HOUSE AMENDMENT
                                                  Bill No. HB 1969
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Harrington offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (c) is added to subsection (2) of
18  section 253.034, Florida Statutes, and subsection (6) of said
19  section is amended, to read:
20         253.034  State-owned lands; uses.--
21         (2)  As used in this section, the following phrases
22  have the following meanings:
23         (c)  "Conservation lands" means lands that are
24  currently managed for conservation, outdoor resource-based
25  recreation, or archaeological or historic preservation, except
26  those lands that were acquired solely to facilitate the
27  acquisition of other conservation lands.  Lands acquired for
28  uses other than conservation, outdoor resource-based
29  recreation, or archaeological or historic preservation shall
30  not be designated conservation lands except as otherwise
31  authorized under this section.  These lands shall include, but
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    File original & 9 copies    04/25/01                          
    hep0001                     07:40 pm         01969-0072-503679

HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 not be limited to, the following: correction and detention 2 facilities, military installations and facilities, state 3 office buildings, maintenance yards, state university or state 4 community college campuses, agricultural field stations or 5 offices, tower sites, law enforcement and license facilities, 6 laboratories, hospitals, clinics, and other sites that possess 7 no significant natural or historical resources. However, 8 lands acquired solely to facilitate the acquisition of other 9 conservation lands, and for which the land management plan has 10 not yet been completed or updated, may be evaluated by the 11 Board of Trustees of the Internal Improvement Trust Fund on a 12 case-by-case basis to determine if they will be designated 13 conservation lands. 14 (6) The Board of Trustees of the Internal Improvement 15 Trust Fund shall determine which lands, the title to which is 16 vested in the board, may be surplused. Notwithstanding s. 17 253.111, For conservation lands, 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. In the case of a land exchange involving the disposition 21 of conservation lands, the board must determine by at least a 22 two-thirds vote that the exchange will result in a net 23 positive conservation benefit. For all other lands, the board 24 shall make a determination that the lands are no longer needed 25 and may dispose of them by majority vote. 26 (a) For the purposes of this subsection, all lands 27 acquired by the state prior to July 1, 1999, using proceeds 28 from the Preservation 2000 bonds, the Conservation and 29 Recreation Lands Trust Fund, the Water Management Lands Trust 30 Fund, Environmentally Endangered Lands Program, and the Save 31 Our Coast Program and titled to the board, which lands are 2 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 identified as core parcels or within original project 2 boundaries, shall be deemed to have been acquired for 3 conservation purposes. 4 (b) For any lands purchased by the state on or after 5 July 1, 1999, a determination shall be made by the board prior 6 to acquisition as to those parcels that shall be designated as 7 having been acquired for conservation purposes. No lands 8 acquired for use by the Department of Corrections, the 9 Department of Management Services for use as state offices, 10 the Department of Transportation, except those specifically 11 managed for conservation or recreation purposes, or the State 12 University System or the Florida Community College System 13 shall be designated as having been purchased for conservation 14 purposes. 15 (c) At least every 5 3 years, as a component of each 16 land management plan or land use plan and in a form and manner 17 prescribed by rule by the board, each management entity shall 18 evaluate and indicate to the board those lands that the entity 19 manages which are not being used for the purpose for which 20 they were originally leased. Such lands shall be reviewed by 21 the council for its recommendation as to whether such lands 22 should be disposed of by the board. 23 (d) Lands owned by the board which are not actively 24 managed by any state agency or for which a land management 25 plan has not been completed pursuant to subsection (5) shall 26 be reviewed by the council or its successor for its 27 recommendation as to whether such lands should be disposed of 28 by the board. 29 (e) Prior to any decision by the board to surplus 30 lands, the Acquisition and Restoration Council shall review 31 and make recommendations to the board concerning the request 3 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 for surplusing. The council shall determine whether the 2 request for surplusing is compatible with the resource values 3 of and management objectives for such lands. 4 (f) In reviewing lands owned by the board, the council 5 or its successor shall consider whether such lands would be 6 more appropriately owned or managed by the county or other 7 unit of local government in which the land is located. The 8 council or its successor shall recommend to the board whether 9 a sale, lease, or other conveyance to a local government would 10 be in the best interests of the state and local government. 11 The provisions of this paragraph in no way limit the 12 provisions of ss. 253.111 and 253.115. Such lands shall be 13 offered to the state, county, or local government for a period 14 of 30 90 days. Permittable uses for such surplus lands may 15 include public schools; public libraries; fire or law 16 enforcement substations; and governmental, judicial, or 17 recreational centers. County or local government requests for 18 surplus lands shall be expedited throughout the surplusing 19 process. If the county or local government does not elect to 20 purchase such lands in accordance with s. 253.111, then any 21 surplusing determination involving other governmental agencies 22 shall be made upon the board deciding the best public use of 23 the lands. State agencies shall have the subsequent 24 opportunity to acquire the surplus lands for a period not to 25 exceed 30 days after the offer to a county or local government 26 expires. Surplus properties in which governmental agencies 27 have expressed no interest shall then be available for sale on 28 the private market. 29 (g) Lands determined to be surplus pursuant to this 30 subsection shall be sold for appraised fair market value or 31 the price paid by the state or a water management district to 4 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 originally acquire the lands, whichever is greater, except 2 when the board or its designee determines a different sale 3 price is in the public interest. However, for those that the 4 price of lands sold as surplus to any unit of government, the 5 price shall not exceed the price paid by the state or a water 6 management district to originally acquire the lands. A unit of 7 government which acquires title to lands hereunder for less 8 than appraised fair market value may not sell or transfer 9 title to all or any portion of the lands to any private owner 10 for a period of 10 years. Any unit of government seeking to 11 transfer or sell lands pursuant to this paragraph shall first 12 allow the board of trustees to reacquire such lands. The 13 board of trustees may reacquire such lands for the price at 14 which they sold such lands. 15 (h) Where a unit of government acquired land by gift, 16 donation, grant, quit-claim deed, or other such conveyance 17 where no monetary consideration was exchanged, the price of 18 land sold as surplus may be based on one appraisal. In the 19 event that a single appraisal yields a value equal to or 20 greater than $1 million, a second appraisal is required. shall 21 not exceed the fair market value of the lands. Fair market 22 value shall be determined by the average of two separate 23 appraisals. The individual or entity requesting the surplus 24 shall select and use appraisers from the list of approved 25 appraisers maintained by the Division of State Lands in 26 accordance with s. 253.025(6)(b). The individual or entity 27 requesting the surplus is to incur all costs of the 28 appraisals. 29 (i) After reviewing the recommendations of the council 30 or its successor, the board shall determine whether lands 31 identified for surplus are to be held for other public 5 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 purposes or whether such lands are no longer needed. The 2 board may require an agency to release its interest in such 3 lands. For an agency that has requested the use of a property 4 that was to be declared as surplus, said agency must have the 5 property under lease within six months of the date of 6 expiration of the notice provisions required under ss. 7 253.034(6) and 253.111. 8 (j) Requests for surplusing may be made by any public 9 or private entity or person. All requests shall be submitted 10 to the lead managing agency for review and recommendation to 11 the council or its successor. Lead managing agencies shall 12 have 90 days to review such requests and make recommendations. 13 Any surplusing requests that have not been acted upon within 14 the 90-day time period shall be immediately scheduled for 15 hearing at the next regularly scheduled meeting of the council 16 or its successor. Requests for surplusing pursuant to this 17 paragraph shall not be required to be offered to local or 18 state governments as provided in paragraph (f). 