Senate Bill sb0588
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    Florida Senate - 2002                                   SB 588
    By Senator Saunders
    25-368-02                                               See HB
  1                      A bill to be entitled
  2         An act relating to state land acquisition
  3         programs; amending s. 201.15, F.S.; revising a
  4         limitation on the deposit of certain funds into
  5         the Land Acquisition Trust Fund; restricting
  6         authority for transfer of funds to the Save Our
  7         Everglades Trust Fund; amending s. 215.618,
  8         F.S.; providing for funding of debt service on
  9         Florida Forever bonds; prohibiting transfer of
10         bond proceeds deposited in the Florida Forever
11         Trust Fund; amending s. 259.101, F.S.;
12         providing for replacement of funds transferred
13         from the Florida Preservation 2000 Trust Fund;
14         restricting further transfer of such trust
15         funds; revising authority and procedures for
16         certain transfer of funds; providing
17         legislative recognition of the benefits of the
18         Florida Preservation 2000 program; providing
19         for funding to restore to the program certain
20         funds transferred to the Save Our Everglades
21         Trust Fund; amending s. 259.105, F.S.;
22         restricting future transfer of funds deposited
23         pursuant to the Florida Forever Act; amending
24         s. 259.1051, F.S.; restricting transfer of
25         funds deposited in the Florida Forever Trust
26         Fund; amending s. 373.470, F.S.; restricting
27         transfer of funds from the Florida Forever
28         Trust Fund or the Florida Preservation 2000
29         Trust Fund to the Save Our Everglades Trust
30         Fund; amending s. 375.045, F.S.; restricting
31         transfer of funds deposited in the Florida
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1         Preservation 2000 Trust Fund; providing
  2         appropriations; providing an effective date.
  3
  4  Be It Enacted by the Legislature of the State of Florida:
  5
  6         Section 1.  Paragraph (a) of subsection (1) of section
  7  201.15, Florida Statutes, is amended 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         (a)  Amounts as shall be necessary to pay the debt
19  service on, or fund debt service reserve funds, rebate
20  obligations, or other amounts payable with respect to
21  Preservation 2000 bonds issued pursuant to s. 375.051 and
22  Florida Forever bonds issued pursuant to s. 215.618, shall be
23  paid into the State Treasury to the credit of the Land
24  Acquisition Trust Fund to be used for such purposes. The
25  amount transferred to the Land Acquisition Trust Fund for such
26  purposes shall not exceed $300 million in fiscal year
27  1999-2000 and thereafter for Preservation 2000 bonds and bonds
28  issued to refund Preservation 2000 bonds, and $300 million in
29  fiscal year 2000-2001 and thereafter for Florida Forever
30  bonds, except that an amount not to exceed $375 million shall
31  be issued in fiscal year 2002-2003, of which $75 million shall
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  be deposited into the Florida Preservation 2000 Trust Fund to
  2  restore funds transferred from that fund to the Save Our
  3  Everglades Trust Fund in fiscal year 2001-2002. The annual
  4  amount transferred to the Land Acquisition Trust Fund for
  5  Florida Forever bonds shall not exceed $30 million in the
  6  first fiscal year in which bonds are issued. The limitation on
  7  the amount transferred shall be increased by an additional $30
  8  million in each subsequent fiscal year, but shall not exceed a
  9  total of $300 million in any fiscal year for all bonds issued,
10  except for fiscal year 2002-2003. It is the intent of the
11  Legislature that all bonds issued to fund the Florida Forever
12  Act be retired by December 31, 2030. Except for bonds issued
13  to refund previously issued bonds, no series of bonds may be
14  issued pursuant to this paragraph unless such bonds are
15  approved and the debt service for the remainder of the fiscal
16  year in which the bonds are issued is specifically
17  appropriated in the General Appropriations Act. For purposes
18  of refunding Preservation 2000 bonds, amounts designated
19  within this section for Preservation 2000 and Florida Forever
20  bonds may be transferred between the two programs to the
21  extent provided for in the documents authorizing the issuance
22  of the bonds. The Preservation 2000 bonds and Florida Forever
23  bonds shall be equally and ratably secured by moneys
24  distributable to the Land Acquisition Trust Fund pursuant to
25  this section, except to the extent specifically provided
26  otherwise by the documents authorizing the issuance of the
27  bonds. No moneys transferred to the Land Acquisition Trust
28  Fund pursuant to this paragraph, or earnings thereon, shall be
29  used or made available to pay debt service on the Save Our
30  Coast revenue bonds or transferred to the Save Our Everglades
31
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  Trust Fund except as specifically authorized in s.
