Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1226, 1st Eng.
                        Barcode 032710
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: WD/3R            .                    
       05/05/2006 05:38 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Dockery moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Paragraph (b) of subsection (1) and
18  subsection (13) of section 201.15, Florida Statutes, are
19  amended to read:
20         201.15  Distribution of taxes collected.--All taxes
21  collected under this chapter shall be distributed as follows
22  and shall be subject to the service charge imposed in s.
23  215.20(1), except that such service charge shall not be levied
24  against any portion of taxes pledged to debt service on bonds
25  to the extent that the amount of the service charge is
26  required to pay any amounts relating to the bonds:
27         (1)  Sixty-two and sixty-three hundredths percent of
28  the remaining taxes collected under this chapter shall be used
29  for the following purposes:
30         (b)  Moneys The remainder of the moneys distributed
31  under this subsection, after the required payment under
                                  1
    11:13 AM   05/05/06                             s1226.15ep.099

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 paragraph (a), shall be paid into the State Treasury to the 2 credit of the Save Our Everglades Trust Fund in amounts 3 necessary to pay debt service, provide reserves, and pay 4 rebate obligations and other amounts due with respect to bonds 5 issued under s. 215.619. Taxes distributed under paragraph (a) 6 and this paragraph must be collectively distributed on a pro 7 rata basis. 8 (13) The distribution of proceeds deposited into the 9 Water Management Lands Trust Fund and the Conservation and 10 Recreation Lands Trust Fund, pursuant to subsections (4) and 11 (5), shall not be used for land acquisition, but may be used 12 for preacquisition costs associated with land purchases. The 13 Legislature intends that the Florida Forever program supplant 14 the acquisition programs formerly authorized under ss. 259.032 15 and 373.59. Prior to the 2005 Regular Session of the 16 Legislature, the Acquisition and Restoration Council shall 17 review and make recommendations to the Legislature concerning 18 the need to repeal this provision. Based on these 19 recommendations, the Legislature shall review the need to 20 repeal this provision during the 2005 Regular Session. 21 Section 2. Effective July 1, 2007, paragraph (b) of 22 subsection (1) and subsection (13) of section 201.15, Florida 23 Statutes, as amended by section 1 of chapter 2005-92, Laws of 24 Florida, are amended to read: 25 201.15 Distribution of taxes collected.--All taxes 26 collected under this chapter shall be distributed as follows 27 and shall be subject to the service charge imposed in s. 28 215.20(1), except that such service charge shall not be levied 29 against any portion of taxes pledged to debt service on bonds 30 to the extent that the amount of the service charge is 31 required to pay any amounts relating to the bonds: 2 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 (1) Sixty-two and sixty-three hundredths percent of 2 the remaining taxes collected under this chapter shall be used 3 for the following purposes: 4 (b) Moneys The remainder of the moneys distributed 5 under this subsection, after the required payment under 6 paragraph (a), shall be paid into the State Treasury to the 7 credit of the Save Our Everglades Trust Fund in amounts 8 necessary to pay debt service, provide reserves, and pay 9 rebate obligations and other amounts due with respect to bonds 10 issued under s. 215.619. Taxes distributed under paragraph (a) 11 and this paragraph must be collectively distributed on a pro 12 rata basis. 13 (13) The distribution of proceeds deposited into the 14 Water Management Lands Trust Fund and the Conservation and 15 Recreation Lands Trust Fund, pursuant to subsections (4) and 16 (5), shall not be used for land acquisition, but may be used 17 for preacquisition costs associated with land purchases. The 18 Legislature intends that the Florida Forever program supplant 19 the acquisition programs formerly authorized under ss. 259.032 20 and 373.59. Prior to the 2005 Regular Session of the 21 Legislature, the Acquisition and Restoration Council shall 22 review and make recommendations to the Legislature concerning 23 the need to repeal this provision. Based on these 24 recommendations, the Legislature shall review the need to 25 repeal this provision during the 2005 Regular Session. 