Senate Bill 1710e1
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    CS for CS for SB 1710                          First Engrossed
  1                      A bill to be entitled
  2         An act relating to land acquisition; amending
  3         s. 201.15, F.S.; providing for changes to bond
  4         debt service; amending s. 201.15, F.S.;
  5         providing for changes to bond debt service;
  6         revising the deposit of certain funds and
  7         providing limitations, effective July 1, 2001;
  8         amending s. 215.618, F.S.; providing for the
  9         refunding and sale of Florida Forever bonds;
10         amending s. 253.03, F.S.; providing for the
11         permitting of certain habitable structures;
12         amending s. 253.034, F.S.; clarifying
13         provisions governing the deposit of funds
14         received from the sale of surplus lands;
15         exempting the Departments of Juvenile Justice
16         and Children and Family Services from a
17         requirement for land-management-plan review;
18         requiring the adoption of rules; revising
19         management planning requirements; providing
20         procedures for determining the value of certain
21         lands; amending s. 259.03, F.S.; redefining the
22         terms "capital improvement" and "water resource
23         development project"; amending s. 259.032,
24         F.S.; revising the payments-in-lieu-of-taxes
25         program; amending s. 259.0345, F.S.; deleting
26         obsolete provisions; revising the terms of
27         Florida Forever Advisory Council members;
28         clarifying the duties of the Florida Forever
29         Advisory Council; amending s. 259.035, F.S.;
30         authorizing the Acquisition and Restoration
31         Council to use specified rules; revising
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    CS for CS for SB 1710                          First Engrossed
  1         procedures; amending s. 259.101, F.S.;
  2         authorizing the Board of Trustees of the
  3         Internal Improvement Trust Fund to hold title
  4         to specified lands; requiring the monitoring of
  5         easements and agreements; deleting provisions
  6         requiring the redistribution of specified
  7         funds; deleting a repeal of Preservation 2000
  8         bond allocations; amending s. 259.105, F.S.;
  9         requiring the redistribution of funds in
10         specified circumstances; requiring a specific
11         percentage of the Florida Communities Trust's
12         Florida Forever funds to be expended in
13         standard metropolitan statistical areas;
14         revising a date for acceptance of acquisition
15         applications; authorizing capital expenditures;
16         revising the goals of the Florida Forever
17         program; requiring the recommendation of rules
18         to the board of trustees; revising the
19         distribution of funds; amending s. 260.018,
20         F.S.; correcting an error; amending s. 373.139,
21         F.S.; requiring a public hearing and
22         notification to the county of proposed
23         purchases; amending s. 373.1391, F.S.;
24         providing for the resolution of certain
25         disputes; amending s. 373.199, F.S.; revising
26         the date for submission of a report and the
27         content of the report; amending s. 373.59,
28         F.S.; revising payments-in-lieu-of-taxes
29         requirements; authorizing the refunding of
30         bonds; amending s. 375.051, F.S.; revising
31         requirements for debt service for bonds issued
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    CS for CS for SB 1710                          First Engrossed
  1         to acquire lands, water areas, and related
  2         resources; amending s. 375.075, F.S.; revising
  3         the funding plan for recreational development;
  4         amending s. 380.507, F.S.; revising the uses of
  5         Florida Forever funds; amending s. 380.510,
  6         F.S.; revising the uses of Florida Forever
  7         funds; providing an appropriation; repealing s.
  8         211.3103(9), F.S., relating to the severance
  9         tax on phosphate; providing effective dates.
10
11  Be It Enacted by the Legislature of the State of Florida:
12
13         Section 1.  Paragraph (a) of subsection (1) of section
14  201.15, Florida Statutes, is amended to read:
15         201.15  Distribution of taxes collected.--All taxes
16  collected under this chapter shall be distributed as follows
17  and shall be subject to the service charge imposed in s.
18  215.20(1), except that such service charge shall not be levied
19  against any portion of taxes pledged to debt service on bonds
20  to the extent that the amount of the service charge is
21  required to pay any amounts relating to the bonds:
22         (1)  Sixty-two and sixty-three hundredths percent of
23  the remaining taxes collected under this chapter shall be used
24  for the following purposes:
25         (a)  Amounts as shall be necessary to pay the debt
26  service on, or fund debt service reserve funds, rebate
27  obligations, or other amounts payable with respect to
28  Preservation 2000 bonds issued pursuant to s. 375.051 and
29  Florida Forever bonds issued pursuant to s. 215.618, shall be
30  paid into the State Treasury to the credit of the Land
31  Acquisition Trust Fund to be used for such purposes. The
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    CS for CS for SB 1710                          First Engrossed
  1  amount transferred to the Land Acquisition Trust Fund for such
  2  purposes shall not exceed $300 million in fiscal year
  3  1999-2000 and thereafter for Preservation 2000 bonds and bonds
  4  issued to refund Preservation 2000 bonds, and $300 million in
  5  fiscal year 2000-2001 and thereafter for Florida Forever
  6  bonds. The annual amount transferred to the Land Acquisition
  7  Trust Fund for Florida Forever bonds shall not exceed $30
  8  million in the first fiscal year in which bonds are issued.
  9  The limitation on the amount transferred shall be increased by
10  an additional $30 million in each subsequent fiscal year in
11  which bonds are authorized to be issued, but shall not exceed
12  a total of $300 million in any fiscal year for all bonds
13  issued. It is the intent of the Legislature that all bonds
14  issued to fund the Florida Forever Act be retired by December
15  31, 2030. Except for bonds issued to refund previously issued
16  bonds, no series of bonds may be issued pursuant to this
17  paragraph unless such bonds are approved and the first year's
18  debt service for the remainder of the fiscal year in which the
19  bonds are issued such bonds is specifically appropriated in
20  the General Appropriations Act. For purposes of refunding
21  Preservation 2000 bonds, amounts designated within this
22  section for Preservation 2000 and Florida Forever bonds may be
23  transferred between the two programs to the extent provided
24  for in the documents authorizing the issuance of the bonds.
25  The Preservation 2000 bonds and Florida Forever bonds shall be
26  equally and ratably secured by moneys distributable to the
27  Land Acquisition Trust Fund pursuant to this section, except
28  to the extent specifically provided otherwise by the documents
29  authorizing the issuance of the bonds. No moneys transferred
30  to the Land Acquisition Trust Fund pursuant to this paragraph,
31
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    CS for CS for SB 1710                          First Engrossed
  1  or earnings thereon, shall be used or made available to pay
  2  debt service on the Save Our Coast revenue bonds.
  3         Section 2.  Effective July 1, 2001, paragraph (a) of
  4  subsection (1) and subsection (8) of section 201.15, Florida
  5  Statutes, are amended to read:
  6         201.15  Distribution of taxes collected.--All taxes
  7  collected under this chapter shall be distributed as follows
  8  and shall be subject to the service charge imposed in s.
  9  215.20(1), except that such service charge shall not be levied
10  against any portion of taxes pledged to debt service on bonds
11  to the extent that the amount of the service charge is
12  required to pay any amounts relating to the bonds:
13         (1)  Sixty-two and sixty-three hundredths percent of
14  the remaining taxes collected under this chapter shall be used
15  for the following purposes:
16         (a)  Amounts as shall be necessary to pay the debt
17  service on, or fund debt service reserve funds, rebate
18  obligations, or other amounts payable with respect to
19  Preservation 2000 bonds issued pursuant to s. 375.051 and
20  Florida Forever bonds issued pursuant to s. 215.618, shall be
21  paid into the State Treasury to the credit of the Land
22  Acquisition Trust Fund to be used for such purposes. The
23  amount transferred to the Land Acquisition Trust Fund for such
24  purposes shall not exceed $300 million in fiscal year
25  1999-2000 and thereafter for Preservation 2000 bonds and bonds
26  issued to refund Preservation 2000 bonds, and $300 million in
27  fiscal year 2000-2001 and thereafter for Florida Forever
28  bonds. The annual amount transferred to the Land Acquisition
29  Trust Fund for Florida Forever bonds shall not exceed $30
30  million in the first fiscal year in which bonds are issued.
31  The limitation on the amount transferred shall be increased by
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    CS for CS for SB 1710                          First Engrossed
  1  an additional $30 million in each subsequent fiscal year in
  2  which bonds are authorized to be issued, but shall not exceed
  3  a total of $300 million in any fiscal year for all bonds
  4  issued. It is the intent of the Legislature that all bonds
  5  issued to fund the Florida Forever Act be retired by December
  6  31, 2030. Except for bonds issued to refund previously issued
  7  bonds, no 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 the remainder of the fiscal year in which the
10  bonds are issued such bonds is specifically appropriated in
11  the General Appropriations Act. For purposes of refunding
12  Preservation 2000 bonds, amounts designated within this
13  section for Preservation 2000 and Florida Forever bonds may be
14  transferred between the two programs to the extent provided
15  for in the documents authorizing the issuance of the bonds.
16  The Preservation 2000 bonds and Florida Forever bonds shall be
17  equally and ratably secured by moneys distributable to the
18  Land Acquisition Trust Fund pursuant to this section, except
19  to the extent specifically provided otherwise by the documents
20  authorizing the issuance of the bonds. No moneys transferred
21  to the Land Acquisition Trust Fund pursuant to this paragraph,
22  or earnings thereon, shall be used or made available to pay
23  debt service on the Save Our Coast revenue bonds.
24         (8)  One-half of one percent of the remaining taxes
25  collected under this chapter shall be paid into the State
26  Treasury and divided equally to the credit of the Department
27  of Environmental Protection Water Quality Assurance Grants and
28  Donations Trust Fund to address water quality impacts
29  associated with nonagricultural nonpoint sources and to the
30  credit of the Department of Agriculture and Consumer Services
31  General Inspection Trust Fund to address water quality impacts
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    CS for CS for SB 1710                          First Engrossed
  1  associated with agricultural nonpoint sources, respectively.
  2  These funds shall be used for research, development,
  3  demonstration, and implementation of suitable best management
  4  practices or other measures used to achieve water quality
  5  standards in surface waters and water segments identified
  6  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.
  7  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  8  management practices and other measures may include cost-share
  9  grants, technical assistance, implementation tracking, and
10  conservation leases or other agreements for water quality
11  improvement. The unobligated balance of funds received from
12  the distribution of taxes collected under this chapter to
13  address water quality impacts associated with nonagricultural
14  nonpoint sources will be excluded when calculating the
15  unobligated balance of the Water Quality Assurance Trust Fund
16  as it relates to the determination of the applicable excise
17  tax rate.
