Senate Bill sb1226c1

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    Florida Senate - 2006                           CS for SB 1226

    By the Committee on Environmental Preservation; and Senators
    Dockery, Clary and Smith




    592-1871-06

  1                      A bill to be entitled

  2         An act relating to land acquisition; amending

  3         s. 201.15, F.S.; authorizing the distribution

  4         of certain moneys into the Florida Forever

  5         Trust Fund for the purchase of the state's

  6         portion of the Babcock Crescent B Ranch;

  7         deleting provisions authorizing the

  8         distribution of certain moneys into the Florida

  9         Forever Trust Fund; amending s. 259.032, F.S.;

10         authorizing the use of funds in the

11         Conservation and Recreation Lands Trust Fund

12         for management, maintenance, and capital

13         improvements for conservation and recreation

14         lands, including lands acquired under the

15         Babcock Crescent B Ranch Florida Forever

16         acquisition; revising requirements for the

17         development of an individual land management

18         plan; amending s. 259.1051, F.S.; conforming

19         the distribution of funds from the Florida

20         Forever Trust Fund; creating s. 259.1052, F.S.;

21         providing for the acquisition of the state's

22         portion of the Babcock Crescent B Ranch;

23         encouraging the use of documentary stamp tax

24         revenues for the purchase of the state's

25         portion of the Babcock Crescent B Ranch;

26         providing a definition; granting authority to

27         the Department of Environmental Protection to

28         distribute funds for the acquisition of the

29         Babcock Crescent B Ranch; creating s.

30         259.10521, F.S.; authorizing the creation of

31         the Babcock Ranch citizen support organization;

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 1         providing duties and responsibilities;

 2         providing effective dates.

 3  

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

 5  

 6         Section 1.  Paragraph (e) of subsection (1) and

 7  subsections (2), (11), and (13) of section 201.15, Florida

 8  Statutes, are amended to read:

 9         201.15  Distribution of taxes collected.--All taxes

10  collected under this chapter shall be distributed as follows

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

12  215.20(1), except that such service charge shall not be levied

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

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

15  required to pay any amounts relating to the bonds:

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

17  the remaining taxes collected under this chapter shall be used

18  for the following purposes:

19         (e)  The remainder of the moneys distributed under this

20  subsection, after the required payments under paragraphs (a),

21  (b), (c), and (d), shall be paid into the State Treasury to

22  the credit of the General Revenue Fund of the state to be used

23  and expended for the purposes for which the General Revenue

24  Fund was created and exists by law or to the Ecosystem

25  Management and Restoration Trust Fund, or to the Marine

26  Resources Conservation Trust Fund, or the Florida Forever

27  Trust Fund, as provided in subsection (11).

28         (2)  Seven and fifty-six hundredths percent of the

29  remaining taxes collected under this chapter shall be used for

30  the following purposes:

31  

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 1         (a)  Beginning in the month following the final payment

 2  for a fiscal year under paragraph (1)(c), available moneys

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

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

 5  the purposes for which the General Revenue Fund was created

 6  and exists by law or to the Ecosystem Management and

 7  Restoration Trust Fund, or to the Marine Resources

 8  Conservation Trust Fund, or the Florida Forever Trust Fund, as

 9  provided in subsection (11). Payments made under this

10  paragraph shall continue until the cumulative amount credited

11  to the General Revenue Fund for the fiscal year under this

12  paragraph equals the cumulative payments made under paragraph

13  (1)(c) for the same fiscal year.

14         (b)  The remainder of the moneys distributed under this

15  subsection shall be paid into the State Treasury to the credit

16  of the Land Acquisition Trust Fund. Sums deposited in the fund

17  pursuant to this subsection may be used for any purpose for

18  which funds deposited in the Land Acquisition Trust Fund may

19  lawfully be used.