26 Section 3. Subsection (3) of section 215.619, Florida 27 Statutes, is amended to read: 28 215.619 Bonds for Everglades restoration.-- 29 (3) Everglades restoration bonds are payable from, and 30 secured by a first lien on, taxes distributable under s. 31 201.15(1)(b) and do not constitute a general obligation of, or 3 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 a pledge of the full faith and credit of, the state. 2 Everglades restoration bonds shall be secured on a parity 3 basis with are junior and subordinate to bonds secured by 4 moneys distributable under s. 201.15(1)(a). 5 Section 4. Paragraph (b) of subsection (2), paragraphs 6 (e) and (f) of subsection (9), paragraph (d) of subsection 7 (10), and paragraph (b) of subsection (11) of section 259.032, 8 Florida Statutes, are amended to read: 9 259.032 Conservation and Recreation Lands Trust Fund; 10 purpose.-- 11 (2) 12 (b) There shall annually be transferred from the 13 Conservation and Recreation Lands Trust Fund to the Land 14 Acquisition Trust Fund that amount, not to exceed $20 million 15 annually, as shall be necessary to pay the debt service on, or 16 fund debt service reserve funds, rebate obligations, or other 17 amounts with respect to bonds issued pursuant to s. 375.051 to 18 acquire lands on the established priority list developed 19 pursuant to ss. 259.101(4) and 259.105 this section; however, 20 no moneys transferred to the Land Acquisition Trust Fund 21 pursuant to this paragraph, or earnings thereon, shall be used 22 or made available to pay debt service on the Save Our Coast 23 revenue bonds. Amounts transferred annually from the 24 Conservation and Recreation Lands Trust Fund to the Land 25 Acquisition Trust Fund pursuant to this paragraph shall have 26 the highest priority over other payments or transfers from the 27 Conservation and Recreation Lands Trust Fund, and no other 28 payments or transfers shall be made from the Conservation and 29 Recreation Lands Trust Fund until such transfers to the Land 30 Acquisition Trust Fund have been made. Effective July 1, 2001, 31 Moneys in the Conservation and Recreation Lands Trust Fund 4 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 also shall be used to manage lands and to pay for related 2 costs, activities, and functions pursuant to the provisions of 3 this section. 4 (9) All lands managed under this chapter and s. 5 253.034 shall be: 6 (e) Concurrent with the approval of the acquisition 7 contract pursuant to s. 259.041(3)(c) for any interest in 8 lands except those lands being acquired under the provisions 9 of s. 259.1052, the board of trustees shall designate an 10 agency or agencies to manage such lands. The board and shall 11 evaluate and amend, as appropriate, the management policy 12 statement for the project as provided by s. 259.035, 13 consistent with the purposes for which the lands are acquired. 14 For any fee simple acquisition of a parcel which is or will be 15 leased back for agricultural purposes, or any acquisition of a 16 less-than-fee interest in land that is or will be used for 17 agricultural purposes, the Board of Trustees of the Internal 18 Improvement Trust Fund shall first consider having a soil and 19 water conservation district, created pursuant to chapter 582, 20 manage and monitor such interests. 21 (f) State agencies designated to manage lands acquired 22 under this chapter except those lands acquired under s. 23 259.1052 may contract with local governments and soil and 24 water conservation districts to assist in management 25 activities, including the responsibility of being the lead 26 land manager. Such land management contracts may include a 27 provision for the transfer of management funding to the local 28 government or soil and water conservation district from the 29 Conservation and Recreation Lands Trust Fund in an amount 30 adequate for the local government or soil and water 31 conservation district to perform its contractual land 5 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 management responsibilities and proportionate to its 2 responsibilities, and which otherwise would have been expended 3 by the state agency to manage the property. 