18         Section 3.  Subsection (1) of section 215.618, Florida
19  Statutes, is amended to read:
20         215.618  Bonds for acquisition and improvement of land,
21  water areas, and related property interests and resources.--
22         (1)  The issuance of Florida Forever bonds, not to
23  exceed $3 billion, to finance or refinance the cost of
24  acquisition and improvement of land, water areas, and related
25  property interests and resources, in urban and rural settings,
26  for the purposes of restoration, conservation, recreation,
27  water resource development, or historical preservation, and
28  for capital improvements to lands and water areas that
29  accomplish environmental restoration, enhance public access
30  and recreational enjoyment, promote long-term management
31  goals, and facilitate water resource development is hereby
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    CS for CS for SB 1710                          First Engrossed
  1  authorized, subject to the provisions of s. 259.105 and
  2  pursuant to s. 11(e), Art. VII of the State Constitution.
  3  Florida Forever bonds may also be issued to refund
  4  Preservation 2000 bonds issued pursuant to s. 375.051. The
  5  $3-billion limitation on the issuance of Florida Forever bonds
  6  does not apply to refunding bonds. The duration of each series
  7  of Florida Forever bonds issued may not exceed 20 annual
  8  maturities. Preservation 2000 bonds and Florida Forever bonds
  9  shall be equally and ratably secured by moneys distributable
10  to the Land Acquisition Trust Fund pursuant to s.
11  201.15(1)(a), except to the extent specifically provided
12  otherwise by the documents authorizing the issuance of the
13  bonds.
14         Section 4.  Paragraph (d) of subsection (7) of section
15  253.03, Florida Statutes, is amended and paragraph (e) is
16  added to that subsection to read:
17         253.03  Board of trustees to administer state lands;
18  lands enumerated.--
19         (7)
20         (d)  By January 1, 2001 2000, the owners of habitable
21  structures built on or before May 1, 1999 January 1, 1998,
22  located in conservation areas 2 or 3, on district or
23  state-owned lands, the existence or use which will not impede
24  the restoration of the Everglades, whether pursuant to a
25  submerged lease or not, must provide written notification to
26  the South Florida Water Management District of their existence
27  and location, including an identification of the footprint of
28  the structures.  This notification will grant the leaseholders
29  an automatic 20-year lease at a reasonable fee established by
30  the district, or the Department of Environmental Protection,
31  as appropriate, to expire on January 1, 2020. The district or
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  1  Department of Environmental Protection, as appropriate, may
  2  impose reasonable conditions consistent with existing laws and
  3  rules. If the structures are located on privately owned lands,
  4  the landowners must provide the same notification required for
  5  a 20-year permit. If Where the structures are located on
  6  state-owned lands, the South Florida Water Management District
  7  shall submit this notification to the Department of
  8  Environmental Protection on the owner's behalf.  At the
  9  expiration of this 20-year lease or permit, the South Florida
10  Water Management District or the Department of Environmental
11  Protection, as appropriate, shall have the right to require
12  that the leaseholder remove the structures if the district
13  determines that the structures or their use are causing harm
14  to the water or land resources of the district, or to renew
15  the lease agreement.  The structure of any owner who does not
16  provide notification to the South Florida Water Management
17  District as required under this subsection, shall be
18  considered illegal and subject to immediate removal.  Any
19  structure built in any water conservation area after May 1,
20  1999, without necessary permits and leases from the South
21  Florida Water Management District, or the Department of
22  Environmental Protection, or other local government, as
23  appropriate, shall be considered illegal and subject to
24  removal.
25         (e)  Failure to comply with the conditions contained in
26  any permit or lease agreement as described in paragraph (d)
27  makes the structure illegal and subject to removal. Any
28  structure built in any water conservation area on or after
29  July 1, 2000, is also illegal and subject to immediate
30  removal.
31
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  1         Section 5.  Subsections (1), (4), (5), (6), (8), and
  2  (10) of section 253.034, Florida Statutes, are amended to
  3  read:
  4         253.034  State-owned lands; uses.--
  5         (1)  All lands acquired pursuant to chapter 259 shall
  6  be managed to serve the public interest by protecting and
  7  conserving land, air, water, and the state's natural
  8  resources, which contribute to the public health, welfare, and
  9  economy of the state.  These lands shall be managed to provide
10  for areas of natural resource based recreation, and to ensure
11  the survival of plant and animal species and the conservation
12  of finite and renewable natural resources. The state's lands
13  and natural resources shall be managed using a stewardship
14  ethic that assures these resources will be available for the
15  benefit and enjoyment of all people of the state, both present
16  and future. It is the intent of the Legislature that, where
17  feasible and consistent with the goals of protection and
18  conservation of natural resources associated with lands held
19  in the public trust by the Board of Trustees of the Internal
20  Improvement Trust Fund, public land not designated for
21  single-use purposes pursuant to paragraph (2)(b) be managed
22  for multiple-use purposes. All multiple-use land management
23  strategies shall address public access and enjoyment, resource
24  conservation and protection, ecosystem maintenance and
25  protection, and protection of threatened and endangered
26  species, and the degree to which public-private partnerships
27  or endowments may allow the agency with management
28  responsibility to enhance its ability to manage these lands.
29  The council created in s. 259.035 shall recommend rules to the
30  board of trustees, and the board of trustees shall adopt rules
31  necessary to carry out the purposes of this section.
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    CS for CS for SB 1710                          First Engrossed
  1         (4)  No management agreement, lease, or other
  2  instrument authorizing the use of lands owned by the Board of
  3  Trustees of the Internal Improvement Trust Fund shall be
  4  executed for a period greater than is necessary to provide for
  5  the reasonable use of the land for the existing or planned
  6  life cycle or amortization of the improvements, except that an
  7  easement in perpetuity may be granted by the Board of Trustees
  8  of the Internal Improvement Trust Fund if the improvement is a
  9  transportation facility. An agency managing or leasing
10  state-owned lands from the board of Trustees of the Internal
11  Improvement Trust Fund may not sublease such lands without
12  prior review by the division and, for conservation lands, by
13  the Acquisition and Restoration Land Acquisition and
14  Management Advisory Council created in s. 259.035. All
15  management agreements, leases, or other instruments
16  authorizing the use of lands owned by the board shall be
17  reviewed for approval by the board or its designee or its
18  successor and approval by the board. The Land Acquisition and
19  Management Advisory council is not required to review
20  subleases of parcels which are less than 160 acres in size.
21         (5)  Each state agency managing conservation lands
22  owned by the Board of Trustees of the Internal Improvement
23  Trust Fund shall submit to the Division of State Lands a land
24  management plan at least every 5 years in a form and manner
25  prescribed by rule by the board. All management plans, whether
26  for single-use or multiple-use properties, shall specifically
27  describe how the managing agency plans to identify, locate,
28  protect and preserve, or otherwise use fragile nonrenewable
29  resources, such as archaeological and historic sites, as well
30  as other fragile resources, including endangered plant and
31  animal species, and provide for the conservation of soil and
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    CS for CS for SB 1710                          First Engrossed
  1  water resources and for the control and prevention of soil
  2  erosion. Land management plans submitted by an agency shall
  3  include reference to appropriate statutory authority for such
  4  use or uses and shall conform to the appropriate policies and
  5  guidelines of the state land management plan. All land
  6  management plans for parcels larger than 1,000 acres shall
  7  contain an analysis of the multiple-use potential of the
  8  parcel, which analysis shall include the potential of the
  9  parcel to generate revenues to enhance the management of the
10  parcel. Additionally, the land management plan shall contain
11  an analysis of the potential use of private land managers to
12  facilitate the restoration or management of these lands.  In
13  those cases where a newly acquired property has a valid
14  conservation plan, the plan shall be used to guide management
15  of the property until a formal land management plan is
16  completed.
17         (a)  The Division of State Lands shall make available
18  to the public a copy of each land management plan for parcels
19  that which exceed 160 acres in size. The council or its
20  successor shall review each plan for compliance with the
21  requirements of this subsection, the requirements of chapter
22  259, and with the requirements of the rules established by the
23  board pursuant to this section subsection.  The council or its
24  successor shall also consider the propriety of the
25  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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    CS for CS for SB 1710                          First Engrossed
  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. Notwithstanding s.
16  253.111, for conservation those lands designated as acquired
17  for conservation purposes, the board shall make a
18  determination that the lands are no longer needed for
19  conservation purposes and may dispose of them by a two-thirds
20  vote.  For all other lands, the board shall make a
21  determination that the lands are no longer needed and may
22  dispose of them by majority vote.
23         (a)  For the purposes of this subsection, all lands
24  acquired by the state prior to July 1, 1999, using proceeds
25  from the Preservation 2000 bonds, the Conservation and
26  Recreation Lands Trust Fund, the Water Management Lands Trust
27  Fund, Environmentally Endangered Lands Program, and the Save
28  Our Coast Program and titled to the board, which lands are
29  identified as core parcels or within original project
30  boundaries, shall be deemed to have been acquired for
31  conservation purposes.
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  1         (b)  For any lands purchased by the state on or after
  2  July 1, 1999, a determination shall be made by the board prior
  3  to acquisition as to those parcels that shall be designated as
  4  having been acquired for conservation purposes.  No lands
  5  acquired for use by the Department of Corrections, the
  6  Department of Management Services for use as state offices,
  7  the Department of Transportation, except those specifically
  8  managed for conservation or recreation purposes, or the State
  9  University System or State Community College System shall be
10  designated as having been purchased for conservation purposes.
11         (c)  At least every 3 years, as a component of each
12  land management plan or land use plan and in a form and manner
13  prescribed by rule by the board, each state agency shall
14  evaluate and indicate to the board those lands that which the
15  agency manages which are not being used for the purpose for
16  which they were originally leased. Such lands shall be
17  reviewed by the council or its successor for its
18  recommendation as to whether such lands should be disposed of
19  by the board.
20         (d)  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) shall
23  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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    CS for CS for SB 1710                          First Engrossed
  1         (f)  In reviewing lands owned by the board, the council
  2  or its successor shall consider whether such lands would be
  3  more appropriately owned or managed by the county or other
  4  unit of local government in which the land is located.  The
  5  council or its successor shall recommend to the board whether
  6  a sale, lease, or other conveyance to a local government would
  7  be in the best interests of the state and local government.
  8  The provisions of this paragraph in no way limit the
  9  provisions of ss. 253.111 and 253.115. Such lands shall be
10  offered to the county or local government for a period of 90
11  days. Permittable uses for such surplus lands may include
12  public schools; public libraries; fire or law enforcement
13  substations; and governmental, judicial, or recreational
14  centers.  County or local government requests for surplus
15  lands shall be expedited throughout the surplusing process.
