
12  Florida Greenways and Trails System shall be a statewide
13  system of greenways and trails which shall consist of
14  individual greenways and trails and networks of greenways and
15  trails which may be designated as a part of the statewide
16  system by the department. Mapping or other forms of
17  identification of lands and waterways as suitable for
18  inclusion in the system of greenways and trails, mapping of
19  ecological characteristics for any purpose, or development of
20  information for planning purposes shall not constitute
21  designation. No lands or waterways may be designated as a part
22  of the statewide system of greenways and trails without the
23  specific written consent of the landowner.
24         Section 25.  Section 260.0142, Florida Statutes, is
25  created to read:
26         260.0142  Florida Greenways and Trails Council;
27  composition; powers and duties.--
28         (1)  There is hereby created within the Department of
29  Environmental Protection the Florida Greenways and Trails
30  Council which shall advise the department in the execution of
31
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  1  the department's powers and duties under this chapter. The
  2  council shall be composed of 21 members, consisting of:
  3         (a)  Five members appointed by the Governor, with two
  4  members representing the trail user community, two members
  5  representing the greenway user community, and one member
  6  representing private landowners. Of the initial appointments,
  7  two shall be appointed for 2-year terms and three shall be
  8  appointed for 1-year terms.  Subsequent appointments shall be
  9  for 2-year terms.
10         (b)  Three members appointed by the President of the
11  Senate, with one member representing the trail user community
12  and two members representing the greenway user community.  Of
13  the initial appointments, two shall be appointed for 2-year
14  terms and one shall be appointed for a 1-year term. Subsequent
15  appointments shall be for 2-year terms.
16         (c)  Three members appointed by the Speaker of the
17  House of Representatives, with two members representing the
18  trail user community and one member representing the greenway
19  user community.  Of the initial appointments, two shall be
20  appointed for 2-year terms and one shall be appointed for a
21  1-year term.  Subsequent appointments shall be for 2-year
22  terms.
23
24  Those eligible to represent the trail user community shall be
25  chosen from, but not be limited to, paved trail users, hikers,
26  off-road bicyclists, paddlers, equestrians, disabled outdoor
27  recreational users, and commercial recreational interests.
28  Those eligible to represent the greenway user community shall
29  be chosen from, but not be limited to, conservation
30  organizations, nature study organizations, and scientists and
31  university experts.
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  1         (d)  The 10 remaining members shall include:
  2         1.  The Secretary of Environmental Protection or a
  3  designee;
  4         2.  The executive director of the Fish and Wildlife
  5  Conservation Commission or a designee;
  6         3.  The Secretary of Community Affairs or a designee;
  7         4.  The Secretary of Transportation or a designee;
  8         5.  The Director of the Division of Forestry of the
  9  Department of Agriculture and Consumer Services or a designee;
10         6.  The director of the Division of Historical
11  Resources of the Department of State or a designee;
12         7.  A representative of the water management districts
13  who shall serve for 1 year.  Membership on the council shall
14  rotate among the five districts.  The districts shall
15  determine the order of rotation;
16         8.  A representative of a federal land management
17  agency.  The Secretary of Environmental Protection shall
18  identify the appropriate federal agency and request
19  designation of a representative from the agency to serve on
20  the council;
21         9.  A representative of the regional planning councils
22  to be appointed by the Secretary of Environmental Protection,
23  in consultation with the Secretary of Community Affairs, for a
24  single 2-year term.  The representative shall not be selected
25  from the same regional planning council for successive terms;
26  and
27         10.  A representative of local governments to be
28  appointed by the Secretary of Environmental Protection, in
29  consultation with the Secretary of Community Affairs, for a
30  single 2-year term.  Membership shall alternate between a
31  county representative and a municipal representative.
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  1         (2)  The department shall provide necessary staff
  2  assistance to the council.
  3         (3)  The council is authorized to contract for and to
  4  accept gifts, grants, or other aid from the United States
  5  Government or any person or corporation.
  6         (4)  The duties of the council shall include, but not
  7  be limited to, the following:
  8         (a)  Advise the Department of Environmental Protection,
  9  the Department of Community Affairs, the Department of
10  Transportation, the Fish and Wildlife Conservation Commission,
11  the Division of Forestry of the Department of Agriculture and
12  Consumer Services, the water management districts, and the
13  regional planning councils on policies relating to the Florida
14  Greenways and Trails System, and promote intergovernmental
15  cooperation;
16         (b)  Facilitate a statewide system of interconnected
17  landscape linkages, conservation corridors, greenbelts,
18  recreational corridors and trails, scenic corridors,
19  utilitarian corridors, reserves, regional parks and preserves,
20  ecological sites, and cultural/historic/recreational sites;
21         (c)  Facilitate a statewide system of interconnected
22  land-based trails that connect urban, suburban, and rural
23  areas of the state and facilitate expansion of the statewide
24  system of freshwater and saltwater paddling trails;
25         (d)  Recommend priorities for critical links in the
26  Florida Greenways and Trails System;
27         (e)  Review applications for acquisition funding under
28  the Florida Greenways and Trails Program and recommend to the
29  Secretary of Environmental Protection which projects should be
30  acquired;
31
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  1         (f)  Provide funding recommendations to agencies and
  2  organizations regarding the acquisition, development, and
  3  management of greenways and trails, including the promotion of
  4  private landowner incentives;
  5         (g)  Review designation proposals for inclusion in the
  6  Florida Greenways and Trails System;
  7         (h)  Provide advocacy and education to benefit the
  8  statewide system of greenways and trails by encouraging
  9  communication and conferencing;
10         (i)  Encourage public-private partnerships to develop
11  and manage greenways and trails;
12         (j)  Review progress toward meeting established
13  benchmarks and recommend appropriate action;
14         (k)  Make recommendations for updating and revising the
15  implementation plan for the Florida Greenways and Trails
16  System;
17         (l)  Advise the Land Acquisition and Management
18  Advisory Council or its successor to ensure the incorporation
19  of greenways and trails in land management plans on lands
20  managed by the Department of Environmental Protection, the
21  Fish and Wildlife Conservation Commission, the Division of
22  Historical Resources of the Department of State, and the
23  Division of Forestry of the Department of Agriculture and
24  Consumer Services;
25         (m)  Provide advice and assistance to the Department of
26  Transportation and the water management districts regarding
27  the incorporation of greenways and trails into their planning
28  efforts;
29         (n)  Encourage land use, environmental, and coordinated
30  linear infrastructure planning to facilitate the
31
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  1  implementation of local, regional, and statewide greenways and
  2  trails systems;
  3         (o)  Promote greenways and trails support
  4  organizations; and
  5         (p)  Support the Florida Greenways and Trails System in
  6  any other appropriate way.
  7         (5)  The council shall establish procedures for
  8  conducting its affairs in execution of the duties and
  9  responsibilities stated in this section, which operating
10  procedures shall include determination of a council chair and
11  other appropriate operational guidelines. The council shall
12  meet at the call of the chair, or at such times as may be
13  prescribed by its operating procedures.  The council may
14  establish committees to conduct the work of the council and
15  the committees may include nonmembers as appropriate.
16         (6)  A vacancy on the council shall be filled for the
17  remainder of the unexpired term in the same manner as the
18  original appointment.  Members whose terms have expired may
19  continue to serve until replaced or reappointed. No member
20  shall serve on the council for more than two consecutive
21  terms.
22         (7)  Members of the council shall not receive any
23  compensation for their services but shall be entitled to
24  receive reimbursement for per diem and travel expenses
25  incurred in the performance of their duties, as provided in s.
26  112.061.
27         Section 26.  Section 260.016, Florida Statutes, 1998
28  Supplement, is amended, to read:
29         260.016  General powers of the department.--
30         (1)  The department may:
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  1         (a)  Publish and distribute appropriate maps of
  2  designated greenways and trails. The description shall include
  3  a generalized map delineating the area designated, location of
  4  suitable ingress and egress sites, as well as other points of
  5  interest to enhance the recreational opportunities of the
  6  public.
  7         (b)  Establish access routes and related public-use
  8  facilities along greenways and trails which will not
  9  substantially interfere with the nature and purposes of the
10  greenway or trail.
11         (c)  Adopt appropriate rules to implement or interpret
12  this act and portions of chapter 253 relating to greenways and
13  trails, which may include, but are not limited to, rules for
14  the following:
15         1.  Establishing a designation process.
16         2.  Negotiating and executing agreements with private
17  landowners.
18         3.  Establishing prohibited activities or restrictions
19  on activities to protect the health, safety, and welfare of
20  the public.
21         4.  Charging fees for use.
22         5.  Providing public access.
23         6.  Providing for maintenance.
24         7.  Any matter necessary to the evaluation, selection,
25  operation, and maintenance of greenways and trails.
26
27  Any person who violates or otherwise fails to comply with the
28  rules adopted pursuant to subparagraph 3. commits a
29  noncriminal infraction for which a fine of up to $500 may be
30  imposed.
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  1         (d)  Coordinate the activities of all governmental
  2  units and bodies and special districts that desire to
  3  participate in the development and implementation of the
  4  Florida Greenways and Trails System.
  5         (e)  Appoint an advisory body to be known as the
  6  "Florida Recreational Trails Council" which shall advise the
  7  department in the execution of its powers and duties under
  8  this chapter.  The department may establish by rule the
  9  duties, structure, and responsibilities of the council.
10  Members of the Florida Recreational Trails Council shall serve
11  without compensation, but are entitled to be reimbursed for
12  per diem and travel expenses as provided in s. 112.061.
13         (e)(f)  Establish, develop, and publicize greenways and
14  trails saltwater paddling trails in a manner that will permit
15  public recreation when appropriate without damaging natural
16  resources. The Big Bend Historic Saltwater Paddling Trail from
17  the St. Marks River to the Suwannee River is hereby designated
18  as part of the Florida Greenways and Trails System.  Additions
19  to this trail may be added by the department from time to time
20  as part of a statewide saltwater circumnavigation trail.
21         (f)(g)  Enter into sublease agreements or other use
22  agreements with any federal, state, or local governmental
23  agency, or any other entity local governmental agencies for
24  the management of greenways and trails for recreation and
25  conservation purposes consistent with the intent of this
26  chapter.