  2  259.105(11)(a).
  3         Section 2.  Subsections (4) and (5) of section 215.618,
  4  Florida Statutes, are amended to read:
  5         215.618  Bonds for acquisition and improvement of land,
  6  water areas, and related property interests and resources.--
  7         (4)  The Department of Environmental Protection shall
  8  request the Division of Bond Finance of the State Board of
  9  Administration to issue the Florida Forever bonds authorized
10  by this section. The Division of Bond Finance shall issue such
11  bonds pursuant to the State Bond Act. An appropriation of $5
12  million shall be provided in the 2002-2003 General
13  Appropriations Act for debt service requirements for the third
14  series of Florida Forever bonds.
15         (5)  The proceeds from the sale of bonds issued
16  pursuant to this section, less the costs of issuance, the
17  costs of funding reserve accounts, and other costs with
18  respect to the bonds, shall be deposited into the Florida
19  Forever Trust Fund. Such proceeds deposited into the Florida
20  Forever Trust Fund shall not be transferred, redistributed, or
21  otherwise diminished in any fiscal year. The bond proceeds
22  deposited into the Florida Forever Trust Fund shall be
23  distributed by the Department of Environmental Protection as
24  provided in s. 259.105.
25         Section 3.  Subsection (2) of section 259.101, Florida
26  Statutes, is amended, subsection (3) of that section, as
27  amended by section 37 of chapter 2001-254, Laws of Florida, is
28  amended, and paragraph (g) is added to subsection (4) of that
29  section, to read:
30         259.101  Florida Preservation 2000 Act.--
31
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1         (2)  LEGISLATIVE FINDINGS.--The Legislature finds and
  2  declares that:
  3         (a)  The alteration and development of Florida's
  4  natural areas to accommodate its rapidly growing population
  5  have contributed to the degradation of water resources, the
  6  fragmentation and destruction of wildlife habitats, the loss
  7  of recreation space, and the diminishment of wetlands and
  8  forests.
  9         (b)  Imminent development of Florida's remaining
10  natural areas and continuing increases in land values
11  necessitate an aggressive program of public land acquisition
12  during the next decade to preserve the quality of life that
13  attracts so many people to Florida.
14         (c)  Acquisition of public lands, in fee simple or in
15  any lesser interest, should be based on a comprehensive
16  assessment of Florida's natural resources and planned so as to
17  protect the integrity of ecological systems and to provide
18  multiple benefits, including preservation of fish and wildlife
19  habitat, recreation space, and water recharge areas.
20  Governmental agencies responsible for public land acquisition
21  should work together to purchase lands jointly and to
22  coordinate individual purchases within ecological systems.
23         (d)  One of the purposes of the Florida Communities
24  Trust program is to acquire, protect, and preserve open space
25  and recreation properties within urban areas where pristine
26  animal and plant communities no longer exist. These areas are
27  often overlooked in other programs because of their smaller
28  size and proximity to developed property.  These smaller
29  parcels are, however, critically important to the quality of
30  life in these urban areas for the residents who live there as
31  well as to the many visitors to the state. The trust shall
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  consider projects submitted by local governments which further
  2  the goals, objectives, and policies of the conservation,
  3  recreation and open space, or coastal elements of their local
  4  comprehensive plans or which serve to conserve natural
  5  resources or resolve land use conflicts.