16  State agencies shall have the subsequent opportunity to
17  acquire the surplus lands for a period not to exceed 30 days
18  after the offer to a county or local government expires.
19  Surplus properties in which governmental agencies have
20  expressed no interest shall then be available for sale on the
21  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
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    CS for CS for SB 1710                          First Engrossed
  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)  When a state agency acquired land by gift,
  7  donation, grant, quit-claim deed, or other such conveyance and
  8  no monetary consideration was exchanged, the price of land
  9  sold as surplus shall not exceed the fair market value of the
10  lands. Fair market value is to be determined by the average of
11  two separate appraisals. The individual or entity requesting
12  the surplus is to select and use appraisers from the list of
13  approved appraisers maintained by the Division of State Lands
14  of the Department of Environmental Protection in accordance
15  with s. 253.025(6)(b). The individual or entity requesting the
16  surplus is to incur all costs of the appraisals.
17         (i)(h)  After reviewing the recommendations of the
18  council or its successor, the board shall determine whether
19  lands identified for surplus are to be held for other public
20  purposes or whether such lands are no longer needed.  The
21  board may require an agency to release its interest in such
22  lands.
23         (j)(i)  Requests for surplusing may be made by any
24  public or private entity or person.  All requests shall be
25  submitted to the lead managing agency for review and
26  recommendation to the council or its successor.  Lead managing
27  agencies shall have 90 days to review such requests and make
28  recommendations. Any surplusing requests that have not been
29  acted upon within the 90-day time period shall be immediately
30  scheduled for hearing at the next regularly scheduled meeting
31  of the council or its successor. Requests for surplusing
                                  16
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    CS for CS for SB 1710                          First Engrossed
  1  pursuant to this paragraph shall not be required to be offered
  2  to local or state governments as provided in paragraph (f).
  3         (k)(j)  Proceeds from any sale of surplus lands
  4  pursuant to this subsection shall be deposited into the fund
  5  from which such lands were acquired. However, if the fund from
  6  which the lands were originally acquired no longer exists,
  7  such proceeds shall be deposited into an appropriate account
  8  to be used for land management by the lead managing agency
  9  assigned the lands prior to the lands' being declared surplus
10  for use by the lead managing agency for land management.
11         (l)(k)  Notwithstanding the provisions of this
12  subsection, no such disposition of land shall be made if such
13  disposition would have the effect of causing all or any
14  portion of the interest on any revenue bonds issued to lose
15  the exclusion from gross income for federal income tax
16  purposes.
17         (m)(l)  The sale of filled, formerly submerged land
18  that does not exceed 5 acres in area is not subject to review
19  by the council or its successor.
20         (8)  Land management plans required to be submitted by
21  the Department of Corrections, the Department of Juvenile
22  Justice, the Department of Children and Family Services, or
23  the Department of Education are shall not be subject to the
24  provisions for review by the council or its successor
25  described in subsection (5).  Management plans filed by these
26  agencies shall be made available to the public for a period of
27  90 days at the administrative offices of the parcel or project
28  affected by the management plan and at the Tallahassee offices
29  of each agency. Any plans not objected to during the public
30  comment period shall be deemed approved.  Any plans for which
31  an objection is filed shall be submitted to the Board of
                                  17
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    CS for CS for SB 1710                          First Engrossed
  1  Trustees of the Internal Improvement Trust Fund for
  2  consideration. The Board of Trustees of the Internal
  3  Improvement Trust Fund shall approve the plan with or without
  4  modification, or reject the plan.  The use or possession of
  5  any such lands which is not in accordance with an approved
  6  land management plan is subject to termination by the board.
  7         (10)  The following additional uses of conservation
  8  lands acquired pursuant to the Florida Forever program and
  9  other state-funded conservation land purchase programs shall
10  be authorized, upon a finding by the board of trustees, if
11  they meet the criteria specified in paragraphs (a)-(e): water
12  resource development projects, water supply development
13  projects, stormwater management projects, linear facilities,
14  and sustainable agriculture and forestry.  Such additional
15  uses are authorized where:
16         (a)  Not inconsistent with the management plan for such
17  lands;
18         (b)  Compatible with the natural ecosystem and resource
19  values of such lands;
20         (c)  The proposed use is appropriately located on such
21  lands and where due consideration is given to the use of other
22  available lands;
23         (d)  The using entity reasonably compensates the
24  titleholder for such use based upon an appropriate measure of
25  value; and
26         (e)  The use is consistent with the public interest.
27
28  A decision by the board of trustees pursuant to this section
29  subsection shall be given a presumption of correctness. Moneys
30  received from the use of state lands pursuant to this section
31
                                  18
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    CS for CS for SB 1710                          First Engrossed
  1  subsection shall be returned to the lead managing agency in
  2  accordance with the provisions of s. 259.032(11)(d).
  3         Section 6.  Subsection (3) of section 259.03, Florida
  4  Statutes, is amended to read:
  5         259.03  Definitions.--The following terms and phrases
  6  when used in this chapter shall have the meanings ascribed to
  7  them in this section, except where the context clearly
  8  indicates a different meaning:
  9         (3)  "Capital improvement" or "capital project
10  expenditure" means those activities relating to the
11  acquisition, restoration, public access, and recreational uses
12  of such lands, water areas, and related resources deemed
13  necessary to accomplish the purposes of this chapter. Eligible
14  activities include, but are not limited to: the initial
15  removal of invasive plants; the construction, improvement,
16  enlargement or extension of facilities' signs, firelanes,
17  access roads, and trails; or any other activities that serve
18  to restore, conserve, protect, or provide public access,
19  recreational opportunities, or necessary services for land or
20  water areas. Such activities shall be identified prior to the
21  acquisition of a parcel or the approval of a project. The
22  continued expenditures necessary for a capital improvement
23  approved under this subsection shall not be eligible for
24  funding provided in this chapter.
25         Section 7.  Subsection (10) and paragraph (b) of
26  subsection (12) of section 259.032, Florida Statutes, are
27  amended to read:
28         259.032  Conservation and Recreation Lands Trust Fund;
29  purpose.--
30         (10)(a)  State, regional, or local governmental
31  agencies or private entities designated to manage lands under
                                  19
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    CS for CS for SB 1710                          First Engrossed
  1  this section shall develop and adopt, with the approval of the
  2  board of trustees, an individual management plan for each
  3  project designed to conserve and protect such lands and their
  4  associated natural resources. Private sector involvement in
  5  management plan development may be used to expedite the
  6  planning process.
  7         (b)  Individual management plans required by s.
  8  253.034(5), for parcels over 160 acres, shall be developed
  9  with input from an advisory group. Members of this advisory
10  group shall include, at a minimum, representatives of the lead
11  land managing agency, comanaging entities, local private
12  property owners, the appropriate soil and water conservation
13  district, a local conservation organization, and a local
14  elected official.  The advisory group shall conduct at least
15  one public hearing within the county in which the parcel or
16  project is located. For those parcels or projects that are
17  within more than one county, at least one areawide public
18  hearing shall be acceptable and the lead managing agency shall
19  invite a local elected official from each county. The areawide
20  public hearing shall be held in the county in which the core
21  parcels are located. Notice of such public hearing shall be
22  posted on the parcel or project designated for management,
23  advertised in a paper of general circulation, and announced at
24  a scheduled meeting of the local governing body before the
25  actual public hearing.  The management prospectus required
26  pursuant to paragraph (9)(d) shall be available to the public
27  for a period of 30 days prior to the public hearing.
28         (c)  Once a plan is adopted, the managing agency or
29  entity shall update the plan at least every 5 years in a form
30  and manner prescribed by rule of the board of trustees. Such
31  updates, for parcels over 160 acres, shall be developed with
                                  20
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    CS for CS for SB 1710                          First Engrossed
  1  input from an advisory group. Such plans may include transfers
  2  of leasehold interests to appropriate conservation
  3  organizations or governmental entities designated by the Land
  4  Acquisition and Management Advisory Council or its successor,
  5  for uses consistent with the purposes of the organizations and
  6  the protection, preservation, conservation, restoration, and
  7  proper management of the lands and their resources. Volunteer
  8  management assistance is encouraged, including, but not
  9  limited to, assistance by youths participating in programs
10  sponsored by state or local agencies, by volunteers sponsored
11  by environmental or civic organizations, and by individuals
12  participating in programs for committed delinquents and
13  adults.
14         (d)  For each project for which lands are acquired
15  after July 1, 1995, an individual management plan shall be
16  adopted and in place no later than 1 year after the essential
17  parcel or parcels identified in the annual Conservation and
18  Recreation Lands report prepared pursuant to s. 259.035(2)(a)
19  have been acquired. Beginning in fiscal year 1998-1999, the
20  Department of Environmental Protection shall distribute only
21  75 percent of the acquisition funds to which a budget entity
22  or water management district would otherwise be entitled from
23  the Preservation 2000 Trust Fund to any budget entity or any
24  water management district that has more than one-third of its
25  management plans overdue.
26         (e)  Individual management plans shall conform to the
27  appropriate policies and guidelines of the state land
28  management plan and shall include, but not be limited to:
29         1.  A statement of the purpose for which the lands were
30  acquired, the projected use or uses as defined in s. 253.034,
31  and the statutory authority for such use or uses.
                                  21
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    CS for CS for SB 1710                          First Engrossed
  1         2.  Key management activities necessary to preserve and
  2  protect natural resources and restore habitat, and for
  3  controlling the spread of nonnative plants and animals, and
  4  for prescribed fire and other appropriate resource management
  5  activities.
  6         3.  A specific description of how the managing agency
  7  plans to identify, locate, protect, and preserve, or otherwise
  8  use fragile, nonrenewable natural and cultural resources.
  9         4.  A priority schedule for conducting management
10  activities, based on the purposes for which the lands were
11  acquired.
12         5.  A cost estimate for conducting priority management
13  activities, to include recommendations for cost-effective
14  methods of accomplishing those activities.
15         6.  A cost estimate for conducting other management
16  activities which would enhance the natural resource value or
17  public recreation value for which the lands were acquired. The
18  cost estimate shall include recommendations for cost-effective
19  methods of accomplishing those activities.
20         7.  A determination of the public uses and public
21  access that would be consistent with the purposes for which
22  the lands were acquired.
23         (f)  The Division of State Lands shall submit a copy of
24  each individual management plan for parcels which exceed 160
25  acres in size to each member of the Land Acquisition and
26  Management Advisory Council or its successor, which shall:
27         1.  Within 60 days after receiving a plan from the
28  division, review each plan for compliance with the
29  requirements of this subsection and with the requirements of
30  the rules established by the board pursuant to this
31  subsection.