4 (10) 5 (d)1. For each project for which lands are acquired 6 after July 1, 1995, an individual management plan shall be 7 adopted and in place no later than 1 year after the essential 8 parcel or parcels identified in the priority list developed 9 pursuant to ss. 259.101(4) and 259.105 in the annual 10 Conservation and Recreation Lands report prepared pursuant to 11 s. 259.035(2)(a) have been acquired. Beginning in fiscal year 12 1998-1999, The Department of Environmental Protection shall 13 distribute only 75 percent of the acquisition funds to which a 14 budget entity or water management district would otherwise be 15 entitled from the Preservation 2000 Trust Fund to any budget 16 entity or any water management district that has more than 17 one-third of its management plans overdue. 18 2. The requirements of subparagraph 1. do not apply to 19 the individual management plan for the Babcock Crescent B 20 Ranch being acquired pursuant to s. 259.1052. The management 21 plan for the ranch shall be adopted and in place no later than 22 2 years following the date of acquisition by the state. 23 (11) 24 (b) An amount up to 1.5 percent of the cumulative 25 total of funds ever deposited into the Florida Preservation 26 2000 Trust Fund and the Florida Forever Trust Fund shall be 27 made available for the purposes of management, maintenance, 28 and capital improvements not eligible for funding pursuant to 29 s. 11(e), Art. VII of the State Constitution, and for 30 associated contractual services, for lands acquired pursuant 31 to this section, s. 259.101, s. 259.105, s. 259.1052, or 6 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 previous programs for the acquisition of lands for 2 conservation and recreation, including state forests, to which 3 title is vested in the board of trustees and other 4 conservation and recreation lands managed by a state agency. 5 Of this amount, $250,000 shall be transferred annually to the 6 Plant Industry Trust Fund within the Department of Agriculture 7 and Consumer Services for the purpose of implementing the 8 Endangered or Threatened Native Flora Conservation Grants 9 Program pursuant to s. 581.185(11). Each agency with 10 management responsibilities shall annually request from the 11 Legislature funds sufficient to fulfill such responsibilities. 12 For the purposes of this paragraph, capital improvements shall 13 include, but need not be limited to, perimeter fencing, signs, 14 firelanes, access roads and trails, and minimal public 15 accommodations, such as primitive campsites, garbage 16 receptacles, and toilets. Any equipment purchased with funds 17 provided pursuant to this paragraph may be used for the 18 purposes described in this paragraph on any conservation and 19 recreation lands managed by a state agency. 20 Section 5. Subsections (1) and (2) of section 21 259.1051, Florida Statutes, are amended to read: 22 259.1051 Florida Forever Trust Fund.-- 23 (1) There is created the Florida Forever Trust Fund to 24 carry out the purposes of ss. 259.032, 259.105, 259.1052, and 25 375.031. The Florida Forever Trust Fund shall be held and 26 administered by the Department of Environmental Protection. 27 Proceeds from the sale of bonds, except proceeds of refunding 28 bonds, issued under s. 215.618 and payable from moneys 29 transferred to the Land Acquisition Trust Fund under s. 30 201.15(1)(a), not to exceed $3 billion, must be deposited into 31 this trust fund to be distributed and used as provided in s. 7 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 259.105(3). The bond resolution adopted by the governing board 2 of the Division of Bond Finance of the State Board of 3 Administration may provide for additional provisions that 4 govern the disbursement of the bond proceeds. 5 (2) The Department of Environmental Protection shall 6 distribute revenues from the Florida Forever Trust Fund only 7 to programs of state agencies or local governments as set out 8 in s. 259.105(3) or as provided in s. 259.1052. Excluding 9 distributions to the Save Our Everglades Trust Fund and 10 distributions for the acquisition of the Babcock Crescent B 11 Ranch Florida Forever acquisition as provided in s. 259.1052, 12 the distributions shall be spent by the recipient within 90 13 days after the date on which the Department of Environmental 14 Protection initiates the transfer. 15 Section 6. Section 259.1052, Florida Statutes, is 16 created to read: 17 259.1052 Babcock Crescent B Ranch Florida Forever 18 acquisition; conditions for purchase.-- 19 (1) The purchase of the state's portion of the Babcock 20 Crescent B Ranch by the Board of Trustees of the Internal 21 Improvement Trust Fund is a conservation acquisition under the 22 Florida Forever program created in s. 259.105. 