19 (k) Proceeds from any sale of surplus lands pursuant 20 to this subsection shall be deposited into the fund from which 21 such lands were acquired. However, if the fund from which the 22 lands were originally acquired no longer exists, such proceeds 23 shall be deposited into an appropriate account to be used for 24 land management by the lead managing agency assigned the lands 25 prior to the lands being declared surplus. Funds received from 26 the sale of surplus nonconservation lands, or lands that were 27 acquired by gift, by donation, or for no consideration, shall 28 be deposited into the Internal Improvement Trust Fund. 29 (l) Notwithstanding the provisions of this subsection, 30 no such disposition of land shall be made if such disposition 31 would have the effect of causing all or any portion of the 6 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 interest on any revenue bonds issued to lose the exclusion 2 from gross income for federal income tax purposes. 3 (m) The sale of filled, formerly submerged land that 4 does not exceed 5 acres in area is not subject to review by 5 the council or its successor. 6 Section 2. Subsection (3) of section 253.111, Florida 7 Statutes, is amended, and paragraph (c) is added to subsection 8 (6) of said section, to read: 9 253.111 Notice to board of county commissioners before 10 sale.--The Board of Trustees of the Internal Improvement Trust 11 Fund of the state may not sell any land to which they hold 12 title unless and until they afford an opportunity to the 13 county in which such land is situated to receive such land on 14 the following terms and conditions: 15 (3) If the board receives, within 30 45 days after 16 notice is given to the board of county commissioners pursuant 17 to subsection (1), the certified copy of the resolution 18 provided for in subsection (2), the board shall forthwith 19 convey to the county such land at a price that is equal to its 20 appraised market value established by generally accepted 21 professional standards for real estate appraisal and subject 22 to such other terms and conditions as the board determines. 23 (6) This section does not apply to: 24 (a) Any land exchange approved by the board; or 25 (b) The conveyance of any lands located within the 26 Everglades Agricultural Area; or. 27 (c) Lands managed pursuant to ss. 253.781-253.785. 28 Section 3. Paragraphs (h) and (i) of subsection (5) of 29 section 253.115, Florida Statutes, are amended, and paragraph 30 (j) is added to said subsection, to read: 31 253.115 Public notice and hearings.-- 7 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 (5) The notice and publication requirements of this 2 section do not apply to: 3 (h) The conveyance of lands pursuant to the provisions 4 of s. 373.4592(4)(b); or 5 (i) Renewals, modifications, or assignments; or. 6 (j) Lands managed pursuant to ss. 253.781-253.785. 7 Section 4. Section 253.781, Florida Statutes, is 8 amended to read: 9 253.781 Retention of state-owned lands along former 10 Cross Florida Barge Canal route; creation of Marjorie Harris 11 Carr Cross Florida Greenway Greenways State Recreation and 12 Conservation Area; authorizing transfer to the Federal 13 Government for inclusion in Ocala National Forest.-- 14 (1) It is the intent of the Legislature to conserve 15 and protect the natural resources and scenic beauty of the 16 Ocklawaha Oklawaha River Valley and all lands and interests 17 formerly acquired by the state or Federal Government for 18 construction and operation of the Cross Florida Barge Canal. 19 It is the finding of the Legislature that these areas have a 20 significant impact upon environmental and recreational 21 resources of statewide importance and that public ownership of 22 and access to such areas are necessary and desirable to 23 protect the health, welfare, safety, and quality of life of 24 the residents of this state and to implement s. 7, Art. II of 25 the State Constitution. It is further the finding of the 26 Legislature that retention of ownership and control of the 27 majority of the lands by the state and the ownership and 28 control of additional portions by the Federal Government as 29 part of the Ocala National Forest will properly protect and 30 conserve the natural resources and scenic beauty of Florida, 31 enhance recreational opportunities, and be in the public 8 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 interest. To achieve these goals, the Legislature hereby 2 creates the Marjorie Harris Carr Cross Florida Greenway 3 Greenways State Recreation and Conservation Area. 4 (2) The department is authorized to transfer for 5 consideration ownership of all lands or interests in lands 6 previously owned by the canal authority contained within the 7 existing boundary of the Ocala National Forest and any 8 extension of the boundary of the Ocala National Forest in 9 Putnam County to the United States Department of Agriculture 10 for the purpose of inclusion in the Ocala National Forest. 11 (3) The Board of Trustees of the Internal Improvement 12 Trust Fund may acquire by purchase, exchange of other state 13 lands, or the exercise of the power of eminent domain the fee 14 title to lands acquired in less-than-fee title and to 15 privately owned lands that break the continuity of publicly 16 owned lands within the original canal corridor as specified in 17 the University Planning Team Greenway Management Plan along 18 the canal route, using canal authority assets transferred to 19 the department or using state, local, or federal funds 20 dedicated to acquiring lands for conservation and recreation. 21 The Legislature finds that such exercise of the power of 22 eminent domain to accomplish the purposes of this section is 23 necessary and for a public purpose. Such power of eminent 24 domain must be exercised pursuant to chapter 73. 25 (4) Lands transferred pursuant to this section by the 26 department may reserve existing road rights-of-way. 27 Section 5. Section 253.7821, Florida Statutes, is 28 amended to read: 29 253.7821 Marjorie Harris Carr Cross Florida Greenway 30 Greenways State Recreation and Conservation Area assigned to 31 the Office of the Executive Director.--The Marjorie Harris 9 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 Carr Cross Florida Greenway Greenways State Recreation and 2 Conservation Area (Greenway) is hereby established and is 3 initially assigned to the Office of Greenways and Trails 4 Management within the Office of the Secretary. The office 5 shall manage the Greenway greenways pursuant to the 6 department's existing statutory authority until administrative 7 rules are adopted by the department. However, the provisions 8 of this act shall control in any conflict between this act and 9 any other authority of the department. 10 Section 6. Section 253.7822, Florida Statutes, is 11 amended to read: 12 253.7822 Boundaries of the Marjorie Harris Carr Cross 13 Florida Greenway Greenways State Recreation and Conservation 14 Area; coordination of management activities.-- 15 (1) The initial boundaries of the Greenway greenways 16 shall be as follows, as described in the August 30, 1992, 17 management plan published by the University of Florida 18 University Planning Team: 19 (a) Segments 1, 2, 5, 6, 7, 8, and 9 of the Base 20 Boundary. 21 (b) Segments 3 and 4 of the Payback Boundary II. 22 (2) The Board of Trustees of the Internal Improvement 23 Trust Fund is authorized to modify the recommended Greenway 24 boundary as described in subsection (1) to include other 25 contiguous lands acquired after the effective date of this act 26 which are suitable for recreation, conservation, or as 27 wildlife corridors within the greenways. The board is also 28 authorized to modify the Greenway greenways boundaries as 29 needed to resolve boundary disputes and to reflect the sale of 30 surplus lands; however, no such modifications may result in a 31 discontinuous corridor or a corridor less than 300 yards in 10 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 width, except as provided for by federal law. 2 (3) If lands located outside the greenways boundaries 3 are designated by the Board of Trustees of the Internal 4 Improvement Trust Fund as important to the overall management 5 of the greenways and are purchased by other land acquisition 6 programs, or are otherwise made available for management, the 7 board may direct the greenways-managing entity to coordinate 8 management activities to enhance the greenways to the greatest 9 extent possible, or assume lead agency responsibilities when 10 appropriate. 11 Section 7. Section 253.7823, Florida Statutes, is 12 amended to read: 13 253.7823 Disposition of surplus lands; compensation of 14 counties located within the Cross Florida Canal Navigation 15 District.-- 16 (1) The Board of Trustees of the Internal Improvement 17 Trust Fund may authorize the sale or exchange of surplus lands 18 within the former Cross Florida Barge Canal project corridor. 19 In identifying such surplus lands, the department shall give 20 consideration to those lands that are determined to be 21 unnecessary to effectuate the creation of recreational 22 opportunities and conservation activities for which the 23 Marjorie Harris Carr Cross Florida Greenway State Recreation 24 and Conservation Area was created. 25 (2) Sale or exchange of said surplus lands within the 26 former corridor, except for lands acquired under the 27 Preservation 2000 or Florida Forever programs, shall be 28 subject to the requirements of s. 253.783. 