27         (h)  Enter into management agreements with other
28  entities only if a federal agency, another state agency, local
29  government, county, or municipality is unable to manage the
30  greenways or trails lands.  Such entities must demonstrate
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  1  their capabilities of management for the purposes defined in
  2  ss. 260.011-260.018.
  3         (g)(i)  Charge reasonable fees or rentals for the use
  4  or operation of facilities and concessions.  All such fees,
  5  rentals, or other charges collected shall be deposited in the
  6  account or trust fund of the managing entity.  All such fees,
  7  rentals, or other charges collected by the Division of
  8  Recreation and Parks under this paragraph shall be deposited
  9  in the State Park Trust Fund pursuant to s. 258.014.
10         (2)  The department shall:
11         (a)  Evaluate lands for the acquisition of greenways
12  and trails and compile a list of suitable corridors,
13  greenways, and trails, ranking them in order of priority for
14  proposed acquisition.  The department shall devise a method of
15  evaluation which includes, but is not limited to, the
16  consideration of:
17         1.  The importance and function of such corridors
18  within the statewide system.
19         2.  Potential for local sharing in the acquisition,
20  development, operation, or maintenance of greenway and trail
21  corridors.
22         3.  Costs of acquisition, development, operation, and
23  maintenance.
24         (b)  Maintain an updated list of abandoned and
25  to-be-abandoned railroad rights-of-way.  The department shall
26  request information on current and potential railroad
27  abandonments from the Department of Transportation and
28  railroad companies operating within the state.  At a minimum,
29  the department shall make such requests on a quarterly basis.
30         (c)  Provide information to public and private agencies
31  and organizations on abandoned rail corridors which are or
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  1  will be available for acquisition from the railroads or for
  2  lease for interim recreational use from the Department of
  3  Transportation. Such information shall include, at a minimum,
  4  probable costs of purchase or lease of the identified
  5  corridors.
  6         (d)  Develop and implement a process for designation of
  7  lands and waterways as a part of the statewide system of
  8  greenways and trails, which shall include:
  9         1.  Development and dissemination of criteria for
10  designation.
11         2.  Development and dissemination of criteria for
12  changes in the terms or conditions of designation, including
13  withdrawal or termination of designation. A landowner may have
14  his or her lands property removed from designation by
15  providing the department with a written request that contains
16  an adequate description of such lands to be removed.
17  Provisions shall be made in the designation agreement for
18  disposition of any future improvements made to the land by the
19  department.
20         3.  Compilation of available information on and field
21  verification of the characteristics of the lands and waterways
22  as they relate to the developed criteria.
23         4.  Public notice pursuant to s. 120.525 in all phases
24  of the process.
25         5.  Actual notice to the landowner by certified mail at
26  least 7 days before any public meeting regarding the
27  department's intent to designate.
28         6.  Written authorization from the landowner in the
29  form of a lease or other instrument for the designation and
30  granting of public access, if appropriate, to a landowner's
31  property.
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  1         7.  Development of a greenway or trail use plan as a
  2  part of the designation agreement. In any particular segment
  3  of a greenway or trail, the plan components must be compatible
  4  with connecting segments and, at a minimum, describe the types
  5  and intensities of uses of the property.
  6         (e)  Implement the plan for the Florida Greenways and
  7  Trails System as adopted by the Florida Greenways Coordinating
  8  Council on September 11, 1998.
  9         (3)  The department or its designee is authorized to
10  negotiate with potentially affected private landowners as to
11  the terms under which such landowners would consent to the
12  public use of their lands as part of the greenways and trails
13  system. The department shall be authorized to agree to
14  incentives for a private landowner who consents to this public
15  use of his or her lands for conservation or recreational
16  purposes, including, but not limited to, the following:
17         (a)  Retention by the landowner of certain specific
18  rights in his or her lands, including, but not limited to, the
19  right to farm, hunt, graze, harvest timber, or use the lands
20  for other purposes which are consistent with use as greenways
21  or trails.
22         (b)  Agreement to exchange, subject to the approval of
23  the Board of Trustees of the Internal Improvement Trust Fund
24  or other applicable unit of government, ownership or other
25  rights of use of public lands for the ownership or other
26  rights of use of privately owned lands property. Any exchange
27  of state-owned lands, title to which is vested in the Board of
28  Trustees of the Internal Improvement Trust Fund, for privately
29  owned lands shall be subject to the requirements of s.
30  259.041.
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  1         (c)  Contracting with the landowner to provide
  2  management or other services on the lands.
  3         (d)  At the option of the landowner, acceleration of
  4  the acquisition process or higher consideration in the ranking
  5  process when any lands owned by the landowner are under
  6  consideration for acquisition by the state or other unit of
  7  government.
  8         (e)  At the option of the landowner, removal of any
  9  lands owned by the landowner from consideration for acquistion
10  by the state or other unit of government.
11         (f)  Execution of patrol and protection agreements.
12         (g)  Where applicable and appropriate, providing lease
13  fees, not to exceed fair market value of the leasehold
14  interest.
15         Section 27.  Section 260.018, Florida Statutes, 1998
16  Supplement, is amended to read:
17         260.018  Agency recognition.--All agencies of the
18  state, regional planning councils through their comprehensive
19  plans, and local governments through their local comprehensive
20  planning process pursuant to chapter 163 shall recognize the
21  special character of publicly owned lands and waters
22  designated by the state as greenways and trails and shall not
23  take any action which will impair their use as designated.
24  Identification of lands or waterways in planning materials,
25  maps, data, and other information developed or used in the
26  greenways and trails program shall not be cause for such lands
27  or waterways to be subject to this section, unless such lands
28  or waterways have been designated as a part of the statewide
29  system or greenways and trails pursuant to s. 260.016(2)(d).
30         Section 28.  Paragraph (a) of subsection (11) of ection
31  288.1224, Florida Statutes, is amended to read:
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  1         288.1224  Powers and duties.--The commission:
  2         (11)  Shall create an advisory committee of the
  3  commission which shall be charged with developing a regionally
  4  based plan to protect and promote all of the natural, coastal,
  5  historical, cultural, and commercial tourism assets of this
  6  state.
  7         (a)  Members of the advisory committee shall be
  8  appointed by the chair of the commission and shall include
  9  representatives of the commission, the Departments of
10  Agriculture and Consumer Services, Environmental Protection,
11  Community Affairs, Transportation, and State, the Florida
12  Greenways and Trails Coordinating Council, the Fish and
13  Wildlife Conservation Commission Florida Game and Freshwater
14  Fish Commission, and, as deemed appropriate by the chair of
15  the commission, representatives from other federal, state,
16  regional, local, and private sector associations representing
17  environmental, historical, cultural, recreational, and
18  tourism-related activities.
19         Section 29.  The following trails located upon or
20  within public lands or waterways and designated prior to May
21  30, 1998, shall not be subject to the designation process
22  established in chapter 260, Florida Statutes, 1998
23  Supplement:  thirty-six canoe trails designated by the
24  Governor and Cabinet in 1970 and redesignated by the Governor
25  and Cabinet on December 8, 1981; the Historic Big Bend
26  Saltwater Paddling Trail; Hillsborough River State
27  Recreational Canoe Trail; and trails located within state
28  parks and forests.
29         Section 30.  Effective July 1, 2001, subsection (4) of
30  section 369.252, Florida Statutes, is amended to read:
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  1         369.252  Invasive exotic plant control on public
  2  lands.--The department shall establish a program to:
  3         (4)  Use funds in the Aquatic Plant Control Trust Fund
  4  as authorized by the Legislature for carrying out activities
  5  under this section on public lands. Twenty percent of the
  6  amount credited to the Aquatic Plant Control Trust Fund
  7  pursuant to s. 201.15(6) shall be used for the purpose of
  8  controlling nonnative, upland, invasive plant species on
  9  public lands.
10         Section 31.  Subsection (5) of section 369.307, Florida
11  Statutes, is amended to read:
12         369.307  Developments of regional impact in the Wekiva
13  River Protection Area; land acquisition.--
14         (5)  The Department of Environmental Protection is
15  directed to proceed to negotiate for acquisition of
16  conservation and recreation lands projects within the Wekiva
17  River Protection Area provided that such projects have been
18  deemed qualified under statutory and rule criteria for
19  purchase and have been placed on the priority list for
20  acquisition by the advisory council created in s. 259.035 or
21  its successor.
22         Section 32.  Subsection (5) is added to section
23  373.089, Florida Statutes, to read:
24         373.089  Sale or exchange of lands, or interests or
25  rights in lands.--The governing board of the district may sell
26  lands, or interests or rights in lands, to which the district
27  has acquired title or to which it may hereafter acquire title
28  in the following manner:
29         (5)  Any lands the title to which is vested in the
30  governing board of a water management district may be
31
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  1  surplused pursuant to the procedures set forth in this section
  2  and s. 373.056 and the following:
  3         (a)  For those lands designated as acquired for
  4  conservation purposes, the governing board shall make a
  5  determination that the lands are no longer needed for
  6  conservation purposes and may dispose of them by a two-thirds
  7  vote.
  8         (b)  For all other lands, the governing board shall
  9  make a determination that such lands are no longer needed and
10  may dispose of them by majority vote.
11         (c)  For the purposes of this subsection, all lands for
12  which title has vested in the governing board prior to July 1,
13  1999, shall be deemed to have been acquired for conservation
14  purposes.
15         (d)  For any lands acquired on or after July 1, 1999,
16  for which title is vested in the governing board, the
17  governing board shall determine which parcels shall be
18  designated as having been acquired for conservation purposes.
19         Section 33.  Section 373.139, Florida Statutes, is
20  amended to read:
21         373.139  Acquisition of real property.--
22         (1)  The Legislature declares it to be necessary for
23  the public health and welfare that water and water-related
24  resources be conserved and protected.  The acquisition of real
25  property for this objective shall constitute a public purpose
26  for which public funds may be expended.
27         (2)  The governing board of the district is empowered
28  and authorized to acquire in fee or less than fee title to
29  real property, and easements therein, by purchase, gift,
30  devise, lease, eminent domain, or otherwise for flood control,
31  water storage, water management, aquifer recharge, water
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  1  resource and water supply development, and preservation of
  2  wetlands, streams, and lakes., except that Eminent domain
  3  powers may be used only for acquiring real property for flood
  4  control and water storage or for curing title defects or
  5  encumbrances to real property to be acquired from a willing
  6  seller.