  6         (e)  South Florida's water supply and unique natural
  7  environment depend on the protection of lands buffering the
  8  East Everglades and the Everglades water conservation areas.
  9
10  In addition, the Legislature recognizes the conflicting
11  desires of the citizens of this state to prosper through
12  economic development and to preserve the natural areas of
13  Florida that development threatens to claim. The Legislature
14  further recognizes the urgency of acquiring natural areas in
15  the state for preservation, yet acknowledges the difficulty of
16  ensuring adequate funding for accelerated acquisition in light
17  of other equally critical financial needs of the state.  It is
18  the Legislature's desire and intent to fund the implementation
19  of the Florida Preservation 2000 Act for each of the 10 years
20  of the program's duration and to do so in a fiscally
21  responsible manner. The value and timeliness of land
22  acquisitions achieved throughout the Florida Preservation 2000
23  program have made significant contributions to the state's
24  economy, natural resource protection, and natural legacy, and
25  to the quality of life of Florida's citizens, that cannot be
26  overstated. Therefore, the Legislature shall replace the $75
27  million that was transferred from the Florida Preservation
28  2000 Trust Fund in fiscal year 2001-2002 by appropriating an
29  additional $75 million to the Florida Preservation 2000 Trust
30  Fund in fiscal year 2002-2003, to be allocated pursuant to the
31  provisions of this act and payable from additional bonds
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  issued pursuant to s. 201.15(1)(a). No other transfers,
  2  redistribution, or diminishment of funds intended for the
  3  Florida Preservation 2000 Trust Fund shall be authorized
  4  unless a finding is issued by the Legislative Budgeting
  5  Commission created pursuant to s. 11.90 authorizing such
  6  transfer based on a determination that the tax-supported debt
  7  will exceed the designated benchmark debt ratio necessary to
  8  address a critical state emergency.
  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. In
14  fiscal year 2000-2001, for each Florida Preservation 2000
15  program described in paragraphs (a)-(g), that portion of each
16  program's total remaining cash balance which, as of June 30,
17  2000, is in excess of that program's total remaining
18  appropriation balances shall be redistributed by the
19  department and deposited into the Save Our Everglades Trust
20  Fund for land acquisition. For purposes of calculating the
21  total remaining cash balances for this redistribution, the
22  Florida Preservation 2000 Series 2000 bond proceeds, including
23  interest thereon, and the fiscal year 1999-2000 General
24  Appropriations Act amounts shall be deducted from the
25  remaining cash and appropriation balances, respectively. The
26  remaining proceeds shall be distributed by the Department of
27  Environmental Protection in the following manner:
28         (a)  Fifty percent to the Department of Environmental
29  Protection for the purchase of public lands as described in s.
30  259.032.  Of this 50 percent, at least one-fifth shall be used
31  for the acquisition of coastal lands.
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1         (b)  Thirty percent to the Department of Environmental
  2  Protection for the purchase of water management lands pursuant
  3  to s. 373.59, to be distributed among the water management
  4  districts as provided in that section. Funds received by each
  5  district may also be used for acquisition of lands necessary
  6  to implement surface water improvement and management plans
  7  approved in accordance with s. 373.456 or for acquisition of
  8  lands necessary to implement the Everglades Construction
  9  Project authorized by s. 373.4592.
10         (c)  Ten percent to the Department of Community Affairs
11  to provide land acquisition grants and loans to local
12  governments through the Florida Communities Trust pursuant to
13  part III of chapter 380.  From funds allocated to the trust,
14  $3 million annually shall be used by the Division of State
15  Lands within the Department of Environmental Protection to
16  implement the Green Swamp Land Protection Initiative
17  specifically for the purchase of conservation easements, as
18  defined in s. 380.0677(4), of lands, or severable interests or
19  rights in lands, in the Green Swamp Area of Critical State
20  Concern.  From funds allocated to the trust, $3 million
21  annually shall be used by the Monroe County Comprehensive Plan
22  Land Authority specifically for the purchase of any real
23  property interest in either those lands subject to the Rate of
24  Growth Ordinances adopted by local governments in Monroe
25  County or those lands within the boundary of an approved
26  Conservation and Recreation Lands project located within the
27  Florida Keys or Key West Areas of Critical State Concern;
28  however, title to lands acquired within the boundary of an
29  approved Conservation and Recreation Lands project may, in
30  accordance with an approved joint acquisition agreement, vest
31  in the Board of Trustees of the Internal Improvement Trust
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  Fund.  Of the remaining funds allocated to the trust after the
  2  above transfers occur, one-half shall be matched by local
  3  governments on a dollar-for-dollar basis.  To the extent
  4  allowed by federal requirements for the use of bond proceeds,
  5  the trust shall expend Preservation 2000 funds to carry out
  6  the purposes of part III of chapter 380.