29 (3) Any fees from leases or easements or any proceeds 30 from the sale or exchange of lands within the former corridor, 31 except for fees from the sale or exchange of lands acquired 11 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 under the Preservation 2000 or Florida Forever programs, shall 2 be deposited into the Land Acquisition Trust Fund. 3 (1) The department shall identify parcels of former 4 barge canal lands which may be sold or exchanged as needed to 5 repay the counties of the Cross Florida Canal Navigation 6 District any sums due them pursuant to s. 253.783(2)(e). In 7 identifying said surplus lands, the department shall give 8 priority consideration to lands situated outside the 9 greenways' boundaries, those not having high recreation or 10 conservation values, and those having the greatest assessed 11 valuations. Although the department shall immediately begin to 12 identify the parcels of surplus lands to be sold, the 13 department shall offer the lands for sale in a manner designed 14 to maximize the amounts received over a reasonable period of 15 time. 16 (2) Disbursements of amounts due the counties shall be 17 made on a semiannual basis and shall be completed before any 18 additional lands or easements may be acquired within the 19 boundaries of the greenways. 20 (3) In addition to lands identified for sale to 21 generate funds for repayment of counties pursuant to s. 22 253.783(2)(e), the department is authorized to sell surplus 23 additional former canal lands if they are determined to be 24 unnecessary to the effective provision of the type of 25 recreational opportunities and conservation activities for 26 which the greenways were created. 27 (4) Until repayment to the counties pursuant to s. 28 253.783(2)(e) has been completed, any agency wishing to use 29 former canal lands must pay the full assessed value of said 30 lands. 31 Section 8. Subsections (1) and (2) and paragraphs (c) 12 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 and (d) of subsection (4) of section 253.7825, Florida 2 Statutes, are amended to read: 3 253.7825 Recreational uses.-- 4 (1) The Marjorie Harris Carr Cross Florida Greenway 5 Greenways State Recreation and Conservation Area must be 6 managed as a multiple-use area pursuant to s. 253.034(2)(a), 7 and as further provided herein. The University of Florida 8 Management Plan provides a conceptual recreational plan that 9 may ultimately be developed at various locations throughout 10 the Greenway greenways corridor. The plan proposes to locate a 11 number of the larger, more comprehensive and complex 12 recreational facilities in sensitive, natural resource areas. 13 Future site-specific studies and investigations must be 14 conducted by the department to determine compatibility with, 15 and potential for adverse impact to, existing natural 16 resources, need for the facility, the availability of other 17 alternative locations with reduced adverse impacts to existing 18 natural resources, and the proper specific sites and locations 19 for the more comprehensive and complex facilities. 20 Furthermore, it is appropriate, with the approval of the 21 department, to allow more fishing docks, boat launches, and 22 other user-oriented facilities to be developed and maintained 23 by local governments. 24 (2) In determining appropriate recreational uses of 25 Greenway greenways lands, the promotion and development of 26 resources-based activities shall be given priority 27 consideration, although user-oriented activities shall not be 28 arbitrarily prohibited when site-specific studies indicate 29 compatibility of the proposed use with natural or cultural 30 resources. 31 (4) 13 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 (c) Resources-based recreational activities associated 2 with the horse park-agricultural center, including, but not 3 limited to, recreational trails, trails for endurance or 4 competitive riding, steeplechase, and other related activities 5 may be permitted within the Greenway greenways boundary. The 6 Office of Greenways and Trails greenways managing entity shall 7 retain jurisdiction over such activities occurring within the 8 Greenway greenways boundary. 9 (d) Those activities and structures associated with 10 the horse park-agricultural center which are determined by the 11 Office of Greenways and Trails greenways managing entity to be 12 inappropriate uses of Greenway greenways lands shall be sited 13 on lands outside the Greenway greenways boundary. 14 Section 9. Section 253.7827, Florida Statutes, is 15 amended to read: 16 253.7827 Transportation and utility crossings of 17 Greenway greenways lands.-- 18 (1) The Legislature recognizes that from time to time 19 it may be necessary to serve statewide public needs by 20 allowing transportation and utility uses to cross the Greenway 21 greenways lands. When these crossings are needed, the 22 location and design should consider and mitigate the impact on 23 environmental resources, and the value of the land shall be 24 paid based on fair market value. 25 (2) In furtherance of previous legislative decisions 26 and policy, the Legislature recognizes the need for the 27 Lebanon Station-to-Wildwood Turnpike toll road extension and 28 the need for it to cross Greenway greenways lands at the 29 intersection of State Road 200 and State Road 484. The 30 Department of Transportation shall pay fair compensation for 31 the lands needed to accomplish the crossing of Greenway 14 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 greenways lands and shall mitigate the impacts of the crossing 2 to the extent practicable practical. 3 (3) Furthermore, the Legislature recognizes the needs 4 expressed by Marion County to provide for the southerly 5 extension of Sixtieth Avenue between State Road 200 and 6 Interstate 75 and for the extension to cross the Greenway 7 greenways lands to allow for the orderly growth and 8 development of Marion County. Right-of-way for this extension 9 across Greenway greenways lands shall be designed to mitigate 10 the impacts to the extent practicable practical, and the value 11 of such lands shall be paid based on fair market value or, at 12 the option of Marion County, the value can be subtracted from 13 the amount of reimbursement due the county pursuant to s. 14 253.783. 15 Section 10. Section 253.7828, Florida Statutes, is 16 amended to read: 17 253.7828 Impairment of use or conservation by agencies 18 prohibited.--All agencies of the state, regional planning 19 councils, water management districts, and local governments 20 shall recognize the special character of the lands and waters 21 designated by the state as the Marjorie Harris Carr Cross 22 Florida Greenway Greenways State Recreation and Conservation 23 Area and shall not take any action which will impair its use 24 and conservation. 25 Section 11. Section 253.7829, Florida Statutes, is 26 amended to read: 27 253.7829 Management plan for retention or disposition 28 of former Cross Florida Barge Canal lands; authority to manage 29 lands until disposition.-- 30 (1) It is declared to be in the public interest that 31 the department shall do and is hereby authorized to perform 15 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 any management activities for the public purposes described in 2 this section, and incur any and all expenses necessary, 3 convenient, and proper to: 4 (a) Provide updates as needed to the management plan 5 for the Marjorie Harris Carr Cross Florida Greenway State 6 Recreation and Conservation Area submitted to the Governor and 7 Cabinet on August 30, 1992. Updates will reflect boundary 8 amendments due to acquistion of additional lands; boundary 9 amendments due to surplus of lands identified in the 10 recommended boundary as described in s. 253.7822(1)(a) and 11 (b), and any changes in management activities. 12 (b) Operate and maintain existing lands and interests 13 in lands, appurtenances, structures, and facilities. 14 Operation and maintenance of water control structures may be 15 delegated by the department to the St. Johns River Water 16 Management District or the Southwest Florida Water Management 17 District, as necessary. Rights-of-way necessary for the 18 construction and maintenance of electric transmission lines 19 may be authorized. 20 (2) The development of hydroelectric power is a 21 compatible use of Greenway lands and may be considered by the 22 Board of Trustees of the Internal Improvement Trust Fund as an 23 allowable use within the Greenway boundary of Lake Rousseau 24 and the lower Withlacoochee River, provided that such 25 hydroelectric power complies with all requisite state and 26 federal environmental and water management standards. 27 (3) The final disposition of the water control 28 structures must be outlined in the management plan as adopted 29 by the Legislature. Such plan shall not be implemented until 30 state legislation specifically directing implementation of the 31 submitted plan or a modified plan, as recommended, becomes 16 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 effective. 