23 (2) The Babcock Crescent B Ranch constitutes a unique 24 land mass that has significant scientific, cultural, 25 historical, recreational, ecological, wildlife, fisheries, and 26 productive values. The property is part of a potential 27 greenway of undeveloped land extending from Lake Okeechobee to 28 the east and Charlotte Harbor to the west. The natural beauty 29 and abundant resources of the ranch provide numerous public 30 recreational opportunities such as hiking, fishing, camping, 31 horseback riding, and hunting. 8 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 (3) The Legislature recognizes that the acquisition of 2 the state's portion of the Babcock Crescent B Ranch represents 3 a unique opportunity to assist in preserving the largest 4 private and undeveloped single-ownership tract of land in 5 Charlotte County. The Legislature further recognizes Lee 6 County as a partner in the acquisition of the ranch. 7 (4) This section authorizes the acquisition of the 8 state's portion of the Babcock Crescent B Ranch in order to 9 protect and preserve for future generations the scientific, 10 scenic, historic, and natural values of the ranch, including 11 rivers and ecosystems; to protect and preserve the 12 archaeological, geological, and cultural resources of the 13 ranch; to provide for species recovery; and to provide 14 opportunities for public recreation. 15 (5) The Fish and Wildlife Conservation Commission and 16 the Department of Agriculture and Consumer Services shall be 17 the lead managing agencies responsible for the management of 18 Babcock Crescent B Ranch. 19 (6) In addition to distributions authorized under s. 20 259.105(3), the Department of Environmental Protection is 21 authorized to distribute $310 million in revenues from the 22 Florida Forever Trust Fund. This distribution shall represent 23 payment in full for the portion of the Babcock Crescent B 24 Ranch to be acquired by the state under this section. 25 (7) As used in this section, the term "state's portion 26 of the Babcock Crescent B Ranch" comprises those lands to be 27 conveyed by special warranty deed to the Board of Trustees of 28 the Internal Improvement Trust Fund under the provisions of 29 the agreement for sale and purchase executed by the Board of 30 Trustees of the Internal Improvement Trust Fund, the Fish and 31 Wildlife Conservation Commission, the Department of 9 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 Agriculture and Consumer Services, and the participating local 2 government, as purchaser, and MSKP, III, a Florida 3 corporation, as seller. 4 Section 7. Section 259.10521, Florida Statutes, is 5 created to read: 6 259.10521 Citizen support organization; use of 7 property; audit.-- 8 (1) DEFINITIONS.--For the purpose of this section, the 9 "Citizen support organization" means an organization that is: 10 (a) A Florida corporation not for profit incorporated 11 under the provisions of chapter 617 and approved by the 12 Department of State; 13 (b) Organized and operated to conduct programs and 14 activities in the best interest of the state; raise funds; 15 request and receive grants, gifts, and bequests of money; 16 acquire, receive, hold, invest, and administer, in its own 17 name, securities, funds, objects of value, or other property, 18 real or personal; and make expenditures to or for the direct 19 or indirect benefit of the Babcock Crescent B Ranch; 20 (c) Determined by the Fish and Wildlife Conservation 21 Commission and the Division of Forestry within the Department 22 of Agriculture and Consumer Services to be consistent with the 23 goals of the state in acquiring the ranch and in the best 24 interests of the state; and 25 (d) Approved in writing by the Fish and Wildlife 26 Conservation Commission and the Division of Forestry to 27 operate for the direct or indirect benefit of the ranch and in 28 the best interest of the state. Such approval shall be given 29 in a letter of agreement from the Fish and Wildlife 30 Conservation Commission and the Division of Forestry. Only one 31 citizen support organization may be created to operate for the 10 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 direct or indirect benefit of the Babcock Crescent B Ranch. 2 (2) USE OF PROPERTY.-- 3 (a) The Fish and Wildlife Conservation Commission and 4 the Division of Forestry may permit, without charge, 5 appropriate use of fixed property and facilities of the 6 Babcock Crescent B Ranch by a citizen support organization, 7 subject to the provisions of this section. Such use must be 8 directly in keeping with the approved purposes of the citizen 9 support organization, and may not be made at times or places 10 that would unreasonably interfere with recreational 11 opportunities for the general public. 