  7         (3)(a)  No acquisition of lands shall occur without a
  8  public hearing similar to those held pursuant to the
  9  provisions set forth in s. 120.54.
10         (b)  Title information, appraisal reports, offers, and
11  counteroffers are confidential and exempt from the provisions
12  of s. 119.07(1) until an option contract is executed or, if no
13  option contract is executed, until 30 days before a contract
14  or agreement for purchase is considered for approval by the
15  governing board.  However, each district may, at its
16  discretion, disclose appraisal reports to private landowners
17  during negotiations for acquisitions using alternatives to fee
18  simple techniques, if the district determines that disclosure
19  of such reports will bring the proposed acquisition to
20  closure. In the event that negotiation is terminated by the
21  district, the title information, appraisal report, offers, and
22  counteroffers shall become available pursuant to s. 119.07(1).
23  Notwithstanding the provisions of this section and s. 259.041,
24  a district and the Division of State Lands may share and
25  disclose title information, appraisal reports, appraisal
26  information, offers, and counteroffers when joint acquisition
27  of property is contemplated. A district and the Division of
28  State Lands shall maintain the confidentiality of such title
29  information, appraisal reports, appraisal information, offers,
30  and counteroffers in conformance with this section and s.
31  259.041, except in those cases in which a district and the
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  1  division have exercised discretion to disclose such
  2  information.
  3         (c)  The Secretary of Environmental Protection shall
  4  release moneys from the appropriate account or trust fund to a
  5  district for preacquisition costs within 30 days after receipt
  6  of a resolution adopted by the district's governing board
  7  which identifies and justifies any such preacquisition costs
  8  necessary for the purchase of any lands listed in the
  9  district's 5-year workplan.  The district shall return to the
10  department any funds not used for the purposes stated in the
11  resolution, and the department shall deposit the unused funds
12  into the appropriate account or trust fund.
13         (d)  The Secretary of Environmental Protection shall
14  release acquisition moneys from the appropriate account or
15  trust fund to a district following receipt of a resolution
16  adopted by the governing board identifying the lands being
17  acquired and certifying that such acquisition is consistent
18  with the 5-year workplan of acquisition and other provisions
19  of this section.  The governing board also shall provide to
20  the Secretary of Environmental Protection a copy of all
21  certified appraisals used to determine the value of the land
22  to be purchased.  Each parcel to be acquired must have at
23  least one appraisal.  Two appraisals are required when the
24  estimated value of the parcel exceeds $500,000.  However, when
25  both appraisals exceed $500,000 and differ significantly, a
26  third appraisal may be obtained.  If the purchase price is
27  greater than the appraisal price, the governing board shall
28  submit written justification for the increased price.  The
29  Secretary of Environmental Protection may withhold moneys for
30  any purchase that is not consistent with the 5-year plan or
31  the intent of this section or that is in excess of appraised
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  1  value.  The governing board may appeal any denial to the Land
  2  and Water Adjudicatory Commission pursuant to s. 373.114. 
  3         (4)  The governing board of the district may purchase
  4  tax certificates or tax deeds issued in accordance with
  5  chapter 197 relating to property eligible for purchase under
  6  this section.
  7         (5)  Lands acquired for the purposes enumerated in
  8  subsection (2) may also be used for recreational purposes, and
  9  whenever practicable such lands shall be open to the general
10  public for recreational uses. Except when prohibited by a
11  covenant or condition described in s. 373.056(2), lands owned,
12  managed, and controlled by the district may be used for
13  multiple purposes, including, but not limited to, agriculture,
14  silviculture, and water supply, as well as boating and other
15  recreational uses.
16         (6)  For the purpose of introducing water into, or
17  drawing water from, the underlying aquifer for storage or
18  supply, the governing board is authorized to hold, control,
19  and acquire by donation, lease, or purchase any land, public
20  or private.
21         (5)(7)  This section shall not limit the exercise of
22  similar powers delegated by statute to any state or local
23  governmental agency or other person.
24         (6)  A district may dispose of land acquired under this
25  section pursuant to s. 373.056 or s. 373.089.  However, no
26  such disposition of land shall be made if it would have the
27  effect of causing all or any portion of the interest on any
28  revenue bonds issued pursuant to s. 259.101 or s. 259.105 to
29  fund the acquisition programs detailed in this section to lose
30  the exclusion from gross income for purposes of federal income
31  taxation.  Revenue derived from such disposition may not be
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  1  used for any purpose except the purchase of other lands
  2  meeting the criteria specified in this section or payment of
  3  debt service on revenue bonds or notes issued under s.
  4  373.584.
  5         (7)  The districts have the authority to promulgate
  6  rules that include the specific process by which land is
  7  acquired; the selection and retention of outside appraisers,
  8  surveyors, and acquisition agents; and public
  9  notification.  Rules adopted pursuant to this subsection shall
10  be submitted to the President of the Senate and the Speaker of
11  the House of Representatives, for review by the Legislature,
12  no later than 30 days prior to the 2001 Regular Session and
13  shall become effective only after legislative review. In its
14  review, the Legislature may reject, modify, or take no action
15  relative to such rules.  The districts shall conform such
16  rules to changes made by the Legislature, or, if no action was
17  taken by the Legislature, such rules shall become effective.
18         Section 34.  Section 373.1391, Florida Statutes, is
19  created to read:
20         373.1391  Management of real property.--
21         (1)(a)  Lands titled to the governing boards of the
22  districts shall be managed and maintained, to the extent
23  practicable, in such a way as to ensure a balance between
24  public access, general public recreational purposes, and
25  restoration and protection of their natural state and
26  condition.  Except when prohibited by a covenant or condition
27  described in s. 373.056(2), lands owned, managed, and
28  controlled by the district may be used for multiple purposes,
29  including, but not limited to, agriculture, silviculture, and
30  water supply, as well as boating and other recreational uses.
31
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  1         (b)  Whenever practicable such lands shall be open to
  2  the general public for recreational uses.  General public
  3  recreational purposes shall include, but not be limited to,
  4  fishing, hunting, horseback riding, swimming, camping, hiking,
  5  canoeing, boating, diving, birding, sailing, jogging, and
  6  other related outdoor activities to the maximum extent
  7  possible considering the environmental sensitivity and
  8  suitability of those lands.  These public lands shall be
  9  evaluated for their resource value for the purpose of
10  establishing which parcels, in whole or in part, annually or
11  seasonally, would be conducive to general public recreational
12  purposes.  Such findings shall be included in management plans
13  which are developed for such public lands.  These lands shall
14  be made available to the public for these purposes, unless the
15  district governing board can demonstrate that such activities
16  would be incompatible with the purposes for which these lands
17  were acquired.
18         (c)  In developing or reviewing land management plans
19  should a dispute arise that cannot be resolved by the water
20  management districts, that issue shall be forwarded to the
21  Secretary of Environmental Protection who shall submit it to
22  the Florida Forever Advisory Council.
23         (d)  For any fee simple acquisition of a parcel which
24  is or will be leased back for agricultural purposes, or for
25  any acquisition of a less-than-fee interest in lands that is
26  or will be used for agricultural purposes, the district
27  governing board shall first consider having a soil and water
28  conservation district created pursuant to chapter 582 manage
29  and monitor such interest.
30         (2)  Interests in real property acquired by the
31  districts under this section with funds other than those
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  1  appropriated under the Florida Forever Act may be used for
  2  permittable water resource development and water supply
  3  development purposes under the following conditions:  the
  4  minimum flows and levels of priority water bodies on such
  5  lands have been established; the project complies with all
  6  conditions for issuance of a permit under part II of this
  7  chapter; and the project is compatible with the purposes for
  8  which the land was acquired.
  9         (3)  Each district is encouraged to use volunteers to
10  provide land management and other services.  Volunteers shall
11  be covered by liability protection and workers' compensation
12  in the same manner as district employees, unless waived in
13  writing by such volunteers or unless such volunteers otherwise
14  provide equivalent insurance.
15         (4)  Each water management district is authorized and
16  encouraged to enter into cooperative land management
17  agreements with state agencies or local governments to provide
18  for the coordinated and cost-effective management of lands to
19  which the water management districts, the Board of Trustees of
20  the Internal Improvement Trust Fund, or local governments hold
21  title.  Any such cooperative land management agreement must be
22  consistent with any applicable laws governing land use,
23  management duties, and responsibilities and procedures of each
24  cooperating entity.  Each cooperating entity is authorized to
25  expend such funds as are made available to it for land
26  management on any such lands included in a cooperative land
27  management agreement.
28         (5)  The following additional uses of lands acquired
29  pursuant to the Florida Forever program and other state-funded
30  land purchase programs shall be authorized, upon a finding by
31  the governing board, if they meet the criteria specified in
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  1  paragraphs (a)-(e): water resource development projects, water
  2  supply development projects, stormwater management projects,
  3  linear facilities, and sustainable agriculture and forestry.
  4  Such additional uses are authorized where:
  5         (a)  Not inconsistent with the management plan for such
  6  lands;
  7         (b)  Compatible with the natural ecosystem and resource
  8  values of such lands;
  9         (c)  The proposed use is appropriately located on such
10  lands and where due consideration is given to the use of other
11  available lands;
12         (d)  The using entity reasonably compensates the
13  titleholder for such use based upon an appropriate measure of
14  value; and
15         (e)  The use is consistent with the public interest.
16
17  A decision by the governing board pursuant to this subsection
18  shall be given a presumption of correctness.
19  Moneys received from the use of state lands pursuant to this
20  subsection shall be returned to the lead managing agency in
21  accordance with the provisions of s. 373.59.
22         (6)  The districts have the authority to adopt rules
23  that specify:  allowable activities on district-owned lands;
24  the amount of fees, licenses, or other charges for users of
25  district-owned lands; the application and reimbursement
26  process for payments in lieu of taxes; the use of volunteers
27  for management activities; and the processes related to
28  entering into or severing cooperative land management
29  agreements.  Rules promulgated pursuant to the subsection
30  shall become effective only after submitted to the President
31  of the Senate and Speaker of the House of Representatives for
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  1  review by the Legislature not later than 30 days prior to the
  2  next regular session.  In its review, the Legislature may
  3  reject, modify, or take no action relative to such rules.  The
  4  districts shall conform such rules to changes made by the
  5  Legislature, or, if no action is taken, such rules shall
  6  become effective.