  7         (d)  Two and nine-tenths percent to the Department of
  8  Environmental Protection for the purchase of inholdings and
  9  additions to state parks. For the purposes of this paragraph,
10  "state park" means all real property in the state under the
11  jurisdiction of the Division of Recreation and Parks of the
12  department, or which may come under its jurisdiction.
13         (e)  Two and nine-tenths percent to the Division of
14  Forestry of the Department of Agriculture and Consumer
15  Services to fund the acquisition of state forest inholdings
16  and additions pursuant to s. 589.07.
17         (f)  Two and nine-tenths percent to the Fish and
18  Wildlife Conservation Commission to fund the acquisition of
19  inholdings and additions to lands managed by the commission
20  which are important to the conservation of fish and wildlife.
21         (g)  One and three-tenths percent to the Department of
22  Environmental Protection for the Florida Greenways and Trails
23  Program, to acquire greenways and trails or greenways and
24  trails systems pursuant to chapter 260, including, but not
25  limited to, abandoned railroad rights-of-way and the Florida
26  National Scenic Trail.
27
28  Local governments may use federal grants or loans, private
29  donations, or environmental mitigation funds, including
30  environmental mitigation funds required pursuant to s.
31  338.250, for any part or all of any local match required for
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  the purposes described in this subsection.  Bond proceeds
  2  allocated pursuant to paragraph (c) may be used to purchase
  3  lands on the priority lists developed pursuant to s. 259.035.
  4  Title to lands purchased pursuant to paragraphs (a), (d), (e),
  5  (f), and (g) shall be vested in the Board of Trustees of the
  6  Internal Improvement Trust Fund. Title to lands purchased
  7  pursuant to paragraph (c) may be vested in the Board of
  8  Trustees of the Internal Improvement Trust Fund. The board of
  9  trustees shall hold title to land protection agreements and
10  conservation easements that were or will be acquired pursuant
11  to s. 380.0677, and the Southwest Florida Water Management
12  District and the St. Johns River Water Management District
13  shall monitor such agreements and easements within their
14  respective districts until the state assumes this
15  responsibility.
16         (4)  PROJECT CRITERIA.--
17         (g)  Pursuant to chapter 2001-275, Laws of Florida, the
18  Legislature recognized that the Florida Preservation 2000
19  program has provided incalculable benefits to the citizens of
20  Florida by funding the acquisition and protection of more than
21  1 million acres of land for conservation and recreation
22  purposes. The Preservation 2000 program has helped ensure
23  present and future generations access to important open spaces
24  and conservation and recreation lands. Therefore, the
25  Legislature shall appropriate $75 million in the 2002-2003
26  General Appropriations Act to the Florida Preservation 2000
27  Trust Fund to restore that amount which was transferred to the
28  Save Our Everglades Trust Fund by the 2001 Legislature due to
29  budgeting constraints.
30         Section 4.  Paragraph (g) of subsection (2) of section
31  259.105, Florida Statutes, is amended to read:
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1         259.105  The Florida Forever Act.--
  2         (2)
  3         (g)  As it has with previous land acquisition programs,
  4  the Legislature recognizes the desires of the citizens of this
  5  state to prosper through economic development and to preserve
  6  the natural areas and recreational open space of Florida.  The
  7  Legislature further recognizes the urgency of restoring the
  8  natural functions of public lands or water bodies before they
  9  are degraded to a point where recovery may never occur, yet
10  acknowledges the difficulty of ensuring adequate funding for
11  restoration efforts in light of other equally critical
12  financial needs of the state.  It is the Legislature's desire
13  and intent to fund the implementation of this section and to
14  do so in a fiscally responsible manner, by issuing bonds to be
15  repaid with documentary stamp tax revenue. No act of the
16  Legislature shall have the effect of transferring,
17  redistributing, or otherwise diminishing funds deposited
18  pursuant to this act.