12 (b) The Fish and Wildlife Conservation Commission and 13 the Division of Forestry may prescribe by rule any condition 14 with which the citizen support organization shall comply in 15 order to use fixed property or facilities of the ranch. 16 (c) The Fish and Wildlife Conservation Commission and 17 the Division of Forestry shall not permit the use of any fixed 18 property or facilities of the ranch by a citizen support 19 organization that does not provide equal membership and 20 employment opportunities to all persons regardless of race, 21 color, religion, sex, age, or national origin. 22 (3) PARTNERSHIPS.-- 23 (a) The Legislature recognizes that the Babcock 24 Crescent B Ranch will need a variety of facilities to enhance 25 its public use and potential. Such facilities include, but are 26 not limited to, improved access, camping areas, picnic 27 shelters, management facilities, and environmental education 28 facilities. The need for such facilities may exceed the 29 ability of the state to provide such facilities in a timely 30 manner with moneys available. The Legislature finds it to be 31 in the public interest to provide incentives for partnerships 11 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 with private organizations with the intent of producing 2 additional revenue to help enhance the use and potential of 3 the ranch. 4 (b) The Legislature may annually appropriate funds 5 from the Land Acquisition Trust Fund for use only as state 6 matching funds, in conjunction with private donations in 7 aggregates of at least $60,000, matched by $40,000 of state 8 funds, for a total minimum project amount of $100,000 for 9 capital improvement facility development at the ranch at 10 either individually designated locations or for priority 11 projects within the overall ranch system. The citizen support 12 organization may acquire private donations pursuant to this 13 section, and matching state funds for approved projects may be 14 provided in accordance with this subsection. The Fish and 15 Wildlife Conservation Commission and the Division of Forestry 16 are authorized to properly recognize and honor a private donor 17 by placing a plaque or other appropriate designation noting 18 the contribution on project facilities or by naming project 19 facilities after the person or organization that provided 20 matching funds. The Fish and Wildlife Conservation Commission 21 and the Division of Forestry are authorized to adopt necessary 22 administrative rules to carry out the purposes of this 23 subsection. 24 Section 8. For the 2006-2007 fiscal year, the sum of 25 $310 million in nonrecurring funds is appropriated from the 26 Florida Forever Trust Fund in the Department of Environmental 27 Protection for the purchase of the Babcock Crescent B Ranch as 28 provided in s. 259.1052, Florida Statutes. 29 Section 9. Except as otherwise expressly provided in 30 this act, this act shall take effect upon becoming a law. 31 12 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to land acquisition; amending 8 s. 201.15, F.S.; providing that taxes 9 distributed to pay debt service on Preservation 10 2000 bonds, Florida Forever bonds, and Save Our 11 Everglades bonds shall be collectively 12 distributed on a pro rata basis; deleting 13 obsolete provisions; amending s. 215.619, F.S.; 14 providing that Everglades restoration bonds are 15 on a parity basis with other land acquisition 16 bonds; amending s. 259.032, F.S.; authorizing 17 the use of funds in the Conservation and 18 Recreation Lands Trust Fund for management, 19 maintenance, and capital improvements for 20 conservation and recreation lands, including 21 lands acquired under the Babcock Crescent B 22 Ranch Florida Forever acquisition; revising 23 requirements for the development of an 24 individual land management plan; amending s. 25 259.1051, F.S.; conforming the distribution of 26 funds from the Florida Forever Trust Fund; 27 creating s. 259.1052, F.S.; providing for the 28 acquisition of the state's portion of the 29 Babcock Crescent B Ranch; providing a 30 definition; granting authority to the 31 Department of Environmental Protection to 13 11:13 AM 05/05/06 s1226.15ep.099
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1226, 1st Eng. Barcode 032710 1 distribute funds for the acquisition of the 2 Babcock Crescent B Ranch; creating s. 3 259.10521, F.S.; authorizing the creation of a 4 citizen support organization; providing duties 5 and responsibilities; providing an 6 appropriation; providing effective dates. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 11:13 AM 05/05/06 s1226.15ep.099