  7         Section 35.  Section 373.146, Florida Statutes, is
  8  amended to read:
  9         373.146  Publication of notices, process, and papers.--
10         (1)  Whenever in this chapter the publication of any
11  notice, process, or paper is required or provided for, unless
12  otherwise provided by law, the publication thereof in some
13  newspaper or newspapers as defined in chapter 50 having
14  general circulation within the area to be affected shall be
15  taken and considered as being sufficient.
16         (2)  Notwithstanding any other provision of law to the
17  contrary, and except in the case of emergency meetings, water
18  management districts may provide reasonable notice of public
19  meetings held to evaluate responses to solicitations issued by
20  the water management district, by publication in a newspaper
21  of general paid circulation in the county where the principal
22  office of the water management district is located, or in the
23  county or counties where the public work will be performed, no
24  less than 7 days before such meeting.
25         Section 36.  Section 373.199, Florida Statutes, is
26  created to read:
27         373.199  Florida Forever Water Management District
28  Workplan.--
29         (1)  Over the years, the Legislature has created
30  numerous programs and funded several initiatives intended to
31  restore, conserve, protect, and manage Florida's water
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  1  resources and the lands and ecosystems associated with them.
  2  Although these programs and initiatives have yielded
  3  individual successes, the overall quality of Florida's water
  4  resources continues to degrade; natural systems associated
  5  with surface waters continue to be altered or have not been
  6  restored to a fully functioning level; and sufficient
  7  quantities of water for current and future reasonable
  8  beneficial uses and for natural systems remain in doubt.
  9         (2)  Therefore, in order to further the goals of the
10  Florida Forever Act each water management district shall
11  develop a 5-year workplan that identifies projects that meet
12  the criteria in subsections (3), (4), and (5).
13         (3)  In developing the list, each water management
14  district shall:
15         (a)  Integrate its existing surface water improvement
16  and management plans, Save Our Rivers land acquisition lists,
17  stormwater management projects, proposed water resource
18  development projects, proposed water body restoration
19  projects, and other properties or activities that would assist
20  in meeting the goals of Florida Forever.
21         (b)  Work cooperatively with the applicable ecosystem
22  management area teams and other citizen advisory groups, the
23  Department of Environmental Protection and its district
24  offices, the Department of Agriculture and Consumer Services,
25  the Fish and Wildlife Conservation Commission, the Department
26  of Community Affairs, the Department of Transportation, other
27  state agencies, and federal agencies, where applicable.
28         (4)  The list submitted by the districts shall include,
29  where applicable, the following information for each project:
30         (a)  A description of the water body system, its
31  historical and current uses, and its hydrology; a history of
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  1  the conditions which have led to the need for restoration or
  2  protection; and a synopsis of restoration efforts that have
  3  occurred to date, if applicable.
  4         (b)  An identification of all governmental units that
  5  have jurisdiction over the water body and its drainage basin
  6  within the approved surface water improvement and management
  7  plan area, including local, regional, state, and federal
  8  units.
  9         (c)  A description of land uses within the project
10  area's drainage basin, and of important tributaries, point and
11  nonpoint sources of pollution, and permitted discharge
12  activities associated with that basin.
13         (d)  A description of strategies and potential
14  strategies, including improved stormwater management, for
15  restoring or protecting the water body to Class III or better
16  surface water quality status.
17         (e)  A listing and synopsis of studies that are being
18  or have been prepared for the water body, stormwater
19  management project, or water resource development project.
20         (f)  A description of the measures needed to manage and
21  maintain the water body once it has been restored and to
22  prevent future degradation, to manage and maintain the
23  stormwater management system, or to manage and maintain the
24  water resource development project.
25         (g)  A schedule for restoration and protection of the
26  water body, implementation of the stormwater management
27  project, or development of the water resource development
28  project.
29         (h)  An estimate of the funding needed to carry out the
30  restoration, protection, or improvement project, or the
31
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  1  development of new water resources, where applicable, and the
  2  projected sources of the funding.
  3         (i)  Numeric performance measures for each project.
  4  Each performance measure shall include a baseline measurement,
  5  which is the current situation; a performance standard, which
  6  water management district staff anticipates the project will
  7  achieve; and the performance measurement itself, which should
  8  reflect the incremental improvements the project accomplishes
  9  towards achieving the performance standard. These measures
10  shall reflect the relevant goals detailed in s. 259.105(4).
11         (j)  A discussion of permitting and other regulatory
12  issues related to the project.
13         (k)  An identification of the proposed public access
14  for projects with land acquisition components.
15         (l)  An identification of those lands which require a
16  full fee simple interest to achieve water management goals and
17  those lands which can be acquired using alternatives to fee
18  simple acquisition techniques and still achieve such goals. In
19  their evaluation of which lands would be appropriate for
20  acquisition through alternatives to fee simple, district staff
21  shall consider criteria including, but not limited to,
22  acquisition costs, the net present value of future land
23  management costs, the net present value of advalorem revenue
24  loss to the local government, and potential for revenue
25  generated from activities compatible with acquisition
26  objectives.
27         (m)  An identification of lands needed to protect or
28  recharge groundwater and a plan for their acquisition as
29  necessary to protect potable water supplies. Lands which serve
30  to protect or recharge groundwater identified pursuant to this
31  paragraph shall also serve to protect other valuable natural
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  1  resources or provide space for natural resource based
  2  recreation.
  3         (5)  The list of projects shall indicate the relative
  4  significance of each project within the particular water
  5  management district's boundaries, and the schedule of
  6  activities and sums of money earmarked should reflect those
  7  rankings as much as possible over a 5-year planning horizon.
  8         (6)  Each district shall remove the property of an
  9  unwilling seller from its 5-year workplan at the next
10  scheduled update of the plan, if in receipt of a request to do
11  so by the property owner.
12         (7)  By January 1 of each year, each district shall
13  file with the Legislature and the Secretary of Environmental
14  Protection a report of acquisitions completed during the year
15  together with modifications or additions to its 5-year
16  workplan. Included in the report shall be:
17         (a)  A description of land management activity for each
18  property or project area owned by the water management
19  district.
20         (b)  A list of any lands surplused and the amount of
21  compensation received.
22
23  The secretary shall submit the report required pursuant to
24  this subsection along with the Florida Forever report required
25  under s. 259.105.
26         Section 37.  Subsection (6) of section 373.250, Florida
27  Statutes, is repealed;
28         373.250  Reuse of reclaimed water.--
29         (6)  Each water management district shall submit to the
30  Legislature, by June 1 of each year, an annual report which
31  describes the district's progress in promoting the reuse of
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  1  reclaimed water. The report shall include, but not be limited
  2  to:
  3         (a)  The number of permits issued during the year which
  4  required reuse of reclaimed water and, by categories, the
  5  percentages of reuse required.
  6         (b)  The number of permits issued during the year which
  7  did not require the reuse of reclaimed water and, of those
  8  permits, the number which reasonably could have required
  9  reuse.
10         (c)  In the second and subsequent annual reports, a
11  statistical comparison of reuse required through consumptive
12  use permitting between the current and preceding years.
13         (d)  A comparison of the volume of reclaimed water
14  available in the district to the volume of reclaimed water
15  required to be reused through consumptive use permits.
16         (e)  A comparison of the volume of reuse of reclaimed
17  water required in water resource caution areas through
18  consumptive use permitting to the volume required in other
19  areas in the district through consumptive use permitting.
20         (f)  An explanation of the factors the district
21  considered when determining how much, if any, reuse of
22  reclaimed water to require through consumptive use permitting.
23         (g)  A description of the district's efforts to work in
24  cooperation with local government and private domestic
25  wastewater treatment facilities to increase the reuse of
26  reclaimed water. The districts, in consultation with the
27  department, shall devise a uniform format for the report
28  required by this subsection and for presenting the information
29  provided in the report.
30         Section 38.  Section 373.59, Florida Statutes, 1998
31  Supplement, is amended to read:
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  1         373.59  Water Management Lands Trust Fund.--
  2         (1)  There is established within the Department of
  3  Environmental Protection the Water Management Lands Trust Fund
  4  to be used as a nonlapsing fund for the purposes of this
  5  section. The moneys in this fund are hereby continually
  6  appropriated for the purposes of land acquisition, management,
  7  maintenance, capital improvements of land titled to the
  8  districts, payments in lieu of taxes, debt service on bonds
  9  issued prior to July 1, 1999, preacquisition costs associated
10  with land purchases, and the department's costs of
11  administration of the fund.  The department's costs of
12  administration shall be charged proportionally against each
13  district's allocation using the formula provided in subsection
14  (8).  Capital improvements shall include, but need not be
15  limited to, perimeter fencing, signs, firelanes, control of
16  invasive exotic species, controlled burning, habitat inventory
17  and restoration, law enforcement, access roads and trails, and
18  minimal public accommodations, such as primitive campsites,
19  garbage receptacles, and toilets. administration of the fund
20  in accordance with the provisions of this section.
21         (2)(a)  Until the Preservation 2000 Program is
22  concluded, By January 15 of each year, each district shall
23  file with the Legislature and the Secretary of Environmental
24  Protection a report of acquisition activity, by January 15 of
25  each year together with modifications or additions to its
26  5-year plan of acquisition.  Included in the report shall be
27  an identification of those lands which require a full fee
28  simple interest to achieve water management goals and those
29  lands which can be acquired using alternatives to fee simple
30  acquisition techniques and still achieve such goals.  In their
31  evaluation of which lands would be appropriate for acquisition
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  1  through alternatives to fee simple, district staff shall
  2  consider criteria including, but not limited to, acquisition
  3  costs, the net present value of future land management costs,
  4  the net present value of ad valorem revenue loss to the local
  5  government, and the potential for revenue generated from
  6  activities compatible with acquisition objectives. The report
  7  shall also include a description of land management activity.