2 (1) It is declared to be in the public interest that 3 the department shall do and is hereby authorized to do any and 4 all things and incur and pay from the canal authority assets, 5 for the public purposes described herein, any and all expenses 6 necessary, convenient, and proper to: 7 (a) Develop a management plan for the retention or 8 disposition of lands acquired for the Cross Florida Barge 9 Canal to be submitted to the Governor and Cabinet no later 10 than 2 years after the date of enactment of the Cross Florida 11 Barge Canal deauthorization act, which plan shall reflect a 12 consideration of alternatives for disposition as provided in 13 this section of all lands in fee or less than fee owned by the 14 Board of Trustees of the Internal Improvement Trust Fund, 15 including those lands previously owned by the canal authority 16 and the United States Army Corps of Engineers, and lands to be 17 transferred to the state by the United States Army Corps of 18 Engineers. The management plan shall establish a plan for 19 delineating the specific boundaries of the Cross Florida 20 Greenways State Recreation and Conservation Area. The 21 Legislature intends that such boundaries include, at a 22 minimum, a 300-yard-wide corridor, except where the original 23 corridor is a lesser width or except in areas where bridges 24 and roads cross the canal corridor, on former canal lands 25 within the original canal corridor extending from the St. 26 Johns River to the Gulf of Mexico, including all of the 27 Oklawaha River Valley and Rodman Reservoir, and all canal 28 works in all areas whether completed and in use or not, but 29 excluding all parts of Lake Rousseau. Such boundaries may 30 include other former canal lands according to the following 31 criteria: 17 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 1. The proximity of the lands to former canal corridor 2 lands. 3 2. The environmental sensitivity or importance of the 4 lands or its characteristics as a unique or significant 5 wildlife habitat. 6 3. The proximity of the lands to existing state or 7 federal land which is maintained, at least in part, as natural 8 wildlife habitat, so that the addition of the parcel would 9 function as a wildlife corridor, or as additional habitat. 10 4. The potential of the lands to be developed as 11 outdoor recreation lands. 12 13 Commercially valuable parcels, including those parcels near 14 road crossings, within the canal corridor which do not meet 15 the criteria of subparagraphs 1.-4. and other former canal 16 lands which are not included within the boundaries of the 17 Cross Florida Greenways State Recreation and Conservation Area 18 under the criteria of subparagraphs 1.-4., may be disposed of 19 as surplus lands pursuant to s. 253.783(2)(a)-(d). Such 20 alternatives for disposition will include retention by the 21 state or any agency thereof for the specific public purposes 22 outlined in this paragraph or by the counties or adjacent 23 municipalities for recreational or conservation purposes, and 24 a declaration of lands not to be retained as surplus lands to 25 be disposed of pursuant to s. 253.783(2)(a)-(d). The 26 management plan shall also address any remedial measures 27 necessary to correct any environmental or economic damage 28 caused by works constructed as a part of or as a result of the 29 Cross Florida Barge Canal. 30 (b) Operate and maintain existing lands and interests 31 in lands, appurtenances, structures, and facilities. Operation 18 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 and maintenance of water control structures may be delegated 2 by the department to the St. Johns River Water Management 3 District or the Southwest Florida Water Management District, 4 as necessary. Rights-of-way necessary for the construction and 5 maintenance of electric transmission lines may be authorized. 6 (2) The development of hydroelectric power is a 7 compatible use of greenway land and may be considered by the 8 Board of Trustees of the Internal Improvement Trust Fund as an 9 allowable use within the greenways of Lake Rousseau and the 10 lower Withlacoochee River, provided that such hydroelectric 11 power complies with all requisite state and federal 12 environmental and water management standards. 13 (3)(a) Before taking any action to control the rhesus 14 monkey population located in Marion County, the Fish and 15 Wildlife Conservation Commission shall conduct a study of the 16 options available to them to deal with control of the rhesus 17 monkeys located within a 10-mile radius of the convergence of 18 the Oklawaha and Silver Rivers. The options studied shall 19 include but not be limited to: 20 1. Developing a management plan to allow the monkeys 21 to remain in their present locations. 22 2. Relocating all or some of the monkeys to 23 appropriate private state or federal lands in the United 24 States. 25 3. Sterilizing all or some of the monkeys, regardless 26 of whether they remain in their present location or are 27 relocated. 28 4. Euthanizing all or some of the monkeys. 29 (b) During the time the study is being conducted, the 30 Fish and Wildlife Conservation Commission may control monkeys 31 that constitute a threat to visitors to such area. Such 19 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 control includes, but is not limited to, the right to deny 2 public access to any area where the monkeys are known to 3 congregate. The Fish and Wildlife Conservation Commission 4 shall post adequate warning signs in areas to which the public 5 is denied access. 6 (c) The Fish and Wildlife Conservation Commission may 7 consult with any other local or state agency while conducting 8 the study and may subcontract with any such agency to complete 9 the study. 10 (d) The study of the options shall be delivered to the 11 Board of Trustees of the Internal Improvement Trust Fund. 12 (e) Nothing in this subsection affects the signed 13 agreement between the department and the Silver Springs 14 Attraction regarding the relocation of rhesus monkeys from 15 Silver River State Park to the attraction, and such agreement 16 continues to be valid. 17 (4) The Board of Trustees of the Internal Improvement 18 Trust Fund may authorize the sale or exchange of surplus lands 19 within the former Cross Florida Barge Canal project corridor 20 and the acquisition of privately owned lands or easements over 21 such privately owned lands within the project corridor 22 necessary for purposes of completing a continuous corridor or 23 for other management purposes provided by law. However, such 24 acquisition shall be funded from the proceeds of any sale or 25 exchange of surplus canal lands after repayment to the 26 counties, as provided in s. 253.783(2)(e), or from other funds 27 appropriated by the Legislature. 28 (5) The management plan shall specifically and in 29 sufficient detail address the canal corridor lands comprising 30 the Oklawaha River Valley, identifying the recreational and 31 scientific management options which are environmentally 20 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 desirable and cost-effective. The management plan shall be 2 consistent with the ultimate aim of developing an overall 3 integrated management plan for continued preservation of the 4 entire Oklawaha River Valley ecosystem. 5 (6) The management plan shall be prepared by the 6 department. The management plan shall be submitted to the 7 Governor, the President of the Senate, the Speaker of the 8 House of Representatives, the minority leaders of the Senate 9 and the House of Representatives, and the chairs of the Senate 10 Committee on Natural Resources and Conservation and the House 11 Committee on Natural Resources, no later than 2 years from the 12 deauthorization of the Cross Florida Barge Canal. Operation 13 and maintenance of water control structures shall be delegated 14 to the Southwest Florida Water Management District and the St. 15 Johns River Water Management District or a responsible entity 16 contracted by the districts during the period from November 17 28, 1992, until the management plan is completed by the canal 18 authority and is adopted by the Legislature. The final 19 disposition of the water control structures must be outlined 20 in this management plan as adopted by the Legislature. Such 21 plan shall not be implemented until state legislation 22 specifically directing implementation of the submitted plan or 23 a modified plan, as recommended, becomes effective. 24 Section 12. Paragraphs (a) and (e) of subsection (2) 25 of section 253.783, Florida Statutes, are amended to read: 26 253.783 Additional powers and duties of the 27 department; disposition of surplus lands; payments to 28 counties.-- 29 (2) It is declared to be in the public interest that 30 the department shall do and is hereby authorized to do any and 31 all things and incur and pay, for the public purposes 21 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 described herein, any and all expenses necessary, convenient, 2 and proper to: 3 (a) Offer any land declared to be surplus, at current 4 appraised value, to the counties in which the surplus land 5 lies, for acquisition for specific public purposes. Any 6 county, at its option, may elect to acquire any lands so 7 offered without monetary payment. The fair market value of 8 any parcels so transferred shall be subtracted from the 9 county's reimbursement under paragraph (e). These offers will 10 be made within 3 calendar months after the date the management 11 plan is adopted and will be valid for 180 days after the date 12 of the offer. 13 (e) Refund to the counties of the Cross Florida Canal 14 Navigation District moneys pursuant to this paragraph from the 15 funds derived from the conveyance of lands of the project to 16 the Federal Government or any agency thereof, pursuant to s. 17 253.781, and from the sales of surplus lands pursuant to this 18 section. Following federal deauthorization of the project, 19 such refunds shall consist of the $9,340,720 principal in ad 20 valorem taxes contributed by the counties and the interest 21 which had accrued on that amount from the time of payment to 22 June 30, 1985. In no event shall the counties be paid less 23 than the aggregate sum of $32 million in cash or the appraised 24 values of the surplus lands. Such refunds shall be in 25 proportion to the ad valorem tax share paid to the Cross 26 Florida Canal Navigation District by the respective counties. 