CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Dockery offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 253.002, Florida Statutes, is

18  amended to read:

19         253.002  Department of Environmental Protection, water

20  management districts, and Department of Agriculture and

21  Consumer Services; duties with respect to state lands.--

22         (1)  The Department of Environmental Protection shall

23  perform all staff duties and functions related to the

24  acquisition, administration, and disposition of state lands,

25  title to which is or will be vested in the Board of Trustees

26  of the Internal Improvement Trust Fund. However, upon the

27  effective date of rules adopted pursuant to s. 373.427, a

28  water management district created under s. 373.069 shall

29  perform the staff duties and functions related to the review

30  of any application for authorization to use board of

31  trustees-owned submerged lands necessary for an activity

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  regulated under part IV of chapter 373 for which the water

  2  management district has permitting responsibility as set forth

  3  in an operating agreement adopted pursuant to s. 373.046(4).;

  4  and effective July 1, 2000, the Department of Agriculture and

  5  Consumer Services shall perform the staff duties and functions

  6  related to the review of applications and compliance with

  7  lease conditions for use of board of trustees-owned submerged

  8  lands under leases issued pursuant to ss. 253.67-253.75 and

  9  597.010. Unless expressly prohibited by law, the board of

10  trustees may delegate to the department any statutory duty or

11  obligation relating to the acquisition, administration, or

12  disposition of lands, title to which is or will be vested in

13  the board of trustees. The board of trustees may also delegate

14  to any water management district created under s. 373.069 the

15  authority to take final agency action, without any action on

16  behalf of the board, on applications for authorization to use

17  board of trustees-owned submerged lands for any activity

18  regulated under part IV of chapter 373 for which the water

19  management district has permitting responsibility as set forth

20  in an operating agreement adopted pursuant to s. 373.046(4).

21  This water management district responsibility under this

22  subsection shall be subject to the department's general

23  supervisory authority pursuant to s. 373.026(7).

24         (2)  The Department of Agriculture and Consumer

25  Services shall perform the staff duties and functions related

26  to the review of applications and compliance with lease

27  conditions for use of board of trustees-owned submerged lands

28  under leases issued pursuant to ss. 253.67-253.75 and 597.010.

29  The board of trustees may also delegate to the Department of

30  Agriculture and Consumer Services the authority to take final

31  agency action on behalf of the board on applications to use

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  board of trustees-owned submerged lands for any activity for

  2  which that department has responsibility pursuant to ss.

  3  253.67-253.75 and 597.010. However, the board of trustees

  4  shall retain the authority to take final agency action on

  5  establishing any areas for leasing, new leases, expanding

  6  existing lease areas, or changing the type of lease activity

  7  in existing leases. Upon issuance of an aquaculture lease or

  8  other real property transaction relating to aquaculture, the

  9  Department of Agriculture and Consumer Services must send a

10  copy of the document and the accompanying survey to the

11  Department of Environmental Protection.

12         (3)(2)  Delegations to the department, or a water

13  management district, or the Department of Agriculture and

14  Consumer Services of authority to take final agency action on

15  applications for authorization to use submerged lands owned by

16  the board of trustees, without any action on behalf of the

17  board of trustees, shall be by rule. Until rules adopted

18  pursuant to this subsection become effective, existing

19  delegations by the board of trustees shall remain in full

20  force and effect. However, the board of trustees is not

21  limited or prohibited from amending these delegations. The

22  board of trustees shall adopt by rule any delegations of its

23  authority to take final agency action without action by the

24  board of trustees on applications for authorization to use

25  board of trustees-owned submerged lands. Any final agency

26  action, without action by the board of trustees, taken by the

27  department, or a water management district, or the Department

28  of Agriculture and Consumer Services on applications to use

29  board of trustees-owned submerged lands shall be subject to

30  the provisions of s. 373.4275. Notwithstanding any other

31  provision of this subsection, the board of trustees, the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  Department of Legal Affairs, and the department retain the

  2  concurrent authority to assert or defend title to submerged

  3  lands owned by the board of trustees.

  4         Section 2.  Subsection (2) of section 253.01, Florida

  5  Statutes, is amended to read:

  6         253.01  Internal Improvement Trust Fund established.--

  7         (2)(a)  All revenues accruing from sources designated

  8  by law for deposit in the Internal Improvement Trust Fund

  9  shall be used for the acquisition, management, administration,

10  protection, and conservation of state-owned lands.

11         (b)  For the 2001-2002 fiscal year only, the use of

12  funds allocated to the Internal Improvement Trust Fund shall

13  be as provided in the General Appropriations Act. This

14  paragraph expires July 1, 2002.