  8  Expenditure of moneys from the Water Management Lands Trust
  9  Fund shall be limited to the costs for acquisition,
10  management, maintenance, and capital improvements of lands
11  included within the 5-year plan as filed by each district and
12  to the department's costs of administration of the fund. The
13  department's costs of administration shall be charged
14  proportionally against each district's allocation using the
15  formula provided in subsection (7). However, no acquisition of
16  lands shall occur without a public hearing similar to those
17  held pursuant to the provisions set forth in s. 120.54. In the
18  annual update of its 5-year plan for acquisition, each
19  district shall identify lands needed to protect or recharge
20  groundwater and shall establish a plan for their acquisition
21  as necessary to protect potable water supplies. Lands which
22  serve to protect or recharge groundwater identified pursuant
23  to this paragraph shall also serve to protect other valuable
24  natural resources or provide space for natural resource based
25  recreation. Once all Preservation 2000 funds allocated to the
26  water management districts have been expended or committed,
27  this subsection shall be repealed.
28         (b)  Moneys from the fund shall be used for continued
29  acquisition, management, maintenance, and capital improvements
30  of the following lands and lands set forth in the 5-year land
31  acquisition plan of the district:
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  1         1.  By South Florida Water Management District--lands
  2  in the water conservation areas and areas adversely affected
  3  by raising water levels of Lake Okeechobee in accordance with
  4  present regulation schedules, and the Savannahs Wetland area
  5  in Martin County and St. Lucie County.
  6         2.  By Southwest Florida Water Management
  7  District--lands in the Four River Basins areas, including
  8  Green Swamp, Upper Hillsborough and Cypress Creek, Anclote
  9  Water Storage Lands (Starkey), Withlacoochee and Hillsborough
10  riverine corridors, and Sawgrass Lake addition.
11         3.  By St. Johns River Water Management
12  District--Seminole Ranch, Latt Maxey and Evans properties in
13  the upper St. Johns River Basin.
14         4.  By Suwannee River Water Management District--lands
15  in Suwannee River Valley.
16         5.  By Northwest Florida Water Management
17  District--lands in the Choctawhatchee and Apalachicola River
18  Valleys.
19         (3)  Each district shall remove the property of an
20  unwilling seller from its plan of acquisition at the next
21  scheduled update of the plan, if in receipt of a request to do
22  so by the property owner. This subsection shall be repealed at
23  the conclusion of the Preservation 2000 program.
24         (4)(a)  Moneys from the Water Management Lands Trust
25  Fund shall be used for acquiring the fee or other interest in
26  lands necessary for water management, water supply, and the
27  conservation and protection of water resources, except that
28  such moneys shall not be used for the acquisition of
29  rights-of-way for canals or pipelines.  Such moneys shall also
30  be used for management, maintenance, and capital improvements.
31  Interests in real property acquired by the districts under
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  1  this section may be used for permittable water resource
  2  development and water supply development purposes under the
  3  following conditions: the minimum flows and levels of priority
  4  water bodies on such lands have been established; the project
  5  complies with all conditions for issuance of a permit under
  6  part II of this chapter; and the project is compatible with
  7  the purposes for which the land was acquired.  Lands acquired
  8  with moneys from the fund shall be managed and maintained in
  9  an environmentally acceptable manner and, to the extent
10  practicable, in such a way as to restore and protect their
11  natural state and condition.
12         (4)(b)  The Secretary of Environmental Protection shall
13  release moneys from the Water Management Lands Trust Fund to a
14  district for preacquisition costs within 30 days after receipt
15  of a resolution adopted by the district's governing board
16  which identifies and justifies any such preacquisition costs
17  necessary for the purchase of any lands listed in the
18  district's 5-year plan. The district shall return to the
19  department any funds not used for the purposes stated in the
20  resolution, and the department shall deposit the unused funds
21  into the Water Management Lands Trust Fund.
22         (c)  The Secretary of Environmental Protection shall
23  release acquisition moneys from the Water Management Lands
24  Trust Fund to a district following receipt of a resolution
25  adopted by the governing board identifying the lands being
26  acquired and certifying that such acquisition is consistent
27  with the plan of acquisition and other provisions of this act.
28  The governing board shall also provide to the Secretary of
29  Environmental Protection a copy of all certified appraisals
30  used to determine the value of the land to be purchased. Each
31  parcel to be acquired must have at least one appraisal. Two
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  1  appraisals are required when the estimated value of the parcel
  2  exceeds $500,000. However, when both appraisals exceed
  3  $500,000 and differ significantly, a third appraisal may be
  4  obtained. If the purchase price is greater than the appraisal
  5  price, the governing board shall submit written justification
  6  for the increased price. The Secretary of Environmental
  7  Protection may withhold moneys for any purchase that is not
  8  consistent with the 5-year plan or the intent of this act or
  9  that is in excess of appraised value. The governing board may
10  appeal any denial to the Land and Water Adjudicatory
11  Commission pursuant to s. 373.114.
12         (5)(d)  The Secretary of Environmental Protection shall
13  release to the districts moneys for management, maintenance,
14  and capital improvements following receipt of a resolution and
15  request adopted by the governing board which specifies the
16  designated managing agency, specific management activities,
17  public use, estimated annual operating costs, and other
18  acceptable documentation to justify release of moneys.
19         (5)  Water management land acquisition costs shall
20  include payments to owners and costs and fees associated with
21  such acquisition.
22         (6)  If a district issues revenue bonds or notes under
23  s. 373.584 prior to July 1, 1999, the district may pledge its
24  share of the moneys in the Water Management Lands Trust Fund
25  as security for such bonds or notes. The Department of
26  Environmental Protection shall pay moneys from the trust fund
27  to a district or its designee sufficient to pay the debt
28  service, as it becomes due, on the outstanding bonds and notes
29  of the district; however, such payments shall not exceed the
30  district's cumulative portion of the trust fund. However, any
31  moneys remaining after payment of the amount due on the debt
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  1  service shall be released to the district pursuant to
  2  subsection (5) (3).
  3         (7)  Any unused portion of a district's share of the
  4  fund shall accumulate in the trust fund to the credit of that
  5  district.  Interest earned on such portion shall also
  6  accumulate to the credit of that district to be used for land
  7  acquisition, management, maintenance, and capital improvements
  8  as provided in this section.  The total moneys over the life
  9  of the fund available to any district under this section shall
10  not be reduced except by resolution of the district governing
11  board stating that the need for the moneys no longer exists.
12  Any water management district with fund balances in the Water
13  Management Lands Trust Fund as of March 1, 1999, may expend
14  those funds for land acquisitions pursuant to s. 373.139, or
15  for the purpose specified in this subsection.
16         (8)  Moneys from the Water Management Lands Trust Fund
17  shall be allocated to the five water management districts in
18  the following percentages:
19         (a)  Thirty percent to the South Florida Water
20  Management District.
21         (b)  Twenty-five percent to the Southwest Florida Water
22  Management District.
23         (c)  Twenty-five percent to the St. Johns River Water
24  Management District.
25         (d)  Ten percent to the Suwannee River Water Management
26  District.
27         (e)  Ten percent to the Northwest Florida Water
28  Management District.
29         (9)  Each district may use its allocation under
30  subsection (8) for management, maintenance, and capital
31  improvements. Capital improvements shall include, but need not
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  1  be limited to, perimeter fencing, signs, firelanes, control of
  2  invasive exotic species, controlled burning, habitat inventory
  3  and restoration, law enforcement, access roads and trails, and
  4  minimal public accommodations, such as primitive campsites,
  5  garbage receptacles, and toilets.
  6         (9)(10)  Moneys in the fund not needed to meet current
  7  obligations incurred under this section shall be transferred
  8  to the State Board of Administration, to the credit of the
  9  fund, to be invested in the manner provided by law.  Interest
10  received on such investments shall be credited to the fund.
11         (11)  Lands acquired for the purposes enumerated in
12  this section shall also be used for general public
13  recreational purposes.  General public recreational purposes
14  shall include, but not be limited to, fishing, hunting,
15  horseback riding, swimming, camping, hiking, canoeing,
16  boating, diving, birding, sailing, jogging, and other related
17  outdoor activities to the maximum extent possible considering
18  the environmental sensitivity and suitability of those lands.
19  These public lands shall be evaluated for their resource value
20  for the purpose of establishing which parcels, in whole or in
21  part, annually or seasonally, would be conducive to general
22  public recreational purposes. Such findings shall be included
23  in management plans which are developed for such public lands.
24  These lands shall be made available to the public for these
25  purposes, unless the district governing board can demonstrate
26  that such activities would be incompatible with the purposes
27  for which these lands were acquired. For any fee simple
28  acquisition of a parcel which is or will be leased back for
29  agricultural purposes, or for any acquisition of a
30  less-than-fee interest in land that is or will be used for
31  agricultural purposes, the district governing board shall
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  1  first consider having a soil and water conservation district
  2  created pursuant to chapter 582 manage and monitor such
  3  interest.
  4         (10)(a)  Beginning July 1, 1999, not more than
  5  one-fourth of the land management funds provided for in
  6  subsections (1) and (8) in any year shall be reserved annually
  7  by a governing board, during the development of its annual
  8  operating budget, for payments in lieu of taxes for all actual
  9  tax losses incurred as a result of governing board
10  acquisitions for water management districts under the Florida
11  Forever program during any year. Reserved funds not used for
12  payments in lieu of taxes in any year shall revert to the
13  Water Management Lands Trust Fund to be used in accordance
14  with the provisions of this section.
15         (b)  Payment in lieu of taxes shall be available:
16         1.  To all counties that have a population of 150,000
17  or less and in which the amount of tax loss from all completed
18  Preservation 2000 and Florida Forever acquisitions in the
19  county exceeds 0.01 percent of the county's total taxable
20  value. Population levels shall be determined pursuant to s.
21  11.031
22         2.  To all local governments located in eligible
23  counties and whose lands are bought and taken off the tax
24  rolls.
25
26  For the purposes of this subsection, "local government"
27  includes municipalities, the county school board, mosquito
28  control districts, and any other local government entity which
29  levies ad valorem taxes.
30         (c)  If insufficient funds are available in any year to
31  make full payments to all qualifying counties and local
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  1  governments, such counties and local governments shall receive
  2  a pro rata share of the moneys available.