27 Should the funds derived from the conveyance of lands of the 28 project to the Federal Government for payment or from the sale 29 of surplus land be inadequate to pay the total of the 30 principal plus interest, first priority shall be given to 31 repaying the principal and second priority shall be given to 22 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 repaying the interest. Interest to be refunded to the counties 2 shall be compounded annually at the following rates: 3 1937-1950, 4 percent; 1951-1960, 5 percent; 1961-1970, 6 4 percent; 1971-1975, 7 percent; 1976-June 30, 1985, 8 percent. 5 In computing interest, amounts already repaid to the counties 6 shall not be subject to further assessments of interest. Any 7 partial repayments provided to the counties under this act 8 shall be considered as contributing to the total repayment 9 owed to the counties. Should the funds generated by conveyance 10 to the Federal Government and sales of surplus lands be more 11 than sufficient to repay said counties in accordance with this 12 section, such excess funds may be used for the maintenance of 13 the greenways corridor. 14 Section 13. Subsection (2) of section 253.82, Florida 15 Statutes, is amended to read: 16 253.82 Title of state or private owners to Murphy Act 17 lands.-- 18 (2)(a) The title to any land which was acquired by the 19 state under chapter 18296, Laws of Florida, 1937, except those 20 parcels which have been sold, conveyed, dedicated, or released 21 by the state pursuant to subsection (1), is hereby vested in 22 the Board of Trustees of the Internal Improvement Trust Fund. 23 (b) Land to which title is vested in the board of 24 trustees by paragraph (a) shall be treated in the same manner 25 as other nonsovereignty lands owned by the board. However, 26 any parcel of land the title to which is vested in the Board 27 of Trustees of the Internal Improvement Trust Fund pursuant to 28 this section which is 10 5 acres or less in size and has an 29 appraised market value of $250,000 $100,000 or less is hereby 30 declared surplus, except for lands determined to be needed for 31 state use, and may be sold in any manner provided by law. Only 23 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 one appraisal shall be required for a sale of such land. All 2 proceeds from the sale of such land shall be deposited into 3 the Internal Improvement Trust Fund. The Board of Trustees of 4 the Internal Improvement Trust Fund is authorized to adopt 5 rules to implement the provisions of this subsection 6 Conservation and Recreation Lands Trust Fund. 7 (c) The holder of a claim or lien against land vested 8 in the board of trustees by paragraph (a), including a 9 municipality or special taxing district, has until October 1, 10 1985, to institute suit in a court of competent jurisdiction 11 to establish or enforce the claim or lien. The failure to 12 institute suit by October 1, 1985, is conclusive evidence of 13 abandonment of the claim or lien, and such claim or lien will 14 become unenforceable. This paragraph shall not operate to 15 revive any claim or lien previously extinguished by operation 16 of law. 17 Section 14. Section 253.86, Florida Statutes, is 18 created to read: 19 253.86 Management and use of state-owned or other 20 uplands; rulemaking authority.-- 21 (1) The Office of Coastal and Aquatic Managed Areas of 22 the Department of Environmental Protection shall have the 23 authority to promulgate rules to govern the management and use 24 of state-owned or other uplands assigned to it for management. 25 Such rules may include, but shall not be limited to, 26 establishing prohibited activities or restrictions on 27 activities, consistent with the purposes for which the lands 28 were acquired, designated, or dedicated, and charging fees for 29 use of lands. All fees collected shall be used for the 30 management of uplands managed by the office. 31 (2) Any person violating or otherwise failing to 24 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 comply with the rules adopted under this section commits a 2 noncriminal violation as defined in s. 775.08(3), punishable 3 by fine, not to exceed $500 per violation. 4 Section 15. Section 259.0324, Florida Statutes, is 5 created to read: 6 259.0324 Citizenship Conservation and Education 7 Program.-- 8 (1) There is created the Citizenship Conservation and 9 Education Program to assist the state in the management of its 10 conservation and recreation lands and to educate residents and 11 visitors, especially children. 12 (2) The Legislature finds that: 13 (a) Informed citizen participation is necessary to 14 improve and expand efforts to preserve, conserve, and restore 15 our natural heritage and environment. 16 (b) Many children are not afforded scientific 17 place-based opportunities to gain hands-on experience or 18 knowledge that supports understanding of our natural world. 19 (c) Many families and individuals, especially those 20 living in urban environments, are not aware of or do not have 21 sufficient access to Florida's extensive conservation and 22 recreational lands. 23 (d) Many residents and visitors have little knowledge 24 of the composition of ecosystems and the impact of various 25 activities on them. 26 (3) As used in this section: 27 (a) "Agency" means any governmental entity receiving 28 funds for management purposes pursuant to s. 259.032. 29 (b) "Conservation education" means the practice of 30 providing outdoor experiences and interpretation regarding 31 natural systems, plants, animals, and water, and 25 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 interconnections among them. 2 (c) "Conservation education destinations" means public 3 lands and buildings used for the purpose of providing 4 educational experiences and information. 5 (d) "Conservation education providers" means 6 organizations that currently or may at some time offer to 7 provide conservation education experiences or destinations. At 8 a minimum, any such providers shall be: 9 1. A Florida corporation not for profit incorporated 10 under the provisions of chapter 617 and approved by the 11 Department of State. 12 2. Organized and operated to conduct programs and 13 activities; raise funds; request and receive grants, gifts, 14 and bequests of money; acquire, receive, hold, invest, and 15 administer, in its own name, securities, funds, objects of 16 value, or other property, real or personal; and make 17 expenditures to or for the direct or indirect benefit of 18 conservation and recreational lands owned by the state. 19 3. Determined by the appropriate lead managing agency 20 to be consistent with the goals of that agency and in the best 21 interests of the state. 22 4. Approved in writing by the appropriate lead 23 managing agency to operate for the direct or indirect benefit 24 of publicly owned conservation and recreational lands. Such 25 approval shall be given in a letter of agreement from the lead 26 managing agency. 27 (4) Agencies may permit, without charge, appropriate 28 use of fixed property and facilities on their conservation and 29 recreation lands by conservation education providers, subject 30 to the provisions of this section. Such use shall be directly 31 in keeping with the approved purposes of the conservation 26 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 education provider and may not be made at times or places that 2 would unreasonably interfere with opportunities for the 3 general public to use the property or facilities. 4 (5) Agencies may prescribe by rule any condition with 5 which a conservation education provider shall comply in order 6 to use fixed property or facilities. 7 (6) Agencies shall not permit the use of any fixed 8 property or facilities by a conservation education provider 9 that does not provide equal membership and employment 10 opportunities to all persons regardless of race, color, 11 religion, sex, age, or national origin. 12 (7) Agencies are authorized to properly recognize and 13 honor conservation education providers who make donations of 14 matching funds by placing a plaque or other appropriate 15 designation noting the contribution to project facilities, or 16 by naming project facilities after the provider who made the 17 donation. 18 (8) Agencies are authorized to adopt necessary 19 administrative rules to carry out the purposes of this 20 section. 21 Section 16. Subsections (1), (7), (8) and (9) of 22 section 259.0345, Florida Statutes, are amended to read: 23 259.0345 Florida Forever Advisory Council.-- 24 (1)(a) There is hereby created the Florida Forever 25 Advisory Council, consisting of seven residents of this state 26 who shall be appointed by the Governor. The appointments 27 shall include one member from within the geographic boundaries 28 of each water management district who has resided in the 29 district for at least 1 year. The remaining appointments 30 shall come from the state at large. The membership of the 31 council shall be representative of agriculture, the 27 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 development community, local government, the environmental 2 community, and the scientific and technical community who have 3 substantial experience in areas of land, water, and wildlife 4 management and other related areas. 