20         (11)(a)  From the moneys specified in paragraphs (1)(e)

21  (1)(d) and (2)(a) and prior to deposit of any moneys into the

22  General Revenue Fund, $30 million shall be paid into the State

23  Treasury to the credit of the Ecosystem Management and

24  Restoration Trust Fund in fiscal year 2000-2001 and each

25  fiscal year thereafter, to be used for the preservation and

26  repair of the state's beaches as provided in ss.

27  161.091-161.212, and $2 million shall be paid into the State

28  Treasury to the credit of the Marine Resources Conservation

29  Trust Fund to be used for marine mammal care as provided in s.

30  370.0603(3).

31  

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 1         (b)  For the 2006-2007 fiscal year, prior to deposit of

 2  any moneys into the General Revenue Fund authorized in this

 3  subsection, the sum of $310 million shall be paid into the

 4  State Treasury to the credit of the Florida Forever Trust

 5  Fund, to be used for the purchase of the Babcock Crescent B

 6  Ranch as provided in s. 259.1052.

 7         (13)  The distribution of proceeds deposited into the

 8  Water Management Lands Trust Fund and the Conservation and

 9  Recreation Lands Trust Fund, pursuant to subsections (4) and

10  (5), shall not be used for land acquisition, but may be used

11  for preacquisition costs associated with land purchases.  The

12  Legislature intends that the Florida Forever program supplant

13  the acquisition programs formerly authorized under ss. 259.032

14  and 373.59. Prior to the 2005 Regular Session of the

15  Legislature, the Acquisition and Restoration Council shall

16  review and make recommendations to the Legislature concerning

17  the need to repeal this provision.  Based on these

18  recommendations, the Legislature shall review the need to

19  repeal this provision during the 2005 Regular Session.

20         Section 2.  Effective July 1, 2007, paragraph (e) of

21  subsection (1) and subsections (2), (11), and (13) of section

22  201.15, Florida Statutes, as amended by section 1 of chapter

23  2005-92, Laws of Florida, and as amended by this act, are

24  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:

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    Florida Senate - 2006                           CS for SB 1226
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 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         (e)  The remainder of the moneys distributed under this

 5  subsection, after the required payments under paragraphs (a),

 6  (b), (c), and (d) shall be paid into the State Treasury to the

 7  credit of the General Revenue Fund to be used and expended for

 8  the purposes for which the General Revenue Fund was created

 9  and exists by law or to the Ecosystem Management and

10  Restoration Trust Fund or, the Marine Resources Conservation

11  Trust Fund, or the Florida Forever Trust Fund, as provided in

12  subsection (11).

13         (2)  The lesser of seven and fifty-six hundredths

14  percent of the remaining taxes collected under this chapter or

15  $84.9 million in each fiscal year shall be used for the

16  following purposes:

17         (a)  Beginning in the month following the final payment

18  for a fiscal year under paragraph (1)(c), available moneys

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

20  General Revenue Fund to be used and expended for the purposes

21  for which the General Revenue Fund was created and exists by

22  law or to the Ecosystem Management and Restoration Trust Fund

23  or, the Marine Resources Conservation Trust Fund, or the

24  Florida Forever Trust Fund, as provided in subsection (11).

25  Payments made under this paragraph shall continue until the

26  cumulative amount credited to the General Revenue Fund for the

27  fiscal year under this paragraph equals the cumulative

28  payments made under paragraph (1)(c) for the same fiscal year.

29         (b)  The remainder of the moneys distributed under this

30  subsection shall be paid into the State Treasury to the credit

31  of the Land Acquisition Trust Fund. Sums deposited in the fund

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    Florida Senate - 2006                           CS for SB 1226
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 1  pursuant to this subsection may be used for any purpose for

 2  which funds deposited in the Land Acquisition Trust Fund may

 3  lawfully be used.

 4         (11)(a)  From the moneys specified in paragraphs (1)(e)

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

 6  Revenue Fund, $30 million shall be paid into the State

 7  Treasury to the credit of the Ecosystem Management and

 8  Restoration Trust Fund in fiscal year 2000-2001 and each

 9  fiscal year thereafter, to be used for the preservation and

10  repair of the state's beaches as provided in ss.