  3         (d)  The payment amount shall be based on the average
  4  amount of actual taxes paid on the property for the 3 years
  5  preceding acquisition. Applications for payment in lieu of
  6  taxes shall be made no later than January 31 of the year
  7  following acquisition. No payment in lieu of taxes shall be
  8  made for properties which were exempt from ad valorem taxation
  9  for the year immediately preceding acquisition.  If property
10  that was subject to ad valorem taxation was acquired by a
11  tax-exempt entity for ultimate conveyance to the state under
12  this chapter, payment in lieu of taxes shall be made for such
13  property based upon the average amount of taxes paid on the
14  property for the 3 years prior to its being removed from the
15  tax rolls. The water management districts shall certify to the
16  Department of Revenue those properties that may be eligible
17  under this provision. Once eligibility has been established,
18  that governmental entity shall receive 10 consecutive annual
19  payments for each tax loss, and no further eligibility
20  determination shall be made during that period.
21         (e)  Payment in lieu of taxes pursuant to this
22  subsection shall be made annually to qualifying counties and
23  local governments after certification by the Department of
24  Revenue that the amounts applied for are reasonably
25  appropriate, based on the amount of actual taxes paid on the
26  eligible property, and after the water management districts
27  have provided supporting documents to the Comptroller and have
28  requested that payment be made in accordance with the
29  requirements of this section.
30         (f)  If a water management district conveys to a county
31  or local government title to any land owned by the district,
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  1  any payments in lieu of taxes on the land made to the county
  2  or local government shall be discontinued as of the date of
  3  the conveyance.
  4         (12)  A district may dispose of land acquired under
  5  this section, pursuant to s. 373.056 or s. 373.089.  However,
  6  revenue derived from such disposal may not be used for any
  7  purpose except the purchase of other lands meeting the
  8  criteria specified in this section or payment of debt service
  9  on revenue bonds or notes issued under s. 373.584, as provided
10  in this section.
11         (13)  No moneys generated pursuant to this act may be
12  applied or expended subsequent to July 1, 1985, to reimburse
13  any district for prior expenditures for land acquisition from
14  ad valorem taxes or other funds other than its share of the
15  funds provided herein or to refund or refinance outstanding
16  debt payable solely from ad valorem taxes or other funds other
17  than its share of the funds provided herein.
18         (14)(a)  Beginning in fiscal year 1992-1993, not more
19  than one-fourth of the land management funds provided for in
20  subsections (1) and (9) in any year shall be reserved annually
21  by a governing board, during the development of its annual
22  operating budget, for payment in lieu of taxes to qualifying
23  counties for actual ad valorem tax losses incurred as a result
24  of lands purchased with funds allocated pursuant to s.
25  259.101(3)(b). In addition, the Northwest Florida Water
26  Management District, the South Florida Water Management
27  District, the Southwest Florida Water Management District, the
28  St. Johns River Water Management District, and the Suwannee
29  River Water Management District shall pay to qualifying
30  counties payments in lieu of taxes for district lands acquired
31  with funds allocated pursuant to subsection (8). Reserved
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  1  funds that are not used for payment in lieu of taxes in any
  2  year shall revert to the fund to be used for management
  3  purposes or land acquisition in accordance with this section.
  4         (b)  Payment in lieu of taxes shall be available to
  5  counties for each year in which the levy of ad valorem tax is
  6  at least 8.25 mills or the amount of the tax loss from all
  7  completed Preservation 2000 acquisitions in the county exceeds
  8  0.01 percent of the county's total taxable value, and the
  9  population is 75,000 or less and to counties with a population
10  of less than 100,000 which contain all or a portion of an area
11  of critical state concern designated pursuant to chapter 380.
12         (c)  If insufficient funds are available in any year to
13  make full payments to all qualifying counties, such counties
14  shall receive a 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. For lands purchased prior
18  to July 1, 1992, applications for payment in lieu of taxes
19  shall be made to the districts by January 1, 1993. For lands
20  purchased after July 1, 1992, applications for payment in lieu
21  of taxes shall be made no later than January 31 of the year
22  following acquisition.  No payment in lieu of taxes shall be
23  made for properties which were exempt from ad valorem taxation
24  for the year immediately preceding acquisition.  Payment in
25  lieu of taxes shall be limited to a period of 10 consecutive
26  years of annual payments.
27         (e)  Payment in lieu of taxes shall be made within 30
28  days after: certification by the Department of Revenue that
29  the amounts applied for are appropriate, certification by the
30  Department of Environmental Protection that funds are
31  available, and completion of any fund transfers to the
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  1  district. The governing board may reduce the amount of a
  2  payment in lieu of taxes to any county by the amount of other
  3  payments, grants, or in-kind services provided to that county
  4  by the district during the year. The amount of any reduction
  5  in payments shall remain in the Water Management Lands Trust
  6  Fund for purposes provided by law.
  7         (f)  If a district governing board conveys to a local
  8  government title to any land owned by the board, any payments
  9  in lieu of taxes on the land made to the local government
10  shall be discontinued as of the date of the conveyance.
11         (15)  Each district is encouraged to use volunteers to
12  provide land management and other services.  Volunteers shall
13  be covered by liability protection and workers' compensation
14  in the same manner as district employees, unless waived in
15  writing by such volunteers or unless such volunteers otherwise
16  provide equivalent insurance.
17         (16)  Each water management district is authorized and
18  encouraged to enter into cooperative land management
19  agreements with state agencies or local governments to provide
20  for the coordinated and cost-effective management of lands to
21  which the water management districts, the Board of Trustees of
22  the Internal Improvement Trust Fund, or local governments hold
23  title. Any such cooperative land management agreement must be
24  consistent with any applicable laws governing land use,
25  management duties, and responsibilities and procedures of each
26  cooperating entity. Each cooperating entity is authorized to
27  expend such funds as are made available to it for land
28  management on any such lands included in a cooperative land
29  management agreement.
30         (11)(17)  Notwithstanding any provision of this section
31  to the contrary and for the 1998-1999 fiscal year only, the
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  1  governing board of a water management district may request,
  2  and the Secretary of Environmental Protection shall release
  3  upon such request, moneys allocated to the districts pursuant
  4  to subsection (8) for the purpose of carrying out the purposes
  5  provisions of s. 373.0361, s. 375.0831, s. 373.139, or ss.
  6  373.451-373.4595. No funds may be used pursuant to this
  7  subsection until necessary debt service obligations, and
  8  requirements for payments in lieu of taxes and land management
  9  obligations that may be required by this chapter pursuant to
10  this section are provided for. This subsection is repealed on
11  July 1, 1999.
12         Section 39.  Section 375.075, Florida Statutes, is
13  amended to read:
14         375.075  Outdoor recreation; financial assistance to
15  local governments.--
16         (1)  The Department of Environmental Protection is
17  authorized, pursuant to s. 370.023, to establish the Florida
18  Recreation Development Assistance Program to provide grants to
19  qualified local governmental entities to acquire or develop
20  land for public outdoor recreation purposes. To the extent not
21  needed for debt service on bonds issued pursuant to s.
22  375.051, each fiscal year through fiscal year 2000-2001, the
23  department shall develop and plan a program which shall be
24  based upon funding of not less than 5 percent of the money
25  credited to the Land Acquisition Trust Fund pursuant to s.
26  201.15(2) and (3) in that year. Beginning fiscal year
27  2001-2002, the department shall develop and plan a program
28  which shall be based upon funding provided from the Florida
29  Forever Trust Fund pursuant to s. 259.105(3)(c).
30         (2)(a)  The department shall adopt, by rule, procedures
31  to govern the program, which shall include, but need not be
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  1  limited to, a competitive project selection process designed
  2  to maximize the outdoor recreation benefit to the public.
  3         (b)  Selection criteria shall, at a minimum, rank:
  4         1.  The extent to which the project would implement the
  5  outdoor recreation goals, objectives, and priorities specified
  6  in the state comprehensive outdoor recreation plan; and
  7         2.  The extent to which the project would provide for
  8  priority resource or facility needs in the region as specified
  9  in the state comprehensive outdoor recreation plan.
10         (c)  No release of funds from the Land Acquisition
11  Trust Fund, or from the Florida Forever Trust Fund beginning
12  in fiscal year 2001-2002, for this program may be made for
13  these public recreation projects until the projects have been
14  selected through the competitive selection process provided
15  for in this section.
16         (3)  A local government may submit up to two grant
17  applications during each application period announced by the
18  department.  However, a local government may not have more
19  than three active projects expending grant funds during any
20  state fiscal year.  The maximum project grant for each project
21  application may not exceed $200,000 in state funds.
22         Section 40.  Subsection (13) of section 380.0666,
23  Florida Statutes, is amended to read:
24         380.0666  Powers of land authority.--The land authority
25  shall have all the powers necessary or convenient to carry out
26  and effectuate the purposes and provisions of this act,
27  including the following powers, which are in addition to all
28  other powers granted by other provisions of this act:
29         (13)  To identify parcels of land within the area or
30  areas of critical state concern that would be appropriate
31  acquisitions by the state from the Conservation and
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  1  Recreational Lands Trust Fund and recommend such acquisitions
  2  to the advisory council established pursuant to s. 259.035 or
  3  its successor.
  4         Section 41.  Subsection (8) of section 380.0677,
  5  Florida Statutes, is amended to read:
  6         380.0677  Green Swamp Land Authority.--
  7         (8)  APPROPRIATIONS.--From funds appropriated to the
  8  Department of Environmental Protection for land acquisition
  9  from the Conservation and Recreation Lands Trust Fund for
10  fiscal years 1994-1995, 1995-1996, and 1996-1997, $4 million
11  shall be reserved each fiscal year to carry out the purposes
12  of this section. To the extent practicable, moneys
13  appropriated from the Conservation and Recreation Lands Trust
14  Fund, Save Our Rivers Trust Fund, and Florida Communities
15  Trust Fund shall be used to acquire lands, or interests or
16  rights in lands, on the Conservation and Recreation Lands,
17  Save Our Rivers, or Florida Communities Trust land acquisition
18  plans or lists, as defined in s. 259.035, or a land
19  acquisition plan under s. 373.59 or s. 380.508.  However,
20  nothing in this subsection prohibits the Green Swamp Land
21  Authority from entering into land protection agreements with
22  any property owner whose property is not on any of such lists.
23  From sums appropriated to the Department of Environmental
24  Protection from the Water Management District Lands Trust Fund
25  for fiscal years 1994-1995, 1995-1996, and 1996-1997, $3
26  million shall be reserved each fiscal year to carry out the
27  purposes of this section. Such amounts as are used from the
28  Water Management District Lands Trust Fund shall be credited
29  against the allocations as provided in s. 373.59 to the St.
