Senate Bill sb1758

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    Florida Senate - 2001                                  SB 1758

    By Senator Laurent





    17-1424A-01                                             See HB

  1                      A bill to be entitled

  2         An act relating to rural land conservation

  3         easements; creating the "Rural and Family Lands

  4         Protection Act"; defining terms; creating s.

  5         570.70, F.S.; providing for the purchase of

  6         rural land conservation easements by the

  7         Department of Agriculture and Consumer

  8         Services; providing criteria; providing for an

  9         application process; directing the department

10         to seek funds from federal sources; amending s.

11         201.15, F.S.; providing for the distribution of

12         certain taxes to the department to be used for

13         the program; creating s. 215.619, F.S.;

14         providing for bonds; providing an effective

15         date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Short title.--This act may be cited as the

20  "Rural and Family Lands Protection Act."

21         Section 2.  Definitions.--As used in this act, the

22  term:

23         (1)  "Department" means the Department of Agriculture

24  and Consumer Services.

25         (2)  "Rural land conservation easement" means a

26  perpetual or nonperpetual easement purchased by the department

27  under terms and procedures set forth in this act.

28         (3)  "Resource conservation agreement" means a contract

29  for conservation services with annual payments for terms of

30  not less than 5 and not more than 10 years.

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    Florida Senate - 2001                                  SB 1758
    17-1424A-01                                             See HB




  1         Section 3.  Section 570.70, Florida Statutes, is

  2  created to read:

  3         570.70  Purchase of rural land conservation easement.--

  4         (1)  For the purposes of limiting subdivision and

  5  conversion of farmland that provides economic, open space,

  6  water, and wildlife benefits, and to retain those benefits for

  7  current and future generations, the department shall conduct a

  8  program to purchase rural land conservation easements of the

  9  following types:

10         (a)  Permanent easements as described in s. 704.06(2).

11         (b)  Thirty-year easements, the provisions of s. 704.06

12  to the contrary notwithstanding.

13         (2)  Rural land conservation easements shall be

14  targeted toward timber and ranch lands as defined by policies

15  of the department in consultation with the Department of

16  Environmental Protection, the Fish and Wildlife Conservation

17  Commission, and the water management districts.

18         (3)  The department shall establish an application,

19  selection, and agreement process to:

20         (a)  Emphasize wildlife and watershed benefits in

21  selecting applicants.

22         (b)  Define benefits, propose management plans, and

23  establish easement values.

24         (c)  Appraise individual rural land conservation

25  easements and underlying fee values.

26         (d)  Make annual or lump-sum payments for easements or

27  agreements.

28         (4)  Agreements to a 30-year easement will grant the

29  right to the department, the Board of Trustees of the Internal

30  Improvement Trust Fund, or the water management district where

31  the property is located to purchase the property or extend the

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    Florida Senate - 2001                                  SB 1758
    17-1424A-01                                             See HB




  1  easement based on current value at the time the easement was

  2  conveyed plus a reasonable escalator not to exceed 60 percent.

  3         (5)  Easement payments may be distributed in a lump sum

  4  from the proceeds of bonds under s. 215.619 or on a prorated

  5  annual basis.

  6         (6)  Easements may not prevent landowners from

  7  transferring the underlying fee title with the easement.

  8         (7)  For the purpose of compensating landowners for

  9  habitat and hydrological restoration the department may enter

10  into resource conservation agreements with the landowners. In

11  order to qualify for a resource conservation agreement a

12  landowner must enter into:

13         (a)  A conservation easement;

14         (b)  A perpetual rural land conservation easement; or

15         (c)  An enforceable option in favor of the Board of

16  Trustees of the Internal Improvement Trust Fund or its

17  designee to purchase a perpetual easement on the property or

18  fee title. This option would run with the term of the resource

19  conservation agreement and would establish the price of the

20  purchase at appraised value at the time of entering into the

21  agreement. The resource conservation agreement and the

22  accompanying option may be renewed by mutual consent. The

23  landowner and the state may agree on a purchase of the

24  easement at any time during the period of the resource

25  conservation agreement.

26         (8)  The department is directed to seek funds from

27  federal sources to use in combination with state funds to

28  carry out the purposes of the program described in this

29  section.

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    Florida Senate - 2001                                  SB 1758
    17-1424A-01                                             See HB




  1         (9)  The department is directed to develop criteria for

  2  use of bonded, appropriated, or grant funds to purchase

  3  conservation easements.

  4         Section 4.  Paragraph (c) of subsection (1) of section

  5  201.15, Florida Statutes, as amended by chapters 99-247,

  6  2000-151, 2000-170, and 2000-197, Laws of Florida, is amended

  7  to read:

  8         201.15  Distribution of taxes collected.--All taxes

  9  collected under this chapter shall be distributed as follows

10  and shall be subject to the service charge imposed in s.

11  215.20(1), except that such service charge shall not be levied

12  against any portion of taxes pledged to debt service on bonds

13  to the extent that the amount of the service charge is

14  required to pay any amounts relating to the bonds:

15         (1)  Sixty-two and sixty-three hundredths percent of

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

18         (c)  The remainder of the moneys distributed under this

19  subsection, after the required payments under paragraph (a),

20  shall be paid into the State Treasury to the credit of the

21  General Revenue Fund of the state to be used and expended for

22  the purposes for which the General Revenue Fund was created

23  and exists by law or to the Ecosystem Management and

24  Restoration Trust Fund or to the Marine Resources Conservation

25  Trust Fund as provided in subsection (11) or to the Department

26  of Agriculture and Consumer Services for payment or interest

27  on bonds for rural land conservation easements. Interest on

28  bonds for rural land conservation easements may not exceed $10

29  million in fiscal year 2002, $20 million in 2003, $30 million

30  in 2004, $40 million in 2005, $50 million in 2006, $60 million

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    Florida Senate - 2001                                  SB 1758
    17-1424A-01                                             See HB




  1  in 2007, $70 million in 2008, $80 million in 2009, $90 million

  2  in 2010, and $100 million in fiscal year 2011.

  3         Section 5.  Section 215.619, Florida Statutes, is

  4  created to read:

  5         215.619  Bonds for rural land conservation easements.--

  6         (1)  The issuance of bonds for the purchase of rural

  7  land conservation easements is authorized.

  8         (2)  Bonds issued pursuant to this section shall be

  9  payable from taxes distributed in s. 201.15(1)(c).

10         Section 6.  This act shall take effect July 1, 2001.

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13                       LEGISLATIVE SUMMARY

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      Creates the "Rural and Family Lands Protection Act" for
15    the purpose of limiting subdivision and conversion of
      farmland that provides economic, open space, water, and
16    wildlife benefits by directing the Department of
      Agriculture and Consumer Services to conduct a program to
17    purchase rural land conservation easements. (See bill for
      details.)
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