11  161.091-161.212, and $2 million shall be paid into the State

12  Treasury to the credit of the Marine Resources Conservation

13  Trust Fund to be used for marine mammal care as provided in s.

14  370.0603(3).

15         (b)  For the 2006-2007 fiscal year, prior to deposit of

16  any moneys into the General Revenue Fund authorized in this

17  subsection, the sum of $310 million shall be paid into the

18  State Treasury to the credit of the Florida Forever Trust

19  Fund, to be used for the purchase of the Babcock Ranch Florida

20  Forever acquisition authorized in s. 259.1052.

21         (13)  The distribution of proceeds deposited into the

22  Water Management Lands Trust Fund and the Conservation and

23  Recreation Lands Trust Fund, pursuant to subsections (4) and

24  (5), shall not be used for land acquisition, but may be used

25  for preacquisition costs associated with land purchases. The

26  Legislature intends that the Florida Forever program supplant

27  the acquisition programs formerly authorized under ss. 259.032

28  and 373.59. Prior to the 2005 Regular Session of the

29  Legislature, the Acquisition and Restoration Council shall

30  review and make recommendations to the Legislature concerning

31  the need to repeal this provision. Based on these

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 1  recommendations, the Legislature shall review the need to

 2  repeal this provision during the 2005 Regular Session.

 3         Section 3.  Paragraph (b) of subsection (2), paragraphs

 4  (e) and (f) of subsection (9), paragraph (d) of subsection

 5  (10), and paragraph (b) of subsection (11) of section 259.032,

 6  Florida Statutes, are amended to read:

 7         259.032  Conservation and Recreation Lands Trust Fund;

 8  purpose.--

 9         (2)

10         (b)  There shall annually be transferred from the

11  Conservation and Recreation Lands Trust Fund to the Land

12  Acquisition Trust Fund that amount, not to exceed $20 million

13  annually, as shall be necessary to pay the debt service on, or

14  fund debt service reserve funds, rebate obligations, or other

15  amounts with respect to bonds issued pursuant to s. 375.051 to

16  acquire lands on the established priority list developed

17  pursuant to ss. 259.101(4) and 259.105 this section; however,

18  no moneys transferred to the Land Acquisition Trust Fund

19  pursuant to this paragraph, or earnings thereon, shall be used

20  or made available to pay debt service on the Save Our Coast

21  revenue bonds. Amounts transferred annually from the

22  Conservation and Recreation Lands Trust Fund to the Land

23  Acquisition Trust Fund pursuant to this paragraph shall have

24  the highest priority over other payments or transfers from the

25  Conservation and Recreation Lands Trust Fund, and no other

26  payments or transfers shall be made from the Conservation and

27  Recreation Lands Trust Fund until such transfers to the Land

28  Acquisition Trust Fund have been made. Effective July 1, 2001,

29  Moneys in the Conservation and Recreation Lands Trust Fund

30  also shall be used to manage lands and to pay for related

31  

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    Florida Senate - 2006                           CS for SB 1226
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 1  costs, activities, and functions pursuant to the provisions of

 2  this section.

 3         (9)  All lands managed under this chapter and s.

 4  253.034 shall be:

 5         (e)  Concurrent with the approval of the acquisition

 6  contract pursuant to s. 259.041(3)(c) for any interest in

 7  lands except those lands being acquired under the provisions

 8  of s. 259.1052, the board of trustees shall designate an

 9  agency or agencies to manage such lands. The board and shall

10  evaluate and amend, as appropriate, the management policy

11  statement for the project as provided by s. 259.035,

12  consistent with the purposes for which the lands are acquired.

13  For any fee simple acquisition of a parcel which is or will be

14  leased back for agricultural purposes, or any acquisition of a

15  less-than-fee interest in land that is or will be used for

16  agricultural purposes, the Board of Trustees of the Internal

17  Improvement Trust Fund shall first consider having a soil and

18  water conservation district, created pursuant to chapter 582,

19  manage and monitor such interests.