19         Section 5.  Subsection (1) of section 259.1051, Florida
20  Statutes, is amended to read:
21         259.1051  Florida Forever Trust Fund.--
22         (1)  There is created the Florida Forever Trust Fund to
23  carry out the purposes of ss. 259.032, 259.105, and 375.031.
24  The Florida Forever Trust Fund shall be held and administered
25  by the Department of Environmental Protection. Proceeds from
26  the sale of bonds, except proceeds of refunding bonds, issued
27  under s. 215.618 and payable from moneys transferred to the
28  Land Acquisition Trust Fund under s. 201.15(1)(a), not to
29  exceed $3 billion, must be deposited into this trust fund to
30  be distributed and used as provided in s. 259.105(3). No act
31  of the Legislature shall have the effect of transferring,
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  redistributing, or otherwise diminishing funds deposited into
  2  this trust fund, except as specifically authorized by this
  3  section. The bond resolution adopted by the governing board of
  4  the Division of Bond Finance of the State Board of
  5  Administration may provide for additional provisions that
  6  govern the disbursement of the bond proceeds.
  7         Section 6.  Paragraph (d) of subsection (4) of section
  8  373.470, Florida Statutes, is amended to read:
  9         373.470  Everglades restoration.--
10         (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED
11  FOR DEPOSIT.--The following funds may be deposited into the
12  Save Our Everglades Trust Fund created by s. 373.472 to
13  finance implementation of the comprehensive plan:
14         (d)  Any additional funds appropriated by the
15  Legislature for the purpose of implementing the comprehensive
16  plan, except for any funds transferred from the Florida
17  Forever Trust Fund created by s. 259.1051 or the Florida
18  Preservation 2000 Trust Fund created by s. 375.045.
19         Section 7.  Subsection (1) of section 375.045, Florida
20  Statutes, is amended to read:
21         375.045  Florida Preservation 2000 Trust Fund.--
22         (1)  There is created the Florida Preservation 2000
23  Trust Fund to carry out the purposes of ss. 259.032, 259.101,
24  and 375.031. The Florida Preservation 2000 Trust Fund shall be
25  held and administered by the Department of Environmental
26  Protection. Proceeds from the sale of revenue bonds issued
27  pursuant to s. 375.051 and payable from moneys transferred to
28  the Land Acquisition Trust Fund pursuant to s. 201.15(1)(a),
29  not to exceed $3 billion, shall be deposited into this trust
30  fund to be distributed as provided in s. 259.101(3). No act of
31  the Legislature shall have the effect of transferring,
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    Florida Senate - 2002                                   SB 588
    25-368-02                                               See HB
  1  redistributing, or otherwise diminishing funds deposited into
  2  this trust fund, except as specifically authorized by this
  3  section. The bond resolution adopted by the governing board of
  4  the Division of Bond Finance may provide for additional
  5  provisions that govern the disbursement of the bond proceeds.
  6         Section 8.  There is appropriated from the General
  7  Revenue Fund to the Florida Preservation 2000 Trust Fund the
  8  sum of $75 million to restore funds transferred by the
  9  Legislature from the trust fund to the Save Our Everglades
10  Trust Fund in fiscal year 2001-2002.
11         Section 9.  There is appropriated from the General
12  Revenue Fund to the Florida Forever Trust Fund the sum of $5
13  million to provide debt service on the third series of Florida
14  Forever bonds.
15         Section 10.  This act shall take effect July 1, 2002.
16
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18                       LEGISLATIVE SUMMARY
19    Revises a limitation on the deposit of certain funds into
      the Land Acquisition Trust Fund. Restricts authority for
20    transfer of funds to the Save Our Everglades Trust Fund.
      Provides legislative recognition of the benefits of the
21    Florida Preservation 2000 program. Provides for
      restoration of funds transferred from the Florida
22    Preservation 2000 Trust Fund to the Save Our Everglades
      Trust Fund in fiscal year 2001-2002. Restricts further
23    transfer, redistribution, or diminishment of Florida
      Preservation 2000 funds.  Provides for funding of certain
24    debt service on Florida Forever bonds. Restricts future
      transfer, redistribution, or diminishment of Florida
25    Forever Act funds and funds deposited into the Florida
      Forever Trust Fund. Provides appropriations.
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