                                  22
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    CS for CS for SB 1710                          First Engrossed
  1         2.  Consider the propriety of the recommendations of
  2  the managing agency with regard to the future use or
  3  protection of the property.
  4         3.  After its review, submit the plan, along with its
  5  recommendations and comments, to the board of trustees, with
  6  recommendations as to whether to approve the plan as
  7  submitted, approve the plan with modifications, or reject the
  8  plan.
  9         (g)  The board of trustees shall consider the
10  individual management plan submitted by each state agency and
11  the recommendations of the Land Acquisition and Management
12  Advisory Council, or its successor, and the Division of State
13  Lands and shall approve the plan with or without modification
14  or reject such plan. The use or possession of any lands owned
15  by the board of trustees which is not in accordance with an
16  approved individual management plan is subject to termination
17  by the board of trustees.
18
19  By July 1 of each year, each governmental agency, including
20  the water management districts, and each private entity
21  designated to manage lands shall report to the Secretary of
22  Environmental Protection on the progress of funding, staffing,
23  and resource management of every project for which the agency
24  or entity is responsible.
25         (12)
26         (b)  Payment in lieu of taxes shall be available:
27         1.  To all counties that have a population of 150,000
28  or fewer less and in which the amount of the tax loss from all
29  completed Preservation 2000 and Florida Forever acquisitions
30  in the county exceeds 0.01 percent of the county's total
31
                                  23
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    CS for CS for SB 1710                          First Engrossed
  1  taxable value. Population levels shall be determined pursuant
  2  to s. 11.031.
  3         2.  To all local governments located in eligible
  4  counties.
  5         3.  To Glades County, where a privately owned and
  6  operated prison leased to the state has recently been opened
  7  and where privately owned and operated juvenile justice
  8  facilities leased to the state have recently been constructed
  9  and opened, a payment in lieu of taxes, in an amount that
10  offsets the loss of property tax revenue, which funds have
11  already been appropriated and allocated from the Department of
12  Correction's budget for the purpose of reimbursing amounts
13  equal to lost ad valorem taxes.
14
15  Counties and local governments that did not receive payments
16  in lieu of taxes for lands purchased pursuant to s. 259.101
17  during fiscal year 1999-2000, if such counties and local
18  governments would have received payments pursuant to this
19  subsection as that section existed on June 30, 1999, shall
20  receive retroactive payments for such tax losses.
21         Section 8.  Paragraphs (b) and (e) of subsection (1)
22  and subsections (7) and (8) of section 259.0345, Florida
23  Statutes, are amended to read:
24         259.0345  Florida Forever Advisory Council.--
25         (1)
26         (b)  The members appointed by the Governor shall serve
27  3-year 4-year terms, except that, initially, to provide for
28  staggered terms, three of the appointees shall serve 2-year
29  terms.  No appointee shall serve more than 6 years.  The
30  Governor may at any time fill a vacancy for the unexpired term
31  of a member appointed under paragraph (a).
                                  24
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    CS for CS for SB 1710                          First Engrossed
  1         (e)  Appointments shall be made by August 15, 1999, and
  2  the council's first meeting shall be held by September 15,
  3  1999.  Beginning, January 1, 2000, The council shall, at a
  4  minimum, meet twice a year.
  5         (7)  The council shall provide a report by December 15,
  6  2000, to the Secretary of Environmental Protection, who shall
  7  forward the report to the board of trustees for its approval.
  8  After approval by the board of trustees, the secretary shall
  9  forward the approved report to the President of the Senate and
10  the Speaker of the House of Representatives, before the
11  beginning of the 2001 Regular Session, for review by the
12  appropriate legislative substantive committee. The Legislature
13  may reject, modify, or take no action relative to the goals
14  and performance measures established by the report. If no
15  action is taken, the goals and performance measures shall be
16  implemented. The report must meet the following requirements:
17         (a)  Establish specific goals for those identified in
18  s. 259.105(4).
19         (b)  Provide recommendations expanding or refining the
20  goals identified in s. 259.105(4).
21         (c)  Identify specific performance measures that may be
22  used to analyze progress towards the goals established. It is
23  recognized that, during the development of this report, the
24  council may identify other recommendations concerning the
25  implementation of Florida Forever. These recommendations must
26  be incorporated in the reports identified in subsection (8).
27  The council shall provide a report, by November 1, 2000, to
28  the Secretary of Environmental Protection, who shall forward
29  the report to the board of trustees for their approval.  After
30  approval by the board of trustees, the secretary shall forward
31  the approved report to the President of the Senate and the
                                  25
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    CS for CS for SB 1710                          First Engrossed
  1  Speaker of the House of Representatives, at least 30 days
  2  prior to the 2001 Regular Legislative Session, for review by
  3  the appropriate legislative committees with jurisdiction over
  4  the department.  The Legislature may reject, modify, or take
  5  no action relative to the goals and performance measures
  6  established by the report.  If no action is taken, the goals
  7  and performance measures shall be implemented.  The report
  8  shall meet the following requirements:
  9         (a)  Establish specific goals for those identified in
10  s. 259.105(4).
11         (b)  Provide recommendations expanding or refining the
12  goals identified in s. 259.105(4).
13         (c)  Provide recommendations for the development and
14  identification of performance measures to be used for
15  analyzing the progress made towards the goals established
16  pursuant to s. 259.105(4).
17         (d)  Provide recommendations for the process by which
18  projects are to be submitted, reviewed, and approved by the
19  Acquisition and Restoration Council. The advisory council is
20  to specifically examine ways to streamline the process created
21  by the Florida Forever Act.
22         (8)  The council shall provide a report, at least 30
23  days prior to the regular legislative sessions in the
24  following years:  2002, 2004, 2006 and 2008.  The report shall
25  be provided to the Secretary of Environmental Protection, who
26  shall forward the report to the board of trustees for their
27  approval.  After approval by the board of trustees, the
28  secretary shall forward the approved report to the President
29  of the Senate and the Speaker of the House of Representatives.
30  The report shall provide: recommendations for adjusting or
31  expanding the goals detailed in s. 259.105(4); recommendations
                                  26
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    CS for CS for SB 1710                          First Engrossed
  1  for adjusting the percentage distributions detailed in s.
  2  259.105(3); and recommendations concerning other aspects of
  3  the Florida Forever Act. In making recommendations for
  4  adjusting the percentage distributions detailed in s.
  5  259.105(3), the council shall consider which agencies have
  6  encumbered their funds in a timely manner and unencumbered
  7  balances, if any, in each agency's Florida Forever subaccount.
  8  The recommendations may include increases in percentage
  9  distributions to those agencies that have encumbered Florida
10  Forever funds in a timely manner.
11         Section 9.  Section 259.035, Florida Statutes, as
12  amended by section 16 of chapter 99-247, Laws of Florida, is
13  amended to read:
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 Environmental Protection the department, the
29  director of the Division of Forestry of the Department of
30  Agriculture and Consumer Services, the executive director of
31  the Fish and Wildlife Conservation Commission, the director of
                                  27
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    CS for CS for SB 1710                          First Engrossed
  1  the Division of Historical Resources of the Department of
  2  State, and the secretary of the Department of Community
  3  Affairs, or their 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 board of trustees department has authority to
14  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
15  the 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 ss. s. 253.034 and 259.032.
25  The council shall, in reviewing such recommendations and
26  plans, consider the optimization of multiple-use and
27  conservation strategies to accomplish the provisions funded
28  pursuant to ss. s. 259.101(3)(a) and 259.105(3)(b). Such funds
29  shall only be used to acquire lands identified in the annual
30  Conservation and Recreation Lands list approved by the board
31  of trustees in the year 2000.
                                  28
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    CS for CS for SB 1710                          First Engrossed
  1         (4)  The council may use existing rules adopted by the
  2  board of trustees, until it develops and recommends amendments
  3  to those rules, to competitively evaluate, select, and rank
  4  projects eligible for the Conservation and Recreation Lands
  5  list pursuant to ss. 259.032(3) and 259.101(4) and, beginning
  6  no later than May 1, 2001, for Florida Forever funds pursuant
  7  to s. 259.105(3)(b). In developing or amending the rules, the
  8  council shall give weight to the criteria included in s.
  9  259.105(9). The board of trustees shall review the
10  recommendations and shall adopt rules necessary to administer
11  this section.
12         (5)  An affirmative vote of five members of the council
13  is required in order to change a project boundary or to place
14  a proposed project on a list developed pursuant to subsection
15  (4). Any member of the council who by family or a business
16  relationship has a connection with all or a portion of any
17  proposed project shall declare the interest before voting on
18  its inclusion on a list.
19         (6)  The proposal for a project pursuant to this
20  section or s. 259.105(3)(b) may be implemented only if adopted
21  by the council and approved by the board of trustees. The
22  council shall consider and evaluate in writing the merits and
23  demerits of each project that is proposed for Conservation and
24  Recreation Lands, Florida Preservation 2000, or Florida
25  Forever funding and shall ensure that each proposed project
26  will meet a stated public purpose for the restoration,
27  conservation, or preservation of environmentally sensitive
28  lands and water areas or for providing outdoor recreational
29  opportunities. The council also shall determine whether the
30  project conforms, where applicable with the comprehensive plan
31  developed pursuant to s. 259.04(1)(a), the comprehensive
                                  29
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    CS for CS for SB 1710                          First Engrossed
  1  multipurpose outdoor recreation plan developed pursuant to s.
  2  375.021, the state lands management plan adopted pursuant to
  3  s. 253.03(7), the water resources work plans developed
  4  pursuant to s. 373.199, and the provisions of s. 259.032, s.
  5  259.101, or s. 259.105, whichever is applicable.
  6         Section 10.  Subsections (3) and (9) of section
  7  259.101, Florida Statutes, are amended to read:
  8         259.101  Florida Preservation 2000 Act.--
  9         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
10  costs of issuance, the costs of funding reserve accounts, and
11  other costs with respect to the bonds, the proceeds of bonds
12  issued pursuant to this act shall be deposited into the
13  Florida Preservation 2000 Trust Fund created by s. 375.045.
14  Ten percent of the proceeds of any bonds deposited into the
15  Preservation 2000 Trust Fund shall be distributed by the
16  Department of Environmental Protection to the Department of
17  Environmental Protection for the purchase by the South Florida
18  Water Management District of lands in Dade, Broward, and Palm
19  Beach Counties identified in s. 7, chapter 95-349, Laws of
20  Florida. This distribution shall apply for any bond issue for
21  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
22  $20 million per year from the proceeds of any bonds deposited
23  into the Florida Preservation 2000 Trust Fund shall be
24  distributed by the Department of Environmental Protection to
25  the St. Johns Water Management District for the purchase of
26  lands necessary to restore Lake Apopka. The remaining proceeds
27  shall be distributed by the Department of Environmental
28  Protection in the following manner:
29         (a)  Fifty percent to the Department of Environmental
30  Protection for the purchase of public lands as described in s.
31
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    CS for CS for SB 1710                          First Engrossed
  1  259.032.  Of this 50 percent, at least one-fifth shall be used
  2  for the acquisition of coastal lands.