30  Johns River Water Management District or the Southwest Florida
31  Water Management District in proportion to the amount of lands
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  1  for which an interest was acquired, and shall not be required
  2  by a district for debt service payments or land management
  3  purposes. From funds appropriated to the Department of
  4  Community Affairs for the Florida Communities Trust Program
  5  from the Preservation 2000 Trust Fund for fiscal years
  6  1994-1995 through 1999-2000, $3 million shall be reserved each
  7  fiscal year to carry out the purposes of this section.
  8  Appropriations identified pursuant to this subsection shall
  9  fund the acquisition of lands, or the interests or rights in
10  lands, and related costs of acquisition. Such funds shall be
11  available for expenditure after the land authority has adopted
12  rules to begin its program. Funds reserved pursuant to this
13  subsection, for each of the referenced fiscal years, shall
14  remain available for the purposes specified in this subsection
15  for 24 12 months from the date on which such funds become
16  available for disbursement.  After such time has elapsed, any
17  funds which are not legally obligated for expenditure shall be
18  released for the lawful purposes for which they were otherwise
19  appropriated.
20         Section 42.  Subsection (4) of section 380.22, Florida
21  Statutes, 1998 Supplement, is amended to read:
22         380.22  Lead agency authority and duties.--
23         (4)  The department shall establish a county-based
24  process for identifying, and setting priorities for acquiring,
25  coastal properties in coordination with the Land Acquisition
26  and Management Advisory Council, or its successor, and the
27  Coastal Resources Interagency Management Committee so these
28  properties may be acquired as part of the state's land
29  acquisition programs.  This process shall include the
30  establishment of criteria for prioritizing coastal
31  acquisitions which, in addition to recognizing pristine
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  1  coastal properties and coastal properties of significant or
  2  important environmental sensitivity, recognize hazard
  3  mitigation, beach access, beach management, urban recreation,
  4  and other policies necessary for effective coastal management.
  5         Section 43.  Section 380.503, Florida Statutes, is
  6  amended to read:
  7         380.503  Definitions.--As used in ss. 380.501-380.515,
  8  unless the context indicates a different meaning or intent:
  9         (1)(4)  "Comprehensive plan" means a plan that meets
10  the requirements of ss. 163.3177, 163.3178, and 163.3191.
11         (2)(13)  "Department" means the Department of Community
12  Affairs.
13         (3)(2)  "Local government" means a county or
14  municipality.
15         (4)  "Metropolitan" means a population area consisting
16  of a central city with adjacent cities and smaller surrounding
17  communities: a major urban area and its environs.
18         (5)(3)  "Nonprofit organization" means any private
19  nonprofit organization, existing under the provisions of s.
20  501(c)(3) of the United States Internal Revenue Code, which
21  has among its principal goals the conservation of natural
22  resources or protection of the environment.
23         (6)(14)  "Program" means a plan that is established or
24  will be established by a local government to create innovative
25  approaches that will assist in the implementation of the
26  conservation, recreation and open space, or coastal management
27  elements of the local comprehensive plan, such as a transfer
28  of development rights program or an environmental or
29  recreational land acquisition program.
30
31
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  1         (7)(5)  "Project" means any work on, improvement to, or
  2  acquisition of real property, buildings, or any other
  3  property.
  4         (8)(10)  "Public access project" means action taken
  5  pursuant to this part to create or improve public accessways
  6  to surface waters.
  7         (9)(6)  "Real property" means any interest in land and
  8  may also include any appurtenances and improvements to the
  9  land.
10         (10)(8)  "Redevelopment project" means action taken
11  pursuant to this part to correct undesirable development
12  patterns.
13         (11)(9)  "Resource enhancement project" means action
14  taken pursuant to this part to restore, as nearly as possible,
15  degraded natural areas to their original condition or to
16  enhance the resource values of a natural area.
17         (12)  "Site reservation" means temporarily acquiring
18  and holding areas identified for public use, then transferring
19  the land to an appropriate state agency, local government, or
20  nonprofit organization for management for public use.
21         (13)(7)  "Surface waters" means publicly owned waters
22  upon the surface of the earth, whether contained in bounds
23  created naturally or artificially or diffused.
24         (14)(1)  "Trust" means the Florida Communities Trust
25  created pursuant to this part.
26         (15)  "Urban area" means an area of or for development
27  characterized by social, economic, and institutional
28  activities that are predominantly based on the manufacture,
29  production, distribution, or provision of goods and services,
30  in a setting that typically includes residential and
31
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  1  nonresidential development uses other than those
  2  characteristic of rural areas.
  3         (16)(15)  "Urban greenways and open space project"
  4  means action taken pursuant to this part to acquire lands or
  5  interest in lands to create a linear open space protected and
  6  managed as part of linked conservation lands or recreational
  7  opportunities in an urban area, or to preserve open space or
  8  historic sites to enhance recreational and cultural
  9  opportunities in an urban area.
10         (17)(11)  "Urban waterfront restoration project" means
11  action taken pursuant to this part to restore deteriorated or
12  deteriorating urban waterfronts for public use and enjoyment.
13         Section 44.  Subsection (1) of section 380.504, Florida
14  Statutes, is amended to read:
15         380.504  Florida Communities Trust; creation;
16  membership; expenses.--
17         (1)  There is created within the Department of
18  Community Affairs a nonregulatory state agency and
19  instrumentality, which shall be a public body corporate and
20  politic, known as the "Florida Communities Trust." The
21  governing body of the trust shall consist of:
22         (a)  The Secretary of Community Affairs and the
23  Secretary of Environmental Protection; and
24         (b)  Four Three public members whom the Governor shall
25  appoint subject to Senate confirmation.
26
27  The Governor shall appoint a former elected official of a
28  county local government, a former elected official of a
29  metropolitan municipal government, a representative of a
30  nonprofit organization as defined in this part, and a
31  representative of the development industry. The Secretary of
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  1  Community Affairs may designate his or her assistant secretary
  2  or the director of the Division of Community Resource Planning
  3  and Management to serve in his or her absence. The Secretary
  4  of Environmental Protection may appoint his or her deputy
  5  secretary assistant executive director, the deputy assistant
  6  director for Land Resources, the director of the Division of
  7  State Lands, or the director of the Division of Recreation and
  8  Parks to serve in his or her absence. The Secretary of
  9  Community Affairs shall be the chair of the governing body of
10  the trust. The Governor shall make his or her appointments
11  upon the expiration of any current terms or within 60 days
12  after the effective date of the resignation of any member.
13         Section 45.  Section 380.505, Florida Statutes, is
14  amended to read:
15         380.505  Meetings; quorum; voting.--The powers of the
16  trust shall be vested in its governing body members.  The
17  governing body may delegate such powers to department staff as
18  it deems necessary.  Four Three members of the governing body
19  shall constitute a quorum for the purpose of conducting its
20  business and exercising its powers and for all other purposes.
21  However, the governing body may take action only upon an
22  affirmative vote of at least four three members.  The
23  governing body shall meet at least quarterly, and may meet
24  more often at the call of the chair or upon an affirmative
25  vote of three members.
26         Section 46.  Subsections (4) and (11) of section
27  380.507, Florida Statutes, are amended to read:
28         380.507  Powers of the trust.--The trust shall have all
29  the powers necessary or convenient to carry out the purposes
30  and provisions of this part, including:
31
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  1         (4)  To acquire and dispose of real and personal
  2  property or any interest therein when necessary or appropriate
  3  to protect the natural environment, provide public access or
  4  public recreational facilities, preserve wildlife habitat
  5  areas, provide access for managing acquired lands, or
  6  otherwise carry out the purposes of this part.  If the trust
  7  acquires land for permanent state ownership, title to such
  8  land shall be vested in the Board of Trustees of the Internal
  9  Improvement Trust Fund; otherwise, title to property acquired
10  in partnership with a county or municipality shall vest in the
11  name of the local government. Notwithstanding any other
12  provision of law, the trust may enter into an option agreement
13  to purchase lands included in projects approved according to
14  this part, when necessary to reserve lands during the
15  preparation of project plans and during acquisition
16  proceedings. The consideration for an option shall not exceed
17  $100,000.
18         (11)  To make rules necessary to carry out the purposes
19  of this part and to exercise any power granted in this part,
20  pursuant to the provisions of chapter 120. The trust shall
21  adopt rules governing the acquisition of lands by local
22  governments or the trust using proceeds from the Preservation
23  2000 Trust Fund and the Florida Forever Trust Fund, consistent
24  with the intent expressed in the Florida Forever Act. Such
25  rules must include, but are not limited to, procedures for
26  appraisals and confidentiality consistent with ss.
27  125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of
28  determining a maximum purchase price, and procedures to assure
29  that the land is acquired in a voluntarily negotiated
30  transaction, surveyed, conveyed with marketable title, and
31  examined for hazardous materials contamination. Land
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  1  acquisition procedures of a local land authority created
  2  pursuant to s. 380.0663 or s. 380.0677 may shall be used for
  3  the land acquisition programs described by ss. s.
  4  259.101(3)(c) and 259.105 if within areas of critical state
  5  concern designated pursuant to s. 380.05, subject to approval
  6  of the trust.
  7         Section 47.  Subsection (7) of section 380.510, Florida
  8  Statutes, is amended to read:
  9         380.510  Conditions of grants and loans.--
10         (7)  Any funds received by the trust from the
11  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and
12  the Florida Forever Trust Fund pursuant to s. 259.105(3)(c)
13  shall be held separate and apart from any other funds held by
14  the trust and shall be used only to pay the cost of the
15  acquisition of lands by a local government or the state for
16  the purposes of this part. Such funds may not be used to pay
17  for a redevelopment project or an urban waterfront restoration
18  project or for site reservation except to acquire lands to
19  help implement the goals, objectives, and policies of the
20  coastal, the conservation, or recreation and open space
21  elements of the local comprehensive plan.  In addition to the
22  other conditions set forth in this section, the disbursement
23  of Preservation 2000 and Florida Forever funds from the trust
24  shall be subject to the following conditions:
25         (a)  The administration and use of any funds received
26  by the trust from the Preservation 2000 Trust Fund and the
27  Florida Forever Trust Fund shall be subject to such terms and
28  conditions imposed thereon by the agency of the state
29  responsible for the revenue bonds, the proceeds of which are
30  deposited in the Preservation 2000 Trust Fund and the Florida
31  Forever Trust Fund, including restrictions imposed to ensure
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  1  that the interest on any such revenue bonds issued by the
  2  state as tax-exempt revenue bonds will not be included in the
  3  gross income of the holders of such bonds for federal income
  4  tax purposes.