20         (f)  State agencies designated to manage lands acquired

21  under this chapter except those lands acquired under s.

22  259.1052 may contract with local governments and soil and

23  water conservation districts to assist in management

24  activities, including the responsibility of being the lead

25  land manager.  Such land management contracts may include a

26  provision for the transfer of management funding to the local

27  government or soil and water conservation district from the

28  Conservation and Recreation Lands Trust Fund in an amount

29  adequate for the local government or soil and water

30  conservation district to perform its contractual land

31  management responsibilities and proportionate to its

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 1  responsibilities, and which otherwise would have been expended

 2  by the state agency to manage the property.

 3         (10)

 4         (d)1.  For each project for which lands are acquired

 5  after July 1, 1995, an individual management plan shall be

 6  adopted and in place no later than 1 year after the essential

 7  parcel or parcels identified in the priority list developed

 8  pursuant to ss. 259.101(4) and 259.105 in the annual

 9  Conservation and Recreation Lands report prepared pursuant to

10  s. 259.035(2)(a) have been acquired. Beginning in fiscal year

11  1998-1999, The Department of Environmental Protection shall

12  distribute only 75 percent of the acquisition funds to which a

13  budget entity or water management district would otherwise be

14  entitled from the Preservation 2000 Trust Fund to any budget

15  entity or any water management district that has more than

16  one-third of its management plans overdue.

17         2.  The requirements of subparagraph 1. do not apply to

18  the individual management plan for the Babcock Crescent B

19  Ranch being acquired pursuant to s. 259.1052. The management

20  plan for the ranch shall be adopted and in place no later than

21  2 years following the date of acquisition by the state.

22         (11)

23         (b)  An amount up to 1.5 percent of the cumulative

24  total of funds ever deposited into the Florida Preservation

25  2000 Trust Fund and the Florida Forever Trust Fund shall be

26  made available for the purposes of management, maintenance,

27  and capital improvements not eligible for funding pursuant to

28  s. 11(e), Art. VII of the State Constitution, and for

29  associated contractual services, for lands acquired pursuant

30  to this section, s. 259.101, s. 259.105, s. 259.1052, or

31  previous programs for the acquisition of lands for

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 1  conservation and recreation, including state forests, to which

 2  title is vested in the board of trustees and other

 3  conservation and recreation lands managed by a state agency.

 4  Of this amount, $250,000 shall be transferred annually to the

 5  Plant Industry Trust Fund within the Department of Agriculture

 6  and Consumer Services for the purpose of implementing the

 7  Endangered or Threatened Native Flora Conservation Grants

 8  Program pursuant to s. 581.185(11). Each agency with

 9  management responsibilities shall annually request from the

10  Legislature funds sufficient to fulfill such responsibilities.

11  For the purposes of this paragraph, capital improvements shall

12  include, but need not be limited to, perimeter fencing, signs,

13  firelanes, access roads and trails, and minimal public

14  accommodations, such as primitive campsites, garbage

15  receptacles, and toilets. Any equipment purchased with funds

16  provided pursuant to this paragraph may be used for the

17  purposes described in this paragraph on any conservation and

18  recreation lands managed by a state agency.

19         Section 4.  Subsections (1) and (2) of section

20  259.1051, Florida Statutes, are 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, 259.1052, and

24  375.031. The Florida Forever Trust Fund shall be held and

25  administered by the Department of Environmental Protection.

26  Proceeds from the sale of bonds, except proceeds of refunding

27  bonds, issued under s. 215.618 and payable from moneys

28  transferred to the Land Acquisition Trust Fund under s.

29  201.15(1)(a), not to exceed $3 billion, must be deposited into

30  this trust fund to be distributed and used as provided in s.