  3         (b)  Thirty percent to the Department of Environmental
  4  Protection for the purchase of water management lands pursuant
  5  to s. 373.59, to be distributed among the water management
  6  districts as provided in that section. Funds received by each
  7  district may also be used for acquisition of lands necessary
  8  to implement surface water improvement and management plans
  9  approved in accordance with s. 373.456 or for acquisition of
10  lands necessary to implement the Everglades Construction
11  Project authorized by s. 373.4592.
12         (c)  Ten percent to the Department of Community Affairs
13  to provide land acquisition grants and loans to local
14  governments through the Florida Communities Trust pursuant to
15  part III of chapter 380.  From funds allocated to the trust,
16  $3 million annually shall be used by the Division of State
17  Lands within the Department of Environmental Protection to
18  implement the Green Swamp Land Protection Initiative Authority
19  specifically for the purchase of conservation easements
20  through land protection agreements, as defined in s.
21  380.0677(4) s. 380.0677(5), of lands, or severable interests
22  or rights in lands, in the Green Swamp Area of Critical State
23  Concern.  From funds allocated to the trust, $3 million
24  annually shall be used by the Monroe County Comprehensive Plan
25  Land Authority specifically for the purchase of any real
26  property interest in either those lands subject to the Rate of
27  Growth Ordinances adopted by local governments in Monroe
28  County or those lands within the boundary of an approved
29  Conservation and Recreation Lands project located within the
30  Florida Keys or Key West Areas of Critical State Concern;
31  however, title to lands acquired within the boundary of an
                                  31
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    CS for CS for SB 1710                          First Engrossed
  1  approved Conservation and Recreation Lands project may, in
  2  accordance with an approved joint acquisition agreement, vest
  3  in the Board of Trustees of the Internal Improvement Trust
  4  Fund. Of the remaining funds allocated to the trust after the
  5  above transfers occur, one-half shall be matched by local
  6  governments on a dollar-for-dollar basis. To the extent
  7  allowed by federal requirements for the use of bond proceeds,
  8  the trust shall expend Preservation 2000 funds to carry out
  9  the purposes of part III of chapter 380.
10         (d)  Two and nine-tenths percent to the Department of
11  Environmental Protection for the purchase of inholdings and
12  additions to state parks. For the purposes of this paragraph,
13  "state park" means all real property in the state under the
14  jurisdiction of the Division of Recreation and Parks of the
15  department, or which may come under its jurisdiction.
16         (e)  Two and nine-tenths percent to the Division of
17  Forestry of the Department of Agriculture and Consumer
18  Services to fund the acquisition of state forest inholdings
19  and additions pursuant to s. 589.07.
20         (f)  Two and nine-tenths percent to the Fish and
21  Wildlife Conservation Game and Fresh Water Fish Commission to
22  fund the acquisition of inholdings and additions to lands
23  managed by the commission which are important to the
24  conservation of fish and wildlife.
25         (g)  One and three-tenths percent to the Department of
26  Environmental Protection for the Florida Greenways and Trails
27  Program, to acquire greenways and trails or greenways and
28  trails systems pursuant to chapter 260, including, but not
29  limited to, abandoned railroad rights-of-way and the Florida
30  National Scenic Trail.
31
                                  32
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    CS for CS for SB 1710                          First Engrossed
  1  Local governments may use federal grants or loans, private
  2  donations, or environmental mitigation funds, including
  3  environmental mitigation funds required pursuant to s.
  4  338.250, for any part or all of any local match required for
  5  the purposes described in this subsection.  Bond proceeds
  6  allocated pursuant to paragraph (c) may be used to purchase
  7  lands on the priority lists developed pursuant to s. 259.035.
  8  Title to lands purchased pursuant to paragraphs (a), (d), (e),
  9  (f), and (g) shall be vested in the Board of Trustees of the
10  Internal Improvement Trust Fund, except that title to lands,
11  or rights or interests therein, acquired by either the
12  Southwest Florida Water Management District or the St. Johns
13  River Water Management District in furtherance of the Green
14  Swamp Land Authority's mission pursuant to s. 380.0677(3),
15  shall be vested in the district where the acquisition project
16  is located. Title to lands purchased pursuant to paragraph (c)
17  may be vested in the Board of Trustees of the Internal
18  Improvement Trust Fund. The board of trustees shall hold title
19  to land protection agreements and conservation easements that
20  were or will be acquired pursuant to s. 380.0677, and, except
21  that title to lands, or rights or interests therein, acquired
22  by either the Southwest Florida Water Management District and
23  or the St. Johns River Water Management District shall monitor
24  such agreements and easements within their respective
25  districts until the state assumes this responsibility. in
26  furtherance of the Green Swamp Land Authority's mission
27  pursuant to s. 380.0677(3), shall be vested in the district
28  where the acquisition project is located.  This subsection is
29  repealed effective October 1, 2000. Prior to repeal, the
30  Legislature shall review the provisions scheduled for repeal
31
                                  33
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    CS for CS for SB 1710                          First Engrossed
  1  and shall determine whether to reenact or modify the
  2  provisions or to take no action.
  3         (9)(a)  The Legislature finds that, with the increasing
  4  pressures on the natural areas of this state, the state must
  5  develop creative techniques to maximize the use of acquisition
  6  and management moneys.  The Legislature also finds that the
  7  state's environmental land-buying agencies should be
  8  encouraged to augment their traditional, fee simple
  9  acquisition programs with the use of alternatives to fee
10  simple acquisition techniques.  The Legislature also finds
11  that using alternatives to fee simple acquisition by public
12  land-buying agencies will achieve the following public policy
13  goals:
14         1.  Allow more lands to be brought under public
15  protection for preservation, conservation, and recreational
16  purposes at less expense using public funds.
17         2.  Retain, on local government tax rolls, some portion
18  of or interest in lands which are under public protection.
19         3.  Reduce long-term management costs by allowing
20  private property owners to continue acting as stewards of the
21  land, where appropriate.
22
23  Therefore, it is the intent of the Legislature that public
24  land-buying agencies develop programs to pursue alternatives
25  to fee simple acquisition and to educate private landowners
26  about such alternatives and the benefits of such alternatives.
27  It also is the intent of the Legislature that the department
28  and the water management districts spend a portion of their
29  shares of Preservation 2000 bond proceeds to purchase eligible
30  properties using alternatives to fee simple acquisition.
31  Finally, it is the intent of the Legislature that public
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    CS for CS for SB 1710                          First Engrossed
  1  agencies acquire lands in fee simple for public access and
  2  recreational activities.  Lands protected using alternatives
  3  to fee simple acquisition techniques shall not be accessible
  4  to the public unless such access is negotiated with and agreed
  5  to by the private landowners who retain interests in such
  6  lands.
  7         (b)  The Land Acquisition Advisory Council and the
  8  water management districts shall identify, within their 1997
  9  acquisition plans, those projects which require a full fee
10  simple interest to achieve the public policy goals, along with
11  the reasons why full title is determined to be necessary.  The
12  council and the water management districts may use
13  alternatives to fee simple acquisition to bring the remaining
14  projects in their acquisition plans under public protection.
15  For the purposes of this subsection, the term "alternatives to
16  fee simple acquisition" includes, but is not limited to:
17  purchase of development rights; conservation easements;
18  flowage easements; purchase of timber rights, mineral rights,
19  or hunting rights; purchase of agricultural interests or
20  silvicultural interests; land protection agreements; fee
21  simple acquisitions with reservations; or any other
22  acquisition technique which achieves the public policy goals
23  listed in paragraph (a).  It is presumed that a private
24  landowner retains the full range of uses for all the rights or
25  interests in the landowner's land which are not specifically
26  acquired by the public agency.  Life estates and fee simple
27  acquisitions with leaseback provisions shall not qualify as an
28  alternative to fee simple acquisition under this subsection,
29  although the department and the districts are encouraged to
30  use such techniques where appropriate.
31
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    CS for CS for SB 1710                          First Engrossed
  1         (c)  Beginning in fiscal year 1996-1997, the department
  2  and each water management district shall implement initiatives
  3  to use alternatives to fee simple acquisition and to educate
  4  private landowners about such alternatives. These initiatives
  5  shall include at least two acquisitions a year by the
  6  department and each water management district utilizing
  7  alternatives to fee simple.
  8         (d)  The Legislature finds that the lack of direct
  9  sales comparison information has served as an impediment to
10  successful implementation of alternatives to fee simple
11  acquisition.  It is the intent of the Legislature that, in the
12  absence of direct comparable sales information, appraisals of
13  alternatives to fee simple acquisitions be based on the
14  difference between the full fee simple valuation and the value
15  of the interests remaining with the seller after acquisition.
16         (e)  The public agency which has been assigned
17  management responsibility shall inspect and monitor any
18  less-than-fee-simple interest according to the terms of the
19  purchase agreement relating to such interest.
20         (f)1.  Pursuant to subsection (3) and beginning in
21  fiscal year 1999-2000, that portion of the unencumbered
22  balances of each program described in paragraphs (3)(c), (d),
23  (e), (f), and (g) which has been on deposit in such program's
24  Preservation 2000 account for more than 3 fiscal years shall
25  be redistributed equally to the Department of Environmental
26  Protection, Division of State Lands P2000 sub account for the
27  purchase of State Lands as described in s. 259.032 and Water
28  Management District P2000 sub account for the purchase of
29  Water Management Lands pursuant to ss. 373.456, 373.4592 and
30  373.59. For the purposes of this subsection, the term
31  "unencumbered balances" means the portion of Preservation 2000
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    CS for CS for SB 1710                          First Engrossed
  1  bond proceeds which is not obligated through the signing of a
  2  purchase contract between a public agency and a private
  3  landowner, except that the program described in paragraph
  4  (3)(c) may not lose any portion of its unencumbered funds
  5  which remain unobligated because of extraordinary
  6  circumstances that hampered the affected local governments'
  7  abilities to close on land acquisition projects approved
  8  through the Florida Communities Trust program. Extraordinary
  9  circumstances shall be determined by the Florida Communities
10  Trust governing body and may include such things as death or
11  bankruptcy of the owner of property; a change in the land use
12  designation of the property; natural disasters that affected a
13  local government's ability to consummate the sales contract on
14  such property; or any other condition that the Florida
15  Communities Trust governing board determined to be
16  extraordinary. The portion of the funds redistributed in the
17  Water Management District P2000 sub account shall be
18  distributed to the water management districts as provided in
19  s. 373.59(8).