15         Section 3.  Effective January 7, 2003, subsections (1)

16  and (2) of section 253.02, Florida Statutes, are amended to

17  read:

18         253.02  Board of trustees; powers and duties.--

19         (1)  For the purpose of assuring the proper application

20  of the Internal Improvement Trust Fund and the Land

21  Acquisition Trust Fund for the purposes of this chapter, the

22  land provided for in ss. 253.01 and 253.03, and all the funds

23  arising from the sale, transfer, or exchange thereof, after

24  paying the necessary expense of selection, management, and

25  sale, are irrevocably vested in a board of four seven

26  trustees, to wit: The Governor, the Chief Financial Officer

27  the Secretary of State, the Attorney General, the Comptroller,

28  the State Treasurer, the Commissioner of Education, and the

29  Commissioner of Agriculture and their successors in office, to

30  hold the same in trust for the uses and purposes provided in

31  this chapter, with the power to sell, transfer, or exchange

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  said lands and receive payment for the same, and invest the

  2  surplus moneys arising therefrom, from time to time, in stocks

  3  of the United States, stocks of the several states, or the

  4  internal improvement bonds issued under the provisions of law;

  5  also, the surplus interest accruing from such investments.

  6  Said board of trustees have all the rights, powers, property,

  7  claims, remedies, actions, suits, and things whatsoever

  8  belonging to them, or appertaining before and at the time of

  9  the enactment hereof, and they shall remain subject to and

10  pay, fulfill, perform, and discharge all debts, duties, and

11  obligations of their trust, existing at the time of the

12  enactment hereof or provided in this chapter.

13         (2)  The board of trustees shall not sell, transfer,

14  exchange, or otherwise dispose of any lands the title to which

15  is vested in the board of trustees except by vote of at least

16  three five of the four seven trustees.

17         Section 4.  Paragraphs (e), (f), and (g) of subsection

18  (1) of section 253.03, Florida Statutes, are amended to read:

19         253.03  Board of trustees to administer state lands;

20  lands enumerated.--

21         (1)  The Board of Trustees of the Internal Improvement

22  Trust Fund of the state is vested and charged with the

23  acquisition, administration, management, control, supervision,

24  conservation, protection, and disposition of all lands owned

25  by, or which may hereafter inure to, the state or any of its

26  agencies, departments, boards, or commissions, excluding lands

27  held for transportation facilities and transportation

28  corridors and canal rights-of-way, spoil areas and lands

29  required for disposal of materials, or borrow pits; any land,

30  title to which is vested or may become vested in any port

31  authority, flood control district, water management district,

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  or navigation district or agency created by any general or

  2  special act; and any lands, including the Camp Blanding

  3  Military Reservation, which have been conveyed to the state

  4  for military purposes only, and which are subject to reversion

  5  if conveyed by the original grantee or if the conveyance to

  6  the Board of Trustees of the Internal Improvement Trust Fund

  7  under this act would work a reversion from any other cause, or

  8  where any conveyance of lands held by a state agency which are

  9  encumbered by or subject to liens, trust agreements, or any

10  form of contract which encumbers state lands for the repayment

11  of funded debt.  Lands vested in the Board of Trustees of the

12  Internal Improvement Trust Fund shall be deemed to be:

13         (e)  All lands covered by shallow waters of the ocean

14  or gulf, or bays or lagoons thereof, and all lands owned by

15  the state covered by fresh water; and

16         (f)  All parks, reservations, or lands or bottoms set

17  aside in the name of the state, excluding lands held for

18  transportation facilities and transportation corridors and

19  canal rights-of-way.;

20         (g)  All lands which have accrued, or which may

21  hereafter accrue, to the state from any source whatsoever,

22  excluding lands held for transportation facilities and

23  transportation corridors and canal rights-of-way, spoil areas,

24  or borrow pits or any land, the title to which is vested or

25  may become vested in any port authority, flood control

26  district, water management district, or navigation district or

27  agency created by any general or special act.

28         Section 5.  Effective July 1, 2003, subsections (12),

29  (13), and (14), of section 201.15, Florida Statutes, are

30  renumbered as subsections (13), (14), and (15), and a new

31  subsection (12) is added to said section, to read:

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1         201.15  Distribution of taxes collected.--All taxes

  2  collected under this chapter shall be distributed as follows

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

  4  215.20(1), except that such service charge shall not be levied

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

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

  7  required to pay any amounts relating to the bonds:

  8         (12)  From the moneys specified in paragraphs (1)(c)

  9  and (2)(a) and prior to deposit of any moneys into the General

10  Revenue fund, $25 million shall be paid into the State

11  Treasury to the credit of the Conservation and Recreation

12  Lands Program Trust Fund in fiscal year 2003-2004 and each

13  fiscal year thereafter, to be used for the acquisition of

14  conservation easements and rural land protection easements,

15  and for funding agricultural protection agreements and

16  resource conservation agreements as provided in s. 570.71.