31  259.105(3). The bond resolution adopted by the governing board

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 1  of the Division of Bond Finance of the State Board of

 2  Administration may provide for additional provisions that

 3  govern the disbursement of the bond proceeds.

 4         (2)  The Department of Environmental Protection shall

 5  distribute revenues from the Florida Forever Trust Fund only

 6  to programs of state agencies or local governments as set out

 7  in s. 259.105(3) or as provided in s. 259.1052. Excluding

 8  distributions to the Save Our Everglades Trust Fund and

 9  distributions for the acquisition of the Babcock Crescent B

10  Ranch Florida Forever acquisition as provided in s. 259.1052,

11  the distributions shall be spent by the recipient within 90

12  days after the date on which the Department of Environmental

13  Protection initiates the transfer.

14         Section 5.  Section 259.1052, Florida Statutes, is

15  created to read:

16         259.1052  Babcock Crescent B Ranch Florida Forever

17  acquisition; conditions for purchase.--

18         (1)  The purchase of the state's portion of the Babcock

19  Crescent B Ranch by the Board of Trustees of the Internal

20  Improvement Trust Fund is a conservation acquisition under the

21  Florida Forever program created in s. 259.105.

22         (2)  The Babcock Crescent B Ranch constitutes a unique

23  land mass that has significant scientific, cultural,

24  historical, recreational, ecological, wildlife, fisheries, and

25  productive values. The property is part of a potential

26  greenway of undeveloped land extending from Lake Okeechobee to

27  the east and Charlotte Harbor to the west. The natural beauty

28  and abundant resources of the ranch provide numerous public

29  recreational opportunities such as hiking, fishing, camping,

30  horseback riding, and hunting.

31  

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 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 Legislature encourages the use of documentary

16  stamp tax revenues under s. 201.15 for the purchase of the

17  state's portion of the Babcock Crescent B Ranch so that the

18  purchase may be completed in one transaction, closing on or

19  before July 31, 2006.

20         (6)  The Fish and Wildlife Conservation Commission and

21  the Department of Agriculture and Consumer Services shall be

22  the lead managing agencies responsible for the management of

23  Babcock Crescent B Ranch.

24         (7)  In addition to distributions authorized under s.

25  259.105(3), the Department of Environmental Protection is

26  authorized to distribute $310 million in revenues from the

27  Florida Forever Trust Fund. This distribution shall be made in

28  one payment and shall represent payment in full for the

29  portion of the Babcock Crescent B Ranch to be acquired by the

30  state under this section.

31  

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 1         (8)  As used in this section, the term "state's portion

 2  of the Babcock Crescent B Ranch" comprises that portion of

 3  property described in Exhibit "A" attached to the Agreement

 4  for Sale and Purchase executed by the Board of Trustees of the

 5  Internal Improvement Fund, the Fish and Wildlife Conservation

 6  Commission, the Department of Agriculture and Consumer

 7  Services, and the participating local government, as

 8  purchasers, and MSKP III, Inc., a Florida corporation, as

 9  seller, which shall be conveyed by special warranty deed to

10  the Board of Trustees of the Internal Improvement Trust Fund

11  on or before July 31, 2006, and recorded in the public records

12  of Charlotte County.

13         Section 6.  Section 259.10521, Florida Statutes, is

14  created to read:

15         259.10521  Babcock Ranch citizen support organization;

16  use of property; audit.--

17         (1)  DEFINITIONS.--For the purpose of this section, the

18  "Babcock Ranch citizen support organization" means an

19  organization that is:

20         (a)  A Florida corporation not for profit incorporated

21  under the provisions of chapter 617 and approved by the

22  Department of State;

23         (b)  Organized and operated to conduct programs and

24  activities; raise funds; request and receive grants, gifts,

25  and bequests of money; acquire, receive, hold, invest, and

26  administer, in its own name, securities, funds, objects of

27  value, or other property, real or personal; and make

28  expenditures to or for the direct or indirect benefit of the

29  Babcock Crescent B Ranch;

30         (c)  Determined by the Fish and Wildlife Conservation

31  Commission and the Division of Forestry within the Department

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 1  of Agriculture and Consumer Services to be consistent with the