20         2.  The department and the water management districts
21  may enter into joint acquisition agreements to jointly fund
22  the purchase of lands using alternatives to fee simple
23  techniques.
24         (g)  If the department or any water management district
25  is unable to spend the funds it receives pursuant to paragraph
26  (f) within the same fiscal year, the unspent funds shall be
27  carried forward to the subsequent fiscal year.
28         (h)  This subsection is repealed July 1 of the year
29  following the final authorization of Preservation 2000 bonds.
30         Section 11.  Subsections (3), (9), (14), (16), and (18)
31  and paragraph (a) of subsection (7) of section 259.105,
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    CS for CS for SB 1710                          First Engrossed
  1  Florida Statutes, are amended, paragraphs (p), (q), (r), and
  2  (s) are added to subsection (4) of that section, and
  3  subsection (20) is added to that section to read:
  4         259.105  The Florida Forever Act.--
  5         (3)  Less the costs of issuing and the costs of funding
  6  reserve accounts and other costs associated with bonds, the
  7  proceeds of bonds issued pursuant to this section shall be
  8  deposited into the Florida Forever Trust Fund created by s.
  9  259.1051. The proceeds shall be distributed by the Department
10  of Environmental Protection in the following manner:
11         (a)  Thirty-five percent to the Department of
12  Environmental Protection for the acquisition of lands and
13  capital project expenditures necessary to implement the water
14  management districts' priority lists developed pursuant to s.
15  373.199.  The funds are to be distributed to the water
16  management districts as provided in subsection (11).  A
17  minimum of 50 percent of the total funds provided over the
18  life of the Florida Forever program pursuant to this paragraph
19  shall be used for the acquisition of lands.
20         (b)  Thirty-five percent to the Department of
21  Environmental Protection for the acquisition of lands and
22  capital project expenditures described in this section. Of the
23  proceeds distributed pursuant to this paragraph, it is the
24  intent of the Legislature that an increased priority be given
25  to those acquisitions which achieve a combination of
26  conservation goals, including protecting Florida's water
27  resources and natural groundwater recharge. Capital project
28  expenditures may not exceed 10 percent of the funds allocated
29  pursuant to this paragraph.
30         (c)  Twenty-four percent to the Department of Community
31  Affairs for use by the Florida Communities Trust for land
                                  38
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    CS for CS for SB 1710                          First Engrossed
  1  acquisition the purposes of part III of chapter 380, and
  2  grants to local governments or nonprofit environmental
  3  organizations that are tax exempt under s. 501(c)(3) of the
  4  United States Internal Revenue Code for the acquisition of
  5  community-based projects, urban open spaces, parks, and
  6  greenways to implement local government comprehensive plans.
  7  From funds available to the trust, 92 percent shall be used by
  8  the trust, and 8 percent shall be transferred annually to the
  9  Land Acquisition Trust Fund for grants pursuant to s. 375.075.
10  From funds available to the trust and used for land
11  acquisition, 75 percent shall be matched by local governments
12  on a dollar-for-dollar basis.  The Legislature intends that
13  the Florida Communities Trust emphasize funding projects in
14  low-income or otherwise disadvantaged communities.  At least
15  thirty percent of the total allocation provided to the trust
16  shall be used in Standard Metropolitan Statistical Areas, but
17  one-half of that amount shall be used in localities in which
18  the project site is located in built-up commercial,
19  industrial, or mixed-use areas and functions to intersperse
20  open spaces within congested urban core areas.  From funds
21  allocated to the trust, no less than 5 percent shall be used
22  to acquire lands for recreational trail systems, provided that
23  in the event these funds are not needed for such projects,
24  they will be available for other trust projects.  Local
25  governments may use federal grants or loans, private
26  donations, or environmental mitigation funds, including
27  environmental mitigation funds required pursuant to s.
28  338.250, for any part or all of any local match required for
29  acquisitions funded through the Florida Communities Trust.
30  Any lands purchased by nonprofit organizations using funds
31  allocated under this paragraph must provide for such lands to
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    CS for CS for SB 1710                          First Engrossed
  1  remain permanently in public use through a reversion of title
  2  to local or state government, conservation easement, or other
  3  appropriate mechanism.  Projects funded with funds allocated
  4  to the Trust shall be selected in a competitive process
  5  measured against criteria adopted in rule by the Trust.
  6         (d)  One and five-tenths percent to the Department of
  7  Environmental Protection for the purchase of inholdings and
  8  additions to state parks and for capital project expenditures
  9  as described in this section. Capital project expenditures may
10  not exceed 10 percent of the funds allocated under this
11  paragraph. For the purposes of this paragraph, "state park"
12  means any real property in the state which is under the
13  jurisdiction of the Division of Recreation and Parks of the
14  department, or which may come under its jurisdiction.
15         (e)  One and five-tenths percent to the Division of
16  Forestry of the Department of Agriculture and Consumer
17  Services to fund the acquisition of state forest inholdings
18  and additions pursuant to s. 589.07, and the implementation of
19  reforestation plans or sustainable forestry management
20  practices, and for capital project expenditures as described
21  in this section. Capital project expenditures may not exceed
22  10 percent of the funds allocated under this paragraph.
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  and for capital project expenditures as described in this
28  section. Capital project expenditures may not exceed 10
29  percent of the funds allocated under this paragraph.
30         (g)  One and five-tenths percent to the Department of
31  Environmental Protection for the Florida Greenways and Trails
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    CS for CS for SB 1710                          First Engrossed
  1  Program, to acquire greenways and trails or greenways and
  2  trail systems pursuant to chapter 260, including, but not
  3  limited to, abandoned railroad rights-of-way and the Florida
  4  National Scenic Trail and for capital project expenditures as
  5  described in this section. Capital project expenditures may
  6  not exceed 10 percent of the funds allocated under this
  7  paragraph.
  8         (h)  It is the intent of the Legislature that proceeds
  9  of Florida Forever bonds distributed under this section shall
10  be expended in an efficient and fiscally responsible manner.
11  An agency that receives proceeds from Florida Forever bonds
12  under this section may not maintain a balance of unencumbered
13  funds in its Florida Forever subaccount beyond 3 fiscal years
14  from the date of deposit of funds from each bond issue. Any
15  funds that have not been expended or encumbered after 3 fiscal
16  years from the date of deposit shall be distributed by the
17  Legislature at its next regular session for use in the Florida
18  Forever program.
19         (i)(h)  For the purposes of paragraphs (d), (e), (f),
20  and (g), the agencies which receive the funds shall develop
21  their individual acquisition or restoration lists. Proposed
22  additions may be acquired if they are identified within the
23  original project boundary, the management plan required
24  pursuant to s. 253.034(5), or the management prospectus
25  required pursuant to s. 259.032(9)(d). Proposed additions not
26  meeting the requirements of this paragraph shall be submitted
27  to the Acquisition and Restoration Council for approval.  The
28  council may only approve the proposed addition if it meets two
29  or more of the following criteria: serves as a link or
30  corridor to other publicly owned property; enhances the
31  protection or management of the property; would add a
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    CS for CS for SB 1710                          First Engrossed
  1  desirable resource to the property; would create a more
  2  manageable boundary configuration; has a high resource value
  3  that otherwise would be unprotected; or can be acquired at
  4  less than fair market value.
  5         (4)  It is the intent of the Legislature that projects
  6  or acquisitions funded pursuant to paragraphs (3)(a) and (b)
  7  contribute to the achievement of the following goals:
  8         (p)  The implementation of practices that provide
  9  sufficient quantities of water available to meet current and
10  future needs of the natural system and residents of the state,
11  as measured by execution of water-resource-development
12  components of the districts' water management plans. However,
13  funds provided for capital improvements under this purpose are
14  limited to those provided the water management districts in
15  paragraph (3)(a).
16         (q)  An increase in the state's inventory of historical
17  and cultural sites as measured by the number of sites
18  acquired.
19         (r)  An increase in the protection of fragile coastal
20  resources, as measured by the linear feet and acreage of
21  coastline acquired.
22         (s)  An increase in the protection of significant
23  surface waters of the state, as measured by the acreage of
24  lands acquired to buffer them.
25         (7)(a)  Beginning no later than July 1, 2001 2000, and
26  every year thereafter, the Acquisition and Restoration Council
27  shall accept applications from state agencies, local
28  governments, nonprofit and for-profit organizations, private
29  land trusts, and individuals for project proposals eligible
30  for funding pursuant to paragraph (3)(b). The council shall
31  evaluate the proposals received pursuant to this subsection to
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    CS for CS for SB 1710                          First Engrossed
  1  ensure that they meet at least one of the criteria under
  2  subsection (9).
  3         (9)  The Acquisition and Restoration Council shall
  4  recommend rules for adoption by the board of trustees develop
  5  a rule to competitively evaluate, select, and rank projects
  6  eligible for Florida Forever funds pursuant to paragraph
  7  (3)(b) and for additions to the Conservation and Recreation
  8  Lands list pursuant to ss. 259.032 and 259.101(4). In
  9  developing these proposed rules, this rule the Acquisition and
10  Restoration Council shall give weight to the following
11  criteria:
12         (a)  The project meets multiple goals described in
13  subsection (4).
14         (b)  The project is part of an ongoing governmental
15  effort to restore, protect, or develop land areas or water
16  resources.
17         (c)  The project enhances or facilitates management of
18  properties already under public ownership.
19         (d)  The project has significant archaeological or
20  historic value.
21         (e)  The project has funding sources that are
22  identified and assured through at least the first 2 years of
23  the project.
24         (f)  The project contributes to the solution of water
25  resource problems on a regional basis.
26         (g)  The project has a significant portion of its land
27  area in imminent danger of development, in imminent danger of
28  losing its significant natural attributes or recreational open
29  space, or in imminent danger of subdivision which would result
30  in multiple ownership and make acquisition of the project
31  costly or less likely to be accomplished.
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    CS for CS for SB 1710                          First Engrossed
  1         (h)  The project implements an element from a plan
  2  developed by an ecosystem management team.
  3         (i)  The project is one of the components of the
  4  Everglades restoration effort.
  5         (j)  The project may be purchased at 80 percent of
  6  appraised value.
