(LATE FILED)Amendment
Bill No. 0299
Amendment No. 645311
CHAMBER ACTION
Senate House
.
.
.






1Representative Boyd offered the following:
2
3     Amendment (with title amendment)
4     Between lines 102 and 103 insert:
5     Section 2.  Subsection (4) of section 704.06, Florida
6Statutes, is amended to read:
7     704.06  Conservation easements; creation; acquisition;
8enforcement.--
9     (4)  Conservation easements shall run with the land and be
10binding on all subsequent owners of the servient estate.
11Notwithstanding the provisions of s. 197.552, all provisions of
12a conservation easement shall survive and are enforceable after
13the issuance of a tax deed. No conservation easement shall be
14unenforceable on account of lack of privity of contract or lack
15of benefit to particular land or on account of the benefit being
16assignable. Conservation easements may be enforced by injunction
17or proceeding in equity or at law, and shall entitle the holder
18to enter the land in a reasonable manner and at reasonable times
19to assure compliance.  A conservation easement may be released
20by the holder of the easement to the holder of the fee even
21though the holder of the fee may not be a governmental body or a
22charitable corporation or trust.
23     Section 3.  Tax increment financing for conservation
24lands.--
25     (1)  Two or more counties, or a combination of at least one
26county and one or more municipalities, may establish, through an
27interlocal agreement, a tax increment area for conservation
28lands. The interlocal agreement, at a minimum, shall:
29     (a)  Identify the geographic boundaries of the tax
30increment area;
31     (b)  Identify the real property to be acquired as
32conservation land within the tax increment area;
33     (c)  Establish the percentage of tax increment financing
34for each jurisdiction in the tax increment area;
35     (d)  Identify the governing body of the jurisdiction that
36will administer a separate reserve account in which the tax
37increment will be deposited;
38     (e)  Require that any tax increment revenues not used to
39purchase conservation lands by a date certain be refunded to the
40parties to the interlocal agreement. Any refund shall be
41proportionate to the parties' payment of tax increment revenues
42into the separate reserve account;
43     (f)  Provide for an annual audit of the separate reserve
44account;
45     (g)  Designate an entity to hold title to any conservation
46lands purchased using the tax increment revenues;
47     (h)  Provide for a continuing management plan for the
48conservation lands; and
49     (i)  Identify the entity that will manage these
50conservation lands.
51     (2)  The water management district in which conservation
52lands proposed for purchase under this section are located may
53also enter into the interlocal agreement if the district
54provides any funds for the purchase of the conservation lands.
55The water management districts may only use ad valorem tax
56revenues for agreements described within this section.
57     (3)  The governing body of the jurisdiction that will
58administer the separate reserve account shall provide
59documentation to the Department of Community Affairs identifying
60the boundary of the tax increment area. The department shall
61determine whether the boundary is appropriate in that property
62owners within the boundary will receive a benefit from the
63proposed purchase of identified conservation lands. The
64department shall issue a letter of approval stating that the
65establishment of the tax increment area and the proposed
66purchases would benefit property owners within the boundary and
67serve a public purpose before any tax increment funds are
68deposited into the separate reserve account. If the department
69fails to provide the required letter within 90 days after
70receiving sufficient documentation of the boundary, the
71establishment of the area and the proposed purchases are deemed
72to provide such benefit and serve a public purpose.
73     (4)  Prior to the purchase of conservation lands under this
74section, the Department of Environmental Protection must
75determine whether the proposed purchase is sufficient to provide
76additional recreational and ecotourism opportunities for
77residents in the tax increment area. If the department fails to
78provide a letter of approval within 90 days after receipt of the
79request for such a letter, the purchase is deemed sufficient to
80provide recreation and ecotourism opportunities.
81     (5)  The tax increment authorized under this section shall
82be determined annually and may not exceed 95 percent of the
83difference in ad valorem taxes as provided in s. 163.387(1)(a),
84Florida Statutes.
85     (6)  A separate reserve account shall be established for
86each tax increment area for conservation lands which is created
87under this section. The separate reserve account must be
88administered pursuant to the terms of the interlocal agreement.
89Tax increment funds allocated to this separate reserve account
90shall be used to acquire the real property identified for
91purchase in the interlocal agreement. Pursuant to the interlocal
92agreement, the governing body of the local government that will
93administer the separate reserve account may spend increment
94revenues to purchase the real property only if all parties to
95the interlocal agreement adopt a resolution approving the
96purchase price.
97     (7)  The annual funding of the separate reserve account may
98not be less than the increment income of each taxing authority
99which is held as provided in the interlocal agreement for the
100purchase of conservation lands.
101     (8)  Unless otherwise provided in the interlocal agreement,
102a taxing authority that does not pay the tax increment revenues
103to the separate reserve account by January 1 shall pay interest
104on the amount of unpaid increment revenues equal to 1 percent
105for each month that the increment revenue remains outstanding.
106     (9)  The public bodies and taxing authorities listed in s.
107163.387(2)(c), Florida Statutes, and special districts that levy
108ad valorem taxes within a tax increment area are exempt from
109this section.
110     (10)  Revenue bonds under this section are payable solely
111out of revenues pledged to and received by the local government
112administering the separate reserve account and deposited into
113the separate reserve account. The revenue bonds issued under
114this section do not constitute a debt, liability, or obligation
115of a public body, the state, or any of the state's political
116subdivisions.
117     Section 4.  The Legislature finds that an inadequate supply
118of conservation lands limits recreational opportunities and
119negatively impacts the economy, health, and welfare of the
120surrounding community. The Legislature also finds that acquiring
121conservation lands for recreational opportunities and ecotourism
122serves a valid public purpose.  
123
124
125======= T I T L E  A M E N D M E N T =======
126     Remove lines 2-10 and insert:
127An act relating to conservation; creating part IV of ch.
128369, F.S., entitled "Springs Protection"; providing a
129short title; providing legislative findings and intent;
130providing definitions; establishing the Florida Springs
131Stewardship Task Force; providing for task force
132membership and duties; requiring a report to the Governor
133and Legislature; providing for assistance and cooperation
134from state agencies and local governments; providing for
135expiration of the task force;  amending s. 704.06, F.S.;
136providing that all provisions of a conservation easement
137shall survive and remain enforceable after the issuance of
138a tax deed; authorizing two or more counties, or a
139combination of at least one county and municipality, to
140establish a tax increment area for conservation lands by
141interlocal agreement; providing requirements for such an
142interlocal agreement; requiring that a tax increment be
143determined annually; limiting the amount of the tax
144increment; requiring the establishment of a separate
145reserve account for each tax increment area; providing for
146a refund; requiring an annual audit of the separate
147reserve account; providing for the administration of the
148separate reserve account; providing that the governmental
149body that administers the separate reserve account may
150spend revenues from the tax increment to purchase real
151property only if all parties to the interlocal agreement
152adopt a resolution that approves the purchase price;
153providing that a water management district may be a party
154to the interlocal agreement; requiring certain approvals
155from the Department of Environmental Protection and the
156Department of Community Affairs; providing a comparative
157standard on which the minimum annual funding of the
158separate reserve account must be based; requiring a taxing
159authority that does not pay tax increment revenues to the
160separate reserve account before a specified date to pay a
161specified amount of interest on the amount of unpaid
162increment revenues; providing exemptions for certain
163public bodies, taxing authorities, and special districts;
164providing that revenue bonds may be paid only from
165revenues deposited into the separate reserve account;
166providing that such revenue bonds are not a debt,
167liability, or obligation of the state or any public body;
168providing legislative findings; providing an effective
169date.
170


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