  5         (b)  All deeds or leases with respect to any real
  6  property acquired with funds received by the trust from the
  7  Preservation 2000 Trust Fund shall contain such covenants and
  8  restrictions as are sufficient to ensure that the use of such
  9  real property at all times complies with s. 375.051 and s. 9,
10  Art. XII of the State Constitution. All deeds or leases with
11  respect to any real property acquired with funds received by
12  the trust from the Florida Forever Trust Fund shall contain
13  such covenants and restrictions as are sufficient to ensure
14  that the use of such real property at all times complies with
15  s. 11(e), Art. VII of the State Constitution. Each deed or
16  lease shall contain a reversion, conveyance, or termination
17  clause that will vest title in the Board of Trustees of the
18  Internal Improvement Trust Fund if any of the covenants or
19  restrictions are violated by the titleholder or leaseholder or
20  by some third party with the knowledge of the titleholder or
21  leaseholder.
22         Section 48.  Effective July 1, 2001, subsections (5)
23  and (6) of section 420.5092, Florida Statutes, are amended to
24  read:
25         420.5092  Florida Affordable Housing Guarantee
26  Program.--
27         (5)  Pursuant to s. 16, Art. VII of the State
28  Constitution, the corporation may issue, in accordance with s.
29  420.509, revenue bonds of the corporation to establish the
30  guarantee fund.  Such revenue bonds shall be primarily payable
31  from and secured by annual debt service reserves, from
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  1  interest earned on funds on deposit in the guarantee fund,
  2  from fees, charges, and reimbursements established by the
  3  corporation for the issuance of affordable housing guarantees,
  4  and from any other revenue sources received by the corporation
  5  and deposited by the corporation into the guarantee fund for
  6  the issuance of affordable housing guarantees.  To the extent
  7  such primary revenue sources are considered insufficient by
  8  the corporation, pursuant to the certification provided in
  9  subsection (6), to fully fund the annual debt service reserve,
10  the certified deficiency in such reserve shall be additionally
11  payable from the first proceeds of the documentary stamp tax
12  moneys deposited into the State Housing Trust Fund pursuant to
13  s. 201.15(9)(6)(a) and (10)(7)(a) during the ensuing state
14  fiscal year.
15         (6)(a)  If the primary revenue sources to be used for
16  repayment of revenue bonds used to establish the guarantee
17  fund are insufficient for such repayment, the annual principal
18  and interest due on each series of revenue bonds shall be
19  payable from funds in the annual debt service reserve.  The
20  corporation shall, before June 1 of each year, perform a
21  financial audit to determine whether at the end of the state
22  fiscal year there will be on deposit in the guarantee fund an
23  annual debt service reserve from interest earned pursuant to
24  the investment of the guarantee fund, fees, charges, and
25  reimbursements received from issued affordable housing
26  guarantees and other revenue sources available to the
27  corporation. Based upon the findings in such guarantee fund
28  financial audit, the corporation shall certify to the
29  Comptroller the amount of any projected deficiency in the
30  annual debt service reserve for any series of outstanding
31  bonds as of the end of the state fiscal year and the amount
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  1  necessary to maintain such annual debt service reserve. Upon
  2  receipt of such certification, the Comptroller shall transfer
  3  to the annual debt service reserve, from the first available
  4  taxes distributed to the State Housing Trust Fund pursuant to
  5  s. 201.15(9)(6)(a) and (10)(7)(a) during the ensuing state
  6  fiscal year, the amount certified as necessary to maintain the
  7  annual debt service reserve.
  8         (b)  If the claims payment obligations under affordable
  9  housing guarantees from amounts on deposit in the guarantee
10  fund would cause the claims paying rating assigned to the
11  guarantee fund to be less than the third-highest rating
12  classification of any nationally recognized rating service,
13  which classifications being consistent with s. 215.84(3) and
14  rules adopted thereto by the State Board of Administration,
15  the corporation shall certify to the Comptroller the amount of
16  such claims payment obligations. Upon receipt of such
17  certification, the Comptroller shall transfer to the guarantee
18  fund, from the first available taxes distributed to the State
19  Housing Trust Fund pursuant to s. 201.15(9)(6)(a) and
20  (10)(7)(a) during the ensuing state fiscal year, the amount
21  certified as necessary to meet such obligations, such transfer
22  to be subordinate to any transfer referenced in paragraph (a)
23  and not to exceed 50 percent of the amounts distributed to the
24  State Housing Trust Fund pursuant to s. 201.15(9)(6)(a) and
25  (10)(7)(a) during the preceding state fiscal year.
26         Section 49.  Effective July 1, 2001, section 420.9073,
27  Florida Statutes, 1998 Supplement, is amended to read:
28         420.9073  Local housing distributions.--
29         (1)  Distributions calculated in this section shall be
30  disbursed on a monthly basis by the agency beginning the first
31  day of the month after program approval pursuant to s.
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  1  420.9072.  Each county's share of the funds to be distributed
  2  from the portion of the funds in the Local Government Housing
  3  Trust Fund received pursuant to s. 201.15(9)(6) shall be
  4  calculated by the agency for each fiscal year as follows:
  5         (a)  Each county other than a county that has
  6  implemented the provisions of chapter 83-220, Laws of Florida,
  7  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  8  Florida, shall receive the guaranteed amount for each fiscal
  9  year.
10         (b)  Each county other than a county that has
11  implemented the provisions of chapter 83-220, Laws of Florida,
12  as amended by chapters 84-270, 86-152, and 89-252, Laws of
13  Florida, may receive an additional share calculated as
14  follows:
15         1.  Multiply each county's percentage of the total
16  state population excluding the population of any county that
17  has implemented the provisions of chapter 83-220, Laws of
18  Florida, as amended by chapters 84-270, 86-152, and 89-252,
19  Laws of Florida, by the total funds to be distributed.
20         2.  If the result in subparagraph 1. is less than the
21  guaranteed amount as determined in subsection (3), that
22  county's additional share shall be zero.
23         3.  For each county in which the result in subparagraph
24  1. is greater than the guaranteed amount as determined in
25  subsection (3), the amount calculated in subparagraph 1. shall
26  be reduced by the guaranteed amount.  The result for each such
27  county shall be expressed as a percentage of the amounts so
28  determined for all counties.  Each such county shall receive
29  an additional share equal to such percentage multiplied by the
30  total funds received by the Local Government Housing Trust
31
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  1  Fund pursuant to s. 201.15(9)(6) reduced by the guaranteed
  2  amount paid to all counties.
  3         (2)  Effective July 1, 1995, distributions calculated
  4  in this section shall be disbursed on a monthly basis by the
  5  agency beginning the first day of the month after program
  6  approval pursuant to s. 420.9072.  Each county's share of the
  7  funds to be distributed from the portion of the funds in the
  8  Local Government Housing Trust Fund received pursuant to s.
  9  201.15(10)(7) shall be calculated by the agency for each
10  fiscal year as follows:
11         (a)  Each county shall receive the guaranteed amount
12  for each fiscal year.
13         (b)  Each county may receive an additional share
14  calculated as follows:
15         1.  Multiply each county's percentage of the total
16  state population, by the total funds to be distributed.
17         2.  If the result in subparagraph 1. is less than the
18  guaranteed amount as determined in subsection (3), that
19  county's additional share shall be zero.
20         3.  For each county in which the result in subparagraph
21  1. is greater than the guaranteed amount, the amount
22  calculated in subparagraph 1. shall be reduced by the
23  guaranteed amount.  The result for each such county shall be
24  expressed as a percentage of the amounts so determined for all
25  counties.  Each such county shall receive an additional share
26  equal to this percentage multiplied by the total funds
27  received by the Local Government Housing Trust Fund pursuant
28  to s. 201.15(10)(7) as reduced by the guaranteed amount paid
29  to all counties.
30         (3)  Calculation of guaranteed amounts:
31
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  1         (a)  The guaranteed amount under subsection (1) shall
  2  be calculated for each state fiscal year by multiplying
  3  $350,000 by a fraction, the numerator of which is the amount
  4  of funds distributed to the Local Government Housing Trust
  5  Fund pursuant to s. 201.15(9)(6) and the denominator of which
  6  is the total amount of funds distributed to the Local
  7  Government Housing Trust Fund pursuant to s. 201.15.
  8         (b)  The guaranteed amount under subsection (2) shall
  9  be calculated for each state fiscal year by multiplying
10  $350,000 by a fraction, the numerator of which is the amount
11  of funds distributed to the Local Government Housing Trust
12  Fund pursuant to s. 201.15(10)(7) and the denominator of which
13  is the total amount of funds distributed to the Local
14  Government Housing Trust Fund pursuant to s. 201.15.
15         (4)  Funds distributed pursuant to this section may not
16  be pledged to pay debt service on any bonds.
17         Section 50.  Section 253.787, Florida Statutes, is
18  repealed.
19         Section 51.  Effective July 1, 1999, subsection (2) of
20  section 380.0677, Florida Statutes, is repealed and the power,
21  duties, functions, and all other activities performed by the
22  Green Swamp Land Authority are hereby transferred by a Type
23  Two transfer, pursuant to section 20.06, Florida Statutes, to
24  the Department of Environmental Protection.  All rules of the
25  authority in effect on the effective date of the transfer
26  shall be included in the transfer.  Henceforth, the Green
27  Swamp Land Authority shall mean the Department of
28  Environmental Protection for purposes of section 380.0677,
29  Florida Statutes, and statutes related thereto.
30         Section 52.  If the Department of Environmental
31  Protection or a water management district has made a payment
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  1  in lieu of taxes to a governmental entity and subsequently
  2  suspended such payment, the department or water management
  3  district shall reinstitute appropriate payments and continue
  4  the payments in consecutive years until the governmental
  5  entity has received a total of ten payments for each tax loss.
  6         Section 53.  Except as otherwise provided herein, this
  7  act shall take effect July 1, 1999.
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