  7         (k)  The project may be acquired, in whole or in part,
  8  using alternatives to fee simple, including but not limited
  9  to, purchase of development rights, hunting rights,
10  agricultural or silvicultural rights, or mineral rights or;
11  obtaining conservation easements or flowage easements; or use
12  of land protection agreements as defined in s. 380.0677(5).
13         (l)  The project is a joint acquisition, either among
14  public agencies, nonprofit organizations, or private entities,
15  or by a public-private partnership.
16         (14)  Each year that bonds are to be issued pursuant to
17  this section, the Acquisition and Restoration Council shall
18  review the most current that year's approved project list and
19  shall, by the first board meeting in May, present to the Board
20  of Trustees of the Internal Improvement Trust Fund for
21  approval a listing of projects developed pursuant to
22  subsection (8). The board of trustees may remove projects from
23  the list developed pursuant to this subsection, but may not
24  add projects or rearrange project rankings.
25         (16)  All proposals for projects pursuant to paragraph
26  (3)(b) or subsection (20) shall be implemented only if adopted
27  by the Acquisition and Restoration Council and approved by the
28  board of trustees.  The council shall consider and evaluate in
29  writing the merits and demerits of each project that is
30  proposed for Florida Forever funding and each proposed
31  addition to the Conservation and Recreation Lands list
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    CS for CS for SB 1710                          First Engrossed
  1  program. The council and shall ensure that each proposed
  2  project will meet a stated public purpose for the restoration,
  3  conservation, or preservation of environmentally sensitive
  4  lands and water areas or for providing outdoor recreational
  5  opportunities and that each proposed addition to the
  6  Conservation and Recreation Lands list will meet the public
  7  purposes under s. 259.032(3) and, when applicable, s.
  8  259.101(4). The council also shall determine whether if the
  9  project or addition conforms, where applicable, with the
10  comprehensive plan developed pursuant to s. 259.04(1)(a), the
11  comprehensive multipurpose outdoor recreation plan developed
12  pursuant to s. 375.021, the state lands management plan
13  adopted pursuant to s. 253.03(7), the water resources work
14  plans developed pursuant to s. 373.199, and the provisions of
15  this section.
16         (18)  The Acquisition and Restoration Council shall may
17  recommend adoption of rules by the board of trustees necessary
18  to implement the provisions of this section relating to:
19  solicitation, scoring, selecting, and ranking of Florida
20  Forever project proposals; disposing of or leasing lands or
21  water areas selected for funding through the Florida Forever
22  program; and the process of reviewing and recommending for
23  approval or rejection the land management plans associated
24  with publicly owned properties. Rules promulgated pursuant to
25  this subsection shall be submitted to the President of the
26  Senate and the Speaker of the House of Representatives, for
27  review by the Legislature, no later than 30 days prior to the
28  2001 2000 Regular Session and shall become effective only
29  after legislative review. In its review, the Legislature may
30  reject, modify, or take no action relative to such rules. The
31  board of trustees council shall conform such rules to changes
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    CS for CS for SB 1710                          First Engrossed
  1  made by the Legislature, or, if no action was taken by the
  2  Legislature, such rules shall become effective.
  3         (20)  The Acquisition and Restoration Council, as
  4  successors to the Land Acquisition and Management Advisory
  5  Council, may amend existing Conservation and Recreation Lands
  6  projects and add to or delete from the 2000 Conservation and
  7  Recreation Lands list until funding for the Conservation and
  8  Recreation Lands program has been expended. The amendments to
  9  the 2000 Conservation and Recreation Lands list will be
10  reported to the board of trustees in conjunction with the
11  council's report developed pursuant to s. 259.105(15).
12         Section 12.  Section 260.018, Florida Statutes, is
13  amended to read:
14         260.018  Agency recognition.--All agencies of the
15  state, regional planning councils through their comprehensive
16  plans, and local governments through their local comprehensive
17  planning process pursuant to chapter 163 shall recognize the
18  special character of publicly owned lands and waters
19  designated by the state as greenways and trails and shall not
20  take any action which will impair their use as designated.
21  Identification of lands or waterways in planning materials,
22  maps, data, and other information developed or used in the
23  greenways and trails program shall not be cause for such lands
24  or waterways to be subject to this section, unless such lands
25  or waterways have been designated as a part of the statewide
26  system of or greenways and trails pursuant to s.
27  260.016(2)(d).
28         Section 13.  Subsections (2) and (3) of section
29  373.139, Florida Statutes, are amended to read:
30         373.139  Acquisition of real property.--
31
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    CS for CS for SB 1710                          First Engrossed
  1         (2)  The governing board of the district is empowered
  2  and authorized to acquire in fee or less than fee title to
  3  real property, and easements therein, by purchase, gift,
  4  devise, lease, eminent domain, or otherwise for flood control,
  5  water storage, water management, conservation and protection
  6  of water resources, aquifer recharge, water resource and water
  7  supply development, and preservation of wetlands, streams, and
  8  lakes. Eminent domain powers may be used only for acquiring
  9  real property for flood control and water storage or for
10  curing title defects or encumbrances to real property to be
11  acquired from a willing seller.
12         (3)(a)  The initial 5-year workplan and any subsequent
13  modifications or additions thereto shall be adopted by each
14  water management district after a public hearing. Each water
15  management district shall provide at least 14 days' advance
16  notice of the hearing date and shall separately notify each
17  county commission within which a proposed workplan project or
18  project modification or addition is located of the hearing
19  date. No acquisition of lands shall occur without a public
20  hearing similar to those held pursuant to the provisions set
21  forth in s. 120.54.
22         (a)(b)  Title information, appraisal reports, offers,
23  and counteroffers are confidential and exempt from the
24  provisions of s. 119.07(1) until an option contract is
25  executed or, if no option contract is executed, until 30 days
26  before a contract or agreement for purchase is considered for
27  approval by the governing board.  However, each district may,
28  at its discretion, disclose appraisal reports to private
29  landowners during negotiations for acquisitions using
30  alternatives to fee simple techniques, if the district
31  determines that disclosure of such reports will bring the
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    CS for CS for SB 1710                          First Engrossed
  1  proposed acquisition to closure. In the event that negotiation
  2  is terminated by the district, the title information,
  3  appraisal report, offers, and counteroffers shall become
  4  available pursuant to s. 119.07(1). Notwithstanding the
  5  provisions of this section and s. 259.041, a district and the
  6  Division of State Lands may share and disclose title
  7  information, appraisal reports, appraisal information, offers,
  8  and counteroffers when joint acquisition of property is
  9  contemplated. A district and the Division of State Lands shall
10  maintain the confidentiality of such title information,
11  appraisal reports, appraisal information, offers, and
12  counteroffers in conformance with this section and s. 259.041,
13  except in those cases in which a district and the division
14  have exercised discretion to disclose such information.
15         (b)(c)  The Secretary of Environmental Protection shall
16  release moneys from the appropriate account or trust fund to a
17  district for preacquisition costs within 30 days after receipt
18  of a resolution adopted by the district's governing board
19  which identifies and justifies any such preacquisition costs
20  necessary for the purchase of any lands listed in the
21  district's 5-year work plan.  The district shall return to the
22  department any funds not used for the purposes stated in the
23  resolution, and the department shall deposit the unused funds
24  into the appropriate account or trust fund.
25         (c)(d)  The Secretary of Environmental Protection shall
26  release acquisition moneys from the appropriate account or
27  trust fund to a district following receipt of a resolution
28  adopted by the governing board identifying the lands being
29  acquired and certifying that such acquisition is consistent
30  with the 5-year work plan of acquisition and other provisions
31  of this section. The governing board also shall provide to the
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    CS for CS for SB 1710                          First Engrossed
  1  Secretary of Environmental Protection a copy of all certified
  2  appraisals used to determine the value of the land to be
  3  purchased.  Each parcel to be acquired must have at least one
  4  appraisal.  Two appraisals are required when the estimated
  5  value of the parcel exceeds $500,000.  However, when both
  6  appraisals exceed $500,000 and differ significantly, a third
  7  appraisal may be obtained.  If the purchase price is greater
  8  than the appraisal price, the governing board shall submit
  9  written justification for the increased price.  The Secretary
10  of Environmental Protection may withhold moneys for any
11  purchase that is not consistent with the 5-year plan or the
12  intent of this section or that is in excess of appraised
13  value.  The governing board may appeal any denial to the Land
14  and Water Adjudicatory Commission pursuant to s. 373.114.
15         Section 14.  Paragraph (c) of subsection (1) of section
16  373.1391, Florida Statutes, is amended to read:
17         373.1391  Management of real property.--
18         (1)
19         (c)  In developing or reviewing land management plans
20  when should a dispute arises arise that has not been cannot be
21  resolved by a the water management district's final agency
22  action districts, that dispute must issue shall be resolved
23  under chapter 120 forwarded to the Secretary of Environmental
24  Protection who shall submit it to the Florida Forever Advisory
25  Council.
26         Section 15.  Subsection (7) of section 373.199, Florida
27  Statutes, is amended to read:
28         373.199  Florida Forever Water Management District Work
29  Plan.--
30         (7)  By June January 1, 2001, of each year, each
31  district shall file with the President of the Senate, the
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    CS for CS for SB 1710                          First Engrossed
  1  Speaker of the House of Representatives, Legislature and the
  2  Secretary of Environmental Protection the initial 5-year
  3  workplan as required under subsection (2). By January 1 of
  4  each year thereafter, each district shall file with the
  5  President of the Senate, the Speaker of the House of
  6  Representatives, and the Secretary of Environmental Protection
  7  a report of acquisitions completed during the year together
  8  with modifications or additions to its 5-year work plan.
  9  Included in the report shall be:
10         (a)  A description of land management activity for each
11  property or project area owned by the water management
12  district.
13         (b)  A list of any lands surplused and the amount of
14  compensation received.
15         (c)  The progress of funding, staffing, and resource
16  management of every project funded pursuant to s. 259.101, s.
17  259.105, or s. 373.59 for which the district is responsible.
18
19  The secretary shall submit the report referenced in this
20  subsection to the Board of Trustees of the Internal
21  Improvement Trust Fund together required pursuant to this
22  subsection along with the Acquisition and Restoration
23  Council's project list as Florida Forever report required
24  under s. 259.105.