5 (b) The members appointed by the Governor shall serve 6 3-year terms, except that, initially, to provide for staggered 7 terms, three of the appointees shall serve 2-year terms. No 8 appointee shall serve more than 6 years. The Governor may at 9 any time fill a vacancy for the unexpired term of a member 10 appointed under paragraph (a). 11 (c) Additionally, the President of the Senate and the 12 Speaker of the House of Representatives shall each appoint one 13 ad hoc nonvoting member from their respective chambers. Such 14 members shall be appointed from a standing committee that has 15 a jurisdictional responsibility for the Department of 16 Environmental Protection. These appointees shall serve for 17 the duration of the term of the appointing President or 18 Speaker. 19 (c)(d) No person who is or has been a lobbyist as 20 defined in s. 112.3148, at any time during the 24 months 21 preceding appointment to the council, for any entity whose 22 interests could be affected by actions or decisions of the 23 council, shall be appointed to the council. 24 (d)(e) The council shall, at a minimum, meet twice a 25 year. 26 (7) The council shall provide a report, by December 27 15, 2000, to the Secretary of Environmental Protection, who 28 shall forward the report to the board of trustees for their 29 approval. After approval by the board of trustees, the 30 secretary shall forward the approved report to the President 31 of the Senate and the Speaker of the House of Representatives, 28 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 prior to the beginning of the 2001 Regular Legislative 2 Session, for review by the appropriate substantive legislative 3 committee from which the Florida Forever Act originated, or 4 its successor. The Legislature may reject, modify, or take no 5 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 solely with respect to 9 the funding provided pursuant to s. 259.105(3)(b): 10 (a) Establish specific goals for those identified in 11 s. 259.105(4). 12 (b) Provide recommendations expanding or refining the 13 goals identified in s. 259.105(4). 14 (c) Identify specific performance measures that may be 15 used to analyze progress towards the goals established. 16 17 It is recognized that during the development of this report, 18 the council may identify other recommendations concerning the 19 implementation of Florida Forever. These recommendations shall 20 be incorporated in the reports identified in subsection (8). 21 (7)(8) The council shall provide a report, at least 30 22 days prior to the regular legislative sessions in the 23 following years: 2002, 2004, 2006 and 2008. The report shall 24 be provided to the Secretary of Environmental Protection, who 25 shall forward the report to the board of trustees for their 26 approval. After approval by the board of trustees, the 27 secretary shall forward the approved report to the President 28 of the Senate and the Speaker of the House of Representatives. 29 The report shall provide: recommendations for adjusting or 30 expanding the goals detailed in s. 259.105(4); recommendations 31 for adjusting the percentage distributions detailed in s. 29 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 259.105(3); and recommendations concerning other aspects of 2 the Florida Forever Act. In making recommendations for 3 adjusting the percentage distributions detailed in s. 4 259.105(3), the council shall consider which agencies have 5 encumbered their funds in a timely manner and unencumbered 6 balances, if any, in each agency's Florida Forever subaccount. 7 The recommendations may include increases in percentage 8 distributions to those agencies that have encumbered Florida 9 Forever funds in a timely manner. 10 (8)(9) The reports required pursuant to subsections 11 (7) and (8) are to be based upon and developed through: 12 (a) Comments received during public hearings, in 13 different areas of the state, held for the purpose of 14 gathering public input and recommendations. 15 (b) Evaluations of Florida's existing public land 16 acquisition programs for conservation, preservation, and 17 recreational purposes, including those administered by the 18 water management districts and the Department of Community 19 Affairs, to determine the extent of Florida's unmet needs for 20 restoration, acquisition, and management of public lands and 21 water areas and for acquisition of privately owned lands and 22 water areas. 23 (c) Material and data developed by the Florida Natural 24 Areas Inventory concerning Florida's conservation lands. 25 Section 17. Subsection (4) of section 259.035, Florida 26 Statutes, is amended to read: 27 259.035 Acquisition and Restoration Council.-- 28 (4) The council may use existing rules adopted by the 29 board of trustees, until it develops and recommends amendments 30 to those rules, to competitively evaluate, select, and rank 31 projects eligible for the Conservation and Recreation Lands 30 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 list pursuant to ss. 259.032(3) and 259.101(4) and, beginning 2 no later than May 1, 2001, for Florida Forever funds pursuant 3 to s. 259.105(3)(b). In developing or amending the rules, the 4 council shall give weight to the criteria included in s. 5 259.105(10)(9). The board of trustees shall review the 6 recommendations and shall adopt rules necessary to administer 7 this section. 8 Section 18. Present subsections (4), (7), (8), (13), 9 (14), and (16) of section 259.105, Florida Statutes, are 10 amended, subsections (5) through (20) are renumbered as 11 subsections (6) through (21), respectively, and subsection (5) 12 is added to said section, to read: 13 259.105 The Florida Forever Act.-- 14 (4) It is the intent of the Legislature that projects 15 or acquisitions funded pursuant to paragraphs (3)(a) and (b) 16 contribute to the achievement of the following goals and 17 performance measures: 18 (a) Enhance the coordination and completion of land 19 acquisition projects, as measured by: 20 1. The number of acres acquired through the state's 21 land acquisition programs that contribute to the completion of 22 Florida Preservation 2000 projects or projects begun before 23 Florida Preservation 2000; 24 2. The number of acres protected through the use of 25 alternatives to fee-simple acquisition; or 26 3. The number of shared-acquisition projects among 27 Florida Forever funding partners and partners with other 28 funding sources, including local governments and the Federal 29 Government. 30 (b) Increase the protection of Florida's biodiversity 31 at the species, natural community, and landscape levels, as 31 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 measured by: 2 1. The number of acres acquired of significant 3 strategic habitat conservation areas; 4 2. The number of acres acquired of highest priority 5 conservation areas for Florida's rarest species; 6 3. The number of acres acquired of significant 7 landscapes, landscape linkages, and conservation corridors, 8 giving priority to completing linkages; 9 4. The number of acres acquired of underrepresented 10 native ecosystems; 11 5. The number of landscape-sized protection areas of 12 at least 50,000 acres that exhibit a mosaic of predominantly 13 intact or restorable natural communities established through 14 new acquisition projects or augmentations to previous 15 projects; or 16 6. The percentage increase in the number of 17 occurrences of endangered species, threatened species, or 18 species of special concern on publicly managed conservation 19 areas. 20 (c) Protect, restore, and maintain the quality and 21 natural functions of land, water, and wetland systems of the 22 state, as measured by: 23 1. The number of acres of publicly owned land 24 identified as needing restoration, acres undergoing 25 restoration, and acres with restoration activities completed; 26 2. The percentage of water segments that fully meet, 27 partially meet, or do not meet their designated uses as 28 reported in the Department of Environmental Protection's State 29 Water Quality Assessment 305(b) Report; 30 3. The percentage completion of targeted capital 31 improvements in surface water improvement and management plans 32 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 created under s. 373.453(2), regional or master stormwater 2 management system plans, or other adopted restoration plans; 3 4. The number of acres acquired that protect natural 4 floodplain functions; 5 5. The number of acres acquired that protect surface 6 waters of the state; 7 6. The number of acres identified for acquisition to 8 minimize damage from flooding and the percentage of those 9 acres acquired; 10 7. The number of acres acquired that protect fragile 11 coastal resources; 12 8. The number of acres of functional wetland systems 13 protected; 14 9. The percentage of miles of critically eroding 15 beaches contiguous with public lands that are restored or 16 protected from further erosion; 17 10. The percentage of public lakes and rivers in which 18 invasive, nonnative aquatic plants are under maintenance 19 control; or 20 11. The number of acres of public conservation lands 21 in which upland invasive, exotic plants are under maintenance 22 control. 23 (d) Ensure that sufficient quantities of water are 24 available to meet the current and future needs of natural 25 systems and the citizens of the state, as measured by: 26 1. The number of acres acquired which provide 27 retention and storage of surface water in naturally occurring 28 storage areas, such as lakes and wetlands, consistent with the 29 maintenance of water resources or water supplies and 30 consistent with district water supply plans; 31 2. The quantity of water made available through the 33 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 water resource development component of a district water 2 supply plan for which a water management district is 3 responsible; or 4 3. The number of acres acquired of groundwater 5 recharge areas critical to springs, sinks, aquifers, other 6 natural systems, or water supply. 