 2  goals of the state park system and in the best interests of

 3  the state; and

 4         (d)  Approved in writing by the Fish and Wildlife

 5  Conservation Commission and the Division of Forestry to

 6  operate for the direct or indirect benefit of the ranch. Such

 7  approval shall be given in a letter of agreement from the Fish

 8  and Wildlife Conservation Commission and the Division of

 9  Forestry.

10         (2)  USE OF PROPERTY.--

11         (a)  The Fish and Wildlife Conservation Commission and

12  the Division of Forestry may permit, without charge,

13  appropriate use of fixed property and facilities of the

14  Babcock Crescent B Ranch by a citizen support organization,

15  subject to the provisions of this section. Such use must be

16  directly in keeping with the approved purposes of the citizen

17  support organization, and may not be made at times or places

18  that would unreasonably interfere with recreational

19  opportunities for the general public.

20         (b)  The Fish and Wildlife Conservation Commission and

21  the Division of Forestry may prescribe by rule any condition

22  with which the citizen support organization shall comply in

23  order to use fixed property or facilities of the ranch.

24         (c)  The Fish and Wildlife Conservation Commission and

25  the Division of Forestry shall not permit the use of any fixed

26  property or facilities of the ranch by a citizen support

27  organization that does not provide equal membership and

28  employment opportunities to all persons regardless of race,

29  color, religion, sex, age, or national origin.

30         (3)  PARTNERSHIPS.--

31  

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 1         (a)  The Legislature recognizes that the Babcock

 2  Crescent B Ranch will need a variety of facilities to enhance

 3  its public use and potential. Such facilities include, but are

 4  not limited to, improved access, camping areas, picnic

 5  shelters, management facilities, and environmental education

 6  facilities.  The need for such facilities may exceed the

 7  ability of the state to provide such facilities in a timely

 8  manner with moneys available.  The Legislature finds it to be

 9  in the public interest to provide incentives for partnerships

10  with private organizations with the intent of producing

11  additional revenue to help enhance the use and potential of

12  the ranch.

13         (b)  The Legislature may annually appropriate funds

14  from the Land Acquisition Trust Fund for use only as state

15  matching funds, in conjunction with private donations in

16  aggregates of at least $60,000, matched by $40,000 of state

17  funds, for a total minimum project amount of $100,000 for

18  capital improvement facility development at the ranch at

19  either individually designated locations or for priority

20  projects within the overall ranch system. The Babcock Ranch

21  citizen support organization may acquire private donations

22  pursuant to this section, and matching state funds for

23  approved projects may be provided in accordance with this

24  subsection.  The Fish and Wildlife Conservation Commission and

25  the Division of Forestry are authorized to properly recognize

26  and honor a private donor by placing a plaque or other

27  appropriate designation noting the contribution on project

28  facilities or by naming project facilities after the person or

29  organization that provided matching funds.  The Fish and

30  Wildlife Conservation Commission and the Division of Forestry

31  

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 1  are authorized to adopt necessary administrative rules to

 2  carry out the purposes of this subsection.

 3         Section 7.  Except as otherwise expressly provided in

 4  this act, this act shall take effect upon becoming a law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 1226

 8                                 

 9  This committee substitute deletes all provisions in the
    original bill authorizing bonds to be issued for the purchase
10  of the Babcock Ranch, expands the purposes for which funds in
    the Florida Forever Trust Fund can be used to include the
11  purchase of the ranch, and authorizes the Department of
    Environmental Protection to distribute $310 million in one
12  payment for the full purchase of the ranch.  The committee
    substitute also authorizes the creation of a citizen support
13  organization, designates the Fish and Wildlife Conservation
    Commission and the Department of Agriculture and Consumer
14  Services as the lead managing agencies, and provides for the
    development of an individual management plan over a 2 year
15  period.

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