17         Section 6.  Subsection (1) of section 570.207, Florida

18  Statutes, is amended to read:

19         570.207  Conservation and Recreation Lands Program

20  Trust Fund of the Department of Agriculture and Consumer

21  Services.--

22         (1)  There is created a Conservation and Recreation

23  Lands Program Trust Fund within the Department of Agriculture

24  and Consumer Services. The purpose of the trust fund is to

25  provide for the management of conservation and recreation

26  lands by the department. Funds may be appropriated to the

27  trust fund from the Conservation and Recreation Lands Trust

28  Fund in the Department of Environmental Protection, as created

29  by s. 259.032(2), or from such other sources as the

30  Legislature may determine for the management of conservation

31  and recreation lands by the department. For fiscal year

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  2002-2003, the department may use funds deposited into the

  2  Conservation and Recreation Lands Program Trust Fund pursuant

  3  to the provisions of the General Appropriations Act, and funds

  4  from such other sources as the Legislature determines for the

  5  acquisition of conservation easements and rural land

  6  protection easements, and for funding agricultural protection

  7  agreements and resource conservation agreements pursuant to s.

  8  570.71.

  9         Section 7.  Section 570.70, Florida Statutes, is

10  amended to read:

11         570.70  Legislative findings; study.--

12         (1)  The Legislature finds and declares that:

13         (a)(1)  A thriving rural economy with a strong

14  agricultural base, healthy natural environment, and viable

15  rural communities is an essential part of Florida. Rural areas

16  also include the largest remaining intact ecosystems and best

17  examples of remaining wildlife habitats as well as a majority

18  of privately owned land targeted by local, state, and federal

19  agencies for natural resource protection.

20         (b)(2)  The growth of Florida's population can result

21  in agricultural and rural lands being converted into

22  residential or commercial development.

23         (c)(3)  The agricultural, rural, natural resource, and

24  commodity values of rural lands are vital to the state's

25  economy, productivity, rural heritage, and quality of life.

26         (d)(4)  There is The Legislature further recognizes the

27  need for enhancing the ability of rural landowners to obtain

28  economic value from their property, protecting rural

29  character, controlling urban sprawl, and providing necessary

30  open space for agriculture and the natural environment, and

31  the importance of maintaining and protecting Florida's rural

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





  1  economy through innovative planning and development strategies

  2  in rural areas and the use of incentives that reward

  3  landowners for good stewardship of land and natural resources.

  4         (e)(5)  The purpose of this act is to bring under

  5  public protection lands that serve to limit subdivision and

  6  conversion of agricultural and natural areas that provide

  7  economic, open space, water, and wildlife benefits by

  8  acquiring land or related interests in land such as perpetual,

  9  less-than-fee acquisitions, agricultural protection

10  agreements, and resource conservation agreements and

11  innovative planning and development strategies in rural areas.

12         (2)  A study conducted by the department to determine

13  and prioritize needs for implementing the provisions of this

14  section and s. 570.71 concluded the following:

15         (a)  Between 1964 and 1997, Florida lost nearly 5

16  million acres of valuable agricultural land, with most of the

17  loss involving ranch and forest lands.

18         (b)  Florida currently has 9,114,000 acres of

19  agricultural land with natural resource attributes, including

20  groundwater recharge, natural floodplain, and significant

21  species habitat, and more than 900,000 acres of this land will

22  be converted to other uses within a decade.

23         (c)  The objective of a program to protect agricultural

24  land with natural resource value through conservation

25  easements and other tools should be protection of 1 acre for

26  every acre lost.

27         Section 8.  Except as otherwise provided herein, this

28  act shall take effect July 1, 2002.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    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 thru page 2, line 2

  4  remove:  all of said lines

  5

  6  and insert:

  7         An act relating to state lands; amending s.

  8         253.002, F.S.; providing for certain duties of

  9         the Department of Agriculture and Consumer

10         Services; amending s. 253.01, F.S.; revising

11         the use of funds deposited into the Internal

12         Improvement Trust Fund; deleting obsolete

13         language; amending s. 253.02, F.S.; effective

14         January 7, 2003, revising the membership of the

15         Board of Trustees of the Internal Improvement

16         Trust Fund to conform to the requirements of

17         the State Constitution; amending s. 253.03,

18         F.S.; revising conditions under which the Board

19         of Trustees of the Internal Improvement trust

20         Fund is vested and charged with certain

21         responsibilities for current and future

22         state-owned lands to delete duplicative

23         language; amending s. 201.15, F.S; providing an

24         appropriation to the Conservation and

25         Recreation Lands Program Trust Fund beginning

26         in fiscal year 2003-2004; amending s. 570.207,

27         F.S. authorizing the department's use of funds

28         deposited into the Conservation and Recreation

29         Lands Program Trust Fund; amending s. 570.70,

30         F.S.; providing conclusions of a study

31         conducted by the department; providing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 749

    Amendment No. 1 (for drafter's use only)





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