7 (e) Increase natural resource-based public 8 recreational and educational opportunities, as measured by: 9 1. The number of acres acquired that are available for 10 natural resource-based public recreation or education; 11 2. The miles of trails that are available for public 12 recreation, giving priority to those that provide significant 13 connections, including those that will assist in completing 14 the Florida National Scenic Trail; or 15 3. The number of new resource-based recreation 16 facilities, by type, made available on public land. 17 (f) Preserve significant archaeological or historic 18 sites, as measured by: 19 1. The increase in the number of and percentage of 20 historic and archaeological properties listed in the Florida 21 Master Site File or National Register of Historic Places, 22 which are protected or preserved for public use; or 23 2. The increase in the number and percentage of 24 historic and archaeological properties that are in state 25 ownership. 26 (g) Increase the amount of forestland available for 27 sustainable management of natural resources, as measured by: 28 1. The number of acres acquired that are available for 29 sustainable forest management; 30 2. The number of acres of state-owned forestland 31 managed for economic return in accordance with current best 34 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 management practices; 2 3. The number of acres of forestland acquired that 3 will serve to maintain natural groundwater recharge functions; 4 or 5 4. The percentage and number of acres identified for 6 restoration actually restored by reforestation. 7 (h) Increase the amount of open space available in 8 urban areas, as measured by: 9 1. The percentage of local governments that 10 participate in land acquisition programs and acquire open 11 space in urban cores; or 12 2. The percentage and number of acres of purchases of 13 open space within urban service areas. 14 (a) An increase in the level of protection for, or an 15 increase in the populations of, listed plant species, as 16 measured by the number of occurrences, acres of strategic 17 habitat areas, or delisting or redesignation of such species. 18 (b) An increase in the level of protection for, or an 19 increase in the populations of, listed animal species, as 20 measured by the number of occurrences, acres of strategic 21 habitat areas, delisting or redesignation of such species, or 22 the change in long-term survival rates. 23 (c) The restoration of land areas, as measured by a 24 reduction in nonnative species, level of maintenance control 25 of invasive species, reforestation rates, or regeneration of 26 natural communities. 27 (d) An increase in public landholdings needed to meet 28 the goals of this subsection, as measured by the acquisition 29 of lands in fee simple or with less than fee simple 30 alternatives. 31 (e) The completion of projects begun under previous 35 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 land acquisition programs, as measured through the acquisition 2 of land under inholdings and additions programs. 3 (f) An increase in the amount of forest land for 4 sustainable natural resources. 5 (g) An increase in public recreational opportunities, 6 as measured by the acreage available for recreational 7 opportunities or the number of miles available for greenways 8 or trails. 9 (h) A reduction in the amount of pollutants flowing 10 into Florida's surface waters, as measured by a reduction in 11 the number of surface water bodies designated as impaired. 12 (i) The improvement of water recharge rates on public 13 lands, as measured by increased speed of recharge and amount 14 of cubic feet of water made available. 15 (j) The restoration of water areas, as measured by a 16 reduction of nonnative species, level of maintenance control 17 of invasive species, regeneration of natural communities, 18 reduction of excessive sedimentation, removal of impediments, 19 or reduction of shoreline erosion. 20 (k) The protection of natural floodplain functions and 21 prevention of or reduction in flood damage, as measured by the 22 number of acres of floodplain in public ownership. 23 (l) The restoration of degraded water bodies, as 24 measured by the number of goals implemented under a surface 25 water improvement plan or other restoration plans. 26 (m) The restoration of wetlands, as measured by the 27 number of acres of previously converted wetlands returned to a 28 functioning status. 29 (n) The preservation of strategic wetlands, as 30 measured by the number of acres acquired. 31 (o) The preservation of, or reduction of contaminants 36 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 in, aquifers and springs, as measured by contaminant levels or 2 the number of acres of recharge areas acquired. 3 (p) The implementation of practices that provide 4 sufficient quantities of water available to meet current and 5 future needs of the natural system and residents of the state, 6 as measured by execution of water-resource-development 7 components of the districts' water management plans. However, 8 funds provided for capital improvements under this purpose are 9 limited to those provided the water management districts in 10 paragraph (3)(a). 11 (q) An increase in the state's inventory of historical 12 and cultural sites as measured by the number of sites 13 acquired. 14 (r) An increase in the protection of fragile coastal 15 resources, as measured by the linear feet and acreage of 16 coastline acquired. 17 (s) An increase in the protection of significant 18 surface waters of the state, as measured by the acreage of 19 lands acquired to buffer them. 20 (5) Florida Forever projects and acquisitions funded 21 pursuant to paragraph (3)(c) shall be measured by goals 22 developed by rule by the governing body of the Florida 23 Communities Trust created in s. 380.504. 24 (8)(7)(a) Beginning no later than July 1, 2001, and 25 every year thereafter, the Acquisition and Restoration Council 26 shall accept applications from state agencies, local 27 governments, nonprofit and for-profit organizations, private 28 land trusts, and individuals for project proposals eligible 29 for funding pursuant to paragraph (3)(b). The council shall 30 evaluate the proposals received pursuant to this subsection to 31 ensure that they meet at least one of the criteria under 37 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 subsection (10)(9). 2 (b) Project applications shall contain, at a minimum, 3 the following: 4 1. A minimum of two numeric performance measures that 5 directly relate to the overall goals adopted by the council. 6 Each performance measure shall include a baseline measurement, 7 which is the current situation; a performance standard which 8 the project sponsor anticipates the project will achieve; and 9 the performance measurement itself, which should reflect the 10 incremental improvements the project accomplishes towards 11 achieving the performance standard. 12 2. Proof that property owners within any proposed 13 acquisition have been notified of their inclusion in the 14 proposed project. Any property owner may request the removal 15 of such property from further consideration by submitting a 16 request to the project sponsor or the Acquisition and 17 Restoration Council by certified mail. Upon receiving this 18 request, the council shall delete the property from the 19 proposed project; however, the board of trustees, at the time 20 it votes to approve the proposed project lists pursuant to 21 subsection (17)(16), may add the property back on to the 22 project lists if it determines by a super majority of its 23 members that such property is critical to achieve the purposes 24 of the project. 25 (c) The title to lands acquired under this section 26 shall vest in the Board of Trustees of the Internal 27 Improvement Trust Fund, except that title to lands acquired by 28 a water management district shall vest in the name of that 29 district and lands acquired by a local government shall vest 30 in the name of the purchasing local government. 31 (9)(8) The Acquisition and Restoration Council shall 38 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 develop a project list that shall represent those projects 2 submitted pursuant to subsection (8)(7). 3 (14)(13) An affirmative vote of five members of the 4 Acquisition and Restoration Council shall be required in order 5 to place a proposed project on the list developed pursuant to 6 subsection (9)(8). Any member of the council who by family or 7 a business relationship has a connection with any project 8 proposed to be ranked shall declare such interest prior to 9 voting for a project's inclusion on the list. 10 (15)(14) Each year that bonds are to be issued 11 pursuant to this section, the Acquisition and Restoration 12 Council shall review the most current approved project list 13 and shall, by the first board meeting in May, present to the 14 Board of Trustees of the Internal Improvement Trust Fund for 15 approval a listing of projects developed pursuant to 16 subsection (9)(8). The board of trustees may remove projects 17 from the list developed pursuant to this subsection, but may 18 not add projects or rearrange project rankings. 