25         Section 16.  Subsections (1) and (10) of section
26  373.59, Florida Statutes, are amended to read:
27         373.59  Water Management Lands Trust Fund.--
28         (1)  There is established within the Department of
29  Environmental Protection the Water Management Lands Trust Fund
30  to be used as a nonlapsing fund for the purposes of this
31  section. The moneys in this fund are hereby continually
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    CS for CS for SB 1710                          First Engrossed
  1  appropriated for the purposes of land acquisition, management,
  2  maintenance, capital improvements of land titled to the
  3  districts, payments in lieu of taxes, debt service on bonds
  4  issued prior to July 1, 1999, debt service on bonds issued on
  5  or after July 1, 1999, which are issued to refund bonds issued
  6  before July 1, 1999, preacquisition costs associated with land
  7  purchases, and the department's costs of administration of the
  8  fund.  The department's costs of administration shall be
  9  charged proportionally against each district's allocation
10  using the formula provided in subsection (8).  Capital
11  improvements shall include, but need not be limited to,
12  perimeter fencing, signs, firelanes, control of invasive
13  exotic species, controlled burning, habitat inventory and
14  restoration, law enforcement, access roads and trails, and
15  minimal public accommodations, such as primitive campsites,
16  garbage receptacles, and toilets.
17         (10)(a)  Beginning July 1, 1999, not more than
18  one-fourth of the land management funds provided for in
19  subsections (1) and (8) in any year shall be reserved annually
20  by a governing board, during the development of its annual
21  operating budget, for payments in lieu of taxes for all actual
22  tax losses incurred as a result of governing board
23  acquisitions for water management districts pursuant to ss.
24  259.101, 259.105, and 373.59 under the Florida Forever program
25  during any year. Reserved funds not used for payments in lieu
26  of taxes in any year shall revert to the Water Management
27  Lands Trust Fund to be used in accordance with the provisions
28  of this section.
29         (b)  Payment in lieu of taxes shall be available:
30         1.  To all counties that have a population of 150,000
31  or fewer less and in which the amount of tax loss from all
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    CS for CS for SB 1710                          First Engrossed
  1  completed Preservation 2000 and Florida Forever acquisitions
  2  in the county exceeds 0.01 percent of the county's total
  3  taxable value. Population levels shall be determined pursuant
  4  to s. 11.031.
  5         2.  To all local governments located in eligible
  6  counties and whose lands are bought and taken off the tax
  7  rolls.
  8
  9  For properties acquired after January 1, 2000, in the event
10  that such properties otherwise eligible for payment in lieu of
11  taxes under this subsection are leased or reserved and remain
12  subject to ad valorem taxes, payments in lieu of taxes shall
13  commence or recommence upon the expiration or termination of
14  the lease or reservation, but in no event shall there be more
15  than a total of ten annual payments in lieu of taxes for each
16  tax loss. If the lease is terminated for only a portion of the
17  lands at any time, the ten annual payments shall be made for
18  that portion only commencing the year after such termination,
19  without limiting the requirement that ten annual payments
20  shall be made on the remaining portion or portions of the land
21  as the lease on each expires. For the purposes of this
22  subsection, "local government" includes municipalities, the
23  county school board, mosquito control districts, and any other
24  local government entity which levies ad valorem taxes.
25         (c)  If sufficient insufficient funds are unavailable
26  available in any year to make full payments to all qualifying
27  counties and local governments, such counties and local
28  governments shall receive a pro rata share of the moneys
29  available.
30         (d)  The payment amount shall be based on the average
31  amount of actual taxes paid on the property for the 3 years
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    CS for CS for SB 1710                          First Engrossed
  1  preceding acquisition. Applications for payment in lieu of
  2  taxes shall be made no later than January 31 of the year
  3  following acquisition. No payment in lieu of taxes shall be
  4  made for properties which were exempt from ad valorem taxation
  5  for the year immediately preceding acquisition.  If property
  6  that was subject to ad valorem taxation was acquired by a
  7  tax-exempt entity for ultimate conveyance to the state under
  8  this chapter, payment in lieu of taxes shall be made for such
  9  property based upon the average amount of taxes paid on the
10  property for the 3 years prior to its being removed from the
11  tax rolls. The water management districts shall certify to the
12  Department of Revenue those properties that may be eligible
13  under this provision. Once eligibility has been established,
14  that governmental entity shall receive 10 consecutive annual
15  payments for each tax loss, and no further eligibility
16  determination shall be made during that period.
17         (e)  Payment in lieu of taxes pursuant to this
18  subsection shall be made annually to qualifying counties and
19  local governments after certification by the Department of
20  Revenue that the amounts applied for are reasonably
21  appropriate, based on the amount of actual taxes paid on the
22  eligible property, and after the water management districts
23  have provided supporting documents to the Comptroller and have
24  requested that payment be made in accordance with the
25  requirements of this section.
26         (f)  If a water management district conveys to a county
27  or local government title to any land owned by the district,
28  any payments in lieu of taxes on the land made to the county
29  or local government shall be discontinued as of the date of
30  the conveyance.
31
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    CS for CS for SB 1710                          First Engrossed
  1         (g)  The districts may make retroactive payments to
  2  counties and local governments that did not receive payments
  3  in lieu of taxes for lands purchased under ss. 259.101 and
  4  373.59 during fiscal year 1999-2000 if the counties and local
  5  governments would have received those payments under ss.
  6  259.032(12) and 373.59(14).
  7         Section 17.  Section 375.051, Florida Statutes, is
  8  amended to read:
  9         375.051  Issuance of revenue bonds subject to
10  constitutional authorization.--The acquisition of lands, water
11  areas, and related resources by the department under this act
12  is a public purpose for which revenue bonds may be issued when
13  and only when there has been granted in the State Constitution
14  specific authorization for the department to issue revenue
15  bonds to pay the cost of acquiring such lands, water areas,
16  and related resources and to construct, improve, enlarge, and
17  extend capital improvements and facilities thereon as
18  determined by the department to be necessary for the purposes
19  of this act.  The department may utilize the services and
20  facilities of the Department of Legal Affairs, the Board of
21  Administration, or any other agency in this regard.  No
22  revenue bonds, revenue certificates, or other evidences of
23  indebtedness shall be issued for the purposes of this act
24  except as specifically authorized by the State Constitution.
25  All revenue bonds, revenue certificates, or other evidences of
26  indebtedness issued pursuant to this act shall be submitted to
27  the State Board of Administration for approval or disapproval.
28  No individual series of bonds may be issued pursuant to this
29  section unless the first year's debt service for the remainder
30  of the fiscal year in which the bonds are issued such bonds is
31  specifically appropriated in the General Appropriations Act.
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    CS for CS for SB 1710                          First Engrossed
  1         Section 18.  Subsection (1) of section 375.075, Florida
  2  Statutes, is amended to read:
  3         375.075  Outdoor recreation; financial assistance to
  4  local governments.--
  5         (1)  The Department of Environmental Protection is
  6  authorized, pursuant to s. 370.023, to establish the Florida
  7  Recreation Development Assistance Program to provide grants to
  8  qualified local governmental entities to acquire or develop
  9  land for public outdoor recreation purposes. To the extent not
10  needed for debt service on bonds issued pursuant to s.
11  375.051, each fiscal year through fiscal year 2000-2001, the
12  department shall develop and plan a program which shall be
13  based upon funding of not less than 5 percent of the money
14  credited to the Land Acquisition Trust Fund pursuant to s.
15  201.15(2) and (3) in that year. Beginning fiscal year
16  2001-2002, the department shall develop and plan a program
17  which shall be based upon the cumulative total funding
18  provided from this section and from the Florida Forever Trust
19  Fund pursuant to s. 259.105(3)(c).
20         Section 19.  Subsection (11) of section 380.507,
21  Florida Statutes, is amended to read:
22         380.507  Powers of the trust.--The trust shall have all
23  the powers necessary or convenient to carry out the purposes
24  and provisions of this part, including:
25         (11)  To make rules necessary to carry out the purposes
26  of this part and to exercise any power granted in this part,
27  pursuant to the provisions of chapter 120. The trust shall
28  adopt rules governing the acquisition of lands by local
29  governments or the trust using proceeds from the Preservation
30  2000 Trust Fund and the Florida Forever Trust Fund, consistent
31  with the intent expressed in the Florida Forever Act. Such
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    CS for CS for SB 1710                          First Engrossed
  1  rules for land acquisition must include, but are not limited
  2  to, procedures for appraisals and confidentiality consistent
  3  with ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a
  4  method of determining a maximum purchase price, and procedures
  5  to assure that the land is acquired in a voluntarily
  6  negotiated transaction, surveyed, conveyed with marketable
  7  title, and examined for hazardous materials contamination.
  8  Land acquisition procedures of a local land authority created
  9  pursuant to s. 380.0663 or s. 380.0677 may be used for the
10  land acquisition programs described by ss. 259.101(3)(c) and
11  259.105 if within areas of critical state concern designated
12  pursuant to s. 380.05, subject to approval of the trust.
13         Section 20.  Subsection (7) of section 380.510, Florida
14  Statutes, is amended to read:
15         380.510  Conditions of grants and loans.--
16         (7)  Any funds received by the trust from the
17  Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and
18  the Florida Forever Trust Fund pursuant to s. 259.105(3)(c)
19  shall be held separate and apart from any other funds held by
20  the trust and shall be used only to pay the cost of the
21  acquisition of lands by a local government or the state for
22  the land acquisition purposes of this part. In addition to the
23  other conditions set forth in this section, the disbursement
24  of Preservation 2000 and Florida Forever funds from the trust
25  shall be subject to the following conditions:
26         (a)  The administration and use of any funds received
27  by the trust from the Preservation 2000 Trust Fund and the
28  Florida Forever Trust Fund shall be subject to such terms and
29  conditions imposed thereon by the agency of the state
30  responsible for the bonds, the proceeds of which are deposited
31  in the Preservation 2000 Trust Fund and the Florida Forever
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    CS for CS for SB 1710                          First Engrossed
  1  Trust Fund, including restrictions imposed to ensure that the
  2  interest on any such bonds issued by the state as tax-exempt
  3  bonds will not be included in the gross income of the holders
  4  of such bonds for federal income 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 21.  Notwithstanding the provisions of section
23  259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter
24  92-288, Laws of Florida), regarding the set-aside of funds for
25  land acquisition in areas of critical state concern, $2.5
26  million from funds previously approved is hereby designated to
27  the City of Apalachicola for land acquisition associated with
28  the area of critical state concern to assist in completing the
29  City's sewer improvement program. This appropriation is
30  contingent upon the review of the city's proposal and a
31  determination by the Department of Community Affairs that the
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    CS for CS for SB 1710                          First Engrossed
  1  proposed project is an eligible use of funds under the Florida
  2  Communities Trust program. The city is not required to provide
  3  matching funds for the approved project.
  4         Section 22.  Subsection (9) of section 211.3103,
  5  Florida Statutes, is repealed.
  6         Section 23.  Except as otherwise provided in this act,
  7  this act shall take effect upon becoming a law.
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