19 (17)(16) All proposals for projects pursuant to 20 paragraph (3)(b) or subsection (21)(20) shall be implemented 21 only if adopted by the Acquisition and Restoration Council and 22 approved by the board of trustees. The council shall consider 23 and evaluate in writing the merits and demerits of each 24 project that is proposed for Florida Forever funding and each 25 proposed addition to the Conservation and Recreation Lands 26 list program. The council shall ensure that each proposed 27 project will meet a stated public purpose for the restoration, 28 conservation, or preservation of environmentally sensitive 29 lands and water areas or for providing outdoor recreational 30 opportunities and that each proposed addition to the 31 Conservation and Recreation Lands list will meet the public 39 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 purposes under s. 259.032(3) and, when applicable, s. 2 259.101(4). The council also shall determine whether the 3 project or addition conforms, where applicable, with the 4 comprehensive plan developed pursuant to s. 259.04(1)(a), the 5 comprehensive multipurpose outdoor recreation plan developed 6 pursuant to s. 375.021, the state lands management plan 7 adopted pursuant to s. 253.03(7), the water resources work 8 plans developed pursuant to s. 373.199, and the provisions of 9 this section. 10 (21)(20) The Acquisition and Restoration Council, as 11 successors to the Land Acquisition and Management Advisory 12 Council, may amend existing Conservation and Recreation Lands 13 projects and add to or delete from the 2000 Conservation and 14 Recreation Lands list until funding for the Conservation and 15 Recreation Lands program has been expended. The amendments to 16 the 2000 Conservation and Recreation Lands list will be 17 reported to the board of trustees in conjunction with the 18 council's report developed pursuant to subsection (14)(15). 19 Section 19. Subsection (12) is added to section 20 298.22, Florida Statutes, to read: 21 298.22 Powers of supervisors.--The board of 22 supervisors of the district has full power and authority to 23 construct, complete, operate, maintain, repair, and replace 24 any and all works and improvements necessary to execute the 25 water control plan. Subject to the applicable provisions of 26 chapter 373 or chapter 403, the board of supervisors: 27 (12) May construct, manage, or authorize construction 28 and management of resource-based recreational facilities that 29 may include greenways, trails, and associated facilities. 30 Section 20. Section 369.255, Florida Statutes, is 31 amended to read: 40 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 369.255 Green utility ordinances for funding 2 greenspace management and exotic plant control.-- 3 (1) LEGISLATIVE FINDING.--The Legislature finds that 4 the proper management of greenspace areas, including, without 5 limitation, the urban forest, greenways, private and public 6 forest preserves, wetlands, and aquatic zones, is essential to 7 the state's environment and economy and to the health and 8 safety of its residents and visitors. The Legislature also 9 finds that the limitation and control of nonindigenous plants 10 and tree replacement and maintenance are vital to achieving 11 the natural systems and recreational lands goals and policies 12 of the state pursuant to s. 187.201(10), the State 13 Comprehensive Plan. It is the intent of this section to 14 enable local governments to establish a mechanism to provide 15 dedicated funding for the aforementioned activities, when 16 deemed necessary by a that county or municipality. 17 (2) In addition to any other funding mechanisms 18 legally available to counties and municipalities to control 19 invasive, nonindigenous aquatic or upland plants and manage 20 urban forest resources, a county or municipality may create 21 one or more green utilities or adopt fees sufficient to plan, 22 restore, and manage urban forest resources, greenways, forest 23 preserves, wetlands, and other aquatic zones and create a 24 stewardship grant program for private natural areas. Counties 25 or municipalities may create, alone or in cooperation with 26 other counties or municipalities pursuant to the Florida 27 Interlocal Cooperation Act, s. 163.01, one or more greenspace 28 management districts to fund the planning, management, 29 operation, and administration of a greenspace management 30 program. The fees shall be collected on a voluntary basis as 31 set forth by the county or municipality and calculated to 41 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 generate sufficient funds to plan, manage, operate, and 2 administer a greenspace management program. Private natural 3 areas assessed according to s. 193.501 would qualify for 4 stewardship grants. 5 (3) This section shall only apply to counties with a 6 population of 500,000 or more and municipalities with a 7 population of 200,000 or more. 8 (4) Nothing in this section shall authorize counties 9 or municipalities to require any nongovernmental entity to 10 collect the fee described in subsection (2) on their behalf. 11 Section 21. Notwithstanding the provision of section 12 259.101(3)(c), Florida Statutes (1993) (Section 5, Chapter 13 92-288, Laws of Florida) regarding the set-aside of funds for 14 land acquisition in areas of critical state concern, $2.9 15 million from funds previously approved is available for grants 16 to local governments in the Florida Keys and the Key West 17 areas of critical state concern to assist in implementing the 18 local comprehensive plan. Grant funds are to be used for land 19 acquisition for conservation, open space, and outdoor 20 recreation lands, and are contingent upon the review of a 21 local government's proposed project, and a determination by 22 the Florida Communities Trust that the proposed project is an 23 eligible use of funds under the Florida Communities Trust 24 Program. A local government with a population of less than 25 10,000 is not required to provide a local match. A local 26 government with a population of 10,000 or more is required to 27 provide a dollar for dollar match. 28 Section 22. Subsection (8) of section 259.101, Florida 29 Statutes, is repealed. 30 Section 23. This act shall take effect July 1, 2001. 31 42 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 2 through page 2, line 30 4 remove from the title of the bill: all of said lines 5 6 and insert in lieu thereof: 7 An act relating to land acquisition and 8 management; amending s. 253.034, F.S.; defining 9 "conservation lands"; providing procedure for 10 disposition of certain surplus conservation 11 lands by the Board of Trustees of the Internal 12 Improvement Trust Fund; revising procedure for 13 evaluating and offering for sale of surplus 14 lands; providing for disposition of proceeds 15 from the sale of surplus nonconservation lands; 16 amending ss. 253.7821, 253.7825, 253.7827, 17 253.7828, and 259.035, F.S.; conforming 18 references and cross references; deleting 19 obsolete language; amending ss. 253.111 and 20 253.115, F.S.; exempting Greenway lands from 21 certain public notice and hearing requirements 22 prior to sale, lease, exchange, or grant of 23 easement; amending s. 253.781, F.S.; renaming 24 the Cross Florida Greenways State Recreation 25 and Conservation Area; amending s. 253.7822, 26 F.S.; providing for modification of the 27 Greenway boundary; amending s. 253.7823, F.S.; 28 providing for sale or exchange of surplus lands 29 within the Greenway; providing for disposition 30 of fees and proceeds; amending s. 253.7829, 31 F.S.; revising requirements for management of 43 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 Greenway lands and structures; amending s. 2 253.783, F.S.; deleting obsolete language 3 relating to the disposition of surplus lands by 4 the Department of Environmental Protection; 5 amending s. 253.82, F.S.; revising conditions 6 under which certain lands titled to the board 7 of trustees may be declared surplus lands; 8 revising appraisal requirements; providing 9 rulemaking authority; creating s. 253.86, F.S.; 10 providing for management and use of certain 11 uplands; providing rulemaking authority of the 12 Office of Coastal and Aquatic Managed Areas; 13 providing for fees; providing a penalty; 14 creating s. 259.0324, F.S.; creating the 15 Citizenship Conservation and Education Program; 16 providing legislative findings and definitions; 17 providing requirements for participation; 18 providing rulemaking authority; revising the 19 funding of the Florida Communities Trust 20 Program, authorizing capital expenditures; 21 amending s. 259.0345, F.s.; repealing authority 22 for certain members of the Legislature to be 23 appointed as ad hoc nonvoting members to the 24 Florida Forever Advisory Council; amending s. 25 259.105, F.S.; revising goals and performance 26 measures of the Florida Forever Act; 27 authorizing the Florida Communities Trust to 28 develop certain goals and performance measures; 29 providing rulemaking authority; amending s. 30 298.22, F.S.; authorizing boards of supervisors 31 of water control districts to construct and 44 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679
HOUSE AMENDMENT Bill No. HB 1969 Amendment No. 1 (for drafter's use only) 1 manage resource-based recreational facilities; 2 amending s. 369.255, F.S.; authorizing certain 3 municipalities to create a funding mechanism 4 for greenspace management and exotic plant 5 control; repealing subsection (8) of s.259.101, 6 F.S.; relating to the disposal and use of 7 certain state owned lands; providing an 8 effective date. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 45 File original & 9 copies 04/25/01 hep0001 07:40 pm 01969-0072-503679